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Planning Commission Regular Meeting Minutes March 17, 2009 Page 3 1 VIII. CONCEPT REVIEWS 2 3 VIII.1. PROPOSAL FOR A VARIANCE TO THE SIGN ORDINANCE—ISD 282 4 5 Assistant City Manager Moore-Sykes presented the staff report on the proposal for a variance to 6 the sign ordinance—ISD 282. She stated Mr. Stephen Peterson, on behalf of the St. Anthony 7 Baseball Association, contacted staff to request that the City reconsider the Baseball 8 Association's request to post commercial advertising signs on the Palm Field outfield fence in 9 Central Park. Mr. Peterson said the Association had previously discussed this with staff about 10 one year ago. Staff informed the Association that the City's ordinance does not allow temporary 11 banners or signs posted on fences. Mr. Peterson reported to staff that the Association is 12 proposing to ask for a variance to the City's Sign Ordinance. But in reviewing the attorney's 13 opinion from Foster&Brever, it was determined that at least two variances will be needed. The 14 School District 282, as property owners, will have to apply for these variances. As part of the 15 variance application, they will have to demonstrate a hardship exists that is unique to their 16 property and this hardship makes it difficult for the property owner to use the property to its 17 greatest potential in order for the variances to be considered for approval. 18 19 Assistant City Manager Moore-Sykes provided an overview of the variances the School District 20 would be required to apply for. The first variance deals with commercial signs in the 21 Recreation/Open Space Zoning District, which is the zoning designation of the area Central Park 22 and Palm Field are located in. The next variance deals with placement of signs. Assistant City 23 Manager Moore-Sykes advised that Minnesota State Statute states that the applicant for a 24 variance must demonstrate that the property owner's situation is unique and not created by the 25 owner;that as a result of the City's ordinances and strict enforcement,the owner is experiencing 26 an undue hardship and the proposed variance will not change the essential character of the 27 neighborhood. The hardship argued cannot be solely based on economics. 28 29 Mr. Eric Brever, Foster&Brever, PLLC, stated he is present on behalf of the St. Anthony 30 Baseball Association(SABA). He stated SABA is looking for the recommendation of the 31 Planning Commission as to what they can to put their variance application together. They will 32 also be present for a public hearing at the April Planning Commission meeting. Mr. Brever 33 stressed that SABA would like to keep a dignified and classy look with the proposed signage. He 34 provided a presentation on the proposed installation of signs with advertising on the varsity 35 baseball field as a means to generate income for field improvements. Proposed signage would 36 include 10 to 20-4' x 6' vinyl advertising signs; local businesses would be approached first. The 37 signs would be mounted on the inside of the outfield fence at the St. Anthony High School 38 varsity field on April I"and removed on September I". Ivy would be placed along the fences 39 and trees would be planted to shield the homes across the field and reduce the noise and the sight 40 of the field. Mr. Brever stated that SABA is concerned that the City budget is being stretched and 41 that the City does not have the resources needed to devote to this field. The proposed sign 42 advertising would be administered by SABA with all proceeds going to baseball facility 43 maintenance and improvements. 44 45 Commissioner Jenson inquired approximately how many signs would be envisioned to be 46 mounted on the outfield fence. Mr. Brever replied that the proposal is for 10 to 20 signs;