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2. The entire structure will be constructed outside the 75 -foot Ordinary High Water <br />`-- setback. <br />Subject to the following conditions: <br />1. The applicant shall ensure that erosion control practices are in place prior to any <br />construction through the use of silt fencing or other erosion control measures. <br />2. A stormwater management plan shall be implemented after construction. The plan <br />shall be prepared for staff to review and approve prior to implementation. <br />All members voted "aye ". Motion carried. <br />APPLICANT: Brian Laudenbach <br />Applicant requests a Conditional Use Permit for Additional Signage in DMU <br />District (continuation) <br />Mr. Marohn explained the Staff Report. Applicant was not present but was represented <br />by Sean Kaneski, Kuepers Construction and Dairy Queen. Mr. Kaneski passed out new <br />drawings of the signs and site plan. <br />When asked, Mr. Marohn stated the first issue is the sign concept plan, the active <br />application. The Planning Commission approved the Conditional Use Permit for the <br />Drive -Thru last month. Mr. Kaneski stated he needs the Planning Commission to act on <br />the signs. <br />Mr. Adams stated the Planning Commission Chair had sent an email and read it into the <br />record. That email will become part of these Minutes. The Staff Report includes a lot of <br />information on signs as well as information from MN/DOT. The Sign Ordinance was <br />discussed and Mr. Marohn explained the Sign Concept Plan and what they are asking for <br />as a freestanding sign. <br />Mr. Kaneski stated there is now a fifth sign being requested, a Preview Sign. <br />MN/DOT has stated that one of the freestanding signs encroaches in their right -of -way <br />and needs to be removed. Both existing freestanding signs are nonconforming — they <br />both exceed height and one exceeds size also. The digital reader is also an aspect. This <br />process has a lot of discretion on the part of the Planning Commission. <br />Mr. Kaneski stated the landscaping rock is being removed from the bottom of the sign. <br />The posts are not being removed; they do not encroach in the right -of -way. The one post <br />is 9.5 inches from the right -of -way and is within the 1 -foot setback from the lot line. The <br />size of the sign above is being made smaller as it hangs over the right -of -way. He stated <br />they plan reducing the size of the sign by 42.3 %; the height will remain the same. <br />Mr. Marohn stated the sign in nonconforming; it is too tall, too big and encroaches in the <br />setback. The issue the Planning Commission needs to address is once you start redoing <br />`.. it, it becomes a new sign. Mr. Kaneski stated they are lessening the size. <br />Minutes <br />Pequot Lakes Planning Commission <br />March 18, 2010 <br />