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Planning commission recommends council consider permit for dynamic-display sign on Smiley Road
Summary
The Nisswa planning commission voted June 2 to recommend that city council approve a conditional use permit for a freestanding sign with a dynamic display at 23962 Smiley Road, but said the sign's placement within the Smiley Road right-of-way requires separate council authorization and set of conditions.
The Nisswa City Planning Commission on June 2 voted to recommend that city council consider a conditional use permit (CUP 011-26) to allow a freestanding sign with a dynamic display at 23962 Smiley Road.
Andy Schaefer, the applicant, told the commission he intended to install a display in an existing curb island and had provided photos and plans in the meeting packet. "We're just looking to put up a display sign in the island," Schaefer said.
Stephen, the city planner, said the dynamic-display element is the feature that requires processing through the conditional-use pathway under section 20-478. He described the technical standards that govern such displays, including minimum display duration, brightness controls and shutoff times, and said his review found the proposed sign size met ordinance requirements. Stephen added that the displayed certificate of survey showed the sign location would be within the Smiley Road right-of-way, which changes the approvals needed.
"Placement is depicted to be within that right of way," Stephen said, and he recommended a set of conditions (eight in the staff report) to protect the city's interest and to make the planning commission's action a recommendation to council rather than a final authorization.
Commissioners discussed the right-of-way issue and noted that any dispensation of authorization within the right-of-way corridor would be a council action. The staff report included a proposed condition stating that "failure to obtain right-of-way authorization shall render the CUP null and void as to the proposed sign location within the right-of-way, and the sign must be relocated to a code-compliant location outside the right-of-way or the CUP amended accordingly."
With no public comments, commissioners moved, seconded and carried a motion to recommend approval of CUP 011-26 to city council subject to the facts, findings and conditions contained in the staff report. The commission also voted to close the public hearing on the item.
Next steps: the commission forwarded its recommendation to the Nisswa City Council, which will separately consider right-of-way authorization and the conditions that Stephen outlined. If the council does not grant right-of-way approval, the staff-recommended condition would render the CUP void for the proposed location and require relocation or amendment.
