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HomeMy WebLinkAboutHPC Resolution 2023-24 (RESOLUTION GRANTING DESIGN APPROVAL IN THE DOWNTOWN DESIGN REVIEW DISTRICT FOR A GRAPHIC DESIGN SIGN AT 312 MAIN STREET SOUTH (CD CASE NO. 2023-41))City of Stillwater Washington County, Minnesota RESOLUTION HPC 2023-24 RESOLUTION GRANTING DESIGN APPROVAL IN THE DOWNTOWN DESIGN REVIEW DISTRICT FOR A GRAPHIC DESIGN SIGN AT 312 MAIN STREET SOUTH (CD CASE NO. 2023-41) WHEREAS, the City of Stillwater received a design review application from Nacho Mama's (Todd Neal) ("Applicant"), located on the rear facade of 312 Main Street South, legally described in Exhibit A (the "Property"), regarding the installation of Graphic Design Sign ("Graphic Design Sign") located in the Downtown Stillwater Design Reivew District; and WHEREAS, the on August 16, 2023, the Heritage Preservation Commission for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the Heritage Preservation Commission of the City of Stillwater hereby approves the installation of the Graphic Design Sign located in the Downtown Stillwater Design Review District. The approval of the design is based on the following findings: FINDINGS The proposed design meets the requirements of the Stillwater Design Guidelines and the City Code. 1. Section 31-101 of the Stillwater City Code defines Graphic Design Signs as, "any mural or pictorial scene or graphic design painted on the side of a wall or building or painted on a sign board affixed to a wall and in which a mural or scene has its purpose artistic effect. A Graphic Design Sign is a non-commercial speech sign." 2. Per City Code Section 31-509(8), the Graphic Design Sign is being placed on a contributing building to a historic district (Stillwater Commercial Historic District), but is not being placed on any historic brick or masonry. 3. Per the Stillwater Design Guidelines, the Graphic Design Sign should not advertise a new business or company; however, the Graphic Design Sign does advertise the name of the business. 4. While the Stillwater Design Guidelines suggest that the Graphic Design Sign have a historic theme, this is not a required standard. The City cannot regulate content beyond commercial speech and non-commercial speech. The City can only regulate time, place, and manner. 5. The Graphic Design Sign is a repainting and expansion of an existing, approved Graphic Design Sign; however past approvals did require the removal of the business name. 6. On August 2, 2023, the Stillwater City Council met to provide direction on design guidelines for Graphic Design Signs and provide the following interim guidance: a. The City should allow expanded flexibility in terms of theme and style but should relate to the context of the building, its use, or the historic fabric of Downtown Stillwater. b. Graphic Design Signs should be allowed on rear facades only, with limited opportunities for side facades. Graphic Design Signs should not be allowed on front fagade storefronts. CONDITIONS OF APPROVAL Any proposed Graphic Design Signs shall not be applied to any historic brick, masonry or wood surface. 2. Graphic Design Signs shall not advertise for any product, business or company. 3. Graphic Design Signs shall be maintained by the Applicant in order to ensure that they remain in good condition, absent of peeling or any other deterioration. 4. The business name must be removed from the Graphic Design Sign. Adopted by the Heritage Preservation Commission this 16th day of August, 2023. CITY OF STILLWATER Matt Thueson, Heritage Preservation Commission Chair ATTEST:, Tini Gladhill, Community Development Director 2 EXHIBIT A Legal Description of the Applicant's Property Torrens Property Type Parcel ID: 2803020410060, Parcel ID: 2803020410061, Parcel ID: 2803020410062