HomeMy WebLinkAbout2018-08-16 OPH to CA - WC Recording Request } , CITY OF
� +pOAK PARK HEIGHTS
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;+ 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574
August 16, 2018
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff& Vierling
Attorneys at Law
1809 Northwestern Ave.
Stillwater, MN 55082
Re: Joseph's Restaurant— 14608 60th St. N.
Conditional Use Permit& Variance Permit for Signage
OPH File No.: 2018-06.06
TPC File No.: 236.02-18.04
Dear Mr. Vierling:
Enclosed herewith for filing with the Washington County Recorder's Office, please find a
copy • the above-referenced document. Notice of Certification has been attached.
' =•ard.
ric •hnson
City,Administrator
EJ:jah
Enclosure
Tree City U.S.A.
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 Permit
For Signage
at Joseph's Restaurant
14608 60"St. 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 16th day of
August, 2018. yi
ric J i son "'"
City dministrator '
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
AND VARIANCE PERMIT
FOR SIGNAGE AT JOSEPH'S RESTAURANT
File No.: Date Issued:July 24,2018
Legal Description: (Washington County Geo.Code:33.030.20.43.0045)
See Attached Exhibit"A"
Owner: Joseph M.&Mary A.Kohler
4880 Normandale Ave.N.
Stillwater,MN 55082
Applicant: Joseph's Family Restaurant
14608 60th Street N.
Oak Park Heights,MN 55082
Site Address:14608 60th Street N.,Oak Park Heights MN 55082
Present Zoning District:B-2 General Business District
Permitted uses set forth in Ordinance 401 Section 401.15.G.10.a
1. CUP&VARIANCE PERMIT:The property is zoned B-2 General Business District in which
restaurants are a permitted use;and in which businesses are permitted signage,including one electronic
changeable copy sign. However,total signage is limited to 80 square feet and an electronic changeable copy
sign is limited by the Ordinance to no more than 35%of the total actual graphic area of the signage,which
would allow 28 square feet in Applicant's district. Existing signage is 110 square feet. The existing
freestanding sign on the subject site includes a 40 square foot reader board and is grandfathered but changes to
the sign require a Variance and Conditional Use Permit to change the reader board to an electronic message
board.Applicant proposes a changeable copy LED sign of 37.9 square feet,which exceeds the permissible 35%.
Applicant's site is also limited by ordinance to total freestanding signage of 80 square feet,and requires a CUP
to permit additional signage.The district permits total signage of 80 square feet,and under the 35%rule,that
would limit a changeable copy electronic sign to no more than 28 square feet. The proposed total signage area
in the Applicant's application results in 107.9 square feet of signage,thus requiring a CUP,in addition to the
variance for exceeding 35%for the changeable LED sign.
The existing signage is a preexisting legal nonconforming use that is "grandfathered," however the proposed
changes and alterations to the signage tenninate any grandfathered rights, necessitating a conditional use permit.
Given that the overall square footage of signage will be slightly decreased by this application, there is no
adverse impact to adjacent property from the granting of a CUP and variance. Other businesses in the Hwy 36
corridor have similar changeable copy LED signage. 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 proposed use is in conformance with the City's comprehensive plan and general uses that are permitted
within the B-2 zoning district, although the size of the proposed sign exceeds permissible limits. The proposed
use is reasonable, and a variance is warranted given that LED signs are only obtainable from manufacturers in
predetermined dimensions. The proposed variance provides a practical difficulty to the applicant in obtaining a
sign that is similar in size to the long existing signage on the site, and it will not have a detrimental impact to the
site, to neighboring sites, or to the general traveling public.
II. All permits and uses applied for are granted but shall be subject to the following conditions and/or restrictions
imposed by the July 24, 2018 Resolution of the City Council of the City of Oak Park Heights as follows:
The City Council of the City of Oak Park Heights approval of the Conditional Use Permit for 107.9 square feet
of total signage and Variance for the changeable copy LED sign of 37.9 square feet, consisting of 35.13% of the
signage, subject to the following findings of fact:
1. The property is zoned B-2 General Business District in which restaurants are a permitted use; and
2. 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
3. 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
4. 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
5. 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
6. City staff prepared a planning report dated July 5, 2018 reviewing the request; and
7. Said report recommended approval of the Variance and Conditional Use Permit requests subject to the
fulfillment of conditions; and
8. 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
Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval with the
following conditions:
1 . The proposed electronic message board shall not be more than 40 square feet in size.
2. The Applicant shall install signs that are designed to comply with the Zoning Ordinance requirements
for internal illumination.
3. No other modifications, alterations or increases to signage will be permitted without authorization from
the City and amendment to this CUP and variance.
