HomeMy WebLinkAbout1987 Sign Setback Variance Requet - Denied RESOLUTION NO. 87 -9 -30
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION DENYING REQUEST FOR SIGN VARIANCE
FOR GREENBRIER OFFICE
WHEREAS, application has been made for variance from the
sign ordinance by the owners of the Greenbrier Office located
within the City of Oak Park Heights; and
WHEREAS, publication and mailing was duly held and
effected pursuant to ordinance and statute in such case made and
provided; and,
WHEREAS, public hearing was duly held on September 14,
1987, receiving comments from the public with regard to the
application for the variance; and,
WHEREAS, the City Council of the City of Oak Park
Heights has determined that there is no hardship as defined
within the context of the zoning code affecting the request for
such variance and that adequate provisions for signage are
allowed for within the text of the ordinance which the applicant
could meet and utilize.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Oak Park Heights as follows:
1. That the application for variance to the sign
ordinance of the City of Oak Park Heights submitted by the owners
of the Greenbrier Office are herewith denied.
Passed by the City Council of the City of Oak Park
Heights this 14th day of September, 1987.
/
rank 0. Sommerfel , Mayor
Attest:
a onne Wilson
City Clerk- Administrator
Check appropriate box: Fee
( ) Amendment: I-OD
( ) Rezoning $400.00 2'C
( ) Comprehensive Plan Amendment
( ) Conditional Use Permit n $300.00
( ) Variance v \Ofu
( ) Single Family $100.00
Yv Commercial $300.00 /.
( ) Subdivision $350.00
( ) Minor (See Sect 1.G, Sub. Ord.) $300.00
( ) Planned Unit Development ,
( ) Concept Plan $350.00
( ) General Plan /, J_ , $350.00
O ( z e
g/d s . Total $ 3c )
_,egal Description of Property: A / w. ( , S/,
Lot(s) Block(s) Addition(s)
(If metes and bounds - attach description.)
) escription of Request ftcna c i.s t./1 s c ( y-.+ — /z a// . c,r ,,, tic...., 0..,1
P . L I J, :r C f _.
f AC SG* -it /2. CQcc./240.#. c. --2 m./Ac n t o a C! f.-' No•.a. S' 44r-ill • 7
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1pplicant Name `tufts • /'(.(r ■Ce p ✓o n1,A..+ — Phone ./.? S_ e j f A—
Address ,if , 0/2. At.-c. AD a ,
City S/1' -c„ State 'v.,✓ Zip _ I t—
)wner: (If other than applicant)
/Name C ',' e',.., J r 1 4;AL 41-1.0.-AZ.Or•-r r Phone -
Address74 Qo X- eA_X -cr 11,...e.1-. •. Cam.. /1 /
Cit 2/6., ,,: 4-) Stated/AA) Zip rrlJ/
In signing this application, I hereby acknowledge that I have read and fully understand the
applicable provisions of the Zoning and Subdivision Ordinances and current administrative pro -
,edures. I further acknowledge the fee explanation as outlined in the application procedures
and hereby agree to pay a statements received ertaining to additional application expense.
Signature of Applicant , /1/( t c _.,-.. , 44., 1r Date - 7-0 1 -r-/ - 7
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ZOUR REQUEST WILL NOT BE SCHEDULED FOR PUBLIC HEARING OR CONSIDERATION BY CITY ADVISORY BODIES
.NTIL ALL REQUIRED INFORMATION HAS BEEN REVIEWED AND FOUND TO BE ADEQUATE BY CITY STAFF.
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__ 'S R SIGN PERMIT APPLICATION
Address: / Z r 6o 7 `� ST -�
Date: "r ' °.
Appl i cants Name: �/' /%/ /i47(' C ),L--- /C - . .5Aii C
Business Name and Use: /iF'O/ i�7 Y /V4`i/4.- LL --`,� 4-/1`
Phone NJr:Ser: 7.3%?= 7e /e.
