BY COUNCILOR STENBERG:01-0488R
RESOLUTION REVERSING 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)
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 disagrees with the decision of the board of zoning appeals and that the granting of a variance to allow oversized off premise signage in a scenic area can be made in this case based upon a hardship to the property.
THEREFORE, BE IT RESOLVED, by the city of Duluth that the board of zoning
appeals' decision of May 22, 2001, is hereby reversed by the city council,
and the appeal is granted.