HomeMy WebLinkAbout2012-08-23 CC Resolution 12-08-31 RESOLUTION NO. 1 2
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 BY KOWALSKI'S MARKET AND WINE SHOP FOR A
VARIANCE FOR ONE ADDITIONAL WALL SIGN AND TO
EXCEED THE ALLOWABLE SIGN AREA TO ALLOW AN
ADDTITIONAL WALL SIGN AT 5801 NEAL AVENUE NORTH BE
APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Kowalski's
Market and Wine Shop for a Variance to allow one additional wall sign and to exceed the
allowable sign area at 5801 Neal Avenue 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 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 PUD Commercial Planned Unit Development.
Requests to add additional wall signs over the two allowed and to exceed the allowable
sign area require a variance; and
4. Design Standards /Site Plan review and well as a signage variance was
granted for the Kowalski's store in 2004. The variance allowed a total of four signs for
the building, two for Kowalski's and two for Starbucks. In 2005, another variance was
granted to Kowalski's to allow for additional signage on the shopping centers pylon sign
and to increase the allowable signage for the store to 520 square feet; and
5. The applicants have requested a sign variance to allow for one additional
wall sign of 18 square feet on the building and to increase the allowable sign area to 675
square feet; and
6. City staff prepared a planning report dated August 8, 2012 reviewing the
request; and
7. Said report recommended approval of the Variance for one additional wall
sign and to increase the allowable signage for the store to 675 square feet subject to the
fulfillment of conditions; and
8. The Planning Commission held a public hearing at their August 16, 2012
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the request be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Kowalski's Market and Wine Shop for a Variance
to allow one additional wall sign and to exceed the allowable sign area at 5801 Neal
Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approval of the Variance for the one
wall sign and to exceed the allowable sign area is based on the following findings of fact:
1. The applicants have proposed an additional wall sign of 18 square feet to
allow identification of the entrance to the Kowalski's wine shop.
2. The applicants have also proposed increasing the allowable sign area for
the store to 675 square feet.
3. State law requires a separate exterior entrance for the wine shop. The
applicants have indicated that identification of this entrance is necessary
for their customers.
4. The applicants have indicated that not allowing an exterior sign for the
wine shop would cause an undue hardship for their business and the ability
of customers to locate the wine shop entrance.
5. Due to the location of this business in that it is not visible from Highways
5 and 36 and has limited visibility from 58 Street, there is justification to
allow additional signage for the Kowalski's Market and Wine Shop.
2
6. The building is located in the Destination Retail Highway Sign District in
which allowances have been made because of the lack of visibility to this
retail area from major roadways.
The application is approved by the City Council of the City of Oak Park Heights subject
to the following conditions:
1. The Planning Commission was favorable to the sign variance and the
increase in allowable signage based upon the fmdings of fact outlined
within their recommending resolution.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
3. The total allowable signage for Kowalski's Market, The Wine Shop
and Starbucks shall not exceed 675 square feet.
Approved by the City Council of the City of Oak Park Heights this 23rd day of
August, 2012. 9
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MT : St, Mayor
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ric ' r. J5i in . , City Administrator
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ATTACHMENT A
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Variance for One Additional Wall Sign
To Exceed Allowable Sign Area
Kowalski's Market & Wine Shop
5801 Neal Ave. N.
Legally described as: Lot 2, Block 1, Subdivision Cd 00202
Washington County GEO Code: 06.029.20.11.0011
ATTACHMENT B
XA
y a
Sign Variance
For Kowalski's Market & Wine Shop
5801 Neal Ave. N.
Application Materials
• Application Form
• Fees
• 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: August 16, 2012
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 this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.4.0 .1 — 401.4.C.2)