HomeMy WebLinkAboutResolution PC2023-23 (RESOLUTION GRANTING CONDITIONAL USE PERMIT 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 PC 2023-23
RESOLUTION GRANTING CONDITIONAL USE PERMIT 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, on August 16, 2023, the Heritage Preservation Commission for the
City of Stillwater considered the request and approved the design; and
WHEREAS, on August 23, the Planning 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. The proposed structure or use conforms to the requirements and the intent of this
chapter, and of the comprehensive plan, relevant area plans and other lawful
regulations
4. Any additional conditions necessary for the public interest have been imposed
5. The use or structure will not constitute a nuisance or be detrimental to the public
welfare of the community
6. 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.
7. 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.
8. 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.
9. 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 Planning Commission this 23rd day of August, 20023.
CITY OF STILLWATER
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Joh Dybvig, Plan ng mmission
Ctfair
ATT ST:
Tim ladhill, Community Development Director
2
EXHIBIT A
Legal Description of the Applicant's Property
Parcel ID: 2803020410060
Situs Address = 312 Main St S
All that part of Lot Seven (7), in Block Twenty-nine (29) of the Original Town (now City)
of Stillwater, described as follows, to -wit:
Beginning at a point Fifteen (15) feet North of the Southeast comer of said Lot Seven
(7) and running thence North along the West line of Main Street, Twenty-three (23) feet
and Eight (8) inches, thence West One Hundred (100) feet; thence South Twenty-three
(23) feet and Eight (8) inches to a point Fifteen (15) feet North of the South line of said
lot and thence East One Hundred (100) feet to the place of beginning; and also;
Commencing on the North line of Nelson Alley One Hundred Ten (110) feet West of the
West line of Main Street; thence West on the North line of Nelson Alley Thirty-four (34)
feet; thence North parallel with the West line of Main Street Fortyseven (47) feet and
Four (4) inches; thence East parallel to the North line of Nelson Alley Thirty-four (34)
feet; thence South parallel with the West line of Main Street Forty-seven (47) feet and
Four (4) inches to the place of beginning, according to the recorded piat thereof, and
situate in Washington County, Minnesota,
EXCEPT
All that part of Lot 7, Block 29, of the original town, now City of Stillwater, Washington
County, Minnesota, described as follows to -wit:
Commencing at the Southeasterly corner of said Lot 7, thence North 17 degrees 47
minutes 11 seconds West, assumed bearing, along the easterly tine thereof,62.63 feet
to a Judicial Landmark and the point of beginning of the parcel being described; thence
South 17 degrees 47 minutes 11 seconds East along the easterly line 23,81 feet to a
Judicial Landmark; thence South 72 degrees 12 minutes 49 seconds West along a line
hereinafter referred io as "Line A" 100.36 feet to a point hereinafter referred to as "Point
A" and the end of "Line A" being described; thence South 17 degrees 21 minutes 33
seconds East along a line hereinafter referred to as "Line B" 23,70 feet to a Judicial
Landmark and the end of "Line 8" being described; thence South 72 degrees 26
minutes 56 seconds West 11,50 feet to a Judicial Landmark; thence North 18 degrees
03 minutes 26 seconds West along a line hereinafter referred to as "Line G" 25.23 feet
to a Judicial Landmark at a point hereinafter referred to as "Point B" and the end of tine
C" being described; thence North 72 degrees 12 minutes 49 seconds East 1.50 feet to a
Judicial Landmark; thence North 17 degrees 41 minutes 40 seconds West 2.0.98 feet to
a Judicial Landmark -,thence continuing North 17 degrees 41 minutes 40 seconds West
1.25 feet, more or less, to the intersection with a line which bears South 72 degrees 12
minutes 49 seconds West from the point of beginning, said line being hereinafter
referred to a"Line D";thence North 72 degrees 12 minutes 49 seconds East along said
"Line D" 110.62 feet, more or less, to the point of beginning, Washington County,
Minnesota.
