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PL 03/13/1974 - 303950 r"°� � TiINUTES OF THE JOTNT MEETING OF THE PLANNING COMMISSION AND THE BOARD OF APPEALS OF MARCH 13, 1974 The meeting was called to order by Chairman Eitzpatrick at 8:30 P.M. Plannin� Comnission MEA�ERS PRESENT: Fitzpatrick, Harris, Lindblad, Drigaas MEN�ERS ABSENT: Blair Board of Appeals MEMBERS PRESENT: Drigans, Crowder, Plemel, Wahlberg MII�ERS ABSENT : Gabel Others Present Mr. Uirgil Hexrick, City Attorney Mr. Darrel Clark, Community Development Adm. Mr. Howard Ma.ttson, Engineering Aide Item ot Discussion THE POLICY TO FOLLOW IN HANDLING REQUESTS FOR SPECIAL USE PERMITS AND VARYANCES FOR EXISTING NON-CONFORMING BILLBOARDS Mr. Ma.ttson handed out a status report which was ma.de up by the City on the existing billboaxds and how each sign meets or does not meet each code requixement of the billboa�cd ordinance. Mr. Clark gave a suunnary of why these requests will be coming before the Couunissions. He said in September of 1969 the Planning CouBnission and the Council adopted a Sign Ordinance. He said this ordinance requires that a11 billboaxds wi11 need a special use permit granted before Septembex 15, 1974 or will have to be removed. He said there axe appxoxim.ately 24.existing billboards in the City with only four having had a special use permit granted. He said the list �Chat was handed out shows the location of the signs and how most of them don't meet at least one Code requirement and some don't meet two or more. He said before we staxt getting the requests, it was thought to be a good idea to have a joint meeting, with the City Attorney present, to decide what the Cammissions would do and what they can do on the requests. He said on the last page of the st�tus report is a taac base report on foux of the billboaxds. Mrs. Wahlberg asked if there is a figure fox the total tax dexived from all of the signs. Mr. Claxk answered that this wa.s not done but it would probably amount to less than $50.00 Chaixznan Fitzpatrick stated that �Chis ordinance was presuma,bly looked into and studied before it was adopted and he asked Mr. Herrick if it would hold up in aourt for removing billboaxds that were constructed before the ordinance was edopted. ' Mr. Herrick stated that our sign ordinance is constitutional. He said it allawed ^ � for a 5 yeax moxatorium for depreciation on existing signs so it is satisfactory in this regard. The Commission will have to decide as to whether i�s reasonable _ for �.special use permit on a sign or before they ask that it be taken down. He �said they must take it on a fact to fact basis. He said the Council will have to March 13, 1974 Page 2 Minutes of the Joint Meeting of the Planning Commission and the Boaxd of Appeals . decide whether they axe going to issue any special use permits and they could say take them all_dawn or they could grant them all. He said whatever action is taken on the xequests should be consistant whether it is extreme measures or not. He '�`� said if you a11ow some and deny some, you need guidelines and a criteria as to what is needed fox approving or denying. He said as far as determinixig in advance whether the court would support the City or not, thats hard to do. He said a form should be made up showing factoxs you th�.nk would be important to make your � decision on. � Mr. Harris brought up the point about the City's xesponsibility as far as a laase for the sign goes. He said as an example if a sign company leased the land theix sign is oa for 10 years, and they have 5 years left on the lease, and the Cou�issi.on decides �he sign should b� removed. He asked if the Attorney thought the City would be held responsible for the balance of the lease. Mr. Herrick replied that in some cases no. He said the ordinance was adopted 5 years ago after most property owners and sign companies knew about it. He said even though we might diminish the value of the land, i�t would be difficult to determine. Ha said we have given them 5 years to recoup their investment. He said the question that then comes up is is 5 yeaxs reason�ble.He said the court has decided that 3 years is suf£icient. He said he would suggest that the City get information on the lease and the cost of the sign when it was built to add to the data they alxeady have on the signs. Mic. Harris asked if the Co�anission could recommend to the Council that the Special Use Pexmit, if approved, ra.n un�il the end. of the lease. Mr. Herrick replied that could be done and that was why he suggested �ooking into the length of the lease. He added they could also grant the.special u:se permit for a specific length of time, say 1 year, and review them again after that time. Mr. D�igans asked the Conanission to look at the denial extreme. He said if the denia]. was done on a mass basis, would the City need a resolution passed. He asked if that would be one way of Eovering not granting any special use permits. Mr. Herrick replied he would think that that is what the City would want to do if they wanted a mass denial. He said if that was the result, the City would have to look into the reasons for doing it. Mr. Drigans said the Ordinance was drawn up and somebody must have looked into this throughly. He asked if it would be better to deny all the requests before we get all the requests to eliminate the consideration on an individual basis. He said