HomeMy WebLinkAbout2008-10-13 PC Packet
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THE BIRTHPLACE OF MINNESOTA ~
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
MONDAY, OCTOBER 13, 2008
The CitY. of Stillwater Planning Commission will meet on Monday, October 13l 2008, at 7 p.m. in the
Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning
Commission regular meetings are held at 7 p.m on the second Monday of each month. All City
Planning Commission meetings are open to the public.
AGENDA
1. CALL TO ORDER
2. APPROVAL OF SEPTEMBER 8,2008 MINUTES
3. PUBLIC HEARINGS. Public Hearings are held during the Planning Commission's regular
meetings. The Chairperson opens the hearing and will ask City Staff to provide background on the
proposed item. After the staff presentation, the Chairperson will then ask for comments from the
applicant on the proposed item. The Chairperson will then ask if there is anyone present who
wishes to speak for or against the proposed item. The Chairperson may require a time limit on the
number of minutes each member of the public may speak, normally five minutes. Members of the
public who wish to speak will be requested to step forward to the podium and must state their
name and address. At the conclusion of all public testimony the Commission will close the public
hearing and will deliberate and take action on the proposed item.
Case No. 08-40. A street vacation request for a 166 x 30 foot portion of Panama Avenue
and a 82 x 60 foot portion of Hubert St In the AP, Agricultural Preservation District.
Washington County Public Works, applicant. Continued from the September 8, 2008 meeting.
Case No. 08-44. A variance request for the height regulations from an adjacent structure
for the final phase of Maple Island located at 225 Main Street North in the CBD, Central
Business District. Mainstream Development LLC, Vern Stefan, applicant.
4. OTHER BUSINESS
3.01
3.02
4.01 Discussion on Business Park signage.
CITY HAll: 216 NORTH FOURTH STREET . STillWATER, MINNESOTA 55082
PHONE: 651-430-8800 . WEBSITE wwwcistillwater.mn.us
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City of Stillwater
Planning Commission
September 8, 2008
Present: Dave Middleton, chairperson, Mike Dahlquist, Dan Kalman, Wally Milbrandt and
Charles Wolden
Staff present: Community Development Director Turnblad and Planner Pogge
Absent: Suzanne Block, Erica Fultz, Taylor Luke and David Peroceschi
Chair Middleton called the meeting to order at 7:05 p.m.
Approval of minutes: Mr Dahlquist rnoved approval of the minutes of Aug. 11, 2008. Mr.
Milbrandt seconded the motion; motion passed 5-0
PUBLIC HEARINGS
Case No. 08-28 A request for a senior care living facility at 12525 751h St. N. The specific
request is for approval of 1) A City Code text amendrnent to allow senior care living facilities by
Special Use Permit (SUP) in the Shoreland Overlay District; 2) a SUP for a 101-unit senior care
facility in the Shoreland Overlay District and the RB. Two Family Residential District; 3) a
rezoning of the property from AP, Agricultural Preservation, to RB, Two Family Residential; 4) a
preliminary plat; and any related variances. Greg Johnson, applicant. Continued from the Aug.
11, 2008, meeting.
Greg Johnson, applicant, was present. Mr Turnblad gave an overview of the proposal, noting
that there were four issues remaining from the previous consideration: rezoning options,
architecture, landscaping to the south, and lighting. Regarding the issue of rezoning, Mr
Turnblad said staff is recomrnending the parcel be rezoned to RB, Two Family Residential,
pointing out that the RB zoning is the most consistent and rneets six of the seven standards _
lot size, use, building height, impervious coverage, Comprehensive Plan consistency, spot
zoning and whether senior living facilities are allowed. Mr. Turnblad noted that the applicant has
addressed the concerns regarding views from the southern property owner with plantings and
berms.
Mr Wolden expressed a concern about the RB zoning, saying he was worried about the
transition of zoning into the City. Mr. Milbrandt suggested rezoning the property to LR,
Lakeshore Residential and allowing the use with a Special Use Permit, pointing out that are very
few other LR-zoned properties in the City that would be affected by the change. Mr. Middleton
asked if there had been any discussion regarding the sewer line and possible impact to a row of
mature trees; the plan is to bring the sewer line along the Rutherford School ball fields and then
up to the property, it was stated.
Mr. Johnson said they did go back and review the architecture of the building and came up with
some revised sketches to address the Commission's previous concerns. Regarding zoning, Mr.
Johnson said they would not be averse to placing a deed restriction on the property regarding
re-use if that would address sorne of the Commission's concerns. Mr. Johnson stated the
lighting issue will be addressed before final plans are submitted, and he stated they had spoken
with School District 834 regarding an easement for the placernent of the sewer line. Mr.
Johnson also referred to their plans to address the concerns of the property owner to the south
with plantings and berm.
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City of Stillwater
Planning Commission
September 8, 2008
Mr. Middleton opened the public hearing.
Don McKenzie, 12620 nnd Sl. N., said he appreciated the landscaping changes to address his
concerns. However, he stated the 1 01-unit structure is totally new and different to this area and
will change the character of the area, especially of the two parcels to the south. He said the
proposal will substantially reduce the value of the abutting properties for single-family use and
will set a precedent for high density developments.
Lenard Huebscher, 12525 75'h Sl. N., spoke of the need for such a facility as the one being
proposed.
No other comments were received, and the hearing was closed.