ESTIMATED VALUE 5.5 co
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Name: 5 G' /e¢�
Property Omer hc.,�e: /t' 'iCG.,5
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Address:
hone Number: 7 37 7?/
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.nstallers Name: l� l/���/`� l�G��TICl/G
Address: ‘ L.4e6 C6O -4 .et
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Lot Size*
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Building Size*
Existing Signs and Sizes* k'8 �T, woo" 5///
Proposed Si gn **
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c 'a -ure of Applicant
T with specific !a //9/8 7
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a, p c dimensions and -locations on fol ,p p2ge 0 � .
* *Indicate placement on following pave and provide ccnstruction drawing AZ '3j1"
with all dimensions and details
CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, SEPTEMBER 14, 1987
Call to order by Mayor Sommerfeldt at 7 :00 P.M. Present:
Torgerson, Seggelke, Doerr, O'Neal, Eckberg and Wilson.
Tree removal bids were opened. O'Neal, seconded by Doerr, moved
to adopt Resolution #87 -9 -29 accepting low bid from Miller Tree
Service in the amount of $8650.00 for the removal of ninety -six
diseased trees. Roll call vote taken with 5 aye votes cast.
Resolution adopted.
O'Neal, seconded by Doerr, moved to return certified check in the
amount of $650.00 to Horak, Inc. for their bid on the above
project. 5 aye votes. Carried.
Clerk read public hearing notice, presented affidavit of
publication and mailing list on request for Greenbriar Office
sign variance. Mayor called for comments and discussi e .
Doerr, seconded by Torgerson, moved to close hearing. 5 aye
, k votes. Hearing closed.
Doerr, seconded by Torgerson, moved to adopt Resolution #87 -9 -30
denying the above request. Roll call vote taken with 5 aye votes
cast. Resolution adopted.
Clerk read public hearing notice, presented affidavit of
publication and mailing list on request from David Linguist for
rezoning. Mayor called for comments and discussion ensued.
O'Neal, seconded by Seggelke, moved to close hearing. 5 aye
votes. Hearing closed.
Seggelke, seconded by O'Neal, moved to adopt Resolution #87 -9 -31
approving rezoning from O -Open Space Conservation District to B-
2- General Business District with Parcel "B" being recognized as a
legally nonconforming land use. Roll call vote taken with 5 aye
votes cast. Resolution adopted.
Doerr, seconded by Seggelke, moved to table Esteban's variance
request. 5 aye votes. Carried.
O'Neal, seconded by Doerr, moved to authorize city insurance
carrier to change employee coverage from MSI to Blue Cross Gold
plan November 1, 1987. 5 aye votes. Carried.
O'Neal, seconded by Doerr, moved to adopt Resolution #87 -9 -32
appropriating $3000.00 from Contingency Fund to the Stillwater
Area Jaycees athletic complex. Roll call vote taken with 5 aye
votes cast. Resolution adopted.
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northwest associated consultants, inc.
1
PLANNING REPORT
TO: Oak Park Heights Mayor and City Council
FROM: Martha Greenwald /Curt Gutoske
DATE: 3 September 1987
RE: Greenbrier Sign Variance
FILE NO: 798.02 - 87.09
BACKGROUND
The owner of Greenbrier Office building, located at 14791 North 60th Street,
has filed a request for a variance from the setback requirements pertaining
to freestanding signs. The owner wants to replace an existing sign in poor
condition with a new sign at the same location. The current sign is set
back 17 feet from the property line, in the front yard of the property. The
new sign would measure 5 feet by 12 feet and would be internally lit. The
subject property is located in the "B -2" zoning district (see Exhibit A).
CONSIDERATIONS
1. Current Setback Standards. The sign ordinance specifies that signs must be
set back a distance of at least one -half the minimum front yard setback, which
is 40 feet in a B -2 District. In this case, the sign would have to be set back
at least 20 feet. The existing sign is set back 17 feet, and the applicant
wants to replace the existing sign in the current location. He argues that a
variance is merited because conformity with setback requirements would force him
to place the sign in the parking lots.
The existing sign is legally nonconforming.
2. Standards for Evaluating Sign Variances. The ordinance states that a conforming
sign may not be changed to another nonconforming sign. It also states that a
variance can be permitted if there is a demonstrated unique hardship caused by
topographical or some other site limitation.
The applicant is attempting to change a legally nonconforming sign to another
nonconforming sign.
