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