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HomeMy WebLinkAbout2019-05-28 CC Packet Enclosure Oak Park Heights Request for Council Action Meeting Date Ma 28th 2019 Time Required: 5 Minutes Agenda Item Title: Stillwater Cross' - Si variance 5950 Os ood Ave. Agenda Placement New Business Al Originating DepartmentJReque iohnso "1 Administrator Requester's Signature ` 4jPIIPP / Action Requested Discussi,;/Possible Action Background/Justification(P1- ..e indicate if any previous action has been taken or if other public bodies have advised): Please see the following from Scott Richards, City Planning Consultant 1. Staff Report dated May 2nd 2019 -as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 111 of 252 Fnc.. �2 T P C 3601 Thurston Avenue N,Suite 100 Anoka, MN 55303 Phone:763.231.6840 Facsimile: 763.427.0520 TPC a©PianningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: May 2, 2019 RE: Oak Park Heights — Stillwater Crossing Shopping Center -. Sign Variance 5950 Osgood Avenue North TPC FILE: 236.02 — 19.03 BACKGROUND Eric Bjelland of Midwest Retail Ventures LLC has made application for a sign Variance to allow two signs on one building elevation for Good Times Tattoo and Lace Design in the Stillwater Crossing building at 5950 Osgood Avenue North. Stillwater Crossing is a multi-tenant building. The two businesses will be in the same tenant space with one exterior entrance. The Good Times Tattoo currently has a wall sign and a second sign is proposed for Lace Design. A Variance is required to allow two wall signs on one building elevation when there is one tenant space and one exterior entrance. The design of the building will easily accommodate the second sign above the entrance door. EXHIBITS The review is based upon the following submittals: Exhibit 1: Applicant's Narrative Exhibit 2: Elevation Picture— Existing Exhibit 3 Proposed New Sign Exhibit 4: Tenant Space Floor Plan PROJECT DESCRIPTION The applicant's narrative for the project is found as Exhibit 1. Page 112 of 252 "We are requesting an additional sign on the building to represent our newest co-tenant, Lace Salon. Recently Good Times Tattoo Co. and Lace Salon integrated their two service businesses in the former Metro Dental location at Stillwater Crossing. Good Times Tattoo has a sign on the building façade, and we believe Lace Salon should have one as well. All our existing users are represented with building signage. The location of the sign will be above the door for the reception area. It will fit nicely between the "Good Times Tattoo" sign to the east and "Shangri La Nails"to the west. The new Lace building sign will be consistent with our sign criteria and the City's permitting process. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The continued use of the site as a multi-occupancy shopping center is consistent with the Comprehensive Plan. Zoning. The sign regulations specify that individual tenants of a multiple occupancy building shall not have a wall sign unless the business has an exclusive exterior entrance and that the number of wall signs shall be limited to one per entrance. A Variance is required to vary from this requirement. Note that under the single tenant building standards, the Applicant can apply for a Conditional Use Permit to vary from the number of signs per elevation regulation. The regulations are as follows: 3) Except as provided for in Section 401.15.G.10 of this Ordinance, individual tenants of a multiple occupancy building shall not display separate wall signs unless the tenant's business has an exclusive exterior entrance. The number of individual wall signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall sign allowances permitted in the district. Tenants on building ends may have a maximum of two (2) signs each to be located at the front and side elevations of the tenant space. The individual signs shall be located only on exterior walls which they are directly related to the use being identified. The pictures and the floor plan as attached indicate that the two businesses will have one entrance, but the design of the building will easily accommodate the second sign in a separate bay. The request for the second sign is somewhat unique in that rarely are there two businesses that share a tenant space with one entrance. Signage. The proposed sign would be placed in the bay above the entrance to the tenant space. The sign would be approximately 32 square feet and an LED face illuminated raceway mount letter set. The signs will be required to comply with the Zoning Ordinance size and lighting requirements. Staff will approve the sizes and lighting specifications for the signs at the time of permitting. 2 Page 113 of 252 Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and the City Council should review the following criteria and conditions to determine if the sign variances are justified. Review Criteria. The Planning Commission and City Council should make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way he contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. h. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special cases may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the proPerty. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings n the same district under the same conditions. e. The request is not a result of non-conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The request does not create an inconvenience to neighboring properties and uses. Comment: The sign should not have any impact to the neighboring tenants or to the shopping center. The request is unique in that most tenant spaces in multiple occupancy buildings are occupied by an individual business requiring one sign above the entrance. The building bay where the sign is to be located will easily accommodate the sign above the entrance door. City Staff does not have an issue with allowing the sign setback variance. 3 Page 114 of 252 CONCLUSION / RECOMMENDATION Subject to the preceding review, City Staff recommends approval of the Variance subject to the conditions that follow: 1. The sign shall be designed to comply with the Zoning Ordinance requirements for size and internal illumination. 2. Any other conditions of the Planning Commission and City Council. pc: Julie Hultman 4 Page 115 of 252 City of Oak Park Heights Variance Application March 20,2019 File#:236.02-19.03 #2: Narrative explaining the need for the additional sign Narrative: We are requesting an additional sign on the building to represent our newest Co-Tenant, Lace Salon. Recently,Good Times Tattoo Co and Lace Salon integrated their two service businesses in the former Metro Dental location at Stillwater Crossing. Good Times Tattoo has a sign on the building facade and we believe Lace Salon should have one as well. All our existing users are represented with building signage. The location of the sign will be above the door for the reception area. It will fit nicely between the "Good Times Tattoo"sign to the East and "Shangri La Nails"to the West. The new Lace Salon building sign will be consistent with our sign criteria and the City's permitting process. 