The applicant states that compliance with setback requirements would place the
new sign in the parking lot. The site plan submitted does not bear this out
(see Exhibit B). The sign could be placed back an additional three feet, on the
4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925 -9420
Oak Park Heights Mayor al.
3 September 1987
Page Two
boundary between the paving and the grassy side yard, with no apparent i11
effect. This would bring it into conformance with ordinance standards.
RECOMMENDATION
It is recommended that the requested variance in front yard setback for a
new freestanding sign on the Greenbrier Office property be denied. It has
not been demonstrated that by placing the sign 20 feet or more back from
the front yard any unique hardship will occur.
The area of the proposed new sign conforms with ordinance requirements. In .
order to construct an illuminated sign, an electrical permit will be required.
CC: LaVonne Wilson
Frank Leier
Lyle Eckberg
Mike Dvorak
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CITY OF
OAK PARK HEIGHTS
14168-57th Street North - Box 2007
STILLWATER, MINNESOTA 55082
439 -4439
August 12, 1987
Stillwater Gazette
Stillwater, MN 55082
Gentlemen:
'Please publish the following on or before Friday, ,September 4, 1987.
NOTICE OF PUBLIC HEARING
SIGN VARIANCE
CITY OF OAK PARK HEIGHTS
NOTICE IS HEREBY - GIVEN, that the City Council of the City
of Oak Park Heights, Washington Co., ittN, shall conduct 'a public
hearing Monday,$eptember 14, 1987 At 7:00 P.M. Hearing to be
held At the City Ball, .14168 N. '57th St. to .consider a sign
variance request "submitted by Greenbriar Partners.
The real property affected by sand application is legally
described as , follows, 'to-wit:
2.9A PT .NE1)'4 ' `'NE3/4 ;COMM AT -NW COR OF +1E1 /4 OF TE1 /4
OF SEC -4 THEN 'S ALONG W LINE OF xNE1 /4 FOR 225.9 FT TO
PT OF . :BEG OF THIS DESC THEN CONT S ,ALONG , W LINE OF NE1/4
OF NE1 /4 290 FT THEN E PAR WITH :141 _LINE OF SD NE1 /4 FOR
1482.7 FT THEN BY A DEFLECT ANG TO LEFT OF 1.12DEG. 06' FOR
275.3 PT THEN N SPAR WITH SD W LINE OF +TE1 /4 FOR 10 TT
THEN W & PAR =WITH :QED N LINE OF SD ,NE1 /4 OF NE1 /4 FOR 55
FT THEN N & PAR WITH -SD _W LINE OF 'NE1 /4 OF - :NE1 /4 for 25 FT
THEN. W & `PAR WITH SD N LINE OF NE1 /4 OF NE1 /4 FOR 330 FT
TO PT OF SEG. EXC.:2220 SUBJ -TO EASE.
'Proponents and < =opponents -shall be -heard at -this time.
Dated this 12th day of August, '1987
BY ORDER OF THE CITY COUNCIL.
L - Vonne Wilson
City Administrator /Treasurer
•
Affidavit of Publication
STILLWATER EVENING GAZETTE
STATE OF MINNESOTA ) Evening Qazette, Sabi. 4,1937
)ss. 'NOTICE OF PUBLIC HEARING
COUNTY OF WASHINGTON )
-11i6N jFAR1#NQE --�
John Easton, being duly sworn, on oath says that he is the publisher or authorized agent O71KPMARIC1 '
and employee of the publisher of the newspaper known as Stillwater Evening Gazette, and Council of the HEREBY Oak Nk �ghts,
has full knowledge of the facts which are stated below: Washington Co., MN, shall conduct a public
hearing Monday, September
(A) The newspaper has complied with all of the requirements constituting qualification P.M. Hearing be held att City Hall, 11418
as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other ap- N. 57th St. to consider a sign variance - request
submitted by Greenbriar Partners.
