3B - Variance for a Sign Exceeding the Height Limit

Home Browse Search

1. The proposed sign is located in a 35-mile-per-hour speed zone, where the sign area limit is 64 square feet and height limit is 10 feet. The applicant proposes to construct a sign that is go square feet in sign area and 25 feet in height. 2. The proposed sign would be located in the location of the existing marquee near the flagpole. The proposed sign would meet the front setback of one (1) foot, being approximately 12 feet. 3. Strict interpretation of the Ordinance would not create an undue hardship. All commercial and industrial properties in the City are held to the height limitations set in this Ordinance when new signs are being constructed. While the Oasis sign is considerably taller, measuring approximately 31 feet, and the BP Sign is 36 feet high, these signs are considered legally non-conforming signs as they were originally constructed prior to the adoption of the existing Ordinance. 4. Strict interpretation of the Ordinance would not be impractical because there are not any characteristics of the property, such as lot size, shape, or topography,which have limited development and construction on this property. 5. The deviation from the Ordinance would not be in keeping with the spirit and intent of the Ordinance. Section 7.1, Subdivision 1 states that the purpose of the Sign Performance Standards is to protect the general welfare and safety of the City by providing a policy of aesthetic development to prevent signs from intruding on the rural and residential character of the community. Allowing signs to exceed the height limitation set in the Ordinance would infringe on the character that the City seeks to protect and promote. 6. The variance, if granted,will not create a land use that is not permitted in the zone. Signs are allowed and permitted in the Downtown Mixed Use zone. 7. While properties in the vicinity have legally non-conforming signs that exceed the height limitation of the Ordinance, the proposed height of the sign is unlikely to have an overall adverse impact on the neighboring properties. However, the variance if approved, along with the accumulation of similarly constructed signs, has the potential to alter the essential character of the locality. The Ordinance is designed to limit the height of signs so that the character of the community,being rural and residential, is not compromised. 8. Reasonable use of the property currently exists under the Ordinance as the property currently contains a retail-oriented structure with related parking. Planning Commission Direction: The Planning Commission can develop findings to recommend approval of the variance application, it can develop findings to recommend denial of the variance, or it can table the subdivision request to gather additional information or provide the applicant time to modify the proposal. Staff Recommendation: Based on the findings of fact presented in this report, the Staff recommends that the variance request be denied. The applicant has not shown that there is a hardship, as defined by the Ordinance, that is unique to the property and not created by the landowner. While the neighboring property does contain a sign that is greater than the maximum height allowed, that is not enough reason to grant approval for signs with heights beyond the limit that has been established. City of Pequot Lakes Staff Report 2-3 May r7,200'7