Mr Milbrandt stated he was comfortable with the revised architectural sketches, with the beige-
beige color scheme; other members agreed with that assessment Mr. Milbrandt stated he was
most concerned with the zoning and the recommendation to zone the property RB, speaking in
favor of the LR zoning, noting there are very few LR properties left in the City that would be
affected. Mr Dahlquist agreed with the suggested LR zoning, saying he was uncomfortable with
the RB zoning, specifically in regard to a possible re-use of the building. Mr. Wolden spoke in
favor of RA zoning as being consistent with the zoning of the properties to the east (Croixwood).
Mr. Milbrandt moved approval as conditioned, changing the zoning from AP to LR, allowing the
use in the Lakeshore Management Overlay District by SUP, approving an SUP for a 101-unit
senior care facility in the Lakeshore Management Overlay District, and preliminary plat approval
of a two-lot subdivision Mr Dahlquist seconded the motion; motion passed 5-0.
Case No. 08-31 Mr Pogge stated the City Council has authorized a review of the sign
regulations in the Business Park Commercial District, and the applicant has agreed to an
extension of the review deadline. Therefore, he said the recommendation is to table this case to
the Commission's December meeting. Mr. Dahlquist, seconded by Mr. Wolden, moved to table
case No. 08-31 as recommended; motion passed unanimously.
Case No. 08-39 A zoning text amendment to Section 31-204, Subd. 6(a)(1) of the Zoning Code
to allow a Special Use Permit or a Conditional Use Permit to have a longer validity period than
two years for phased projects. City of Stillwater, applicant. Continued from the Aug. 11, 2008,
meeting.
Mr. Pogge reviewed three options staff had prepared for the Commission's consideration:
option 1, the original option presented to the Commission on Aug. 11, which provides for a
longer time period to complete a project when it is accompanied with a phasing plan; option 2,
based on the PUD ordinance, this provides for concept plan approval for staged developments
that extend beyond a two-year period, but require a public hearing for future phases developed
after two years or not given final plan approval with the concept plan; and option 3, which allows
a longer time period to complete a project but limits approvals to five years; a property owner
can request that a permit be extended once for up to five additional years.
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City of Stillwater
Planning Commission
September 8, 2008
Mr. Milbrandt noted that in option 1, a developer comes before the Commission/City once and
limits public input on a lengthy project to just one public hearing. Mr. Middleton noted that there
is no timeframe in option 1 and things change after the Commission/City makes a commitment
for 30 years. Mr. Pogge pointed out that developer's plans could change, too, and that would
require review by the approving authority. Mr. Wolden questioned what would trigger the
requirement for review by the approving authority - how big a change in plans would have to be
made.
Mr. Middleton opened the public hearing; no comments were received, and the hearing was
closed. Mr. Milbrandt spoke of the fundamental change being proposed in option 1, that if a
developer comes forward with a master plan for a staged development, there is just one public
hearing and plans never come back for public discussion. Mr. Milbrandt said that is too
fundamental a difference in philosophy and moved approval of option 2. Mr. Dahlquist seconded
the motion; motion passed 5-0.
Case No. 08-40 Mr. Pogge stated at the request of Oak Park Heights, the recommendation is to
table this case until the Commission's October meeting. Mr. Wolden, seconded by Mr.
Milbrandt, moved to table Case No. 08-40 as recommended; motion passed unanimously.
Case No. 08-41 A variance request for construction of a two-car garage at 1 Ridge lane in the
RA, Single Family Residential District. Michael Sheehy, applicant.
The applicant and his architect, John Abbott, were present. Mr. Pogge reviewed the site, which
is an irregular shaped lot and involves substantial slopes. Mr. Pogge reviewed two alternative
options for the placement of the garage. Mr. Sheehy spoke in favor of his preferred location,
noting that it is sensitive to the neighbors' views of the river. He stated as proposed, the garage
will be 6' from the retaining wall at one corner and on average will be 16' from the wall; he spoke
of the construction and durability of the retaining wall and said he would be willing to consult
with engineers regarding any potential engineering issues.
Mr. Middleton opened the public hearing. John Deleon, representing his mother, Joan DeLeon,
5 Ridge Lane, spoke in favor of Mr. Sheehy's proposed location for the garage, saying the other
options would remove the view of the river and be detrimental to the value of his mother's
property. No other comments were received, and the hearing was closed.
Mr. Dahlquist noted this is a tough site and said he was concerned with the proposed location's
proximity to the retaining wall. Mr. Dahlquist said requiring an engineer's evaluation would be a
good idea, and suggested the engineer's report should be submitted to the City. Mr. Middleton
said he was OK with the proposed location. Mr. Kalman stated the amount of variances can be
minimized using the staff's alternative locations and pointed out that the Commission has
required others to move their garages to locations other than their preferred location. Mr.
Dahlquist suggested the alternative locations, in this instance, may not be the best for the
area/neighbors. Mr. Dahlquist moved approval as conditioned, changing condition 1 b to state
the applicant shall limit the encroachment into the required steep slope setback to the maximum
extent possible and in accordance with the submitted plan, with the additional condition that an
engineer's evaluation be submitted to City staff. Mr. Milbrandt seconded the motion. Motion
passed 4-1, with Mr. Kalman voting no.
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City of Stillwater
Planning Commission
September 8, 2008
Case No. 08-42 A Special Use Permit request for a hockey training facility and retail store and
an amendment to the BP-C District zoning regulations to allow recreational use at 2510 Curve
Crest Blvd. in the BP-C, Business Park Commercial District. John Funk, Grassroots Hockey,
applicant.
Mr. Turnblad reviewed the request, noting that a portion of the proposed use, the hockey trailing
facility, is currently not an allowed use in the BP-C District, thus the request for the text
amendment to allow "amusement and recreational establishments" with a Special Use Permit.
