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Planning Commission Meeting Minutes March 21, 2000 Page 3 • 1 deemed to be permitted under Section 1660.02, Subd. 1. If this is not clear, Mr. Soth stated,the 2 City could always consider a variance. If this is done,then the issue would be whether it would 3 constitute a hardship-to relocate the sign to move it off the right-of-way. 4 In his letter, Mr. Soth recommended that an agreement be entered into with the Church whether 5 the City determines that a variance is needed or not. The agreement would provide the Church 6 with a license to continue the sign in the City right-of-way under certain conditions. 7 Furthermore, the agreement would provide that the Church would indemnify the City for any 8 claims related to the presence of the sign in the right-of-way. 9 Momson stated that, in response to the public hearing notice for this issue, the City Staff 10 received a telephone call from the resident who had initially complained about the sign. 11 Chair Bergstrom introduced Mr. Dave Wischnewski, a representative of Nativity Lutheran 12 Church. Mr. Wischnewski stated that the Church was prompted to modify the sign for the pur- 13 pose of a more updated look and easier maintenance. Additionally, the Church's address was in- 14 cluded on the sign for emergency response reasons. The footings were improved, but not 15 changed, he stated. •16 Chair Bergstrom thanked Mr. Wischnewski for his input and attendance at the meeting. 17 Chair Bergstrom called for any other input from the audience and hearing none closed the public 18 hearing at 7:13 p.m. 19 Bergstrom offered that the issue at hand is whether the sign requires a variance or not. It was his 20 suggestion that the Commission continue with the process now for resolution instead of deferring 21 the issue until later. 22 Thomas stated it would be helpful to see photographs of the sign as it existed before 23 modification. Mr. Wischnewski stated that he had not brought any pictures with him to the 24 meeting. 25 Tillmann offered that the new sign was very similar to the older one. 26 Stille offered that the dictionary's definition of"reconstruct" is to `re-establish, reassemble or re- 27 construct again.' 28 Motion by Bergstrom, second by Melsha,that the setback variance request for the Nativity 29 Lutheran Church sign is recommended to the City Council for approval due to the following rea- 30 sons: 1 1. An undue hardship would be caused if the sign was moved and subsequently caused a 32 change to the configuration of the Church and the configuration of the traffic pattern; 33 2. The variance would be utilized to correct an extraordinary circumstance with respect to 34 the traffic pattern and the setting of the lot;