HomeMy WebLinkAbout2018-01-09 CC Packet Enclosure t-1_J
Oak Park Heights
Request for Council Action
Meeting Date January 0,2018
Time Required: 5 Minutes
Agenda Item Title: First Presb -rian Church—C.••"tional Use Permit-6201 Os l ood Ave.
Agenda Placement New Business //
/
Originating Department/Reques.r - Orson Ci •dministrator
Requester's Signature
Action Requested Discussio 'ossible Action
Background/Justification(P1-.e indicate if any previous action has been taken or if other public
bodies have advised):
Please see the following from Scott Richards,City Planning Consultant
I. Planning Report dated December 6t1,2017
2. Recommending Resolution of the Planning Commission Unsigned
3. Proposed City Council Resolution
Page 35 of 74
Fi 3601 Thurston Avenue N, Suite 1001
Ariake, MN 65303
Phone: 763.231.5840
Facsimile: 763,427.0520
TPC@ PlanningCo,corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: December 6, 2017
RE: Oak Park Heights - First Presbyterian Church - Conditional Use
Permit and Variance Application for Signage -- 5201 Osgood
Avenue North
FILE NO: 236.02 -- 17.07
BACKGROUND
Warren Wasescha, representing First Presbyterian Church has made application for a
Conditional Use Permit and Variance application for Signage at 6201 Osgood Avenue.
The application consists of requests for a Conditional Use Permit to allow for number of
signs and aggregate square footage of sign area on site and Variance to allow for the
proposed setback to property line. The existing monument sign on Osgood Avenue
must be replaced to accommodate the additional right of way required by Washington
County as part of roadway improvements that are programmed in 2018.
Attached for reference:
Exhibit 1 : Location Map -- First Presbyterian Church
Exhibit 2: Sign Inventory - Wall and Existing Monument Signs
Exhibit 3: Project Narrative and Proposed South Sign
Exhibit 4: Graphic of Sign Lighting and Message Panel
Exhibit 5: North and South View of Sign
Exhibit 6: Proposed Materials
Exhibit 7: Sign Location Map
Exhibit 8: Proposed Changes to Existing North Sign
Exhibit 9: Proposed Temporary Sign
Exhibit 10: Landscape Plan
Exhibit 11 : Report of the City Arborist •- November 30, 2017
Page 36 of 74
ISSUES ANALYSIS
Project Narrative. Mr. Wasescha has provided the following narrative that is also
found within Exhibit 3.
In order to provide traffic and pedestrian safety, Washington County is widening Osgood
Avenue to add a center lane,right turn lane,and sidewalk in front of our church. While
good for safety,the project will take 15 feet of our front face to Osgood Avenue,leaving
only 13 feet of land between the new sidewalk and existing parking lot,less width than
our current sign takes now. We are asking for a variance to the current R-3 signage
ordinance to construct a new sign with similar sign square footage as the original, and
also a variance to the setback ordinance of 5 feet, due to the restricted size of the
remaining land. The new sign will be just under 8 feet wide,leaving approximately 2 Y
feet of space between the new sidewalk and the sign, and 2%feet of space between
our existing parking lot curb and the sign. The overall monument sign itself will be
significantly smaller, due to the removal of the two large pillars that exist today. The
sign with itself will shrink from the current 96-inch width to 88-inch width. Overall the
height of 6.67 feet will be similar to the existing monument sign height, and within
ordinance guidelines.
Comprehensive Plan. The Comprehensive Plan designates this area as quasi-public,
which includes churches,on the Proposed Land Use Map. The use of the property for a
church is consistent under this land use.
Zoning Ordinance. The property is zoned R-3, Multiple Family Residential in which
churches are a Conditional Use. The Applicant has applied for a Conditional Use
Permit to allow for number of signs and aggregate square footage of sign area on site
and Variance to allow for the proposed setback to property line. Review of the criteria
for Conditional Use Permits and Variances is found later in this report.
Signage. The R-3 District,in Section 401.15.G.8.b.allows for uses such as churches,
one monument sign, not to exceed eight feet in height and one wall sign. The
aggregate square footage of sign space shall not exceed 40 square feet. The church
signage was installed before the current sign regulations,and exceeds the allowances.