Mr Turnblad also noted there is a recommended condition that sound proofing as found
sufficient by the City building official be installed in the shared wall space. Mr. Dahlquist
suggested that "amusement and recreational establishments" has a different connotation than
the proposed hockey training facility; Mr. Turnblad explained that language is defined in the
ordinance. Mr. Funk stated he had met with building official, Cindy Shilts, regarding the noise
abatement for the shared wall with Kennedy Transmission; he said noise should not be a
problem as Kennedy's offices are located away from the wall, with their work bays located in the
closest proximity to the wall. Mr. Funk and Matt Doman both addressed the Commission and
spoke of their optimism for their new facility.
Mr. Middleton opened the public hearing. No comments were received, and the hearing was
closed. Mr. Milbrandt moved approval as conditioned. Mr. Kalman seconded the motion; motion
passed unanimously.
Case No. 08-43 A special use permit request for a Master Plan for Lakeview Hospital and
variance to the building height regulations and lot coverage located at 9827 W. Churchill St. in
the RA, Single Family Residential District and RB, Two Family Residential District. Peter Smith,
BWBR, applicant.
Representing Lakeview Hospital were Pete Smith, BRBR Architects, and Curt Geissler,
Lakeview president. Mr. Turnblad reviewed the request for a Special Use Permit for the first
three phases of the four-phase Master Plan, noting the plan involves two variances, a variance
from the height regulations to allow for a 42' height and a variance to the impervious lot
coverage which exceeds the allowable 25 percent coverage. He briefly reviewed the four
phases of the master plan and some of the issues, including the validity period for special use
permits and variances, the height, variance, parking, traffic, landscaping, and impervious
coverage variance. Mr. Turnblad noted that in response to neighborhood concerns, the
proposed building height has been reduced from four stories to three stories, and the setback
from Everett Street increased
Mr. Smith briefly addressed the reason for the requested approval of the first three phases of
the Master Plan noting that Lakeview desires to protect their large investment, about $25 million
in each of the phases, and wants some assurance it will be allowed to proceed as well as to
provide clarity of development to the community. Mr. Geissler said Lakeview has looked at other
land options, but would like to stay in the City and believes this is the best, maybe only option,
for expansion. Mr. Geissler noted Lakeview had held a neighborhood meeting and modified
plans substantially to address concerns; he also pointed out that phases 1 and 2 do not add to
patient counts.
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City of Stillwater
Planning Commission
September 8, 2008
Mr. Middleton opened the public hearing.
Charles Hooley, 920 S. Greeley, expressed a concern about approving a 20-year expansion
plan when it is unknown what changes may occur over a 20 year period. He said he did not
want to impede the progress of Lakeview Hospital, but suggested expansion should be done in
a commercially-zoned area, rather than a residential area. He said the plan would "devastate"
the property values of the homes in the area. He also expressed a concern about safety with
two parks, playgrounds and hockey area in the adjacent neighborhood. He also raised a
concern about traffic and asked the Commission/City to initiate further study and develop a plan
that is more sensitive to the neighbors. Later, he suggested that the Commission/City require an
environmental impact study.
Jim Qualey, 1014 S. Greeley, spoke in favor of keeping the neighborhood. He said adding a
floor or two to the hospital will not solve any problems. In order for Lakeview to be competitive,
he suggested the hospital needs space and state-of-the-art technology and equipment.
Pat Poshek, 1302 Everett St., said his biggest concern is with the impact on the existing
neighborhood, speaking of the potential for the transition to rental housing and the impact on
property values. He also expressed a concern about entrances and exists to the parking ramp
and questioned how there would not be a traffic problem with the estimated 680 parking spaces
at the end of phase four. He also expressed a concern about the type of institutional use the site
might be used for should the hospital not meet Lakeview's needs at some point in the future.
Karen Hulstrand, 1204 Everett St. S., expressed concerns about water quality and the impact
on Brick Pond, light pollution from the parking ramp, concern about the height variance. She
also expressed a concern about granting approval of a plan for a 20-year period, noting that in
the past the neighborhood has had an impact on the hospital's plans because it had some say
in the process.
Brad Glynn, 823 W. Anderson St., expressed a concern about safety and the large number of
kids/families using Washington Square. He suggested when doing traffic counts, those counts
include kids and bikes. He also noted that the plans for Highway 36 improvements do not
include an exit at Greeley Street, which he suggested will have an impact on traffic. He said the
plans would have an incredible impact on his house, with construction noise, dirt and dust for 5-
15 years. He asked about mechanicals on top of the structure. He said plans are aesthetically
nice, but don't fit the character of the neighborhood around it.
Don Johnson, 1015 S. Everett, spoke of the width of the road on Everett in the vicinity of the
hospital/ramp. He expressed a concern about approving a 20-25 year plan, about construction
traffic for 25 years. He noted that when the parking ramp was approved, Lakeview said it would
never expand again at that site. He, too, questioned the impact on traffic with no access to
Greeley Street from Highway 36.
Stu Glaser, 1103 Everett St. S., said just as Lakeview is attempting to protect its investment, he
is attempting to protect his investment. He asked how many exceptions should be granted for
one project. He noted that the requirements for granting a variance is that a hardship, not
created by an act or the owner, exists and that granting the variance will not be of substantial
5
City of Stillwater
Planning Commission
September 8, 2008
detriment to adjacent properties He suggested that, in fact, the height variance will be a
detriment to the adjacent properties, and he suggested that the hospital did create the hardship
related to the requested impervious coverage variance. He also expressed a concern about the
impact on traffic given a new entrance to the hospital off Everett, and he suggested that the
placement of traffic counters has resulted in minimal traffic counts.
