HomeMy WebLinkAbout2008-02-28 OPH Ltr. to Applicant Re Menards Sign CompliancePage - 1 -of 2
City of Oak Park Heights
14168 Oak Park Blvd. N •Box 2007 Oak Park Heights, MN 55082 •Phone (651) 439 -4439 •Fay (651) 439 -0574
February 28, 2008
Robert L. Brackey, Developer (Owner)
80 E. Arlington
ST. Paul, MN 55117
Mr. Jim McGovern, Project Manger Owner's Representative)
Offices of Roberta:. Brackey
80 E. Arlington
ST. Paul, MN 551.17
RE: Menard's.Signage
Gentlemen,
As you are aware, your organization as withdrawn your application for the `Best Buy'
development adjacent to Menard's; However, the withdrawal of fhe application does
not resolve the issue of compliance with the original Menard's permit issued back in 1995
by the City council, which allowed a pylon sign to be located at the corner of the
frontage road and what is now Krueger Drive on the condition that the land that the sign
was to be located on would be owned by Menard's.
Notwithstanding the representation made within the record of May 22, 1995, a copy of
which I annex as the same was made by the owner's representative at that time, Mr.
McGovern, the property was never conveyed to Menard's under which the pylon sign
is now owned. The owner, Mr. Brackey, did convey to Menard's an easement, but the
plan clearly requires ownership under both the city's ordinance as well as the
requirements of the Council at that time.
There are only two avenues that the City can estimate under which the problem could
be re- mediated or corrected. They are as follows:
1. Menard's can remove the sign or move the sign back to land that is owned by
them. I understand that this is not favored by the Menard's group.
2. Mr. Brackey can create a flag lot along Krueger Drive and then convey it to
Menard's, who can then join it with their existing parcel, which would presumably either
require a form of re- platting of their parcel to include the flag lot or address the issue of
the flag lot not being separated from the Menard's parcel by way of binding
development agreement recorded against both parcels' descriptions.
In any event, the withdrawal of the Best Buy application does not absolve the
remediation of this problem and as was agreed to in 1995. Accordingly, the city will
Page - 2 - of 2
afford your offices 6 months from the date above to remove Phis sign or create the flag
lot as ab
Pi
as let know if you have any questions.
er ly,
ri Joh son
ty A . mini5trator
Cc Mark Vierling, city Afforney
Julie Hultman., Property File
Jim Butler, Building official
Weekly Notes
SEP- 20--2007 12:23 P-02/02
Page Two - Minutes 05/22J95
Old Bus iness :
;3-L I-vat Area �` "W Chri
. . Of QQMmerCe White, Chamber E xecutive DI-rector, was p resent representing the
Chamber. After di scussion, Councilmember Kern seconded by
Swenson moved t o approve a donation of $2,500.00 to the Chamber
Carried 5 - 0, Councilmember Schaaf seconded by Swenson, moved t o
a pprove a donat of $ 500,00 to the Tourism Alliance. Carried
504
- Gary C was present
representing M enards requesting that the Counc grant a approval,
for ei ther a 2 00 square feet, 30 foot high sign located close t
the frontage road,, car, a 4 00 square foot, 80 f oo t high sig
located j ust north of Me nards property, City Planner Richards
noted that since the city did net allow billboards, Menards must
own the Zand its sign is located upon.. Jim McGovern,
representing landowner Bob Brackey, said they were will to
comply with whatever the city required.. Counc- 11member S wenson,
seconded by Schaaf, moved to approve a 2 00 s quare foot, 30 foot
high pylon sign for Menards as a condition of their previously
`ranted Conditional Use Permit, with the further condition that
the land the sign was located on be owned by Menards. Carried 5
0p
- Robertson. noted that the city had received
- _,,.Qn _ lebcea a request from Elmer 13aase for a feas study to be done for
the proposed Haase Addit along with a check to pay for the
study, Councilmember Kern, seconded by Swenson, roved to direct
the City Engineer to perform the feasibility study. Carried 5-0
Councilmember Rohert noted that staf f has
issued a Draft Trail System Plan, which will be discussed at th
ne xt 'Trail C ommittee meeting on May 24 at 7 p . m .
Councilmember Schaaf, seconded by Swenson, mov0d to set a Council
w orkshop on Monday, June 19, 1 995 at 7 p .m. at Oa Park
Heights City Hall for Council. to review the proposed Trail System
Plan C arried s - 0,
Councilmember Ro bert updated
the Council o the latest meeting. Robert seconded by Schaaf,
roved to request MNDOT t o raise the concrete barrier on the
proposed St C roix R iver Bridge to 4 feet for greater noise
re duction, this request does not constitute a response to MNDOT' s
proposed layout plans for the bridge or Highway 3 purs to MS
4161 ; 174. Carried-
TOTAL P.02