The inventory of current signage is as follows:
First Presbyterian Signage
Type of Sign Location Square
Footage
Monument Sign Osgood Avenue 32.5
Monument Sign 62nd Street North 25.8
Wall Sign West Side of Building 58.6
_Wall Sign West Side of Building 11.1
Total 128
2
Page 37 of 74
Conditional Use Permit
The proposed new sign is to replace the monument sign on Osgood Avenue. The new
sign will be built Into a substantially smaller support structure and the sign face will be
reduced from the existing 35.2 square feet to 34.2 square feet. There is no increase In
numbers of sign, just the replacement of the Osgood Avenue sign and replacement of
the sign face of the 62nd Street sign. With a total of four signs and 127 square feet of
signage with the replaced sign, a Conditional Use Permit is required. The height of the
new sign, at 6.6 square feet is less than the eight-foot height limit.
The sign regulations allow for exceptions in numbers of, height, or size of signs by
Conditional Use Permit.
Variance
Additionally, Section 401.15.G.4.m of the sign reguletions-states4haVNo part of a sign
or sign structure shall be placed closer to the property line than five (5) feet." The new
sign will be 2.5 feet from the property line/sidewalk and 2.5 feet from the edge of the
church's parking lot. The proposed sign is 7 feet 10 inches wide, and will be placed in
the 13 foot distance from the sidewalk and the curb of the parking lot. Washington
County has Indicated that the new right of way line will be adjacent to the sidewalk in
this section of roadway. A survey of the new property line has not been provided by the
County at this time. The Public Works Director has indicated that the City will maintain
this sidewalk and confirmed that the 2.5-foot setback would be adequate for sidewalk
snow clearing and maintenance purposes.
A variance is required to vary from the sign setback requirement.
Sign Illumination
The proposed sign will be a back lit LED with panels that are opaque except for lettering
and logos. The black letters will glow white at night and the logo will remain the same
color as daylight. The sign will have changeable message panels that will also be lit at
night. The proposed sign lighting, as presented, appears to comply with the Zoning
Ordinance lighting requirements. Staff will approve the lighting specifications for the
signs at the time of permitting.
Conditional Use Permit. The Planning Commission and City Council should consider
the following issues and impacts of the proposed project in making its recommendation.
The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning
Ordinance, are found as follows:
1. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
2. The conformity with present and future land uses in the area.
3. The environmental issues and geographic area involved.
3
Page 38 of 74
4. Whether the use will tend to or actually depreciate the area in which it is
proposed.
5. The impact on character of the surrounding area.
6. The demonstrated need for such use.
7. Traffic generation by the use in relation to capabilities of streets serving the
property.
8. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
9. The proposed use's conformity with all performance standards contained
herein (i.e.,parking, loading, noise, etc.).
Comment: The replacement of the monument sign should not create an issue for
neighboring properties and is a substantially smaller structure overall than what exists.
The sign will be placed far enough from the intersection of Osgood Avenue and 62nd
Street North that there will be no visibility issues at the intersection. The overall number
of signs onsite has not created issues for the neighborhood or the City. The request is
minor and not out of nature with other requests that have been granted to vary from the
sign regulations. City Staff sees no issues with the request as proposed.
Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park
Heights Zoning Ordinance. The Planning Commission and the City Council should
review the following criteria and conditions to determine if the sign variance is justified.
Review Criteria. The Planning Commission and City Council should make a finding of fact that
the proposed action will not:
a. Impair an adequate supply of light and air to adjacent property.
b. Unreasonably increase the congestion In the public street.
c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of
flood protection than the flood protection elevation for the particular area or permit
standards which are lower than those required by State law.
d. Increase the danger of fire or endanger the public safety.
e. Unreasonably diminish or impair established property values within the neighborhood, or
in any way be contrary to the intent of this Ordinance.
f. Violate the intent and purpose of the Comprehensive Plan.
g. Violate any of the terms or conditions of Item 5, below.
h. Conditions for Approval. A variance from the terms of this Ordinance shall not be
granted unless it can be demonstrated that:
a. Undue hardship will result If the variance is denied due to the existence of special
conditions and circumstances which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same
district.
