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City of St. Anthony Planning Commission Meeting Minutes February 15, 2000 • Page 6 l Council, department heads, Chair of the Parks Commission, and he would be attending as the 2 Chair of the Planning Commission. He anticipated that he would be able to approach the subject 3 of hiring a planner for the City's interest. He reminded the Commission that the City had hired 4 Richard Krier to assist with the design of the Shopping Center on the City's behalf. 5 E. Possible Variance for Nativity Lutheran Church. 6 Ms. Moore-Sykes reviewed for the Commission the facts surrounding the sign at Nativity 7 Lutheran Church. In the 1960's, the Church installed an identification sign before the City 8 adopted a sign ordinance in later years. 9 In September 1999, a representative from Nativity Lutheran Church contacted City Staff and 10 filed a sign permit with the intention of changing the sign so that it would be easier to maintain 11 as well as have a more updated appearance. The Church did not plan to change the dimensions, 12 location, footings, electrical wiring or the base of the sign. 13 In the meantime, a resident contacted the City and complained that the Church's sign was placed 14 in the right of way and was therefore in noncompliance with the City's sign ordinance. Upon 15 further review by City Staff, it was determined that the prior sign and the newly updated sign were indeed in the right of way; however, upon further review, it was determined that the church's previous sign had been installed prior to the existence of the current City ordinance and 18 thus had been grandfathered in. 19 In any event, City Staff found that Section 1400.08, Subd. 15 allows for the replacement of 20 existing business identification signs. An important point is that the previous sign was not de- 21 molished,but simply updated. 22 Bergstrom clarified the facts with Ms. Moore-Sykes: 1)the.new sign was simply rebuilt in the 23 same place, using the existing electrical pad, footings and base, and utilizing the dimensions of 24 the existing sign; and 2) the previous sign had been built before the existing sign ordinance. 25 Hatch inquired if the City found it necessary to grant a variance for the placement of the sign, 26 would the City be held responsible if damage occurred to the sign because the sign was placed-in 27 the right of way. 28 In that respect, Bergstrom directed Management Assistant Ms. Moore-Sykes to obtain an opinion 29 from City Attorney William Soth to address if the process of rebuilding and updating the sign for 30 Nativity Lutheran would trigger the need for the removal of a nonconforming structure. In addi- 31 tion, if the City proceeded with the variance process, and approved a variance for a sign in the 32 right of way, would the City be responsible for damages caused to the sign due to the sign being 33 in the right of way. 'R4 Thomas commented that the Commission might consider as a matter of policy adopting some 35 standard principles regarding nonconforming structures that are currently in existence.