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HomeMy WebLinkAboutResolution PC2023-22 (RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL OF A CONDITIONAL USE PERMIT FOR A GRAPHIC DESIGN SIGN AT 212 MAIN STREET NORTH (CD CASE NO. 2023-40))City of Stillwater Washington County, Minnesota RESOLUTION PC 2023-22 RESOLUTION GRANTING CONDITIONAL USE PERMIT APPROVAL OF A CONDITIONAL USE PERMIT FOR A GRAPHIC DESIGN SIGN AT 212 MAIN STREET NORTH (CD CASE NO. 2023-40) WHEREAS, the City of Stillwater received a conditional use permit application from Candyland (Brandon Lamb) ("Applicant'), located at the rear alley of 212 Main Street North, legally described in Exhibit A (the "Property"), regarding the installation of Graphic Design Sign ("Graphic Design Sign"); and WHEREAS, on August 23, 2023, the City Planning Commission for the City of Stillwater considered the request. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the conditional use permit for the installation of the Graphic Design Sign located in the Central Business District. The approval of the conditional use permit is based on the following findings: 1. 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. 2. Any additional conditions necessary for the public interest have been imposed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 4. Per the Stillwater Design Guidelines, the Graphic Design Sign does not advertise a new business or company. 5. 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. 6. The Graphic Design Sign is not located in the Stillwater Commercial Historic District. The Graphic Design Sign is being proposed on a rear fagade on a non - character defining element of the building. 7. 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 1. Plans must be in substantial compliance with those included in the packet for the April 26, 2023 Planning Commission Agenda. 2. Minor Changes, as defined by City Code, may be made administratively by the Community Development Director. Major Changes, as defined by City Code, must be approved by the Planning Commission. Adopted by the City Planning Commission this 23rd day of August, 2023. CITY OF STILLWATER 4(' e-A�' n Dybvig, Ci ning Commission Iair AT R4 Gladhill, Community "I— Timevelopment Director 2 EXHIBIT A Legal Description of the Applicant's Property Parcel ID: 28-030-20-14-0043 Situs Address = 212 Main St N All that part of Block Eighteen (18) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point in the West line of Main Street, extended 71 feet Northerly, measuring along said West line of Main Street from the North line of Commercial Avenue, and running thence Westerly on a line parallel with the North line of Commercial Avenue,84 feet; thence Northerly on a line parallel with said West line of Main Street 23 feet; thence Easterly on a line parallel with said North line of Commercial Avenue 84 feet to said West line of Main Street; thence Southerly along said West line of Main Street, 23 feet to the place of beginning. As amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878. Torrens property Parcel ID: 28-030-20-14-0044 Situs Address = Null All that part of Block Eighteen (18) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point in the West line of Main Street, Ninety-four (94) feet North, measuring along said West line of Main Street from the North line of Commercial Avenue; thence running Westerly parallel with the North line of Commercial Avenue, Eight -four (84) feet; thence Northerly parallel with said West line of Main Street to the point of intersection with a line drawn Easterly and parallel with Myrtle Street, from a point in the East line of Second Street, Three (3) feet Northerly, measuring along said East line of Second Street, from the Northwest corner of Lot Seven (7) in said Block Eighteen (18); thence Easterly parallel with said Myrtle Street to the West line of Main Street; and thence Southerly along said West line of Main Street to the place of beginning, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. Abstract property