Rosemary Jensen, 911 W. Churchill, noted that she lives in one of the two impacted houses on
Churchill, and plans for phase four shows those two homes removed. She stated no one from
the hospital has contacted her and called that "unconscionable."
Sarah Rydeen, 1111 S. Everett, expressed a concern about traffic and safety. She also noted
that five years ago, Lakeview said their expansion plans were for the parking ramp only.
No other comments were received, and the hearing was closed.
Mr. Smith and Mr. Geissler addressed some of the comments/concerns. Mr. Smith stated the
main entrance will not be off Everett Street - it will remain in its current location through the first
three phases and move to the north off Churchill in the final phase Mr. Smith said there will be
a door off Everett, but the majority of the access will be from Greeley and Churchill. Mr. Geissler
apologized for the drawing which indicated the loss of the two existing homes on Churchill,
stating they were not trying to be presumptuous but indicate a "worst case" scenario. Mr.
Geissler suggested the hospital needs to work with neighbors to rectify the issues raised, but
said in order to continue to serve the residents of Stillwater, the hospital needs to be able to
move forward in some fashion.
Mr. Kalmon clarified for the audience that the option for the master plan approvals the
Commission approved earlier in the meeting would require elements of any concept/master plan
not completed within two years to be brought back of review/public hearing.
Mr. Milbrandt noted the traffic analysis is not completed. He asked about runoff and Middle Sl.
Croix Water Management Organization approval; Mr. Turnblad stated a permit from the Middle
Sl. Croix WMO is not required, but when the City Engineer reviewed the project, he used the
WMO criteria. Mr. Milbrandt said no one wants to push Lakeview out of Stillwater, it is a matter
of balancing concerns and the ordinances on the books. He also stated he was comfortable with
the setbacks as changed in response to neighbors' concerns.
Mr. Dahlquist expressed a concern about the variances. He noted that the architectural design
is just getting underway and there is not enough detail to determine the impact on the
neighborhood. He also spoke of the need for the completed traffic analysis. He expressed a
concern about the possible number of years of uninterrupted construction, but said he believes
the hospital is a good asset to the City.
Mr. Middleton said he would like to have the hospital meet with neighbors again. He agreed that
there is information, like the traffic study, that the Planning Commission should see before
giving any approvals.
6
City of Stillwater
Planning Commission
September 8, 2008
Mr. Kalman said he did not see the level of detail he needed to move ahead with granting the
variances. He said he would like to see more solutions come from meetings with neighbors and
addressing details such as impacts during construction, the placement of mechanicals and the
impact on water quality. Mr. Wolden agreed that he was not ready to move forward with
approvals at this point.
Mr. Milbrandt moved to table Case No. 08-43 to the October meeting for further information. Mr.
Wolden seconded the motion; motion passed 5-0.
The meeting was adjourned at 10:40 p.m. on a motion by Mr. Milbrandt, seconded by Mr.
Kalmon.
Respectfully submitted,
Sharon Baker
Recording Secretary
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'I'F I:I.I~r~I~.~~! Or MINI~I~Oll 'J
Planning Commission
DATE:
October 10, 2008
CASE NO.: 08-30
APPLICANTS:
Sharon Price of Washington County
REQUEST:
Street vacation of a portion of Panama Ave and Hubert St
LOCATION:
Washington County Government Center
COMPREHENSIVE PLAN DISTRICT:
P A - Public Administration
ZONING: PA - Public Administration
PC DATE: October 13, 2008
REVIEWERS: Community Dev. Director and City Engineer
PREPARED BY: Michel Pogge, City Planner ij~
DISCUSSION
The applicant is requesting the vacation of a portion of Panama Ave along the south
side of the Washington County Government Center site and a portion of Hubert St
along the east side of the site. The County is currently in the process of completing a
boundary registration of the site and would like to incorporate these two streets in their
site in order to have a more uniform boundary.
Washington County staff is still working to address the comments made by the City of
Oak Park Heights. Due to this Washington County has requested that their request be
tabled until the November meeting.
STAFF RECOMMENDATION
That the Planning Commission table the vacation request to their November 10, 2008
meeting.
r
,
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Michel Pogge
From:
Sent:
To:
Subject:
Sharon Price [Sharon.Price@co.washington.mn.us]
Thursday, October 02,20083:22 PM
Michel Pogge
RE: Street vacation request from Washington County.
HI Mike,
Per your voicemail, Washington County woulcllike !'J!' you to continue this vae"lion request until November 10th. We
believe that we should have the items of concern worked out with the City of Oak Park Heights by that time.
If you have any questions, please let me know. Thank you.
Sharon M. Pnee
Property Acquisition Manager
Washington County Public Works
llG60 Mycron Road North
Stillwater. MN 55082
651-430-4391
651-430-4350
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PLANNING REPORT
DATE:
October 10, 2008
CASE NO.: 08-44
APPLICANT:
Vern Stefan
OWNER:
Mainstream Development, LLC
REQUEST:
Building Height Variance
LOCATION:
227 North Main Street
ZONING:
CBDH, Central Business District (Historic)
PUBLIC HEARING: October 13, 2008
PREPARED BY: Bill Turnblad, Community Development Directorj;:,('ji
BACKGROUND
Mainstream Development, LLC is planning to develop a project referred to as 227 North
Main Street. This would represent the final phase of development on the former Maple
Island Dairy site. This phase relates to the hardware store and surface parking lot north
of it. The proposed project is to demolish the hardware store and build about a 34,800
square foot mixed use building as follows:
· Basement parking for 30 vehicles
. 13,000 gross square feet of office space on the ground floor
. 13,000 gross square feet of office space on the second floor
. 8,800 gross square feet of office space on the third floor ("penthouse" floor)
Public review of the project has a fairly long history. A synopsis of that history is
presented in the table below.
