The URL can be used to link to this page

Home My WebLink About2010-09-01 SE Compliance Request City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 Emailed & U.S. Postal Mailed September 1, 2010 9 -2 -1 0 Mr. Paul Broten, Marketing Director (�1OYYA� Wendy's Four Crown, Inc. -0 7002 6 St. N. — nU �� ` wu Oakdale, MN 55128 Re: Special Event & Temporary Window Signage -14560 60 St. N. Dear Mr. Broten: On August 1, 2010, after I contacted you regarding a special event ordinance violation at the above - referenced Wendy's, we discussed the special event ordinance requirements and I issued you a special event permit for ground signage to be placed at the storefront of the Wendy's located at 14560 60 St. N. The permit was issued for the time period of August 1, 2010 through August 10, 2010 -the dates you made application for and signed off on. These signs have not yet been removed, nor have I received a response back from you as to my August 24, 2010 communication regarding this matter, though I did receive a confirmation of my email as having been read on August 25 As of today, the signs have been in place 22 days beyond the date of the permit duration. In addition to the violation of special event signage, the store is also in violation of temporary window signage which is permitted by city ordinance 401.15.G.6.d up to 10% of the front building fagade. Currently there is greater than 10% of temporary signage situated within the front and side store windows. With this letter you are requested to remove all of the ground signs at the store front and to reduce the overall amount of temporary window signage at the store prior to Monday,, September 6, 2010, at which time a site visit will be made to verify compliance. If compliance is not found you may be subject to misdemeanor citation for violation of City Ordinances 401.15.G.8 and 401.15.G.6.9 as they relate to special event signage and temporary window signage. F M. City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 Paul Broten, Marketing Director September 1, 2010 Wendy's Four Crown, Inc. Page 2 50 calendar days per year are permitted for special events by City Ordinance. As I noted above, Wendy's as of this date has utilized 10 permitted days plus 22 days in violation, leaving you with 18 days remaining available in 2010. The days remaining available will continue to decrease until such time the signs have been removed. For your convenience I have enclosed copies of Oak Park Heights City Ordinance sections 401.16.G.6 and 401.15.G.8, along with a special event permit application. I welcome your communication anytime and ask that you contact me immediately with any questions you may have regarding this request, the ordinance requirements or process related to addressing their violation. Thank you for your prompt attention. Sincerely, Ju i Hultman Planning & Code Enforcement Officer Enclosures PC: Wendy's Store Manager @ 14560 60 St. N. (w /enclosures) Property File Ilk CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -0574 401.15.G.6. Permitted Sighs In Any Zoning District. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. 401.15.G.6.c. Permanent Window Siqnaqe. Shall not exceed twenty -five (25) percent of the total area of the window in which they are displayed. Lettering used in' permanent window signage exceeding three and one - half (3.5) inches in height shall be included in the calculations of allowable sign area permitted on that side- of building. Use of neon for permanent window sign shall be allowed within the requirements of this section. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R -B, B -1, B -2, B -3, B -4, BM and I Districts. 401.15.G.6.d. Temporary Window Signaqe. Temporary window signs shall be permitted within the R -B, B -1, B -2, B -3, B -4, B -W and I Districts, providing that they do not exceed ten (10) percent of the front building facade. Definition — Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Tree City U.S.A. City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 ! Oak Park Heights, MN 55082 Phone (651) 439 -4439 • Fax (651) 439 -0574 www.cityofoakparkheights.com 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed five (5) special events per calendar year. The total number of special event days in a calendar year shall not exceed fifty (50) days for any applicant, business, or public and institutional use.' Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start anew special event. C. Permitted Advertising Devices. Advertising devices for special events must be directly related to the activity being conducted as a special event. The advertising devices described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permitee's property and shall comply with the City's setback requirements for accessory buildings. 'Amended 10 -28 -08 1 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square feet nor higher than the wall of the principal building on the lot. 5) Search lights. a) Search lights as regulated in Section 401.15.B.7.g.(1) of this Ordinance. d. Prohibited Advertising Devices for Special Events. The advertising ' devices or activities described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any advertising device in the public right -of -way. i 7) Air inflatable devices. 2 e. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. f. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 3 City of Oak Park Heights - Zoning Ordinance 401.15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. b. Any sign which contains or imitates an official traffic sign or signal. C. Off - premises signs. d. Business signs on or attached to equipment, such as semi -truck trailers, being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs. g. Roof signs. h. Signs displayed on vehicles within open sales lots. i. Any sign or display which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.G.8 of this Ordinance. j. Portable signs. k. Wall graphics. I. Beacons. M. Multi -faced signs. n. Signs supported by guy wires. o. Cabinet signs on buildings, except for logo signs. P. Signs and /or posts which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences of athletic facilities. q. All signs over four hundred (400) square feet in area. City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007.Oak Park Heights, MN 55082 Phone (651) 439 -4439 • Fax (651) 439 -0574 www.cityofoakparkheights.com Temporary "Special Event" Sign /Banner & Temporary Outdoor Sales Tent Permit Application PLEASE TYPE OR PRINT Applicant's Name: Title: Business Name: Address: Street City State Zip Phone: Fax: Other: Applicant Email Address: Type: Check All Applicable Banner _ Sign _ Balloon _ Tent _ Other: Descriptlon of Item(s),: Include message content, location, exact dimensions of item(s) and how it/they will be erected (e.g. banner attached to building wall). Please use the back of this application if you need additional room. For tent placement a site plan must be submitted with this application, showing location, number of parking spaces, if any displaced, etc. Date Item(s) Will Be Erected: Dated Item(s) Will Be Removed: ■ 5 Events Per Calendar Year ■ 10 Consecutive Days Maximum Per Event ■ 50 Days Maximum Per Calendar Year No Consecutive Event Periods By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The applicant further agrees to place and remove temporary signage as approved and notify the Code Enforcement Officer of any change to design, location or placement duration. Dated: Applicant's Signature For Office Use Oniv: Julie Hultman Date Issued: Planning & Code Enforcement Officer Duration: Direct: (651) 351 -1661 Accumulated Duration: FAX: (651) 439 -0574 Permit Fee: None Email: jhultman @cityofoakparkheights.com Permit Granted/Denied by: Reason for Denial (if denied): Temporary "Special Event" Sign /Banner & Temporary Outdoor Sales Tent Permit Application Page 2 Continued Description (from page 1): Site Plan: Site Plan —Additional Information: