When a Lutsen business owner approached the Cook County Planning Commission at its January 2014 meeting with a request to amend his business’s 2007 conditional use permit (CUP) to modify his internally illuminated sign—with LED bulbs—Cook County Planning & Zoning Administrator Bill Lane raised the question of whether or not LED technology is addressed in the current county sign ordinance. That led to a planning commission decision that it should seek a moratorium on all LED lit signs for six months, to allow time to consider the question. The planning commission request met with denial at the county board meeting on Tuesday, February 25.
The request came from Paul Goettl, owner of Clearview General Store in the Clearview complex owned by Jeff Latz. Goettl’s request was to make a change to the gas station sign on the east edge of the Clearview property, replacing the gas prices displayed below the large white Mobil sign. Goettl explained that the pricing section of the sign was damaged and not repairable. He said the existing base and poles and the upper Mobil sign would stay in place. The only thing to be changed is the lower section, which Goettl explained meant installing a new, more efficient, LED sign.
Goettl also submitted the sign permit application fee of $300.
After discussion of whether or not it could make a decision based on the existing sign ordinance and stressing that Goettl’s request was not denied, merely suspended, the planning commission passed a motion to impose a six-month moratorium temporarily prohibiting the issuance of conditional use permits for internally lit LED signs in Cook County. The purpose, the planning commission said, was to allow the sign ordinance committee to develop ordinance standards and language addressing the introduction of new technology into advertisement displays in Cook County.
Planning & Zoning Administrator Lane presented a draft resolution to the county board and said, “In our sign ordinance, there is no mention of LED displays…We would be considering a CUP amendment request which has no basis in either the land use plan, or in zoning ordinances, or the Cook County sign ordinance. The pragmatic approach was to step back and reconvene the sign ordinance committee,” said Lane.
Planning Director Tim Nelson acknowledged that a moratorium was a “pretty big step” and he said that is why planning staff recommended six months, instead of 12 months as has been done for previous moratoriums such as the ones pertaining to cell phone towers and dog kennels. He said the hope is to finish the review even sooner than six months.
“It wasn’t necessarily the implications of this request,” said Nelson, “but the whole corridor of Highway 61.”
Commissioner Bruce Martinson noted that the county had authorized one dog kennel before enacting the moratorium to study the situation. He said he felt Goettl’s request should be approved. “He paid $300 in good faith… He went through the process of contacting the neighbors. If there was going to be a moratorium, it should have been brought up when he applied.”
Commissioner Sue Hakes asked about the difference between traditional lighting and LED lights. Lane said LED lights are 10 times brighter.
Commissioner Garry Gamble said he could understand Goettl’s frustration. “The problem, as Commissioner Martinson said, is he went quite a way in the process.”
Nelson said as the ordinance is reviewed, it might turn out that Goettl’s request is completely acceptable. “But what concerns us as Planning & Zoning is that this sets a precedent.
“Under the current ordinance, one could argue that someone could put up an LED billboard—a movie-type billboard— and we have nothing in place to address that,” said Nelson.
Commissioner Hakes said, “I have great respect for Planning & Zoning as well, but in this case, I’m going to oppose the moratorium. I think Mr. Goettl got caught in this—and in general I don’t like moratoriums as a tool.”
“In light of no opposition from his neighbors, I would support this request, enacting an ordinance after,” said Commissioner Martinson.
A motion introduced by Commissioner Gamble to enact a moratorium with the understanding that the sign committee move quickly with its review was seconded by Commissioner Jan Hall for discussion. The motion failed and Commissioner Martinson asked if that meant the county board could approve Goettl’s CUP amendment.
Planning Director Nelson said the county board did have the option to approve it with conditions. Commissioner Hakes suggested sending the request back to the planning commission. “They can retool it,” she said.
Commissioner Gamble said he understood the concerns about setting a precedent for LED lights, and asked if the Goettl request could in effect, be grandfathered in.
Nelson said it was his understanding that another service station in the area is also interested in installing LED lighting. “I don’t know if slipping this one in is fair,” he said.
Commissioner Hakes made a motion that the planning commission rehear Goettl’s conditional use permit amendment request. Commissioner Martinson seconded and the motion carried unanimously.
There was no further discussion on whether or not to enact a moratorium on signs.
In other business:
. Planning & Zoning Director Tim Nelson presented the final version of the recently revised Solid Waste Management Plan to the board. He noted that the review process started last summer. The final draft was published as directed and no comments had been received by the county or the Minnesota Pollution Control Agency. He recommended that the county board adopt the plan. A unanimous motion passed to adopt the Solid Waste Management Plan as presented.
. County Assessor Betty Schultz presented a policy for handling disaster abatements, explaining that this would be used to assist homeowners who suffer disasters such as the two houses on Devil Track Lake that were destroyed by fire last summer or the recent Grand Marais house fire. She said homeowners are supposed to file for tax abatements themselves and having this policy would help them. She said it would be posted to the county website. The board approved the policy contingent on approval of Assistant County Attorney Molly Hicken.
. The board accepted the recommendation of Assistant County Engineer Sam Muntean to hire Becher-Hoppe Associates, Inc. to provide a design and construction review for an analysis for the proposed Cook County Airport runway extension. Muntean said the county would be eligible for reimbursement of the Becher-Hoppe Associates fee of $4,200 from the FAA.
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