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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 5 Mayor Morgan opend up the public hearing at 7:33 p.m. in the City Council chambers. Jamie L. Olson wants to cosntruct an advertising sign on land that is located adjacent to the I-94 frontage road and immediately in front (south) of the vali-Hi Drive In. A similar request for a larger sign on the same site in 1985 was denied by the City Council. The proposed sign is allowed by the Lake Elmo Municipal. Code in the General Business district, which the property is currently zoned. The proposed size of the two-sided sign (10' by 20' = 200 square feet) is within the size limitations of the code. It is also within the 35 foot height limitation. A variance is needed for the sign location because the sign would be less than the minimum 3,000 foot horizontal distance that is required between advertising signs which are located on the same side of a street or highway. The location of this sign would be approximately 400 to 500 feet from where the Vali-IIi Drive In sign is located. Ms. Olson added that there is no reason that they could not agree that her sign would. not block any sign Vali-Hi were to erect. She had made a proposal to Mr. R. J. O'Neil, owner of the Vali-Hi Drive In, to build his sign below her sign with no cost to him, but he was not interested. Mr. O'Neil stated that his new sign would be off to the east of the screen. Ms. Olson referred to a letter written by her lawyer James Lammers, Stillwater, in which he stated that in his opinion she should be reasonably entitled to a variance because of the .fact that she could not put her property to any other reasonable use. As was pointed out to him, there are other non -conforming signs in the City of Lake Elmo. FINDINGS OF FACT: 1. The proposed sign appears to not exceed a 500 foot separation distance from the Vali-Hi sign, where the Lake Elmo Code requires a minimum of 3,000 feet. 2. The proposed sign does not exceed size or height limits as specified in the Lake Elmo Code. Mr. O'Neil, owner of the Vali-Hi Drive In, explained that his Attorney Brad Gunn had clearly stated at the Planning Commission meeting that the Olson's had been adequately compensated for damages to that property. Ms. Olson responded that her attorney's feelings on the basis that awards are made are assumed that the property owner may make some reasonable use of their land. Mayor Morgan clsoed the public hearing at 7:55 p.m. M/S/P Christ/Dunn - to deny a variance request from Jamie L. Olson to allow her an advertising sign with a CUP in a General Business Zone based on Lake Elmo's Municipal Code which requires 3,000 feet between signs and applicant's proposal does not meet this requirement. (Motion carried 5-0).