1999.09.20 CC Minutes - Laserfiche WebLink

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City Council meeting of September 20, 1999 Page 4 Stoltzman made motion, Leroux seconded, that the Council proceed with the moratorium work plan, and direct the City Administrator to contact several professional planning firms in effort to find one to work with the Planning Commission, at a cost not to exceed $5,000. VOTING AYE: Barnes, Haas, Leroux, Stoltzman VOTING NAY: Petryk Motion Carried. SIGN REQUEST (GALLIVAN) The City received a letter from Mr. Mike Gallivan, 12493 Forest Boulevard, regarding a sign advertising his business located at the above address. Mr. Gallivan would like to reconstruct the sign, which is a nonconforming use in the City's urban residential zoning district. The City's zoning ordinance does not allow the type of sign proposed as a principal, accessory, or conditional use in the urban residential zoning district. Hugo City Code, Chapter 320, Section 8.9, states, "a variance may not be granted for any use not permitted in the subject zoning district, nor shall a variance be granted instead of a required Conditional Use Permit." Staff believes that a variance or Conditional Use Permit may not be issued by the City for the type of sign requested by Mr. Gallivan in the urban residential zoning district. Hugo City Code, Chapter 320, Section 1.7, states that, "the lawful nonconforming use may not be enlarged or expanded except in compliance with the ordinance, and lawful nonconforming structures may be maintained and repaired to the extent that such maintenance or repair does not enlarge the nonconforming use, nor exceed in value 49% of its market value prior to the repairs or maintenance being undertaken." Under Hugo City Code, Chapter 320, Section 6.61(p), a sign that becomes "dilapidated, worn out, unreadable, unsafe, hazardous, or redundant", must be removed from the property. Mr. Gallivan appeared before the Council, and was informed that the only way to accomplish his request would be to rezone his property or amend the existing ordinance. Mr. Gallivan will contact the City's assessor to determine what impact rezoning would have on his taxes. 129TH STREET UTILITY EASEMENTS City staff has attempted to acquire the necessary easements to construct the proposed sanitary sewer and municipal water improvements to the area along the north side of Bald Eagle Lake. The City has been successful in obtaining easements from four property owners, and has applied to the County for an easement across a fifth parcel. The City has not been able to obtain voluntary easements from those properties owned by Robert McElmury and Glen Rehbein. Robert McElmury, owner of Bobber's, addressed the Council stating that he would like to rezone his property to allow him to be opened during the winter. If not allowed to be opened in the winter, he will sell his property to the DNR. Stoltzman made motion, Barnes, directing the City Attorney to obtain the easements required for the 129th Street improvement project, exercising the City's right of eminent domain. VOTING AYE: Barnes, Haas, Leroux, Stoltzman VOTING NAY: Petryk Motion Carried.