HomeMy WebLinkAbout18-07-26 RESOLUTION NO. 18-07-26
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
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 allowable
35 percent of sign area and a Conditional Use Permit to allow the overall total signage
area of the freestanding sign at 14608 60t` Street North; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights
recommended that the request be approved 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 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 Pen-nit 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 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 60"' Street North shall he 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:
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1. The proposed electronic message board shall not he more titan 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 MJ Comber, Mayor
ATTEST: !/
Eric Johnson, City Administrator
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ATTACHMENT A
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 601h St. N.
ATTACHMENT B
I oT -
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 601h 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 pen-nit 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)