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HomeMy WebLinkAbout1990-075 Council ResolutionCouncil Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 75 - 90 A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ADAMS OUTDOOR ADVERTISING FOR PLACEMENT AND ERECTION OF AN OUTDOOR BILLBOARD AT C.R. 14 AND I -35E. WHEREAS, Adams Outdoor Advertising has submitted an application for a conditional use permit to locate a 14 x 48 foot lighted billboard with a maximum height of 45 feet at the diamond interchange located at C.R. 14 and I -35E, and WHEREAS, the Lino Lakes' zoning ordinance lists eight standards the city must follow in considering conditional use applications, and further states that a permit can be issued only if it finds the use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. B. Will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the city and this ordinance. C. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. F. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. G. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. H. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. I. Will conform to specific standards of this ordinance applicable to the particular use, and WHEREAS, the city's design review board (planning commission) reviewed the Adams' application and recommended denial to the city council based on the following findings. The proposed sign: A. Will be detrimental to the general welfare of the neighborhood and the city. B. Will not be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the city. C. Will be designed so as not to be harmonious and appropriate in appearance with the intended character of the general vicinity and will change the essential character of the area. D. Will be detrimental to the economic welfare of the community. E. The city's freeway interchange plan is in progress, and WHEREAS, the city council after holding a public hearing determined that in addition to the general findings of the design review board the proposed billboard: A. Is located in an area noted in the National Wetlands Inventory of the USACOE as being a wetland area. No permits have been obtained by the applicant. B. The adjacent property owner has prepared a written statement giving his observation that "...signs would not be the best use of the property." C. The draft copy of the freeway interchange study prepared by SEH Inc. recommends in the executive summary that signs be controlled as part of a PUD plan and no billboards be allowed in the area. D. The 672 square foot sign will reduce visibility of a portion of the northeast quadrant of the interchange (especially from the northbound exit). This will reduce its development potential and value. E. Policy D-3 of the current comprehensive plan states "...areas performing essential natural functions (read - wetlands) should be maintained as permanent open space." F. Located only 20 feet from MNDOT right-of-way the lighted 672 square foot sign will act as a hazard to the functioning of the diamond interchange. NOW THEREFORE BE IT RESOLVED THAT the City of Lino Lakes, for the reasons outlined here, hereby denies the conditional use permit application submitted for review by Adams Outdoor Advertising to erect a billboard at the C.R. 14 and I -35E interchange. Passed by the Lino Lakes City Council this 22nd day of October , 1990. Harold L. Bisel, Mayor Maril G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Mayor Bisel and upon vote being taken thereon, the following voted in favor thereof: Kuether, Bisel, Reinert. The following voted against same: Bohjanen, Neal Whereupon said resolution was declared duly passed and adopted.