CC PACKET 12181984 - Laserfiche WebLink

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-4- 1 In his December 7th memorandum, Mr.- Childs had reported -Craig Belisle's unhappiness 2 at being required. to turn off.the flashing lights in the window of his store,. the 3 Video Update at 2501 Kenzie Terrace and indicated Mr. Belisle had requested he be 4 given the opportunity of appealing staff's interpretation of the Sign Ordinance 5 that the flashing lights would not constitute an historical symbol because of their 6 resemblance to a theater marquis, as was stated in the store owner's November 26th 7 letter, which had been included in the agenda packet. 8 9 Mr. Childs reiterated that it was staff's belief that it would take a substantial 10 stretch of interpretation of the Sign Ordinance to consider the lights symbolic 11 of a theater marquis, which` in any event, the ordinance would not permit to flash. 12 13 Mr. Belisle asked what the City had against lights, saying his store is #11 in 14 -25 other Video Updates around the metropolitan area, -half of which he believes are 15 allowed the same lighting arrangements he had in his window. He then identified 16 three of these as the Maplewood, Eden Prairie stores and the store on Rice Street 17 in St. Paul . 18 19 The store proprietor questioned why the Public Works Director had not told him 20 the City would not allow this type of lighting when he initially discussed the 21 store with Mr. Belisle, saying he had undergone a great deal of expense installing 22 the lights, only to be told they had to be turned off. According to Mr. Belisle., 23 it would cost him around $60 to purchase the computer chip to turn the flasher off. 24 The complainant then distributed copies of a letter from the Video Update 25 Corporate Counsel supporting his contention that his lighting should be permitted 26 under the section in the Sign Ordinance which states a commercial establishment 27 is allowed one historical identification symbol not exceeding five square feet. 28 29 Commissioner Hansen responded that, even if the lighting could be considered an 30 exception to the Sign Ordinance, the window size itself would bring it into non- 31 conformance with the same ordinance. Commissioner Jones read Section 430:30 which 32 specifically prohibited any flashing lights, .except those which gave time and 33 temperature readings, which he read as meaning even if the lights could be 34 considered a theater marquis, they could not flash under that section. The 35 Chair agreed, saying if a theater were located in the City, the ordinance would 36 probably prohibit flashing lights on the marquis. 37 38 Commissioner Bowerman told the store owner he perceived there had never been an 39 ordinance intent to consider flashing lights as historical symbols because the 40 section prohibiting flashing lights in signs had originally been written into the 41 ordinance because the City perceived they might create a distraction for drivers 42 along busy thoroughfares. He told Mr. Belisle that although the Commission wanted 43 to be fair to him, they could foresee that, if they let him have that type of 44 lighting, that decision might be very hard to live with if sometime in the future, 45 a similar request came ,in for a business located on a busy street like 'Stinson 46 Boulevard. The Commissioner also questioned the concept that flashing lights are 47 historical symbols for all theaters, many- of which now use other types of lighting 48 in their marquis. 49 50 Commissioner Bowerman wondered whether a variance to the Sign Ordinance might not 5:---Y'hay_e, to be granted if the .l fights.were to be turned on again:-_and told Mr. Belisle if 52 ' 61 t '`were so, he might have a d ifficult time proving a unique hardship had been • 53 created for him by the ordinance which had not been created for other businesses 54 in the same area. 55