plicable laws, as amended. The real property affected by said app9ca-
(B) The printed Notice of Public Hearing ton is legally described asfollbNs,to-wit
Cit of Oak Park Hei•hts 2.9APTNE1 /4 OF NE1/4 COMM AT
NW COR OF NE1 /4 OF '4E1/4 OF
Re: Sign Variance SEC 4 THEN S ALONG W LINE OF
which is attached was cut from the columns of said newspaper, and was printed and BNE1/4 FOR FT TO PT OF
S
BEE G OF-THIS DESC SC THEN CONT S
published once each week, for one successive days --; it was first ALONG W LINE OF NE1 /4 OF NE1 /4
published on Friday , the 4th day of September , 290 FT THEN E & PAR WITH N LINE
OF SD NE1 /4 FOR 482.7 FT THEN
19 , and was thereafter printed and published on every - - -- to and in- BY A DEFLECT ANG TO LEFT OF
chiding the - -- day of 19 — and 112DEG.06' FOR 275.3 FT THEN N &
PAR WITH SD W LINE OF NE1 /4
printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is FOR 10 FT THEN W & PAR WITH SD
acknowledged as being the size and kind of N LINE OF SD NE1 /4 OF NE1 /4 FOR
hereby type used in the composition and 55 FT THEN N & PAR WITH SD W
publication of the notice: LINE OF NE1 /4 OF NE1 /4 FOR 25 FT
abcdefghijklmnopqrstuvwxyz THEN W 3 PAR WITH SD N LINE CF
NE1 /4 OF NE1 /4 FOR 330 FT TO PT
B ■ OF BEG. EXC. 2220 SUBJ TO EASE.
TI . -- Publisher ✓Pro ponents and opponents shall be heard
at this time.
Subscribed and sworn to before • e on this Dated this 12th day of August, 1987
4 th day of September BY ORDER OF THE CITY COUNCIL.
19 87 hi/ La Vcnne Wilson • L Vonne Wilson
BEVERLY HARVIEUX AdministratarfTreasutw
.. / _ �" "- il � t t NOTARY PUBLIC - MINNESOTA •
Notary Publi / VASHINGTON COUNTY
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My Commission Expires Feb. 28,1991
RATE INFORMATION
(1) Lowest classified rate paid by corn- � • merc ial users for comparable space s Sb
(Line, word, or inch rate)
(2) Maximum rate allowed by law for the $ / 7. ‘4
above matter
(Line, word, or inch rate)
(3) Rate actually charged for the above /"7 4O j
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matter S /
(Line, word, or inch rate)
Received Payment 19
STILLWATER EVENING GAZETTE
By
CITY OF
OAK PARK HEIGHTS
14168 - 57th Street North
Oak Park Heights, Minnesota 55082
NOTICE TO PROPERTY OWNER
A public hearing has been scheduled at the Oak Park Heights City Hall,
14168 North 57th Street on Monday, Sept. 14 , 1987 at 7:00 P.M.
The purpose of the hearing is to consider development request appli-
cations for the property located at: 14791 North 60th St., Oak
Park Heights, MN
The requests being considered are checked and identified below:
Rezoning
Subdivision
Conditional Use Permit
XX Variance - Sign - To be placed outside setback requirements of the
• City Ordinance.
For information on the development request, please contact La Vonne
Wilson, City Administrator at 439 -4439 during regular office hours.
o I
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CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, AUGUST 10, 1987
Call to order by Mayor Sommerfeldt at 7:00 P.M. Present:
Torgerson, Seggelke, Doerr, Eckberg and Wilson. Absent: O'Neal.
Continued public hearing opened on request from Scenic Valley
Realty for side yard variance. Mayor called for comments.
Torgerson, seconded by Seggelke, moved to close hearing. 4 aye
votes. Hearing closed.
Torgerson, seconded by Doerr, moved to grant the above variance
as explained. Roll call vote taken with 4 aye votes cast.
Variance granted.
Seggelke, seconded by Torgerson, moved to schedule a public
hearing Monday, September 14, 1987 at 7:00 P.M. on request from
David Linguist for rezoning from Open Space Conservation District
to B -2 General Business District. 4 aye votes. Carried.
Seggelke, seconded by Doerr, moved to adopt Resolution #87 -8 -26
instructing City Engineer to prepare plans and specifications for
1987 Seal Coat Project. Bids to be opened Wednesday, August 18,
1987 at 10:00 A.M. Roll call vote taken with 4 aye votes cast.
