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HomeMy WebLinkAbout18-01-05 RESOLUTION NO.18-01-05 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST FROM FIRST PRESBYTERIAN CHURCH, TO ALLOW A CONI 1TIONAL 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 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 62" Street with a sign face of the same size; and 4. 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 40I.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 I. 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 sign could be placed parallel to Osgood Avenue and meet the setback requirements, but the sign message would not be easily visible and not practical for its intended purpose. 6. 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 3. A landscape plan for the area around the new sign shall be subject to review and approval of the City Arborist. Approved by the City Council of the City of Oak Park Heights this 91h day of January 2017. Mary McComber, Mayor ATTEST: r EiJe A. J 14son y Administrator 4 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. 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)