1) Special cases may include exceptional topographic or water conditions or, in the
case of an existing lot or parcel of record, narrowness, shallowness, insufficient area
or shape of the property.
2) Undue hardship caused by the special conditions and circumstances may not be
solely economic in nature, if a reasonable use of the property exists under the terms
of this Title.
3) Special conditions and circumstances causing undue hardship shall not be a result of
lot size or building location when the lot qualifies as a buildable parcel.
4
Page 39 of 74
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
ordinance or deny the applicant the ability to put the property in question to a reasonable
use.
c. The special conditions and circumstances causing the undue hardship does not result
from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege that
is denied by this Ordinance to other lands, structure or buildings in the same district
under the same conditions.
e. The request Is not a result of non-conforming lands, structures or buildings in the same
district.
1. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the intended
purpose of the applicant.
h. The request does not create an Inconvenience to neighboring properties and uses.
Comment: The sign should not have any neighborhood impact and will not endanger
the public safety. The sign replacement has not been initiated by the Church, but is
required by Washington County to make roadway Improvements to Osgood Avenue.
The sign structure has been reduced substantially, and the sign face is smaller than the
existing sign. The Church has indicated that a sign of this size is necessary for visibility
along Osgood Avenue. The Public Works Director has Indicated there should be no
issues with maintaining the sidewalk with a 2.5-foot setback. The 2.5-foot setback on
the parking lot side is also necessary for maintenance purposes.
City Staff does not have an issue with allowing the sign setback variance.
CONCLUSION AND RECOMMENDATION
If the Planning Commission agrees to recommend the requests for the Conditional Use
Permit and Variances, they should consider the conditions that follow: City Staff
recommends the Conditional Use Permit and Variance request.
• Conditional Use Permit- To allow for a total of four signs where two are allowed
and an aggregate square footage of sign area on site of 127 square feet where a
maximum of 40 square feet are allowed.
• Variance—To allow a 2.5-foot setback where a five-foot setback is required from
the Osgood Avenue right of way.
1. The monument sign shall be placed no less than 2.5 feet from the right of way
line of Osgood Avenue. The Applicant provide an as built survey of the sign
once installed. The survey shall show the setback distances from the property
line to the sign and the parking lot curb to the sign.
2. The sign specifications and methods of illumination shall be subject to review and
approval of the City at the time of permitting.
5
Page 40 of 74
3. A landscape plan for the area around the new sign shall be subject to review and
approval of the City Arborist.
pc: Julie Hultman
6
Page 41 of 74
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Page 43 of 74
?4 3
First Presbyterian Church — Variance Request
In order to improve traffic and pedestrian safety, Washington County is widening Osgood Avenue to add a center lane, right turn lane, and
sidewalk in front of our church. While good for safety,the project will take 15 feet of our front face to Osgood Avenue, leaving only 13 feet of
land between the new sidewalk and existing parking lot, less width than our current sign takes now. We are asking for a variance to the current
R-3 signage ordinance to construct a new sign with similar sign square footage as the original, and also a variance to the setback ordinance of 5
feet, due to the restricted size of the remaining land. The new sign will be just under 8 feet wide, leaving approximately 2-1/2 feet of space
between the new sidewalk and the sign,and 2-1/2 feet of space between our existing parking lot curb and the sign. The overall monument sign
itself will be significantly smaller, due to the removal of the two large pillars that exist today. The sign width itself will shrink from the current
96"width to 88"width. Overall height of 6.67 feet will be similar to the existing monument sign height, and within ordinance guidelines.
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Q 35 �. 44. FIRST --�
4.3 °' PRESBYTERIAN
a c : u . t k; r :Sgt., CHURCH
to
O *' �� �\r• ri r •
to c mow.** u ,� x zs~ WORSHIP 9•
.30 SUNDAY
a a _.
of � __ ..
widt
_ h rnss area:,t 60��;rcr..;vprove1 by city had chudrarr 4B"width - o `
� 32" -
O nt .rid tansideredpart of prandfathpred Sipa since. ! " — — 22' - -.6 201
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14' 8" feet 7' 10" width
v RECEIVED NOV 1 I WI
07
CD
CD
A
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V
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View-Approach from North
Sign will be backlit LED. Panels are opaque except
for lettering and logos
‘t. White background has black letters that glow white at
FIRST night. Logos illuminate In same color as daylight
P RES BYTE RIAN - Black bronze background has white letters that glow white
CHURCH
at night.