Abstract Property (No Abstract provided or found)
Parcel ID- 2803020410061
Situs Address = 310 Main St S
All that part of Lot 7, Block 29, of the original town, now City of Stillwater, Washington
County, Minnesota, described as follows to -wit:
Commencing at the southeasterly comer of said Lot 7, thence North 17 degrees 47
minutes 11 seconds West, assumed bearing, along the easterly line thereof, 62.63 feet
to a Judicial Landmark and the point of beginning of die parcel being described; thence
South 17 degrees 47 minutes 11 seconds East along said easterly line 23.81 feet to a
Judicial Landmark; thence South 72 degrees 12 minutes 49 seconds West along a line
hereinafter referred to as "Line A" 100.36 feet to a point hereinafter referred to as "Point
A", and the end of "Line A' being described; thence South 17 degrees 21 minutes 33
seconds East along a line hereinafter referred to as "Line B" 23.70 feet to a Judicial
Landmark and the end of "Line B" being described; thence South 72 degrees 26
minutes 56 seconds West 11.50 feet to a Judicial Landmark; thence North 18 degrees
03 minutes 26 seconds West along a line hereinafter referred to as "Line C" 25.23 feet
to a Judicial Landmark at a point hereinafter referred to as "Point B" and the end of
"Line C" being described; thence North 72 degrees 12 minutes 49 seconds East 1.50
feet to a Judicial Landmark; thence North 17 degrees 41 minutes 40 seconds West
20.98 feet to a Judicial Landmark; thence continuing North 17 degrees 41 minutes 40
seconds West 1.25 feet, more or less, to the intersection with a line which bears South
72 degrees 12 minutes 49 seconds West from the point of beginning, said line being
hereinafter referred to as "Line D", thence North 72 degrees 12 minutes 49 seconds
East along said "Line D" 110.62 feet, more or less, to the point of beginning.
Torrens property.
Parcel ID- 2803020410062
Situs Address = Null
All that part of Lot Seven (7), in Block Twenty-nine (29) of the Original Town (now City)
of Stillwater, described as follows, to -wit:
Beginning at a point Fifteen (15) feet North of the Southeast comer of said Lot Seven
(7) and running thence North along the West line of Main Street, Twenty-three (23) feet
and Eight (8) inches, thence West One Hundred (100) feet; thence South Twenty-three
(23) feet and Eight (8) inches to a point Fifteen (15) feet North of the South line of said
lot and thence East One Hundred (100) feet to the place of beginning; and also;
Commencing on the North line of Nelson Alley One Hundred Ten (110) feet West of the
West line of Main Street; thence West on the North line of Nelson Alley Thirty-four (34)
Ell
feet; thence North parallel with the West line of Main Street Forty-seven (47) feet and
Four (4) inches; thence East parallel to the North line of Nelson Alley Thirty-four (34)
feet; thence South parallel with the West line of Main Street Forty-seven (47) feet and
Four (4) inches to the place of beginning, according to the recorded plat thereof, and
situate in Washington County, Minnesota,
EXCEPT
All that part of Lot 7, Block 29, of the original town, now City of Stillwater, Washington
County, Minnesota, described as follows to -wit:
Commencing at the Southeasterly corner of said Lot 7, thence North 17 degrees 47
minutes 11 seconds West, assumed bearing, along the easterly tine thereof,62.63 feet
to a Judicial Landmark and the point of beginning of the parcel being described; thence
South 17 degrees 47 minutes 11 seconds East along the easterly line 23,81 feet to a
Judicial Landmark; thence South 72 degrees 12 minutes 49 seconds West along a line
hereinafter referred to as "Line A" 100.36 feet to a point hereinafter referred to as "Point
A" and the end of "Line A" being described; thence South 17 degrees 21 minutes 33
seconds East along a line hereinafter referred to as "Line B" 23,70 feet to a Judicial
Landmark and the end of "Line B" being described; thence South 72 degrees 26
minutes 56 seconds West 11,50 feet to a Judicial Landmark; thence North 18 degrees
03 minutes 26 seconds West along a line hereinafter referred to as "Line G" 25.23 feet
to a Judicial Landmark at a point hereinafter referred to as "Point B" and the end of line
C" being described; thence North 72 degrees 12 minutes 49 seconds East 1.50 feet to a
Judicial Landmark; thence North 17 degrees 41 minutes 40 seconds West 20.98 feet to
a Judicial Landmark; thence continuing North 17 degrees 41 minutes 40 seconds West
1.25 feet, more or less, to the intersection with a line which bears South 72 degrees 12
minutes 49 seconds West from the point of beginning, said line being hereinafter
referred to a "Line D"; thence North 72 degrees 12 minutes 49 seconds East along said
"Line D" 110.62 feet, more or less, to the point of beginning, Washington County,
Minnesota.
Abstract Property (No Abstract provided or found)
I: