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Home My WebLink About2019-09-05 WC Recorded Document 4207713 - Wall Sign Variance Receipt:#442590 420771 3 VAR $48.00 Return to:FILE II 111111 III III 1111 11111 III 4844 North 300 West Suite 202 Certified Filed and/or recorded on: Provo UT 84604 9/5/2019 3:08 PM 4207713 Office of the County Recorder Washington County,Minnesota Jennifer Wagenius,County Recorder Drafted by/Return To: Eckberg Lammers,P.C. 1809 Northwestern Avenue Stillwater,MN 55082 NOTICE OF CERTIFICATION STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) 1,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: Variance From Wall Sign Limitations For Midwest Retail Ventures LLC (dba Stillwater Crossing Shopping Center) 14727 60th 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 P. ,this 28 day of August,2019. ric o ,sin .. Ci, A. nistrator CITY OF OAK PARK HEIGHTS VARIANCE FROM WALL SIGN LIMITATIONS FOR MIDWEST RETAIL VENTURES, LLC (D/B/A STILLWATER CROSSING SHOPPING CENTER) 14727 606 STREET NORTH OAK PARK HEIGHTS MINNESOTA Planners File No.236.02-19.03 Date of Variance: May 28,2019 Legal Description: (Washington County Geo. Code: 04.029.20.12.0025) See Attached Exhibit A Owner: Stillwater Crossing,LLC 1660 S.Highway 100,Suite 210, St. Louis Park,MN 55416 Applicant: Midwest Retail Ventures,LLC d/b/a Stillwater Crossing Shopping Center 6204 Balder Lane, Edina, MN 55439 Site Address: 14725- 14729 60TH Street North,Oak Park Heights, MN 55082 5950-5988 Osgood Ave. N.,Oak Park Heights, MN 55082 Present Zoning District: B-2,General Business District Conditional use required as set forth in Ordinance Chapter 401 Section 401.15 G.10 NARRATIVE: The City of Oak Park Heights received a variance application from Stillwater Crossing to permit two exterior wall signs for two different businesses ("Good Times Tattoo" and "Lace Salon") which jointly use only one exterior entrance at 14725 606 Street North, within the Stillwater Crossing Shopping Center Planned Unit Development. 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." Practical difficulties existing in this situation and justifying a variance include that the interior floor plan of applicant's building is set up to accommodate these two businesses in two distinct spaces, while only needing one exterior entrance to accomplish it, and further, there are two separate sets of exterior bays of windows/facade over which to separately place the two different wall signs apart from each other, despite using a single entrance. Following public hearing and recommendation by the Planning Commission on May 9, 2019, the City Council granted the variance on May 28, 2019 to allow the two business signs with one entrance, subject to the terms expressed below. The City Council of the City of Oak Park Heights approves the Valiance from 401.15.G.10 to allow two exterior wall signs for two businesses ("Good Times Tattoo" and "Lace Salon") that jointly utilize one exterior entrance at the 14725 60'h Street North address. All terms and conditions in the original PUD as well as CUP for the site issued March 22, 2016 remain in full force and effect except as amended or supplemented by this Variance. The Variance shall be subject to the following conditions and/or restrictions imposed by the May 28, 2019 Resolutions of the City Council of the City of Oak Park Heights as follows: 1. All proposed signage shall require a sign permit and shalt be in compliance with Section 401 . 15.G of the Zoning Ordinance for size and illumination. III. Reference Attachment: The report of the City Planner dated May 2, 2019 and all exhibits and site plan approved by the City Council are annexed hereto by reference as Exhibit B. IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses 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: An annual review is imposed as a condition of this permit. The Council reserves the right to amend or modify conditions following the review. IN WITNESS WHEREOF, the parties have set forth their hands and seals, CIT OAI . ' RIS HEIGHTS • Date: By A.1 Ma , ►' ayor Date: By Arri r ot: on, Ci - •rninistratar MID"{ ST RETAIL VENTURES, LLC Date: ` /t ,//'( By --- Eric Kjelland EXHIBIT"A" LEGAL DESCRIPTION ST. CROIX MALL P.U.D.21°ADD, Lot 9, Block 2 (PND#04.029.20.12.0025) And ST.CROIX MALL P.U.D.2"ADD,Lot 8, Block 2 (PID#04.029.20.12.0024) And ST.CROIX MALL P.U.D.2"'o ADD,Lot 7,Block 2 (PID#04.029.20.12.0023) EXHIBIT"B" PLANNER REPORT,AND EXHIBITS T P 3801 Thurston Avenue N, Suite 100 C Anoka, MN 55303 Phone; 763.231.5840 Facsimile: 783.427.0520 TPC@PlanningCo.00m 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: Applicants 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 be 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 buidings 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 era 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 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 nicety 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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