WORSHIP 9:30 SUNDAY Sign is designed to have the option of sliding in one of eight
messages where"WORSHIP 9:30 SUNDAY" panel is. These
•
=± ^ �� - - alternative messages to "WORSHIP 9:30 SUNDAY"fit within
the sign size and result in a more attractive alternative to
hanging vinyl banners over the stone pillars as is done now.
_- 01- Here are four examples:
CHRISTMAS EVE WORSHIP SERVICES-
5:30 9:00 & MIDNIGHT
FIRST EASTER WORSHIP
PILESIVYTERIAN SUN 9:00& 10:30
titlRC11
AL7ERNRITIVEG1FrMARKET SUMMER BIBLE SCHOOL 1'WEEK OF JULY
SAT 10-4 SUN 11-2
ALTERNATIVE GIFT MARKET
.: ` 6281
SAT 10-4 SUN 11-2
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Page 46 of 74
Proposed Materials for First Presbyterian Church New Monument Sign
Backlit Upper Sign Panel
White Opaque Painted Metal Panel
with Laser Cuts for Lettering & Logos
Backlit Lower Sign Panel
Matches bronze black cladding on church
• Monument Base— Natural Stone
Fond du Lac Cambrian Blend
,: '. Hedberg Landscape Supply
fM�y .'1' � ��l jM; ice.
?..- ,' . Per ordinance takes warmth cues from church structure
r —-f. .< - - while blending in with organic nature of rain gardens in
F ' .� ,-- � parking lot
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Avenue Right Turn Lane ',
Sidewalk Sidewalk
Old 14.67' wide 14151
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New wide
ij '.�r-. ; . . - monument sign _
monument sign + ' ' \.,),, .
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. 1 ,- Design plan for church frontage and north sign pending
;.# atn..Al�.rharrisl� . ery. This is just a_ early ccr�ce��t
- •
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First Presbyterian Church - Proposed North Monument Sign Changes
As suggested in discussions with city,we will"refresh"the north sign along 62nd Street,keeping within the
existing footprint that now exists. We will also landscape around the existing monument sign per city
ordinance. Sign will be high quality laser cut composite to be consistent with newer sign ordinance guidance.
FIRST PRESBYTERIAN CHURCH
WORSHIP 9 30 1 FIRST
PRESBYTERIAN 44
sq Ft,` • CHURCH Sq.Ft.
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Landscape Plan f_ _Monument Sign
Pending from
Abrahamson's
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Page 50 of 74
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Page 51 01 74
',i: CitY of Oak Park Heights
14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric Johnson,City Administrator
Cc: Scott Richards,City Planner,Julie Hultman,Building Official
From: Lisa Danielson,Arborist
Dart= 11/30/2017
R. First Presbyterian Church of Stillwater Landscape Plan Review
I have reviewed the landscape plan submitted dated 11/20/17 from Abrahamson Nurseries for
the First Presbyterian Church of Stillwater. The following Includes my comments and/or
recommendations:
Landscape Plan
The overall landscape plan submitted Includes a satisfactory selection of shade trees, shrubs,
perennials and grasses to be planted. The design is acceptable and will complement the site
well. Most plants chosen are hardy under local growing conditions, tolerant or resistant to
major insect and disease problems and fairly low maintenance.
I would however like to make a recommendation in regards to substituting the trees on the
plan. The Autumn Blaze Maple is a tree that can be fast growing and is a large shade tree. In
this area there are overhead utility lines, a sidewalk that will require maintenance with snow
removal equipment and also traffic visibility from the road and your parking lot in which large
trees can obstruct,therefore I would like to recommend substituting the Autumn Blaze Maples
with an ornamental tree species such as a Japanese lilac 'Ivory Silk' or a scab resistant
variety of crabapple such as Malus'Prairifire'crabapple and/or Malus'Royal Raindrops'.