Date Board Case No. Action
5/8/06 PC 06-12 Denial of variance for four-story building (1" version of building)
and other requests
6/20/06 CC 06-12 Upheld Planning Commission denial of four-story building and
indicated no support for a revised proposal to construct a three story
building.
7/5/06 HPC DEM 06- Approved demolition pemlit with condition that Final Design
04 Review Permit approved by HPC before it becomes effective
,
227 North Main Street
October 10, 2008
Page 201'5
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7/5/06 HPC DR 06-19 Approval of preliminary Design Review Permit (three-story building
- 2"d version of building)
7/10/06 PC 06-38 Approval of private parking facility SUP; approval of parking
variance (two-story building; 3'd version of building)
7/18/06 CC 06-38 Approval of parking lot easement vacation contingent upon
providing a public restroom
1/7/08 HPC DR 07-52 Approval of final Design Review Permit (two-story building; 3'd
version of building)
4/14/08 PC 06-38 Planning Commission approves extension of variance and SUP for
one year to 7/10/09
5/6/08 CC Approved agreement for public restroom
5/7/08 Demolition permit became effective
10/6/08 HPC 08-50 Approval of Final Design Review Permit (three-story building
building)
Related to the building height variance, the Planning Commission denied a request for
a four-story building on May 8, 2006. Mainstream Development appealed the decision
to the City Council. At the appeal hearing on June 20, 2006, the height of the building
had been reduced by the developer to three stories. None the less, the City Council still
upheld the Planning Commission decision to deny the height variance, and indicated in
discussion that a majority of the Councilmembers did not support the necessary
variance for the three-story variance either.
Consequently, Mainstream Development submitted a Special Use Permit and parking
variance application to the Planning Commission for a two-story building. The two-
story project was approved.
The developer would again like to build the three-story version of the building. City
Code Section 31-204, Subd. 9 states that " [w]henever a permit is denied or withdrawn,
no new application for the same or substantially the same project may be filed for a
period of a year." Since it has been more than a year since the June 20, 2006 Council
decision to uphold the Planning Commission decision, the owner is allowed to reapply
for a variance to permit the three-story version of the building.
SPECIFIC REQUEST
In order to develop the three-story building, Mainstream Development would need
approval of a building height variance. Specifically, Section 31-403(b)(3) of the Zoning
Ordinance states that for an infill building, such as the one proposed, the maximum
height is restricted to 10% higher than the adjacent building. In this case, the adjacent
building (Northern Vineyard Winery) is 29' 4" tall. So, the maximum permitted height
of 227 North Main would be 32' 3". The proposed height is 40' 1 0" (half the height of
the top floor's gabled root) Consequently, a variance of 8'7" is requested.
227 NOIth Main Street
,October 10,2008
Page 3 of5
EVALUATION OF REQUEST
The intent of the infill height limit is to preserve the relative building massing within
the historic blocks of downtown Stillwater. As seen in the attached rendering, the
proposed third floor is stepped back considerably from the parapets of the second floor.
The result is that the third floor would barely be visible from Main Street. This is also
true of visibility from Water Street and Mulberry Street.
It should be noted that the regulations found in the downtown height overlay district
ordinance do not apply directly to this case. The height overlay district regulations
apply to freestanding buildings. They do not apply to buildings that are to be
constructed within a block already improved with buildings, or "immediately adjacent
to" buildings within an existing block of buildings. These buildings are defined as
"infill" buildings and the infill height regulations apply.
Variance Review Criteria
The Planning Commission may grant a variance when all of the following conditions
are satisfied:!
1. A hardship peculiar to the property, not created by any act of the owner, exists.
Personal, family or financial difficulties, loss of prospective profits and
neighboring violations are not hardships justifying a variance.
The applicant argues that the corner location of the project creates a
hardship. This is to say that at a mid-block location the infill height restriction
preserves the visual proportions intended by the height regulation. But that on a
corner location, the visual proportions of the building masses on each of the four
corners of the intersection is more important to preserve than the visual
proportions of the one block within which the proposed building would be
located. In this case, the other corners of the intersection have three and four-
story buildings. Consequently, if the subject building is required to be two-
stories, it would be out of proportion at the Mulberry and Main Street
intersection.
The situation is unique to this specific intersection and will not create a
precedent that can be repeated. The only other three-story building on a Main
Street intersection is at the southwest corner of Nelson and Main. And at this
intersection the other three corners have either one or two-story buildings.
2. A variance is necessary for the preservation and enjoyment of substantial
property rights; and, if granted, would not constitute a special privilege not
enjoyed by neighbors.
This variance review criterion gets at the question whether the property
can be put to a reasonable use if the variance were not granted. The applicant
I City Code Section 31-208(d)
227 North Main So'eet
October 10, 2008
Page 4 of 5
argues that since the massing of buildings at the Mulberry and Main Street
intersection is three and four-story buildings, a two-story structure is not
reasonable at this location.
3. The authorizing of the variance will not be of substantial detriment to adjacent
property and will not materially impair the purpose and intent of this section
or the public interest nor adversely affect the comprehensive plan.
