HomeMy WebLinkAbout2018-07-24 CC Meeting Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date July 24th,2018
Time Required: 10 Minutes
Agenda Item Title: Consideration of Joseph's Resta t—Freestanding Sign Variance and
Conditional Use Permit- 1460 street N.
Agenda Placement New Business
Originating Department/Requestor }��son, ity Administrator
Requester's Signature
Action Requested Dis sion,Possible Action
Background/Justification(Please indicate ' any previous action has been taken or if other public
bodies have advised):
Please see the following from Scott Ric City Planning Consultant
1. Planning Report dated July 5th, 118
2. Recommending Resolution of thPlanning Commission—Unsigned
3. Proposed City Council Resolution
Page 147 of 208
3601 Thurston Avenue hu,Suite- 100 � ��
TP Anoka, MN 66303
Phone:763.231.6840
Facsimile: 763.427.0520
TPC@PlanningCc.corn
PLANNING REPOR1
TO: Eric Johnson
FROM: Scott Richards
DATE: July 5, 2018
RE: Oak Park Heights — Joseph's Restaurant — Freestanding Sign
Variance and Conditional Use Permit— 14608 60th Street North
TPC FILE: 236.02— 18.04
BACKGROUND
Joseph Kohler has made application for a Variance and Conditional Use Permit to allow
for a changeable copy sign that exceeds the allowable 35 percent of sign area for the
Joseph's Restaurant at 14608 60th Street North. The changeable copy sign will re lace
the existing reader board sign on the freestanding Joseph's Restaurant sign. p
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Applicant's Narrative (6/11/18 and 6/29/18)
Exhibit 2: Existing Sign Picture with Previously Proposed Sign (Drawing 5)
Exhibit 3: Existing Sign Picture
Exhibit 4: Joseph's Restaurant Site Plan
PROJECT DESCRIPTION
The applicant's narrative for the project is found as Exhibit 1.
I, Joseph Kohler, owner of Joseph's Restaurant would like to change out my old(1970)
reder board with a new LED board.
The old board is 40 square feet. The new one is 37.9 square feet.
Staff narrative: The original application requested
the resignage on the freestanding sign to an LED sign that would hav beent4ftf8ti�n x 9fexisting
Page 148 of 208
The new sign would have replaced the existing Joseph's Restaurant and Bar sign and
the changeable letter sign. Mr. Kohler has revised his request to leave the existing
Joseph's Restaurant and Bar sign and just replace the existing reader '.•and sign with
an LED sign.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. The continued use of the site as a restaurant is consistent with the
Comprehensive Plan.
Zoning. The property is zoned B-2 General Business District. Restaurants are a
permitted use in the B-2 Limited Business District. While the sign is grandfathered,
changes to the sign will require a Variance and Conditional Use Permit to change out
the reader board to an electronic message board sign.
Signage.
The existing freestanding sign is 24.5 feet in height. The Joseph's Restaurant and bar
sign at the top is 70 square feet, while the reader board sign is 40 square feet. The sign
regulations allow an 18-foot sign and a sign size of 80 square feet. As indicated, the
height of the sign and the sign square footage is grandfathered and allowed to remain if
the signs are not replaced.
The Applicant is now proposing to allow the Joseph's Restaurant sign to remain and
replace the reader board to an LED of 37.9 square feet. The new electronic message
board sign must be in compliance with Section 401.15.G.10.a. of the Zoning Ordinance.
The changeable copy portion of the sign shall not occupy more than 35 percent of the
actual copy and graphic area of the sign. If the allowable signage in the B-2 District is
80 square foot, 35 percent would be 28 square feet for the maximum size of the
electronic message board. This request shall require review of a Variance to allow the
proposed electronic sign area as well as a Conditional Use Permit to allow the proposed
total signage area of 107.9 square feet. Section 401.15.G.16 of the sign regulations
provihs criteria for review of Variances. That review is as follows:
f) That particular physical surrounding, shape, or topographical conditions of the
specific parcel of land involved exist.