thats what we want to get away from. Chairma,n Fitzpatrick stated some of the criteria is more important than others. He asked how many of the billboards don't meet the Code. Mr. Clark answered about 90 percent of them don't meet the Code. Chairman Fitzpatri:ck said you ha�e talked about a form and getting information on each sign. He asked if we would have to take applications for special use permits if we were to decide to deny all of them. Mr. Herrick stated we would have to accept.the applications.but you could recommend that no special use permits be granted. Mr. Harris asked if the City were to deny all of one companies signs, would the court find the City acting in a capricious manner. Mr. Herrick stated that was � a hard question to answer. He said Minnetonka took that position (to deny them n all), and won in court, but he couldn't say what would happen now. Mr. Drigans asked about the billboards that have had leases negotiated within the last five years. He asked what chance the City would have in court if we denied their ' request�for a special use permit. Mr. Herrick answered that the City would have a good position on these. Marcn is, iyi4 Page 3 Minutes of the Joint Meeting of the Planning Commission and the Board of ARPeals . Mr.Plemel asked abou� the City's billboards. He said isn't that putting us in a bad position. Mr. Clark said some of those billboards have agreements on them and some have Council approval with just building permits. Mr. Herrick stated ,� • that was another reason to check into each billboard permit as they have been erected under several different means. . Mr. Lindblad sCated who:is governing who. He said why should a sign company be able to tell the City what to do. He said if we are going to approve anything, what will p�event anybody from coming in to get a billboard permit. Mr. Herrick stated its a question of property owners rights. He said if the owner has a banified property interest, then the City has to prove it is in the interest of the he�lth, welfare and safety of the public to remove them. Mr. Crowder stated the decisions ha�e to be a blanket denial, give everyone a special use permit, or go through iche requests individually. He said it sounds like we should set quidelines for each action. Mr. Herrick stated the outcome that is accepted would not only affect the existin� billboards but also would apply to new applications. He said the City should come up with a form that will require all information about a sign. Mr. Clark asked if two public hearings will have to be held for a billboard needing both a special use permit and a variance. Mr. Herrick said there could � be.a joi�t meeting between the Planning Commission and Board of Appeals and hold one hearing. He said there could be the one advertisi.ng, one meeting and have two separate votes; the Board of Appeals first for the variance, the Planning Commission second on the special use permit. Mr. Clark said he felt we were weakening our position by having two votes. Mr. Growder said he felt it should n go to one board or the other. Mr. Drigans said he felt the Commission sh�uld list the advantages and disadvantages of the actions open to them. He said we should attack this on a systematic basis. Chairma,n Fitzpatrick said lets look at the blanket.denial and what the rationale would be. The Commission came up with; 1. Upholding the Code as written and adopted. 2. Save administrative time for going over individual requests. 3. Save Council and Commission time. 4. Court costs on goi.ng just once instead of several ti.mes. Pir. Lindblad asked if all 24 billboards have to have action taken on them before September. Mr. Clark said there are 4 that may not have to as they had�special use permits granted before the 1969 Ordinance but they do not meet the criteria for billboards now. Mr. Herrick said he felt they should be lumped together with the others. _ Mr. Herrick said he had a discussion with a sign company about taking down three signs because of roadwork involving widening the street. He said compensation of $1,000.00 apiece had to be paid out on the removal of the signs, and added that might give the Commission an idea of what can happen. Mr. Fitzpatrick said he didn't think the City would be going to court 18 times, because of the court findings, one of the parties would learn. Mr. Clark said he felt the signs are individual in themselves �,nd to state a blanket request would be wrong. Mr. Herrick said some communities have had a blanket denial but that would have to be the Commission's decision. He said if Council agrees with �• �the Commission, then a portion of the Ordinanca would have to be deleted. March 13, 1974 Page 4 Minutes of the Joint Meeting of the Planning Commission and the Board of Apneals Mr. Lindblad felt the City should eliminate them all. He said you cannot give one sign approval without the rest getting approval also. '� Mr. Harris aslced the Commission to consider Sandee's billboard. He said if we denied this sign, would it be detrimental to his business. Mr. Herrick said the owner would probably think so. Mr. Harris stated Sandee's was here before the City so to speak, when Chings were different, but without that sign, no �ne would know where the place is at. � Mrs. Wahlberg asked why the City should be placed in that posit3on. She said the City did not ask them to locate where they are so why is it the City's responsibility. She said there are a number of restaurants that do not have billboards that ara not on a main street. Chairman Fitzpatrick said he felt Sandee's sign does not draw much business into the place that didn't know where it was located beforehand. Mr. Lindblad asked if this sign was approved, and then the.place was sold, would the new owner still retain approval for the billboard. Chairman Fitzpatrick said anyone could give reasons for wanting a billboard. Mrs. Wahlberg said another item for consideration would be the environmental impact. Chaix�an Fitzpatrick asked the Commission to list the advantages a,nd disadvantages for a blanket approval. They came up with; 1. Work load would be.Tighter and faster. 