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so designed as not to create traffic congestion or an interference with traffic `.- on surrounding public thoroughfares. E. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. F. Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result. G. The conditional use will not result in the destruction, loss or damage of a natural, scenic or historical feature of major significance. H. The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients. Staff Findings: The Staff provides the following findings of fact addressing the issue of the non-conforming use for consideration: i. The request for a conditional use permit is to allow additional free standing signs along with the redevelopment of an existing nonconforming sign to include a reader board that would not conform with Section 17-7.1(4)(C) which outlaws all flashing, revolving or intermittently lit signs. Section 17-7.1(5)(A)(6) allows for a sign concept plan for anything that is not allowed in the sign section. 2. All signs, except one of the existing, freestanding signs, will meet the one foot setback requirement. The non-conforming sign is over the property line and within the Highway 371 right-of-way, according to Mn/DOT. 3. The applicant is proposing to reface the existing non-conforming sign. The sign will not be increased in size or height but will be intensified with an electronic reader board. 4. The refacing of the existing sign and the additional free standing sign located in the drive-thru will be coordinated to create an overall appearance for the Dairy Queen and the other businesses already established in the existing development. 5. The existing non-conforming sign is a total of 192 square feet per side for a total Of 384 square feet.This is a preexisting nonconformity. 6. The proposed directional drive-thru sign is approximately three and a half square feet (counting both sides) and just under four feet in height. This would be an extra sign as the property is a corner lot, each side is allowed one free standing sign and there are already two freestanding signs on the property. 7. In addition to the two existing, free-standing signs and the proposed directional drive-thru sign, the applicant is proposing an order menu sign for the drive-thru. This sign is approximately 40 square feet and just under eight feet in height. This sign would be behind the proposed building and only visible to drive-thru traffic. 8. The signs being proposed on the front fa9ade add up to a total of 142 square feet. The size of the existing sign for Sarie's Place is unknown. The total square footage of signage allowed is 263 square feet (ten percent of the fa9ade area of 2,629 square feet). 9. It is unknown whether or not any of the proposed signs will protrude greater than two feet from the building. 10. The closest edge of the building to Highway 371 is approximately 75 feet which would not allow for the additional five percent increase in signage allowed on the fa9ade. Pequot Lakes Staff Report 4(b)-4 March 18,2010