Plant List, Landscape Notes & Details
The Plant Schedule/Plant List was not submitted.This must include Plant Names(Common &
Botanical), Plant Quantities to be planted, Root Condition/Containter Class, and Size. A plant
legend should also be included on the plant and in the Plant Schedule/Plant List. The
landscaping notes, landscape requirements and planting details were not submitted. These
items must be submitted. The planting detail for trees, shrub and perennial plants, and steel
edging must also include a diagram for each. The landscape contractor is required to plant
TREE CITY U.S.A.
Page 52 of 74
trees and shrubs according to the final approved planting detail submitted with the final
approved landscape plan. This will be checked after planting and any deviations from the
plan will need to be corrected before the landscaping will be approved by the City, this needs
to be noted in the final plans. The (A.N.S.I.) American Standards for Nursery Stock Z60
should also be followed and noted in the landscaping notes.
Please contact me if you have any questions regarding this landscape plan review. Please
forward my comments to the development team for this project.
2
TREE CITY U.S.A.
Page 53 of 74
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST FROM FIRST PRESBYTERIAN CHURCH,TO ALLOW
A CONDITIONAL USE PERMIT FOR NUMBER OF SIGNS AND
AGGREGATE SQUARE FOOTAGE OF SIGN AREA ON SITE,AND
VARIANCE TO ALLOW FOR A PROPOSED SETBACK TO THE
PROPERTY LINE,LOCATED AT 6201 OSGOOD AVENUE
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from First Presbyterian
Church to allow a Conditional Use Permit for number of signs and aggregate square
footage of sign area on site,and Variance to allow for a proposed setback to the property
line,located at 6201 Osgood Avenue;and after having conducted a public hearing
relative thereto,the Planning Commission of Oak Park Heights makes the following
findings of fact:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-3 Multiple Family Residential District in which
churches are a conditional use;and
4. The site is allowed one monument sign,not to exceed eight feet in height
and one wall sign,with the aggregate square footage of sign space on site not to exceed
40 square feet. The site currently has two monument signs and two wall signs with an
aggregate square footage of 128 square feet;and
Page 54 of 74
5. Section 401.15.G.4.m of the sign regulations require a five-foot setback
from the property line for a sign and the sign structure; and
6. The existing monument sign on Osgood Avenue must be replaced to
accommodate additional right of way required by Washington County as part of roadway
improvements that are programmed in 2018; and
7. The Applicant has proposed a new monument sign on Osgood Avenue
that has a sign face of 34.2 square feet, a reduction from 35.2 square feet and set on a
smaller support structure than what exists; and
8. The Applicant has proposed to replace the sign face of the existing
monument sign on 62nd Street with a sign face of the same size; and
9. A Conditional Use Permit is required to vary from the number of signs
and allowable sign area for the site; and
10. A Variance is required to vary from the setback to the property line on
Osgood Avenue; and
11. City staff prepared a planning report dated December 6, 2017 reviewing
the request; and
12. Said report recommended approval of the request, based upon a review of
the Conditional Use Permit criteria found in Section 401.03.A.7, and Variance criteria
found in Section 401.04 of the Zoning Ordinance, as well as the fulfillment of conditions;
and
13. The Planning Commission held a public hearing at their December 14,
2017 meeting, took comments from the Applicants and public, closed the public hearing,
and made the following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by First Presbyterian Church to allow a Conditional
Use Permit for number of signs and aggregate square footage of sign area on site, and
Variance to allow for a proposed setback to the property line, located at 6201 Osgood
Avenue and affecting the real property as follows:
SEE ATTACHMENT A
The Planning Commission recommends to the City Council of the City of Oak Park
Heights approval of the Conditional Use Permit and Variance subject to the following
findings of fact:
2
Page 55 of 74
1. The Conditional Use Permit Criteria in Section 401.03.A.7 of the Zoning
Ordinance have been reviewed and it has been determined by the Planning
Commission that the number of signs and aggregate square footage of sign
area on site is justified.
2. The Variance criteria in Section 401.04 of the Zoning Ordinance have
been reviewed and it has been determined by the Planning Commission
that the proposed setback is justified.
3. The hardship is created by the additional right of way needed to
accommodate roadway improvements planned by Washington County.
