Billboard debt spurs Rochester mayor's latest veto

Aug. 3—ROCHESTER — Mayor Kim Norton's sixth veto seeks to reverse a Rochester City Council decision to allow a new billboard near a church along U.S. Highway 52.

The council voted 5-2 on July 24 to allow the billboard, overturning an earlier decision made by city staff and the city's zoning board of appeals.

"I was not satisfied that sound judicial judgment based on the law was utilized in identifying rationale for over-riding the prior decisions of city staff and the Zoning Board of Appeals," Norton wrote in announcing her decision to issue a veto.

Reagan Outdoor Advertising is seeking to construct a new one-sided billboard on property that houses a self-storage facility within 300 feet of Homestead Church, 3004 U.S. Highway 52. The city's unified development code does not allow a new billboard to exist that close to a church.

Reagan sought a variance, pointing to the need to relocate a billboard displaced by development in the area.

"There was a billboard here for 30-plus years," Reagan representative Nels Pierson told the council during a July 24 public hearing on the issue. "Not allowing that billboard to be replaced is what would alter the character of the neighborhood."

Pierson also pointed out that Homestead Church was not opposed to the sign.

Deputy Director of Public Works Ryan Yetzer said city staff believes the request does not meet expectations of the city code, which would require evidence of "practical difficulties" to approve a variance. He said allowing the change could open the city to more requests in the future.

Council member Shaun Palmer said he sees the need as unique and unlikely to spur added requests, and council member Mark Bransford said, since discussions about the potential sign relocation appeared to start before the church opened, a "practical difficulty" exists for the property owner working with Reagan.

Council President Brooke Carlson and council member Patrick Keane cast the opposing votes, citing agreement with staff and the board of appeals, which voted 4-0 to deny the variance.

Norton agreed the two earlier decisions carry weight, and raised concerns about questions the council decision could raise in the future.

"I fear that we not only put the city at risk legally, should the decision be challenged, but also are setting a disturbing precedent for future variance or other quasi-judicial decisions," she wrote in her veto message.

The council will be asked Monday whether it wants to attempt to override the mayor's veto. An override will require agreement of at least five council members.