2. Add few extra revenue dollars to the budget. 3. Leave avenues open for additional billboards. 4. Failure to uphold Codes. 4. Reverse reasons for denial. Mrs. Wahlberg asked if the ti.me limit of special use permits is standard. Mr. Clark said it varies depending on what the special use permit is granted for. �1 Mr. Clark stated the renewal fee for billboards is due Apri1 30, 1974 and obviously the action on all variances and special use permits cannot be made by then.. Mr. Herxick suggested that when the billing forms are sent out, attach a reminder for the special use permit approvml and state in case of denial, the fee paid taill be prorated with the excess returned. He said he felt this Co�ission should make their decisions and see if the Council concurs. He said the publi.c hearings could be held and any action taken before.the September date. Chairman Fitzpatrick asked Mr. Herrick what would be the easiest to defend the City on; blanket den�al and not issuing any special use permits or selective denial. Mr. Herrick said from a legal standpoint, there is a good possibility of winning on a blanket denial and if there are standards set up for selective denial, he wouldn't be afraid of that either. Mr. Herrick said i£ there was to be a blanket denial, a change in the Ordinance should be made prior to September stating all non-conforming .signs must be removed by a certain date. He said since we have already g�canted a 5 year moratorium u.nder the Ordinance, he felt the court would agree with a 6 month to 1 year time li.mit. He said this time would•allow them to recoup their investments and clean-up their affairs. He added the Commission should do their homeworlc and then present it to the Council before the hearings are held. • • Mr. Crowder asked if the sign company's would fight the City if we gave them 6 months more. Mr. Clark answered that he thought they would because they want their signs as that is their business. ^ Mr. Harr3.s asked if the buyers o£ advertising space could hold the City > responsible. Mr. Herrick stated he doubted it as he was sure the companies have severence clauses. March 13, 1974 Page 5 Minutes of the Joint Meeting of the Plannin� Co�ission and the Board of Appeals ' Mr. Plemel asked about the grandfather clause and why it doesn't apply here. Mr. Herrick stated it has applied here for the last 5 years but after September, � . it wi11 cease and then they need special use permits. Mr. Crowder said the Commission has been assuming the sign companies will not conform to the billboard requirements. He said maybe they will. Mr. Mattson said some restrictions could be complied with and some couldn't be as far as setbacks are concerned. Mrs. Wahlberg asked if it was possible to prohibit signs on a specific roadway. Mr. Herrick said he thought it could if you could show accident statistics or something unique about it to qualify �ienying. He said the.Commission would need�� basis and fact and a qualified person in engineering or traffic study should do the s tudy . Mrs. Wahlberg stated she had been told that the book "Street Graphics" has information in it giving statistics about signs and she felt the City should obtain a copy which might be ot help on the billboards and especially helpful to the Board of Appeals on the variance requests. Mr. Drigans asked if this body should meet again after information is acquired and the form made up. Mr. Clark suggested each board going over the information when it is available and then calling a special meeting if it is decided it is necessary. Mr. Herrick stated that on the whole, it might be better to consider tlie requests one at a time, and then try to adopt a consistant pattern of action. ^ � Mr. Drigans stated.the book "Street Graphics" might show that our Sign Ordinance is outdated in relation to its findings. He said at the Board of Appeals meeting it was brought up that the Code says nothing about the number of tratfic directiona.l sign allowed. Chairman Fitzpatrick said if the people on the Commissions feel the Ordinance or parts of the Ordinance are outdated and should be looked at again, it should be done• Mr. Clark said the City staff will research and get the information on each billboard including lease, type of pern►it, etc., and also draw up the form and get this report back to the members in possibly two weeks. He said after they get this information the Commission can make up their forma,t and present it to the Council fox thi.e � approval. ADJOURNMENT . 7.'he meeting was adjourned by Chai�nan Fitzpatrick at 10:30 P.M. Respectfully submitted, J MARY HINTZ Secxetary-Board ot App s � . o �_