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City Council Minutes October 17, 2016 Page 5 1. Prior to recording the Conditional Use Permit, the city's Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. The inspection and abatement of all concerns must be completed by December 17, 2016. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 4. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. 5. The applicant must apply for and receive approval of all required permits before any construction may begin. Motion carried 5-0. 7.4. Gateway Church —Variance 75 Foot Sign, Case No. V 16-09 Ms. Simon presented the staff report. Mayor Dietz opened the public hearing. Shirley Tuttle residing at 18513 Queen Street, lives adjacent to the church property and presented a petition with the names of eight residents opposing the request for the construction of the Gateway Church advertising sign. She stated the petitioners are asking the city to enforce and stay within the parameters of the city ordinance. She indicated the petitioners feel construction of this sign will interfere with the property owner's rights to enjoy their property as intended at the time of purchase, could decrease the value of their homes in the River Place Development, and interfere with future property sales. Adam Holmes, President, VanMan Architects and Builders, spoke on behalf of Gateway Church. He questioned the definition of a sign as laid out in Elk River City Code Section 30-852, subsection b, regarding religious symbols. He stated the sign being requested is a cross, which he felt falls under the classification of a religious symbol and wondered if the ordinance definition needed to be revised or clarified. Attorney Beck stated this request falls under the definition of a sign under Section 30-852. He stated the applicable definition of a sign means any device, fixture, structure, placard using graphics, symbols and/or written copies. He stated the intent of the ordinance is not to regulate the content of the sign but rather regulate the dimensional and height requirements, There being no one else to speak, Mayor Dietz closed the public hearing. 10IEIII Ii ATURE