As mentioned above, from Main Street, Mulberry Street and Water Street,
the proposed third story would not be very visible. Since it will be stepped back
from the streets the effect will be to maintain the massing of the Maple Island
block.
Parking:
A parking variance was granted by the Planning Commission for this project on July 10,
2006 for 86 spaces. The current proposal is short 86 spaces. Therefore, the variance of
record is sufficient for the revised proposal and a new variance would not be needed for
parking.
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Use Standard Minimum Number
requirement orovided
General retail (13,000 gross sf) 1 soace oer 200 gross sf 65 spaces --
Office (12,600 gross sf) 1 space per 300 gross sf 42 spaces --
TOTAL 107 21
A
dP k' f T S
BId
The total number of parking spaces planned for the two-story building was 21. Since
107 spaces were required, a variance of 86 parking spaces was requested and approved.
Use
Revised Parking Scenario
Standard
Office (34,800 rross sf)
Minimum
re uirenlent
116saces
Number
rovided
30
The total number of parking spaces planned for the three-story building is being
expanded from 21 to 30. Since 116 spaces are required for the office use, and 30 are to
be provided, a shortage of 86 parking spaces exists. Since an 86 stall variance was
approved for the project and is still valid, a new variance is not needed for parking.2
2 A scaled parking stall layout was not submitted with the application materials. Therefore the 30 parking stalls
mentioned in plan A 1 of the submittal package has not been verified. A scaled parking layout showing the 30 stalls
\vill have to be submitted prior to issuance of a building permit for the project.
,
227 North Main Street
. October 10, 2008
Page 5 of 5
ALTERNATIVES
The Commission has several alternatives they could consider:
a. Approve. If the Planning Commission finds the variance review criteria to be
satisfied, it could approve the height variance with the condition that a scaled
parking stall layout for the basement would be submitted prior to issuance of a
building permit. The layout shall document at least 30 parking stalls.
B. Deny. If Planning Commission does not find the variance review criteria to be
satisfied, it should discuss for the record the reasons they are not satisfied, and
then deny the height variance.
C. Table. If more information is needed to come to a decision, the request should be
tabled until the November 10,2008 Planning Commission meeting.
RECOMMENDATIONS
Heritage Preservation Commission
The Heritage Preservation Commission approved the final design permit for the three-
story version of the project.
City Staff
Staff believes the proposed building massing is compatible with the other properties at
the intersection of Mulberry and Main Streets.
attachments: Location Map
Color rendering of building seen from Main Street
Plan drawings
PC Minutes from 5/8/06
CC Minutes from 6/20/06
1~n~~~\later
~~'::~
C{)mmunil~1 Development Depaltment J
227 North Main
Stefan Height Variance
Location Map
,+
City of Stillwater
Planning Commission
May 8, 2006
Ms. Block expressed a concern about the timing of construction, citing concerns about noise,
truck traffic, dust and dirt from construction, and the safety of children in the adjacent
neighborhoods. She asked if sewer could be extended to serve the Millbrook development
without proceeding with construction of Brown's Creek Reserve until Millbrook's phase 3. Mr.
Turnblad said that had been a major discussion item and noted that the Joint Board feels the
timing of this development as proposed is acceptable.
Mr. Dahlquist questioned the rationale for the proposed 2.4 units per acre as compared to the
Comprehensive Plan which indicates a density of 2.0 or fewer units per acre.
Mr. Teske said he thought the proposal seemed to be a good match with the three surrounding
neighborhoods. Mr. Carlsen expressed a concern about setting a precedent with the phasing of
the Annexation Agreement. Mr. Teske pointed out that if the Millbrook developers had been able
to purchase this site, development would have proceeded at this time. Mr. Gag said he like the
size of the lots and was comfortable with the proposal.
Mr. Teske, seconded by Mr. Middleton, moved approval with the four conditions recommended
by staff and the additional conditions that the sidewalk along Neal Avenue be extended north to
the property line and south to McKusick Road and that the City accept cash in lieu of parkland
dedication. Motion passed 8-1, with Ms. Block voting no.
Case No. V/06-11 This case was withdrawn, as a variance was not required.
Case No. PUD/SUP/CUPNISUB/06-12 A planned unit development, special use permit,
conditional use permit, variance and lot combination for a 45,000-square foot mixed use retail,
office and residential use at 227 N. Main St. in the CBD, Central Business District. Mainstream
Development Partnership, LLC, applicant.
Representing Mainstream Development were Tim Stefan and Vern Stefan. Mr. Turnblad
reviewed the site and the plans for construction of a four-level, 56,000-square foot building, the
final phase in the development of the former Maple Island site. Mr. Turnblad noted the proposal
requires two variances - a variance to the infill height standards and a variance to the number
of parking spaces provided. Mr. Turnblad explained that according to the infill height regulations,
the maximum allowable height would be 31 feet as compared to the proposed 48'. Regarding
parking, the proposed uses would require the provision of 128 spaces, while 31 spaces would
be provided, he said.
Vern Stefan reviewed the timeline of the Maple Island development beginning in 1988. He
spoke to the TIF agreement and parking and easement agreements between Mainstream
Development and the City. He said plans for this final phase of the development were presented
in mid-2005, when they were given "tacit" approval to proceed with the design of phase 3.
Tim Stefan reviewed the design plans and building materials. The access off Water Street to the
underground parking area will raise the building above the flood plain, he noted. As proposed,
the first floor of the building would provide community retail space; the second floor would house
a single office tenant; with condominium units on the third floor, with loft space above. Mr.
