7.2. SR 06-16-1997 - Laserfiche WebLink

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RESOLUTION #1995-313 A RESOLUTION DENYING THE REQUEST OF L & W DESIGN AND DEVELOPMENT FOR A SIGN HEIGHT VARIANCE ~ A FLAG POLE HEIGHT VARIANCE AT COUNTY ROAD 81 AND 4TH STREET (#95-168.22) WHEREAS, Section 356.30, Subd. 4 of the Brooklyn Park Code of Ordinances establishes a maximum sign height of 25 feet in the B-3 Zone, and the applicant has requested a variance to allow a sign height of 35 feet, and WHEREAS, Section 356.20, Subd. 14 of the City Code allows for a flag pole height not to exceed the maximum allowed height of the building, which would be 45 feet in the B-3 Zone, and the applicant a has requested a variance to allow a flag pole height of 70 feet, and WHEREAS, the applicant, L & W Design and Development, is acting on behalf of persons developing a Perkins Restaurant on the property located along County Road 81 and adjacent to the City of Osseo, and WHEREAS, the applicant has argued that other businesses in ~he City of o~meo along the Highway Bi corridor have signs with heights ranging from 35 to 40 feet and they feel they need the higher sign height so there will be visibility, and she applicant further indicates that they feel the proper sign height is something which is very important to their business in order to allow their customers to locate them, and further argue that a height of 35 feet would still allow the neighboring signs to be visible, and argue that if they use a 25 foot level they will affect the visibility.of three of their neighboring businesses, and WHEREAS, the City staff has reviewed the applicant's arguments for the variance and does not believe that signs in the adjacent communities create a special circumstance which satisfies the findings required under the Brooklyn Park City Code to allow a variance, and WHEREAS, the City staff believes that the property in Brooklyn Park is sufficiently separated from the Osseo businesses so that the size and height of the signs will not warrant a variance, and further that =his site is open and have good visibiliEy from both County Road 81 and Trunk Highway 169, and WHEREAS, the City staff has called to the attention of the Planning Commission and the City Council that the granting of a variance of this nature would adversely affect the City's ability to control sign height for other businesses being located in this new development in Brooklyn Park, and that in essence if they allow one higher sign, it will mean that in order ~o provide equal protection, like sign height variances would have to be granted to other businesses in the area, and the whole purpose of the limitations set forth in the sign ordinance would be defeated, and $1995-313