Comment: There are no obstructions to the visibility of this property or the
existing sign location. The Applicant has indicated that a 28 square foot
electronic message board would not be highly visible along the Highway 36
corridor.
2�
That the condition involved is unique to the particular parcel of land involved.
Comment: 'here is nothing unique to this par'c%cular parcel of land. It is not
within the Destination Retail Highway Sign District that makes allowances for
2
Page 149 of 208
properties impacted by the intersection of Highways 36 and 5. Stillwater Motors
has been provided this allowance in that they are within the Destination Retail
Sign District and agreed to reduce the amount of special event signage in
exchange for the electronic message boards.
3) That the purpose of the variation is not based exclusively upon a desire to
increase the value of income potential of the business involved.
Comment: The applicant has indicated that the purpose is to provide an
electronic sign face large enough to accommodate their desired message. The
proposed electronic message board (37.9 sq ft) is slightly smaller than the
existing reader board (40 sq ft).
4) That the alleged difficulty or hardship is caused by this Ordinance and has not
been created by any persons presently having an interest in the parcel.
Comment: This is an existing grandfathered sign in which the Applicant chooses
to use portions of the old sign and replace another portion with new technology.
If this had been a totally new sign request, there would be no justification to allow
signage beyond the parameters of the ordinance.
5) That the granting of the variation will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
Comment: The variation will not be detrimental to the public or the
neighborhood.
6) That the proposed variation will not impair an adequate supply of light and air
to adjacent property, or substantially increase the congestion of the public streets
or interfere with the function of the Police and Fire Departments of the City.
Comment: The request will not have an impact on air and light to adjacent
properties and will not interfere with public streets.
For the reasons listed above, Staff would support the Variance and Conditional Use
Permit for replacement of the reader board with the electronic message board.
Signage Illumination. The sign will be required to comply with the Zoning Ordinance
lighting requirements. Staff will approve the lighting specifications for the signs at the
time of permitting.
CONCLUSION/RECOMMENDATION
Subject to the preceding review, City Staff recommends approval of the Variance and
Conditional Use Permit for the requests to allow the proposed electronic sign area as
well as the proposed total signage area of 107.9 square feet subject to the conditions
that follow:
3
Page 150 of 208
1. The proposed electronic message board shall not be more than 40 square feet in
size.
2. Ali signs shall be designed to comply with the Zoning Ordinance requirements for
internal illumination.
pc: Julie Hultman
4
Page 151 of 208
I
To the City council of Oak Park Heights
I, Joseph Kohler would like to make an upgrade at
Pg my 44-year-old
business. i have had a reader board sign for ever. This board is up high
and someone needs to climb a ladder to change the letterstwice twice a day.
It's dangerous. It's old fashioned and basicallyugly. •
4This new electronic
sign (like the one at Stillwater Motors, Pizza Ranch, the v.f.
w.) would be
a great improvement The old
sign makes Josephs look old and
outdated. So here are a few points why I need this updated sign.
gn.
1. Show our ever-changing products.
2 Enhance communication to ourg guest.
. Add Relevant information on the City, County, traffic,
� weather.....
4. Influence buyer's decisions with updated products.
5. Upgrade, new technology make us a better business.
6. Upgraded sign means updated look.
I would like to thank everyone for readingmy reasons for this
� updated
sign and upgraded look at Josephs. We can change howg rent this
community is one step at a time. This is progress for Josehs and a
p nice
clean look for our C ty of Oak Park Heights.