Stefan said without the loft, the building would be back to a flat roof with the potential for the
2
City of Stillwater
Planning Commission
May 8, 2006
same problems as being experienced with another downtown development. He said plans are
to have an active roof space.
The hearing was opened for public comment. Mark Bender, whose law firm is a tenant in the
phase 1 Maple Island building, said his firm is interested in leasing the second floor space in the
proposed phase 3 building. He spoke of the "serious need" for additional commercial space in
the downtown. He also stated that eliminating the current construction traffic, there seems to be
adequate parking in the area.
After additional discussion regarding the agreements with the City regarding parking lot
improvements and easement, discussion was returned to the Commission.
Mr. Junker said he liked the design and proposed use of the building, but suggested the
requested 97 space parking variance was "pretty strong." He also said he would like to stay
within the 31' height limit required by the infill height regulations. Mr. Middleton said he liked the
concept, but was concerned about parking. Mr. Dahlquist noted while the Commission has
given some variances related to retail space, those variances didn't inciude office and
residential uses and said he thought parking would be a real problem. Mr. Dahlquist also said
he thought the proposed mass/height of the building was a little out of character. Mr. Gag said
parking is always an issue in the downtown area and said he was most concerned about the
proposed height. While he said he thought a mixed use development was ideal for the location,
Mr. Teske said there is a reason for infill regulations and suggested that the proposed mass and
scale of the structure dwarfs the building to the south. Mr. Carlsen and Mr. Meinke agreed with
the concerns regarding the mass/scale of the building.
In response to a procedural question, Mr. Turnblad noted the denial of the required variances
would result in the denial of the SUP, CUP and subdivision. Mr. Turnblad suggested that if
denied, the Commission deny the SUP without prejudice, which would allow the proposal to
come back within a year.
Mr. Junker, seconded by Mr. Meinke, moved to deny approval No.3, the infill height
requirement. Motion passed 8-1, with Mr. Peroceschi opposed.
Mr. Junker, seconded by Mr. Dahlquist, moved to deny approval No.4, variance from the
parking requirements. Motion passed 8-1, with Mr. Peroceschi opposed.
Mr. Dahlquist, seconded by Mr. Junker, moved to deny approvals No. 1 and 2, special use
permit for a private parking facility and special use permit for residential units in the eBO,
without prejudice. Motion passed unanimously.
Mr. Junker, seconded by Mr. Carlsen, moved to deny approvals NO.5 and 6, variances to allow
building improvements, without prejudice. Motion passed unanimously.
It was noted that items NO.8 and 9, demolition permit and design review permit, were Heritage
Preservation Commission issues.
3
City Council Meeting 06-12
June 20, 2006
Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved to
continue Case No. SUB/06-25 to no specific date. All in favor.
This is the date and time for a public hearinq to consider an appeal of the Planninq
Commission's decision on a request from Mainstream Development Partnership LLC for a
planned unit development for a 46,000 square foot mixed use retail, office and residential use
with underqround parkinq complex; a special use permit for residential use in the Central
Business District: a conditional use permit for residential use in the flood plain: a variance to
the parkinq requlations and a lot combination of two lots: Lot 1 - 12,119 square feet and Lot 2 _
5,519 square feet into one lot of 17,638 square feet located at 227 North Main Street in the
CBD, Central Business District. Mainstream Development Partnership, LLC, applicant.
Community Development Director Turnblad said the Planning Commission considered
this case on May 8. The two issues for the Planning Commission were the height of the
building, which has since been reduced, and the number of parking spaces.
Subsequent to the Planning Commission meeting, the applicant revised the plans,
rernoving an entire floor of the building, rnaking it three stories, rather than the
previously proposed four stories. He said the applicant is asking for vacation of the
parking easernent over the lot to the north side of the hardware store and on appeal to
approve special use permits and variances that were denied by the Planning
Commission. Mr. Turnblad said he thought the main issue was parking: the height is
very close to what is allowed for infill buildings, he noted. The revised building requires
116 parking spaces according to the City's parking standards, he said: 21 are provided
in the building's underground parking facility. He noted the parking standards are
applied citywide, but he suggested those standards may not be as applicable to a
downtown district where there are mixed uses. A preliminary parking inventory was
conducted, he said, which indicates there are over 2,800 parking spaces downtown.
What is an unknown, he said, is how much parking is needed. Mr. Turnblad said staff is
requesting permission to solicit proposals to do a parking needs analysis.
Mayor Kimble opened the public hearing.
Vern Stefan, one of the development applicants, reviewed the timeline of the Maple
Island development. In 1997, he noted the master plan for the three phases of the
Maple Island redevelopment was approved by the City Council. Approval of the master
plan included a TIF agreement, a parking/lease agreement for the Maple Island parking
lot, and an exchange of property on the east side of the Maple Island property for a
parking easement on the north end parking lot of the hardware store. In 1998, the City
began the reconstruction of Water Street. At that time, it was discovered the gas mains
were not in the street, but were located in the 20-foot strip that the City exchanged for
the parking easement by the hardware store. Maple Island parking lot was upgraded to
150 spaces, 50 of which were leased by the River Market Coop, an agreement between
the City and River Market. In June 2005, Mainstream Development met with
Administrator Hansen and former Community Development Director Steve Russell, he
said, to confirm plans to begin work on phase 3 of the Maple Island development. In
2005, 50 feet building heights were in place; the height regulations were subsequently
changed and resulted in the Planning Commission's dismissal of the initial phase 3
Page 8 of 16
City Council Meeting 06-12 June 20, 2006
plans. He noted that the Heritage Preservation Commission has given design approval
to the revised building plans.