There will be limited area to maintain a sign and accommodate adequate
distance from the Osgood Avenue sidewalk and the parking lot of the
church.
4. The sign will not have neighborhood impact and is a substantially smaller
structure and the overall amount of signage is less than what exists.
5. The overall number of signs has existed and will not increase with this
application.
The Planning Commission recommended the following subject to the conditions as
follows:
Conditional Use Permit:
To allow a total of four signs and 127 square feet of signage where two signs and 40
square feet of signage is allowed.
Variance:
To allow a setback of 2.5 feet or greater from the right of way of Osgood Avenue where a
five-foot setback is required.
Conditions:
1. The monument sign shall be placed no less than 2.5 feet from the right of
way line of Osgood Avenue. The Applicant provide an as built survey of
the sign once installed. The survey shall show the setback distances from
the property line to the sign and the parking lot curb to the sign.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City at the time of permitting.
3. A landscape plan for the area around the new sign shall be subject to
review and approval of the City Arborist.
3
Page 56 of 74
Recommended by the Planning Commission of the City of Oak Park Heights this 14th day
of December 2017.
Jim Kremer,Chair
ATTEST:
Eric A.Johnson,City Administrator
4
Page 57 of 74
ATTACHMENT A
Conditional Use Permit
For Number of Signs
&Aggregate Square Footage of Sign Area on Site
And
Variance
For 2.5-Foot Property Line Setback
For Sign Structure Placement at Osgood Ave. N.
First Presbyterian Church
Washington County Property ID: 33.030.20.44.0006
Legal Description: Lots 1-30, Block 2 and part vac.Hubert St.Adj.Lots 16-30
McMillann& Cooleys Addition.
Physical Address: 6201 Osgood Avenue,N.
Page 58 of 74
ATTACHMENT B
,'.
Conditional Use Permit
For Number of Signs
&Aggregate Square Footage of Sign Area on Site
And
Variance
For 2.5-Foot Property Line Setback
For Sign Structure Placement at Osgood Ave.N.
First Presbyterian Church
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review& Recommendation: December 14, 2017
Conditional Use Permit -Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request,the conditional use permit shall become null and void twelve(12)months after the
date of approval,unless the property owner or applicant has substantially started the construction
of any building,structure, addition or alteration,or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty(30)days before the expiration of said approval.
(401.03.C.4.a and b)
Variance—Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the variance shall become null and void twelve (12)months after the date of
approval,unless the property owner or applicant has substantially started the construction of any
building structure, addition or alteration,or use requested as part of this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty(30)days before the expiration of said approval.
(401.4.0 .1 —401.4.C.2)
Page 59 of 74
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST FROM FIRST PRESBYTERIAN CHURCH, TO ALLOW
A CONDITIONAL USE PERMIT FOR NUMBER OF SIGNS AND
AGGREGATE SQUARE FOOTAGE OF SIGN AREA ON SITE,AND
VARIANCE TO ALLOW FOR A PROPOSED SETBACK TO THE
PROPERTY LINE, LOCATED AT 6201 OSGOOD AVENUE BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from First Presbyterian
Church to allow a Conditional Use Permit for number of signs and aggregate square
footage of sign area on site, and Variance to allow for a proposed setback to the property
line,located at 6201 Osgood Avenue;and after having conducted a public hearing
relative thereto,the Planning Commission of Oak Park Heights recommended the request
with conditions. The City Council of the City of Oak Park Heights makes the following
findings of fact and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-3 Multiple Family Residential District in which
churches are a conditional use;and
4. The site is allowed one monument sign,not to exceed eight feet in height
and one wall sign,with the aggregate square footage of sign space on site not to exceed
40 square feet. The site currently has two monument signs and two wall signs with an
aggregate square footage of 128 square feet; and
Page 60 of 74
5. Section 401.15.G.4.m of the sign regulations require a five-foot setback
from the property line for a sign and the sign structure; and
6. The existing monument sign on Osgood Avenue must be replaced to
accommodate additional right of way required by Washington County as part of roadway
improvements that are programmed in 2018; and
7. The Applicant has proposed a new monument sign on Osgood Avenue
that has a sign face of 34.2 square feet,a reduction from 35.2 square feet and set on a
smaller support structure than what exists; and
8. The Applicant has proposed to replace the sign face of the existing
