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86 STAFF REPORT To: Planning Commission From: Michael J.Mornson,City Manager Date: March 21,'2000 Subject: Setback Variance for Nativity Lutheran Church Sign BACKGROUND On September 9, 1999, a representative from Nativity Lutheran Church, 3312 Silver Lake Road, and the sign contractor filed a sign permit with staff in order to "change sign out front". In talking to the church representative,they indicated that they were only intending to change the sign so that it would be easier to maintain and have a more updated appearance. They indicated that they were not changing the dimensions or its location,that the footings, electrical wiring and base would remain the same. In reviewing the City's sign ordinance, Section.1400.08, Subd. 15 allows for the replacement of • existing business identification signs. It states that `.`a business.identification sign designed to replace an existing business identification sign which lawful exists under this Code [is permitted], so long as the new sign has the same dimensions and is in the same location as the existing sign; and is not a prohibited sign under Section 1400.007." In looking at Section 1400.007, Subd. 4 states that it is prohibited to have signs within the Public Right-of-Way or Public Easement. At the time that the sign permit was approved, Staff mistakenly thought the right-of-waywas 15 feet and thus making the sign conforming. A resident called on January 25, 2000, questioning the Church's sign and its possible placement in the right-of-way. The resident felt that it violated the sign code in several areas: landscaping, design and location. Kim Moore-Sykes explained that the contractor was not finished with the project,that the design calls for end caps so that the sign's width is consistent from base to sign surface; that the landscaping will be completed in the spring when the contractor can do the required plantings; and that I would have someone measure the sign's proximity to the public right-of-way. In checking with the Public Works Director, it was determined that the right-of way on Silver Lake Road is 33 feet, which represents half of the road width. Silver Lake Road is 66 feet wide. The Public Works staff measured the sign at 29 feet from the road centerline, making the sign 4 feet in the ri ght-of-way. I have attached a copy of the original sign permit and plans to this report.