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Memorializing City Council action taken on October 20, 2010 denying the appeal of John Bodger, on behalf of CBS Outdoor, Inc. to receive a variance in order to allow a billboard located at 260 Commercial Street to continue operating with a digital display.
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WHEREAS, on August 26, 2010, John Bodger, on behalf of CBS Outdoor, Inc., (hereinafter CBS), sought review of an Enforcement Notice issued by the Department of Safety and Inspections (hereinafter, DSI) on August 19, 2010, in which the Citys zoning administrator ordered that the billboard located at 260 Commercial Street (City Reference Number 426), which originally had changeable face copies and was subsequently modified to a billboard with digital displays without following the billboard conversion procedures set forth under Leg. Code § 64.302(b)(4), be de-converted no later than Thursday, September 2, 2010; and
WHEREAS, in its August 26, 2010 application, CBS sought a variance to allow the said billboard to continue to operate with the digital display; however, the matter was duly processed as an administrative appeal pursuant to Leg. Code § 61.701(d) and assigned DSI-Zoning File No. 10-797430; and
WHEREAS, on September 20, 2010, pursuant to Legislative Code § 64.701(a), the Saint Paul Board of Zoning Appeals, (hereinafter, BZA), upon written notice, duly conducted a public hearing on the matter where all persons interested were given an opportunity to be heard; and
WHEREAS, at the conclusion of the September 20, 2010 public hearing, the BZA, based upon all the files, records, testimony and the report of staff, denied the request by CBS Outdoor, Inc., based upon the following reasons as set forth in BZA Resolution No. 10-797430 dated September 20, 2010:
1. Dayton Holding, Inc. owns the referenced property and CBS Outdoor is the lessee and owner of the subject billboard. No new billboards are allowed in the City of Saint Paul and the existing billboards are legal nonconforming uses. On Decemb...
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