Agenda Packets - 2006/03/27 - Laserfiche WebLink

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Mounds View City Council March 13, 2006 Regular Meeting Page 15 portrayal can be submitted as to what something would look like in certain area. 1 2 Mr. McCarver stated the problem with a variance is that it may get hung up in a legal question 3 depending the way things go, and stated it is his understanding that there are certain criteria to 4 meet to have a variance, and it may not be as easy as the Council indicates. 5 6 Mayor Marty stated the Planning Commission will have to stick with the variances, but the 7 Council has the authority to overrule and decide otherwise. 8 9 Councilmember Gunn added that the same Council is not always going to be here. 10 11 Director Ericson added that in case of the variance approved for the golf course, it was approved 12 solely on the basis of the trees being in the way. He explained the type of variance relates to the 13 type of use. He stated the height of the trees in front of a billboard is the hardship if the billboard 14 cannot be seen. He explained this is a clear hardship that can be demonstrated. Director Ericson 15 stated that Planning Commissions and City Councils change, but when looking at the variance 16 criteria and addressing the fact if there is hardship, it should remain the same regardless of the 17 City Council, and should not be arbitrary. 18 19 City Administrator Ulrich stated looking at a variance is acceptable, and once the Council has set 20 the precedence that a variance is granted on tree height, the City cannot be arbitrary on where the 21 variance is granted, as long as billboards are allowed in the district. He stressed there has to be 22 consistency in how it is applied. He stated this is one reason for designating certain areas for 23 height as opposed to leaving a broad based that a variance can be granted anywhere. 24 25 Mayor Marty asked Clear Channel to review the proposed sites with Staff before the next 26 meeting to see if that type of language can be worked in. 27 28 Mayor Marty noted the City was hoping to install monument signs with brick work on the signs 29 at the golf course, and asked if there was still going to have this type of sign put in there. He 30 stated a variance was given for the billboard in front of Walgreens to expand, and the City asked 31 for more of a base or monument. He asked if the same type of base could be requested if there 32 are any signs on County Highway 10, without being arbitrary, since it is the boulevard area of the 33 City. 34 35 Director Ericson stated he could check with the City Attorney, and that the City can adopt design 36 guidelines that would be implemented city wide on certain construction. He stated the City has 37 not taken a position and the City was fortunate to do that for the existing billboards because they 38 were on Highway 10. 39 40 Councilmember Thomas stated that the Council is not talking about negotiating contracts, but 41 rather only the separate permit process. She stated it is an opportunity of the private property 42 owner to negotiate the design of the billboard. 43 44 Mr. McCarver stated it is the intent to stone work on Signs 1 and Sign 6. He noted the other two 45