HomeMy WebLinkAbout2018-04-17 WC Recorded Document #4150920 - CUP & Variance Receipt:#394189 4150920
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Suite 202 Certified Filed and/or recorded on:
Provo UT 84604 4/17/2018 9:49 AM
4150920
Office of the County Recorder
Washington County,Minnesota
Jennifer Wagenius,County Recorder
i
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Conditional Use Permit
and
Variance
For
First Presbyterian Church
6201 Osgood Ave. N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 11th day of April.
2018.
Eric Jo son
City dministrator
•
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
AND VARIANCE
FOR
FIRST PRESBYTERIAN CHURCH
6201 Osgood Ave
OAK PARK HEIGHTS MINNESOTA
Planners File No.236.02-17.07 Date Issued:January 9,2018
Legal Description: (Washington County Geo.Code:33.030.20.44.0006)
See Attached Exhibit"A"
Owner:First Presbyterian Church
Applicant:same
Site Address:6201 Osgood Ave
Present Zoning District:R-3,Multiple family Residential District
Conditional use required as set forth in Ordinance Chapter 401 Section 401.15 G.4.
I. VARIANCE AND CONDITIONAL USE PERMITS:
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.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.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 to occur in 2018.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.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.A Conditional Use Permit is
required to vary from the number of signs and allowable sign area for the site.A Variance is required to vary
from the setback to the property line on Osgood Avenue.
1 of 23
ti
The application submitted by First Presbyterian Church seeks 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 EXHIBIT A
The City Council of the City of Oak Park Heights approves the Conditional Use Permit and Variance subject to
the following:
All Conditional uses and the Variance shall be subject to the following conditions and/or restrictions imposed by the
January 9, 2018 Resolution of the City Council of the City of Oak Park Heights 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 provides 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.
III. Reference Attachment:
The reports of the City Planner dated December 6, 2017 and site plan approved by the City Council are
annexed hereto by reference.
IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by the
City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the
site for a period of 12 continuous months shall constitute abandonment and void the permit.
V. Annual review: An annual review is not imposed as a condition of this permit.
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IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK P_ ' HEIGHTS
111
Date: By .1., iw A
I'
IarycComb
Mayor
Date: 3 30 g By ,..,
7ohnson
' Administrator
FIR T PRESBYTERIAN CHURCH
Date:MOJ' I7> Da($ By Coder •wzr` _<10"
Its: poky{-ate
3 of 23
EXHIBIT"A"
LEGAL DESCRIPTION
LOTS 1 THROUGH 30,BLOCK 2 AND PART OF THE VACATED HUBERT STREET
ADJACENT TO LOTS 1 THROUGH 30,MCMILLAN AND COOLEYS ADDITION,AS PLATTED
AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR WASHINGTON
COUNTY MINNESOTA
4 of 23
r
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
5 of 23
TPC3601 Thurston Avenue N.Suite 100 _
Anoka.MN 55303 IRF
Phone:763.231.5840
Facsimile:763.427.0520
TPCCPIanningCo.cnm
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—6201 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
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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
feet of space between the new sidewalk and the sign, and 2 Y2 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 r West Side of Building 11 .1
Total 128
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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 regulations states that"No 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
8 of 23
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
9 of 23
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.
f. 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
10 of 23
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
11 of 23
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F43
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 24/2 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.
a4 .2
34 --_______
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= .. Sq. Ft. ------, V
COCU u
dd" 411 ---
. .._._ _ FIRS T
CL 35.2 PRESBYTERIAN
Q °C / Sq. Ft.
' ' ' CHURCH
o N %. \ LL _
o .-' " AN!hnr 4,`.`.`•v+-. 1, is WORSHIP 9:30 SUNDAY
VN °crane �% . ran, 9 411O E , . , rhnu 11 2"• 7
D 32"width This area of sign when approved oy city had childcare 48"width '
0 — sign and considered part of grandfathered sign space. _ 2�, �
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2
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14' 8" feet 7' 10" width
A
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w RECEIVED NOV 1 t 2017
Cif 4-
View-Approach from North
Sign will be backlit LED. Panels are opaque except
for lettering and logos
- White background has black letters that glow white at
F I RST night. Logos illuminate in same color as daylight
PRESBYTERIAN - 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
w- hanging vinyl banners over the stone pillars as is done now.
Here are four examples:
CHRISTMAS EVE WORSHIP SERVICES
5:30 9:00 & MIDNIGHT
F
I RSEASTER WORSHIP
PRESBYTERIAN SUN 9:00& 10:30
C...H U RC I"i
ALTERNATIVE GIFT MARKET SUMMER BIBLE SCHOOL 1ST WEEK OF JULY
SAT 10-4 SUN 11-2
'^^ - ALTERNATIVE GIFT MARKET
SAT 10-4 SUN 11-2
o_
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View-Approach from North View-Approach from South
FIRST FIRST -
PRESBYTERIAN PRESBYTERIAN
CHURCH CHURCH
WORSHIP 9:30 SUNDAY WORSHIP 9:30 SUNDAY
- 6201 6201
0
VOW
FI
o�S
0
z
FIRST PRESBYTERIAN PRESBYTERIAN
CHURCH CHURCH
WORSHIP 9:30 SUNDAY WORSHIP 9:30 SUNDAY
6201 6201
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
it- • Fond du Lac Cambrian Blend
Hedberg Landscape Supply
_ r
Per ordinance takes warmth cues from church structure
-•• while blending in with organic nature of rain gardens in
_ _ - parking lot
4.
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Zg
• : ood Avenue Right Turn Lane ,
r t,
Sidewalk Sidewalk
Old 14.67' wide - 'S
New 8' wide
a) monument sign ew
4-- monument sign -
rn
1-1
ICAO
i war
V) Monument sign will be landscaped per ordinance.
%" Design plan for church frontage and north sign pending
from Abrahamson Nursery. This is just an early concept
• Rain Gardens ;) Rain Garde • •
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F r Rain Gardens:. Rain Gardens
F a.
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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 ` FIRST
24 , ,.• PRESBYTERIAN24
Sq. Ft. CHURCH Sq. Ft.
..,fit 4.Larnomme NAN OMAN="4,
ler
Landscape Plan Monument Sign
Pending from
Abrahamson's
Nursery
0
W
E! 9
A 8' by 4' Temporary Sign is Planned During Construction
F 1 RST
PRESBYTERIAN
CHURCH
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21 of-23
11
City of Oak Park Heights
14168 Oak Park Blvd N•Boa 2007.Oak Park H<ighir.81N 55082•Phone 16511439-4439•Fax 439-0574
Memorandum
To: Eric Johnson,City Administrator
Cc: Scott Richards,City Planner,Julie Hultman,Building Official
From:Lisa Danielson,Arborist
Date: 11/30/2017
Re: 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 Ma/us'Prairifire'crabapple and/or Ma/us'Royal Raindrops'.
Plant List,Landscape Notes 8 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
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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.
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