Variance-140 Washington Ave. S.Planning Commission Report
VARIANCE -140 WASHINGTON AVENUE SOUTH
NAEGELE OUTDOOR ADVERTISING
September 18,;1986
PURPOSE: The purpose of this report is to review and
recommend action on a variance request by Naegele.
BACKGROUND:
Name of Applicant: Naegele Outdoor Advertising,
Inc.
Address of Property: 140 Washingon Avenue South
Current Zoning: I -2
Reason for Request: Additional height needed for
the elevated roadway.
Nature of Request: To allow an existing billboard
to remain with a variance to exeecd the height
requirement by 15 feet.
The subject billboard is the former FarVue billboard
which was granted a height variance on June 18, 1985
with the following conditions.
1. That the proposed advertising sign will be a
backlighted sign, and will be limited to copy promoting
the KSTP -AM radio stations and its programming.
2. That the variance and permit granted can be tied to
the length of the contract /lease executed between
Hubbard Broadcasting and Mr. Willian Ryerse, of
Millwork, Inc. The consequences of Item 2 would be to
limit the granting of the height variance to Hubbard
Broadcasting only, thus prohibiting the sale of the
sign to another sign or advertising company.
3. That Hubbard Broadcasting will provide a
directional arrow and the City name (Hopkins) attached
in an aesthetically pleasing manner, to its sign
structure at the
proposed site.
4. That the company work with City staff to determine
the height of the sign, which would be a minimum
height at which the sign can be read.
No.
VN86 -12
VN86 -12
Page 2
Naegele has acquired the subject sign since it was
constructed, however since the variance was granted to
FarVue and is condtioned that the billboard be owned by
FarVue, the applicant is requesting a height variance
for the subject billboard.
The sign will remain the same as the existing sign.
The current billboard consists of a single pole, two
faced and interior lite. The billboard is 8.5' x 29'
which consists of 246.5 square feet per side.
427.04 (14) limits the height of a sign to 35 feet.
The applicant is requesting a height variance of 15
feet.
At the time the previous variance was granted on June
18, 1985, no findings of fact were given.
427.04 (108) states that a variance shall be granted to
a specific parcel of property because of undue hardship
due to circumstances peculiar and unique upon such
parcel.
ANALYSIS: The City Attorney has rendered an opinion
which states that because of the prior variance
approvals, the City will be hard - pressed to deny a new
variance application by Naegele for the FarVue sign.
Also in a recent opinion he advised that the City may
not regulate the content of advertising that is not
otherwise obscene. The City Attorney opinions have
made it clear that the proper course of action would be
to grant the variance without any restrictions on
content.
RECOMMENDATION: I recommend that the variance be
granted. The following are suggested Findings of Fact
should the Commission recommend approval:
1. That a unique circumstance is present due to the
height of the overpass.
2. A hardship exists due to the height of the overpass
which dictates the height of a billboard to be visible
from Highway 18.
q)CrnIC 41tany\
Nancy S; Anderson
Communi y Development Analyst
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