Agenda - Council - 10/14/2025 - Laserfiche WebLink

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October 1, 2025 Page 4 within the District. Placing a third sign within a three -sign district that complies with all other code requirements is a reasonable use of the Site. iDigital itself is the real reason that Kenjoh, or any applicant, would have to seek a variance to secure the third remaining sign CUP on the east side of town. (Digital secured the first two available sites, one on the west and the other toward the center of town. And, in doing so, iDigital left less than the required two miles from the City's eastern boundary to second billboard. Commissioner Bauer observed that the City effectively created the hardship by approving iDigital's sign. Lastly, the Planning Commission specifically found that the Proposed Sign location was consistent with the existing character of the property and, importantly, preserved alternative sites for anticipated redevelopment. iDigital has the burden of proof on this appeal of the variance unanimously granted to Kenjoh, including (1) that it has standing and is an "affected person" entitled to prosecute this appeal; and (2) that it has successfully rebutted the grounds for the variance that Kenjoh demonstrated to the unanimous satisfaction of the Planning Commission. iDigital has not done so. iDigital's appeal amounts to little more than dissatisfaction with the outcome of a competitive business process. Disappointment in losing a lawful opportunity is not a legitimate ground for City Council intervention. As a matter of law, third parties seeking to overturn an approved variance must show that the variance (i) violates applicable legal standards, (ii) adversely affects their property rights, or (iii) was granted through a procedurally defective process. None of those factors are present here, and there is no basis to disturb the Planning Commission's findings, which were made after a duly noticed public hearing. iDigital's appeal is legally deficient and should be denied. V. The City should Approve Kenjoh's CUP Application Because it Meets All Applicable Standards. The Planning Commission unanimously recommended approval of Kenjoh's conditional use permit application at its meeting on August 28, 2025 subject to a condition of approval agreed to by Kenjoh to submit an updated landscaping plan to City staff. The application was before the City Council on September 9, 2025, where it was tabled in light of iDigital's objections. Consideration of Kenjoh's conditional use permit application remains on the City Council's agenda for the meeting on October 14, 2025. There being no basis to overturn the variance decision and Kenjoh respectfully requests approval of its conditional use permit application. City Code Section 108-55(b)(7) provides that off -premises digital billboard signs are permitted conditional uses according to the procedures established in City Code Section 106-230. The City Council must approve conditional use permits upon a showing by an applicant that the standards and criteria of the zoning ordinance will be satisfied. Minnesota courts have consistently held that when a zoning ordinance specifies standards for granting a conditional use permit, and the applicant fully complies with those standards, the city council or governing body has no discretion to deny the permit. Zylka v. City of Crystal, 283 Minn. 192, 167 N.W.2d 45, (1969). Refusal to grant the permit in such cases is deemed arbitrary and subject to judicial intervention to compel the issuance of the permit. Here, Kenjoh's Proposed Sign satisfies all relevant standards and criteria of the zoning ordinance, and specifically all requirements of City Code Section 108-55 relating to off -premises digital billboard signs. The Proposed Sign will be erected in the Off -Premises Digital Billboard Sign Overlay District in accordance with City Code Section 108-55(b). Kenjoh's Proposed Sign complies with all regulations related to sign height, sign area, number of permitted signs in the City (three total) and distance spacing requirements (due to the variance approval). As noted in the City Staff Report provided to the Planning Commission and City Council, Kenjoh's Proposed