01-0487R

RESOLUTION AFFIRMING THE DECISION OF THE BOARD OF ZONING APPEALS TO DENY A REQUEST TO ALLOW OVERSIZED OFF-PREMISE SIGNAGE IN A SCENIC AREA FOR THE INSTALLATION OF AN ADDITIONAL 180 SQUARE FEET OF SIGNAGE TO THE EXISTING 60 SQUARE FEET (240 SQUARE FEET TOTAL) OF OFF-PREMISE SIGNAGE ON A RETAINING WALL AT THE SOUTHWEST END OF THE PARKING LOT ON PROPERTY LOCATED AT 2120 LONDON ROAD (NICK PATRONAS)

BY COUNCILOR STENBERG:

        WHEREAS, Nick Patronas has appealed to the city council the decision of the board of zoning appeals to deny a request to allow oversized off premise signage in a scenic area for the installation of an additional 180 square feet of signage to the existing 60 square feet (240 square feet total) of off premise signage on a retaining wall at the southwest end of the parking lot on property located at 2120 London Road; and

        WHEREAS, the property is located within a scenic area as defined by Chapter 44.34(a)(9); and

        WHEREAS, Chapter 44.34(b) states that no off premise sign in excess of 60 square feet shall be erected or maintained in scenic areas; and

        WHEREAS, the board of zoning appeals denied the variance to allow oversized off premise signage because it found that no hardship to the property existed where special circumstances or conditions applying to a building or land are peculiar to such property and not apply generally to other land or buildings in the vicinity; and it is not necessary for the preservation and enjoyment of a substantial property right (not merely a convenience); and

        WHEREAS, the city council has considered this appeal and agrees with the decision of the board of zoning appeals that the granting of a variance to allow oversized off premise signage in a scenic area cannot be made in this case based upon a hardship to the property.

        NOW, THEREFORE, BE IT RESOLVED, by the city of Duluth that the board of zoning appeals' decision of May 22, 2001, is hereby affirmed by the city council, and the appeal is denied.



STATEMENT OF PURPOSE:  This resolution affirms the decision of the board of zoning appeals to deny a zoning variance to allow oversized off premise signage in a scenic area on property located at 2120 London Road. The council agreed with the board's findings that no physical characteristic peculiar to the property prevented the owner from exercising a substantial property right, and that granting a variance may result in negative impacts on the surrounding neighborhood. The council determined that granting a variance would violate the requirements of the sign ordinance and the zoning code.