Thank you
Joe Kohler
Josephs
. Y /b
Page 152 of 208
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Page 156 of 208
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO 1'HE CITY COUNCIL THAT THE
REQUEST BY JOSEPH'S RESTAURANT FOR A SIGN VARIANCE
AND CONDITIONAL USE PERMIT AT 14608 60TH STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Joseph's
Restaurant to allow for a Variance for a changeable copy sign that exceeds the allowable
35 percent of sign area and a Conditional Use Permit to allow the overall total signage
area of the freestanding sign at 14608 60th Street North;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 B-2 General Business District in which restaurants
are a permitted use;and
4. The existing freestanding sign on the subject site is grandfathered but
changes to the sign will require a Variance and Conditional Use Permit to change the
reader board to an electronic message board;and
5. The Applicant has requested the Joseph's Restaurant Sign to remain at the
top of the pylons,but to replace the existing 40 square foot reader board sign with a
changeable copy LED sign of 37.9 square feet;and
Page 157 of 208
6. The changeable copy LED sign shall not occupy more than 35 percent of
the overall allowable sign area which would limit the proposed sign to 28 square feet; and
7. A Variance is required to allow the changeable copy LED sign to exceed
the 35 percent requirement and a Conditional Use Permit to allow a total signage area of
107.9 square feet where the limit would be 80 square feet; and
8. City staff prepared a planning report dated July 5,2018 reviewing the
request; and
9. Said report recommended approval of the Variance and Conditional Use
Permit requests subject to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their July 12,2018
meeting,took comments from the public, and recommended approval of the application
subject to conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMIVIISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Joseph's Restaurant to allow a Variance for a
changeable copy sign that exceeds the allowable 35 percent of sign area and a
Conditional Use Permit to allow the overall total signage area of the freestanding sign of
108 square feet at 14608 60th Street North shall be approved 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 sign Variance and Conditional Use Permit subject to the
following findings of fact:
1. The Variance criteria in Section 401.04 and 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
request is justified.
2. The existing freestanding sign on the subject site is grandfathered and the
overall square footage of signage will be reduced with this application.
3. The proposed changeable copy LED sign will ensure visibility and
identification of the business from both east and west bound traffic on
Highway 36.
2
Page 158 of 208
The Planning Commission recommended the application subject to the conditions as
follows:
1 . The proposed electronic message board shall not be more than 40 square
feet in size.
2. All signs shall be designed to comply with the Zoning Ordinance
requirements for internal illumination.
Recommended by the Planning Commission of the City of Oak Park Heights this 12th day
of July 2018.
Timothy Freeman, Chair
ATTEST:
Eric A Johnsons City Administrator
3
Page 159 of 208
ATTACHMENT A
41411.
Variance& Conditional Use Permit
Allowing Electronic Changeable Copy Sign
Total Sign Area of 107.9 Square Feet
To Existing Sign Structure
Joseph's Restaurant
14608 60th St.N.
Washington County Property ID: 33.030.20.43.045
Legal Description: PT OF BLKS 6 &7 DESC AS COM ON THE N R/W LINE OF
MN T.H. 212 DIST OF 425FT E OF W LINE OF BLK 7 THEN N
PARL WITH THEW LINE OF BLKS 6 &7 A DIST OF 300 FT
TO A PT THEN E PALR WITH N R/W LINE OF MN T.H. 212
DIST OF 105FT TO A PT THEN S PARL WITH THE W LINE
OF BLKS 6&7 TO THE NORTH R/W LINE OF MINN T.H.
212 A DIS OF 300 FT THEN WEST ALONG THE NORTH R/W
LINE OF MINN HWY 212 A DIS OF 105 FT TO PT OF BEG
INC ALL VAC STS EASE INC VACATED WILLIM ST
SUBDIVISIONNAME SUMMIT PARK BLOCK 6
SUBDMSIONCD 61245
Physical Address: 14608 60th St.N.
Page 160 of 208
ATTACHMENT B
Variance&Conditional Use Permit
Allowing Electronic Changeable Copy Sign
Total Sign Area of 107.9 Square Feet
To Existing Sign Structure
Joseph's Restaurant
14608 601°St.N.
