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1 Inspector but wanted the record to show there had been full • 2 discussions on the subject the prior evening. 3 Franzese: indicated she had the same recollections and was just trying 4 to bend over a bit to let the proprietors know the Commis- 5 sion was glad to have them in the community. 6 Hansen: said from reading the minutes, he agreed that the applicants 7 had ignored the Commission' s recommendations to clear the 8 matter up before putting up the sign. 9 Werenicz: asked whether the restaurant would be open to splitting the 10 front sign to put "Family Restaurant" on the east side for 11 better exposure because he would be opposed to recommending 12 anything else on the side as long as they retained the 13 signage on the front. 14 Mr. Farrell said he "would have to tear down the whole front to do 15 that and it would cost him $17 ,000 to tear down the existing pylon 16 sign on the roof , and it would only cost about $2,300 to put the 17 proposed sign up instead. He said he had not even connected the front 18 sign yet because "the pylon is where all the power is" . He told 19 Commissioner Werenicz the letters in the front sign are specially 20 constructed to connect to the mansard roof. 21 During the development of a motion the City Manager indicated he �22 perceived that the fact that the permit had been granted in error 3 would not make the front sign a non-conforming sign, and, even though 24 there had been a staff error in this case, a variance to allow the 25 excessive signage to remain would probably be in order. Mr. Childs 26 recalled that case law had already ruled that administrative error 27 didn' t make something legal or necessarily make the City liable for 28 the error. He therefore disagreed with Commissioner Madden that a 29 variance was unnecessary. 30 The Manager also pointed out that he knew the Commissioners didn' t 31 intend to let the Dairy Queen keep all the signage the owner con- 32 tended had been approved by someone in the City offices without a 33 variance and it would not now be fair to treat this business any 34 differently. Mr. Childs told Mr. Farrell the copy on the pylon could 35 not be considered to be "grandfathered in" since it had been turned 36 off a long time now since the restaurant had been closed. 37 Commissioner Hansen told Commissioner Madden he perceived the Commis- 38 sion would have protested the excessive signage even if no. further 39 variances were sought. 40 Commission Recommendation 41 Motion by Werenicz , seconded by Wagner to recommend to the Council 42 that a variance be granted to the business known as "Mickey D' s 43 Family Restaurant" at 2905 Kenzie Terrace for the signage which has 0 8