monument sign on 62nd Street with a sign face of the same size; and
9. A Conditional Use Permit is required to vary from the number of signs
and allowable sign area for the site; and
10. A Variance is required to vary from the setback to the property line on
Osgood Avenue; and
11. City staff prepared a planning report dated December 6,2017 reviewing
the request; and
12. Said report recommended approval of the request,based upon a review of
the Conditional Use Permit criteria found in Section 401.03.A.7,and Variance criteria
found in Section 401.04 of the Zoning Ordinance, as well as the fulfillment of conditions;
and
13. The Planning Commission held a public hearing at their December 14,
2017 meeting, took comments from the Applicants and public, closed the public hearing,
and recommended approval of the application subject to conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by First Presbyterian Church to allow a Conditional
Use Permit for number of signs and aggregate square footage of sign area on site, and
Variance to allow for a proposed setback to the property line,located at 6201 Osgood
Avenue and affecting the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approves the Conditional Use Permit
and Variance subject to the following findings of fact:
2
Page 61 of 74
1. The Conditional Use Permit Criteria in Section 401.03.A.7 of the Zoning
Ordinance have been reviewed and it has been determined by the Planning
Commission and City Council that the number of signs and aggregate
square footage of sign area on site is justified.
2. The Variance criteria in Section 401.04 of the Zoning Ordinance have
been reviewed and it has been determined by the Planning Commission
and City Council that the proposed setback is justified.
3. The hardship is created by the additional right of way needed to
accommodate roadway improvements planned by Washington County.
There will be limited area to maintain a sign and accommodate adequate
distance from the Osgood Avenue sidewalk and the parking lot of the
church.
4. The sign will not have neighborhood impact and is a substantially smaller
structure and the overall amount of signage is less than what exists.
5. The overall number of signs has existed and will not increase with this
application.
The City Council approves the following subject to the conditions as follows:
Conditional Use Permit:
To allow a total of four signs and 127 square feet of signage where two signs and 40
square feet of signage is allowed.
Variance:
To allow a setback of 2.5 feet or greater from the right of way of Osgood Avenue where a
five-foot setback is required.
Conditions:
1. The monument sign shall be placed no less than 2.5 feet from the right of
way line of Osgood Avenue. The Applicant provide an as built survey of
the sign once installed. The survey shall show the setback distances from
the property line to the sign and the parking lot curb to the sign.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City at the time of permitting.
3. A landscape plan for the area around the new sign shall be subject to
review and approval of the City Arborist.
3
Page 62 of 74
Approved by the City Council of the City of Oak Park Heights this 9th day of January
2017.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
4
Page 63 of 74
ATTACHMENT A
3•�� � T
Conditional Use Permit
For Number of Signs
&Aggregate Square Footage of Sign Area on Site
And
Variance
For 2.5-Foot Property Line Setback
For Sign Structure Placement at Osgood Ave.N.
First Presbyterian Church
Washington County Property ID: 33.030.20.44.0006
Legal Description: Lots 1-30, Block 2 and part vac.Hubert St. Adj. Lots 16-30
McMillann&Cooleys Addition.
Physical Address: 6201 Osgood Avenue,N.
Page 64 of 74
ATTACHMENT B
Conditional Use Permit
For Number of Signs
&Aggregate Square Footage of Sign Area on Site
And
Variance
For 2.5-Foot Property Line Setback
For Sign Structure Placement at Osgood Ave.N.
First Presbyterian Church
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review&Recommendation: December 14,2017
Conditional Use Permit -Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request,the conditional use permit shall become null and void twelve(12)months after the
date of approval,unless the property owner or applicant has substantially started the construction
of any building,structure,addition or alteration,or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty(30)days before the expiration of said approval.
(401.03.C.4.a and b)
Variance—Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request,the variance shall become null and void twelve(12)months after the date of
approval,unless the property owner or applicant has substantially started the construction of any
building structure,addition or alteration,or use requested as part of this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty(30)days before the expiration of said approval.
(401.4.0.1—401.4.C.2)
Page 65 of 74