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: July 12,2018
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 161 of 208
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT oi
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY JOSEPH'S RESTAURANT
FOR A SIGN VARIANCE
AND CONDITIONAL USE PERMIT AT 14608 60TH STREET NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Joseph's
Restaurant to allow for a Variance for a changeable copy sign that exceeds the
s
able
35 percent of sign area and a Conditional Use Permit to allow the overall i n ge
area of the freestanding sign at 14608 60th Street North; and total signage
public hearing relative thereto, the PlanningCommission after having conducted a
recommended that the request be approved ith scion of Oak Park Heights
PP 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 supportingdocumentati
to the Community Development Department consisting of the following tes: on
SEE ATTACHMENT B
and
3. The property is zoned B-2 General Business District in which restaurants
are a permitted use; and
4. The existing freestanding sign on the subject site i s grandfathered
changes to the signg�'andfatheli but
will require a Variance and Conditional Use Permit to change the
reader board to an electronic message board; and
5. The Applicant has requested the Joseph's Restaurant Sip. , to remain at the
top of the pylons, but to replace the existing 40 square foot reader board sign with a
changeable copy LED sign of 37.9 square feet; and
Page 162 of 208
6. The changeable copy LED sign shall not occupy more than 35 percent of
the overall allowable sign area which would limit the proposed sign to 28 square feet; and
7. A Variance is required to allow the changeable copy LED sign to exceed
the 35 percent requirement and a Conditional Use Permit to allow a total signage area of
107.9 square feet where the limit would be 80 square feet; and
8. City staff prepared a planning report dated July 5, 2018 reviewing the
request; and
9. Said report recommended approval of the Variance and Conditional Use
Permit requests subject to the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their July 12,2018
meeting,took comments from the public,and recommended the application be approved
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 Joseph's Restaurant to allow a Variance for a
changeable copy sign that exceeds the allowable 35 percent of sign area and a
Conditional Use Permit to allow the overall total signage area of the freestanding sign of
108 square feet at 14608 60th Street North shall be approved and affecting the real
property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approval of the sign Variance and
Conditional Use Permit is subject to the following findings of fact:
1. The Variance criteria in Section 401.04 and 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
request is justified.
2. The existing freestanding sign on the subject site is grandfathered and the
overall square footage of signage will be reduced with this application.
3. The proposed changeable copy LED sign will ensure visibility and
identification of the business from both east and west bound traffic on
Highway 36.
The City Council approves the application subject to the conditions as follows:
2
Page 163 of 208
1. The proposed electronic message board shall not be more than 40 square
feet in size.
2. All signs shall be designed to comply with the Zoning Ordinance
requirements for internal illumination.
Approved by the City Council of the City of Oak Park Heights this 24th day of July 2018.
Mary McComber,Mayor
ATTEST:
Eric A.Johnson,City Administrator
3
Page 164 of 208
ATTACHMENT A
}!. • • Y
Variance & Conditional Use Permit
Allowing Electronic Changeable Copy Sign
Total Sign Area of 107.9 Square Feet
To Existing Sign Structure
Joseph's Restaurant
14608 60th St. N.
Washington County Property ID: 33.030.20.43.045
Legal Description: PT OF BLKS 6 & 7 DESC AS COM ON THE N R/W LINE OF
MN T.H. 212 DIST OF 425FT E OF W LINE OF BLK 7 THEN N
PARL WITH THE W LINE OF BLKS 6 & 7 A DIST OF 300 FT
TO A PT THEN E PALR WITH N R/W LINE OF MN T.H. 212
DIST OF 105FT TO A PT THEN S PARL WITH THE W LINE
OF BLKS 6 & 7 TO THE NORTH R/W LINE OF MINN T.H.
212 A DIS OF 300 FT THEN WEST ALONG THE NORTH RAY
LINE OF MINN HWY 212 A DIS OF 105 FT TO PT OF BEG
INC ALL VAC STS EASE INC VACATED WILLIM ST
SUBDIVISIONNAME SUMMIT PARK BLOCK 6
SUBDIVISIONCD 61245
Physical Address: 14608 60th St. N.
Page 165 of 208
ATTACHMENT B
Variance& Conditional Use Permit
Allowing Electronic Changeable Copy Sign
&
Total Sign Area of 107.9 Square Feet
To Existing Sign Structure
Joseph's Restaurant
14608 60th St. N.
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: July 12, 2018
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 166 of 208