Applciation by Midas Muffler for CUP ( 519 E. Excelsior Ave.)0
0
August 19, 1981
Case No: 81 -29
Applicant: Midas Muffler
Address: 519 East Excelsior Avenue
Request: Conditional Use Permit for Construction of a Sign
STAFF FINDINGS COMMENTS: Kerrigan Rafferty
1. The subject property is located in a B -3 District. The applicant is requesting
a Conditional Use Permit to construct a sign which does not conform to the re-
quired setback of the ordinance. 427.42(3) states that signs shall conform to
building yard regulations for the district in which they are located except as
otherwise specified in the ordinance. In accordance with 427.35 this would re-
quire the applicant to have a 20' setback for a sign.
2. In September of 1980, the applicant requested a variance to construct a sign
within the setback limits. This application was approved by the Planning and
Zoning Commission, but subsequently denied by the City Council. At the time
the Planning Zoning Commission reviewed the variance they requested that the
staff review the sign ordinance as it pertains to how realistic the setback re-
quirements are for Hopkins. The Commission after reviewing this situation ap-
proved a revision to the ordinance. Under this change an individual now has
the ability to obtain approval for sign construction which does not meet the
setback requirements of the ordinance through approval of a Conditional Use
Permit as opposed to previously being required to obtain a variance, and thus
show hardship.
3. The applicant has stated that the proposed sign would present a more aesthetic
appearance than the existing one. The plan as presented calls for the area
surrounding the sign to be landscaped. If approved the applicant would be
obligated to comply with all applicable requirements of 427.42 concerning signs.