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Memotothe Mayorand City CouncilN99-17 <br />Janua~ 6,2000 <br />Page 3 <br /> <br />water tower and pedestrian bridge has, to some extent, compounded the visibility <br />problem. <br /> <br />Deprivation of Riqhts <br /> <br />Denial of the variance would not deny the applicant's ability to have signage. They <br />have the option of relocating a sign from another part of the building to the desired <br />location. Elk Park Center, zoned PUD, has signage on both sides; however, it is limited <br />to two signs per tenant, well within the ordinance requirements. <br /> <br />Applicant's Action or Inaction <br /> <br />The applicant has stated that the adjacent strip mall to the south blocks the original <br />signage on the building. The mall, while closer to 169, is actually lower than <br />Applebees. At the time the mall was being constructed, the applicant could have made <br />plans to relocate one of the signs to a more advantageous location. <br /> <br />Adverse Impacts <br /> <br />Placing an additional sign on the structure would not adversely affect the residents of <br />Elk River; property to the east is commercial in nature. A new, illuminated sign in the <br />proposed location, could pose a traffic hazard to motorists on 169 trying to read the <br />sign within the small window of opportunity that exists. This would be a new element in <br />the landscape. <br /> <br />Board of Adjustment Action <br /> <br />The Board of Adjustment was divided on this issue. Several of the members disagreed <br />with staff's interpretation of two signs on the west side of the building. In the end, the <br />Board voted 3-2 to recommend that the City Council deny the variance request. <br /> <br />Recommendation <br /> <br />While staff is sympathetic to the applicant's plight, they have not met the five conditions <br />for granting a variance. The applicant could explore other forms of advertising, <br />including temporary signs (inflatable, located on the roof) or relocating an existing sign <br />from the west side of the building. Staff recommends that the City Council deny the <br />request to allow a fourth sign on the building. <br /> <br /> <br />