7.2. SR 06-16-1997 - Laserfiche WebLink

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WHEREAS, the applicant argues that Perkins Restaurants throughout the metropolitan area and throughout the country have used a large American flag on a Perkins flag pole of 70 feet as a symbol of American heritage and pride, and have in effect argued that the American flag has become a part of Perkins' trademark and a syTnbol of their organization, and they argue that the flying of the American flag is a positive symbol of American spirit and pride, and W~EREAS, the City staff has pointed out to the Planning Commission and the City Council that the request of a variance from 45 feet to 70 feet for a flag pole does not meet the requirements for granting a variance as contained in the City Code, since there are no special circumstances affecting this property that would warrant a 25 foot variance and it would be in direct contrast to the intent of the ordinance, and WHEREAS, if the City Council were to grant a variance to 70 feet for this particular organization, the other businesses in the area and in the City of Brookl2~ Park could also make the same argument that the flag is something that they fly as a symbol of American spirit and pride, and in essence each party could continue to raise the limit to ou=-do their neighbors, and WHEREAS, the company in effect is arguing that the flag is a part of their signage, but they argue that the flag is not a sign and =herefore should not be subject to any of the limitations placed on signs, and WHEREAS, the Brooklyn Park Planning Commission met on September 13, 1995, and has unanimously recommended to the City Council ~ha~ the variances for the sign height and the flag pole height should be denied for the reasons set forth in the staff report, and because no findings can be made that justify a variance in this case, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN PARK, AS FOLLOWS: 1. The application of L & W Design and Development (Perkins) for flag pole and sign height variances for property located at County Road 81 and 4th Street is hereby denied for the following reasons: a o There are no special circumstances which satisfy the requirements set forth in the ordinance to allow a variance from the standards set forth for all properties in the City. The fact that there are higher signs in the City of Osseo does not justify raising the signs in the Ci%y of ~rooklyn Park, since they are separated by a distance, and the area is open and the signs are very visible to the motoring public. To grant variances, there should be an exceptional or extraordinary circumstance which applies, and special circumstances over which the owner of the properuy has no control, and other conditions or circumstances which do not #1995-313