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HomeMy WebLinkAbout2018-07-12 Joseph's Restaurant - 14608 60th Sign Variance & CUP - DF2018-06.06 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 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 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 COMMISSION 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 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. L/�, Timothy Freem.l• air ATTEST: Eric A. Johnson, inistrator 3 ATTACHMENT A q,,o, 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 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 SUBDIVISIONCD 61245 Physical Address: 14608 60th St. N. 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)