Resolution adopted.
Doerr, seconded by Seggelke, moved to schedule budget meeting
Wednesday, September 9, 1987 at 7:00 P.M. 4 aye votes. Carried.
Howard Preston discussed traffic study with the councilmembers.
No action taken at this time.
Torgerson, seconded by Doerr, moved to approve minutes of July
13th and 27th as presented. 4 aye votes. Carried.
Torgerson, seconded by Doerr, moved to close gate at top of hill
in Valley View Park permanently and opened only upon request. 4
aye votes. Carried.
D oerr, seconded by Torgerson, moved to schedule a public hearing
Monday, September 14, 1987 at 7:00 P.M. on request for sign
variance on Greenbrier Office Building. 4 aye votes. Carried.
Seggelke, seconded by Torgerson, moved to approve Greenbriar
Apartment sign request. 4 aye votes. Carried.
Doerr, seconded by Seggelke, moved to approve application for
raffles from St. Croix Valley Chapter of Ducks Unlimited
September 10, 1987. 4 aye votes. Carried.
Mins. 5/26/87
Page two -
Doerr, sec by Seggelke moved to accep
he findings of
the Board of Review and for to County. aye votes. Carried.
Doerr, sec by Seggelke, moved to authoe the employment of
Dennis Watson as computer programmer. 4 aytes. Carried.
Torgerson, seconded by Seggelke, moved to redule a public
hear:ieg for si gn set back variance at Green Office Bldg.
for Monday, June 22, 1987 at 7:00 P.M. 4 aye votes. Carried.
Seggelke, seconded by Torgerson, moved to adjourn. 4 aye votes.
Adjourned at 9:35 P.M.
�a- .�la..,.�)
�a' Vorne Wi son
Administrator /Treasurer
•
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CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, MAY 11, 1987
Call to order by Mayor Sommerfeldt at 7:00 P.M. Present: Doerr,
Seggelke, Torgerson, O'Neal, Eckberg and Wilson.
Clerk read public hearing notice, presented affidavit of
publication and mailing list on request for rezoning and
conditional use permit from Robert Hagstrom (Orchard Park
Project.) Mayor called for comments and discussion ensued.
O'Neal, seconded by. Torgerson, moved to close hearing. 5 aye
votes. Hearing closed.
Seggelke, seconded by Doerr, moved to adopt Resolution #87 -5 -9
accepting rezoning on above property to Residential /Business
Transitional (R -B). Roll call vote taken with 5 aye votes cast.
Resolution adopted.
O'Neal, seconded by Torgerson, moved to adopt Resolution #87 -5 -10
granting the conditional use permit on the above project subject
to City Engineer's report. Roll call vote taken with 5 aye votes
cast. Resolution adopted.
•
Continued hearing on request from Francis Development for
rezoning request. Mayor called for comments and O'Neal, seconded
by Doerr, moved to close hearing. 5 aye votes. Hearing closed.
Doerr, seconded by Torgerson, moved to adopt Resolution #87 -5 -11
reclassifying zoning on above request from RB to B2. Roll call
vote taken with 5 aye votes cast. Resolution adopted.
Doerr, seconded by O'Neal, moved to accept bid from Stillwater
Ford for 1987 F250 Pickup with 8 ft. snow plow at a cost of
$14,161.00. Any remaining balance to be taken from General Fund.
5 aye votes. Carried.
O'Neal, seconded by Seggelke, moved to schedule public hearing
for sign set back variance at Greenbriar Offi a Bldg. Tuesday,
May 26, 1987 at 7:00 P.M. 5 aye votes. Carried
O'Neal, seconded by Doerr, moved to adopt Reso ution #87 -5 -12
authorizing Clerk to devise application for wagon vendors as
specified in Ordinance #1401. Fee for first year to be $25.00
and $10.00 each succeeding year. Roll call vote taken with 5 aye
votes cast. Resolution adopted.
Torgerson, seconded by Doerr, moved to direct .Clerk to contact
City Engineer requesting them to proceed with city street study.
5 aye votes. Carried.
.
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