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E la - .i El Z 6 . 4.i z 0 ti 1 i .@- ,0 2 SaSHATalld -1 -4- i-v ntinixa gill Page 119 of 252 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 FROM MIDWEST RETAIL VENTURES LLC, OWNERS OF THE STILLWATER CROSSING SHOPPING CENTER, FOR A VARIANCE TO ALLOW TWO SIGNS ON ONE BUILDING ELEVATION, LOCATED AT 14727 60th STREET NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Midwest Retail Ventures LLC,owners of the Stillwater Crossing Shopping Center, for a Variance to allow two wall signs on one building elevation for Good Times Tattoo and Lace Design at 14727 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 the shopping center is a permitted use; and 4. The sign regulations, in Section 401.15.G.9.c.3) specify that "Except as provided for in Section 401.15.G.10 of this Ordinance, individual tenants of a multiple occupancy building shall not display separate wall signs unless the tenant's business has an exclusive exterior entrance. The number of individual wall signs shall be limited to one(1)per entrance, and each sign shall be limited to the maximum wall sign allowances permitted in the district. Tenants on building ends may have a maximum of two (2) signs each to be located at the front and side elevations of the tenant space. The individual Page 120 of 252 signs shall be located only on exterior walls which they are directly related to the use being identified."; and 5. The floor plan indicates that the two businesses will have one entrance; and 6. A Variance is required to allow two signs for one building entrance,one sign for Good Times Tattoo and another for Lace Salon;and 7. The design of the building will easily accommodate the second sign in a separate building bay; and 8. City staff prepared a planning report dated May 2,2019 reviewing the request;and 9. Said report recommended approval of the request,based upon a review of the Variance criteria found in Section 401.04 of the Zoning Ordinance,as well as the fulfillment of conditions;and 10. The Planning Commission held a public hearing at their May 9,2019 meeting,took comments from the Applicants and public, closed the public hearing, and made the following recommendation: 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 Midwest Retail Ventures,owners of the Stillwater Crossing Shopping Center, for a Variance to allow two wall signs on one building elevation for Good Times Tattoo and Lace Design at 14727 60th Street North, should be approved and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance for size and illumination. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of May 2019. 2 Page 121 of 252 Timothy Freeman, Chair ATTEST: Eric A. Johnson,City Administrator 3 Page 122 of 252 ATTACHMENT A Sign Variance Stillwater Crossings—Lace Salon 14727 60th St.N. Washington County Property Identification Number: 04.029.20.12.0025 Legal Description: Lots 7-9,Block 2, St. Croix Mall P.U.D. Physical Address: 14727 60th St.N. Page 123 of 252 ATTACHMENT B Sign Variance Stillwater Crossings—Lace Salon 14727 60th St.N. Application Materials • Application Form • Fees(applicable) • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing&Recommendation: May 9,2019 Required Approvals: Planning Commission Majority Vote City Council Majority Vote 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 the variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.04.C.4.1 and 2) Page 124 of 252 RESOLUTION NO. 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 FROM MIDWEST RETAIL VENTURES LLC, OWNERS OF THE STILLWATER CROSSING SHOPPING CENTER,FOR A VARIANCE TO ALLOW TWO SIGNS ON ONE BUILDING ELEVATION,LOCATED AT 14727 60th STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Midwest Retail Ventures LLC,owners of the Stillwater Crossing Shopping Center, for a Variance to allow two wall signs on one building elevation for Good Times Tattoo and Lace Design at 14727 60th 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 the shopping center is a permitted use; and 4. The sign regulations, in Section 401.15.G.9.c.3) specify that "Except as provided for in Section 401.15.G.10 of this Ordinance, individual tenants of a multiple occupancy building shall not display separate wall signs unless the tenant's business has an exclusive exterior entrance. The number of individual wall signs shall be limited to one(1)per entrance, and each sign shall be limited to the maximum wall sign allowances Page 125 of 252 permitted in the district. Tenants on building ends may have a maximum of two (2) signs each to be located at the front and side elevations of the tenant space. The individual signs shall be located only on exterior walls which they are directly related to the use being identified."; and 5. The floor plan indicates that the two businesses will have one entrance; and 6. A Variance is required to allow two signs for one building entrance,one sign for Good Times Tattoo and another for Lace Salon; and 7. The design of the building will easily accommodate the second sign in a separate building bay; and 8. City staff prepared a planning report dated May 2,2019 reviewing the request; and 9. Said report recommended approval of the request,based upon a review of the Variance criteria found in Section 401.04 of the Zoning Ordinance, as well as the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their May 9, 2019 meeting, took comments from the Applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE H' RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THIS; CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Midwest Retail Ventures,owners of the Stillwater Crossing Shopping Center, for a Variance to allow two wall signs on one building elevation for Good Times Tattoo and Lace Design at 14727 60th Street North, should be approved and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance for size and illumination. Approved by the City Council of the City of Oak Park Heights this 28th day of May 2019. 2 Page 126 of 252 Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 127 of 252 ATTACHMENT A I. Sign Variance Stillwater Crossings—Lace Salon 14727 60th St.N. Washington County Property Identification Number: 04.029.20.12.0025 Legal Description: Lots 7-9,Block 2, St. Croix Mall P.U.D. Physical Address: 14727 60th St.N. Page 128 of 252 ATTACHMENT B , .Y . Sign Variance Stillwater Crossings—Lace Salon 14727 60th St.N. Application Materials • Application Form • Fees (applicable) • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing&Recommendation: May 9,2019 Required Approvals: Planning Commission Majority Vote City Council Majority Vote 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 the variance. An application to extend the approval of a variance shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.04.C.4.1 and 2) Page 129 of 252 THIS PAGE INTENTIONALLY LEFT BLANK X / V Page 130 of 252