III. Reference Attachment:
The reports of the City Planner dated July 5, 2018 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 Use 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: Annual review is not imposed as a condition of this permit
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
/
Date: By
Mary,McComber
Mayor
Date: By - _ . .,
Eric J' ' son
Ci dministrator
Joseph's Family ;&aurant
►. ,
Date: By _ e r t rt \
+ osep M. ler
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Blocks Six (6) and Seven (7),Summit Park, according to the plat thereof on file and of
record in the office of the Register of Deeds in and for Washington County, Minnesota, described as follows,
to wit:
Commencing on the North right-of-way line of Minnesota Trunk Highway No.212,Four hundred twenty-
five(425)feet East of the West line of Block Seven (7); thence North parallel with the West line of Blocks
Six(6) and Seven (7),a distance of Three hundred(300)feet to a point; thence East parallel with the North
right-of-way line of Minnesota Trunk Highway No.212 a distance of One hundred five (105)feet to a point;
thence South parallel with the West line of Blocks Six (6) and Seven (7)to the North right-of-way line of
Minnesota Trunk Highway No.212 a distance of Three hundred (300) feet; thence West along the North
right-of-way line of Minnesota Highway No.212 a distance of One hundred five(105)feet to the point of
beginning,including all vacated streets therein.
PID No.: 33.030.20.43.0045
EXHIBIT"B"
PLANNERS REPORT AND SITE PLANS
1
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} R ^ ' Anoka, MN 662�l3 (iNVi./V.,1,ki.„,
4 Phor : 703.221 .664-0
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PLANNING IIPORI
TO: Eric Johnson
FROM: Scott Richards
DATE: July 5, 2018
RE' Oak Park Heights — Joseph's Restaurant — Fri
Variance and Conditional Use Permit — standing Sign
14608 60�, Street North
TPC FILE: 236.02 —
18.0.4
BACKGROUND
Joseph Kohler has made application f
for a changeable co or a Variance and Conditional Use Pew
py sign that exceeds the allowable 38 er it to alio
Joseph's Restaurant at 14.6Q8 60thStreef NorthP cent of sign
the existing reader board sign on the . The changeable �p s9 n area tor thefteestandjng Joseph's Restaurant s 9 will replace
EXHIBITSigr�.
The review is based upon the following submittals:
Exhibit 1 : Applicant's 14arrative6/
Exhibit 2: Existing Sign Picture �o• t �/�8 and 6/29/t g)
Exhibit 3: with Previously Proposed Sign (Drawing
Existing Sign picture 5)
ExhibI 4: Joseph's Restaurant Site Plan
PROJECT- DESCRIPTION
The applicant's narrative for the project i
} s found as Exhlbll 1 .
I, Joseph Kohler; owner of Joseph's' Restaurant
reader board with a new LED like to chance out my old (1��
bt�rd. �)
The old board is 40 square feet. The new
one is 37.9 square feet.
Staff narrative: The onginal application
signage on the freestanding sign to ori I n requested thereplacement of the
ED sign that would have been 4fl 8 in kexisting
Sft bin.
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 board sign with
an LED sign.
ISSUES ANALYSIS
Comprehenalyr 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 properly 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 it
the signs are not replaced,
The Applie&nt is now proposing to allow the Joseph's Restaurant sign to remain and
replace the reader board to an LED of 37M 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.P square feel. Section 4-01.15.G.18 of the sign regulations
provides criteria for review of Variances. That review is as follows:
f) Mat particular physical surrounding, shape, of 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 fool
electronic message board would not be highly visible along the Highway 30
coriidor..
2) That the condition involved is unique to the particular parcel of land involved.
Comment: 1 here is nothing unique to this particular 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 fi) is slightly smaller than the
existing reader board (40 sq It).
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 en adequate supply of light arid 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 arid Conditional Use
Permit for replacement of the reader board with the electronic message board.
Sipnapc 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.
COWCt_USIO / R COMMEIMATION
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 es
well as the proposed total signage area of 107.9 square feel subject to the conditions
that follow:
Page 150 of 208
1 1 he proposed electronic message board shall not be more than 40 square feet in
size.
2. AU signs shall be designed to comply with the Zoning Ordinance requirements for
intemal illumination.
pc: Julie Hultman
<;
Page 151 of 208
To the City council of Oak Park Heights
I, Joseph Kohler would like to make an upgrade at 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 letters twice a day.
It's dangerous. It's old fashioned and basically ugly. This 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.
1. Show our ever-changing products.
2. Enhance communication to our guest.
3. Add Relevant information on the City, County, traffic, weather......
4. Influence buyer's decisions with updated products.
S. Upgrade, new technology make us a better business.
6. Upgraded sign means updated look.
I would like to thank everyone for reading my reasons for this updated
sign and upgraded look at Josephs. We can change how great this
community is one step at a time. This is progress for Josephs and a nice
clean look for our City of Oak Park Heights.
Thank you
Joe Kohler
Josephs
i>41:
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Page 152 01208
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