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1® City Council Regular Meeting Minutes April 11, 2000 . 0 Page 10 1 1'. Nativity Lutheran Church for 3312 Silver Lake Road, Setback Variance Request 2 and consideration of Resolution 00-030, a Resolution Relating to 3312 Silver 3 Lake Road Variance Request. 4 City Manager Morrison introduced William Thomas, a member of the Planning Commis- 5 sion, and invited him to address the Council. 6 Mr. Thomas began by reviewing the background of the variance request for Nativity 7 Lutheran Church. In September 1999, a representative from the Church filed a sign per- 8 mit with Staff to "change the sign out front." The intention was to change the sign so that 9 it would be easier to maintain and have a more updated appearance. The location, dimen- 10 sions, footings, electrical wiring, and base would remain the same. 11 During the course of the permit process, it was discovered that the sign was in the City's 12 right-of-way. However, the sign had been in existence since 1958, and was installed 13 prior to the City's ordinance being codified in 1976. In other words,the existing sign 14 was "grandfathered" into the ordinance. 15 Additionally, a resident had called Staff to complain about the existing sign being located •16 in the City's right-of-way. A legal opinion from City Attorney William Soth was 17 obtained, and a public hearing was held. No objections to the location of the sign were 18 voiced at the public hearing. 19 It was the Planning Commission's determination to allow for the variance due to five 20 hardship reasons, with the understanding that the City would enter into a license agree- 21 ment(pursuant to City Attorney Soth's recommendations) that would enable the City to 22 require removal of the sign if and when it was deemed appropriate. 23 Furthermore, Thomas stated that he has been made aware of other businesses within the 24 City that are in noncompliance with the local ordinances, and it has been recommended 25 that the Planning Commission arrive at a consistent policy in which to regulate these mat- 26 ters. 27 Hodson expressed disappointment at the time that the City has been required to spend on 28 this matter. He felt that the Church and the sign had been in existence since 1958, and 29 this issue needed to resolved and completed without further ado. 30 Motion by Sparks to approve Resolution 00-030, a Resolution Relating to 3312 Silver 31 Lake Road Variance Request, wherein the St. Anthony Planning Commission heard the 32 request from Nativity Lutheran Church, 3312 Silver Lake Road, at their March 21, 2000 33 meeting and made recommendation to the City Council to approve the setback variance •34 due to the following reasons: