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STAFF REPORT To: Chair, Planning Commission Report No.: Planning Commission From: Kim Moore-Sykes, Assistant City Manager Date: March 17, 2009 Subject: St. Antony Baseball Association's Proposal to Post Commercial Signs on Outfield Fence in Palm Field, Central Park. Back ogr und: Mr. Stephen Peterson, on behalf of the St. Anthony Baseball Association, contacted Staff to request that the City reconsider the Baseball Association's request to post commercial advertising signs on the Palm Field outfield fence in Central Park. Mr. Peterson said the Association had previously discussed this with Staff about a year ago. We informed the Association that the City's ordinance does not allow temporary banners or signs posted on fences. Mr. Peterson reported to Staff that the Association is proposing to ask for a variance to the City's Sign Ordinance. But in reviewing the attorney's opinion from Foster & Brever, it was determined that they will need at least two variances. The School District 282, as property owners, will have to apply for these variances. As part of the variance application, they will have to demonstrate an hardship exists that is unique to their property and this hardship makes it difficult for the property owner to use the property to its greatest potential in order for the variances to be considered for approval. The first variance the School District would have to apply for deals with commercial signs in the Recreation/Open Space Zoning District, which is the zoning designation of the area Central Park and Palm Field are located in. For this variance, the first consideration is Section 1400.07 Prohibited Signs., which states that signs that are not specifically permitted in this Chapter are hereby prohibited. That being stated, Chapter 14 SIGNS does not specifically allow signs in the Recreational/Open Space Zoning District. Also, Central Park is surrounded by single family homes in the adjacent R-1 Zoning District that does specifically restrict signs to one identification sign in the right-of-way frontage and one address sign on the curb (1400.12,Subd. 1 Residential, (1)). The only Zoning District in the City allowed to post commercial signs is Commercial and Limited Business (1400.12, Subd. 2 Commercial and Limited Business). The next variance that the School District will be required to obtain is to Section 1400.06, Subd. Placement of Signs. This subdivision states that no sign, or attachments to it, may be erected, placed or maintained by any person on rocks,fences, or trees. While Mr. Eric Brever, Esq., tries to describe the fence around Palmer Field as a wall (Brever Letter, dated December 6, 2008, page 1, 2nd Paragraph), it is recognized as a chain-link fence (Ibid,3rd Paragraph). Proposal for Signs on Palmer Field Fence 031709.doc