Tim Stefan, Mainstream Development Partnership, reviewed the design of the project.
He said he thought the revised design resolves any height issues. Councilmember
Junker asked about the height from the tip of the roof. The building is 37'3 from the
midpoint of the gable, There was discussion about the new height regulations. Mr.
Turnblad said the new height overlay district in this area allows a building to be 35' or
three stories in height, which ever is greater. In this instance, the infill regulations, which
limit height to 10 percent more than an adjacent building, is more restrictive. The
adjacent building is 29' in height, which would allow this bUilding to be about 32 feet,
according to ordinance. Mr, Stefan noted the plans include a gabled roof which would
allow mechanical units to be housed inside and vented off the side and roof ridge.
Councilmember Polehna asked about any plan to make up for the lack of parking
spaces. Mr. Stefan noted that the first phase of the Maple Island development resulted
in the upgrading of an unimproved gravel space into an improved parking lot. He said
they would like to proceed with phase 3 in the same manner, noting that there is an
existing unimproved gravel strip farther east that the City has not developed, space
could accommodate 60+ cars, he said. The developers would be willing to work with the
City in improving that space and have their tenants purchase parking permits, he said.
Tom Workman, resident of Woodbury and owner of the two buildings to the south, noted
that at one time all the Maple Island buildings were together and asked if he would have
the same capability of going a little higher and tying in with that side of the building.
Mayor Kimble pointed out it would be difficult for the Council to give an indication until
permits were applied for, etc. Attorney Magnuson noted that the infill regulations would
not apply as the Stefans new building would not be adjacent to the buildings owned by
Mr. Workman.
Mark Binder, current tenant in the Maple Island building, spoke in support of the project
and the need for additional commercial space in downtown.
Dan Schelte, attorney who works with Mr. Binder, noted that commercial tenants, such
as they are, involve 9-5 parking uses and such use doesn't impact the City's peak
parking dernand times.
No other comments were received, and the hearing was closed.
Councilmember Junker said he thought the City could live with the number of parking
spaces identified in the Downtown but said he continued to struggle some with the
height issue. He said he hoped the revised building would come within the 10 percent
restriction for infill buildings. Council member Milbrandt agreed with the concern
regarding the height and said having just implemented new height guidelines; he was
not prepared to make the first applicant an exception. Councilmernber Milbrandt said he
also had some concerns regarding parking and said he would rather wait until the next
phase of the parking study is completed to determine whether his concerns are justified.
Councilrnernber Milbrandt said he preferred to send the plans back to the Planning
Commission without prejudice so that parking can continue to be studied and the
applicant can take another look at the concerns regarding height. Councilmember
Page 9 of 16
City Council Meeting 06-12 June 20,2006
Milbrandt moved to remand Case No. PUD/SUP/CUPN/SUB/06-12 back to the
Planning Commission without prejudice; Attorney Magnuson suggested that considering
the 60-day rule, the motion should be to deny without prejudice. Council member
Milbrandt changed his motion to denial without prejudice; Council member Polehna
seconded the motion, saying he was concerned with the parking issue as well as the
height issue. There was continued discussion regarding the parking issue, with
Councilmember Junker noting that the applicant could never meet the required number
of spaces. It also was noted that the current construction projects going on in the North
Main Street area have taken up many parking spaces that otherwise would be available
for public use and that this proposed building/use will not significantly impact the City's
peak parking demand times. Tim Stefan spoke to perceived ambiguity regarding infill
height regulations. Mr. Turnblad pointed out that the next stage of the parking study
would not be completed for some time; Mayor Kimble noted that previous parking
studies should be of value, rather than having to undertake another parking needs
analysis. Attorney Magnuson suggested that perhaps the City could implement a
parking impact fee, such as the transportation impact fee for the annexation area, for
those sites in the downtown area that cannot provide their own parking.
Motion by Council member Milbrandt, seconded by Councilmember Polehna to denythe
request from Mainstream Development Partnership LLC without prejudice.
Ayes: Council members Harycki, Junker, Milbrandt, Polehna and Mayor Kimble
Nays: None
This is the date and time to hold a public hearinQ to consider McKusick Lake improvements.
Interim City Engineer Sanders reviewed the background that resulted in the City hiring
the consulting firm of Bonestroo, Rosene, Anderlik, to do a study of McKusick Lake. The
study found that McKusick is a shallow, urban lake; that the water quality of the lake is
improving; and that the algae growth in the lake is due in part to seasonal water
temperature, climate conditions and water clarity. Two options for removing the algae
were given - chemical treatment and harvesting. After completion of the study, a
neighborhood meeting was held to discuss the results. He said staff and residents felt
that harvesting was the best method to remove the algae. Mr. Sanders said he had
talked with the DNR and that agency has no permit requirements for the removal of
algae. Estimated cost of the harvesting is $31,000. Mr. Sanders said it is proposed to
assess 50 percent of the cost to properties in the lake viewshed, 72 properties. The
assessment rate would be $215 per property. The remaining 50 percent of the cost
would be paid through the City's stormwater utility fund, he said. If approved by the
Council, he said the harvesting could be done in late July and August, with an
assessment hearing in September. Councilmember Harycki asked for an explanation
regarding the study's finding that the water quality was improving. Rich Brash,
Bonestroo, who conducted the study, said while lake monitoring does indicate an
increase in the amount of phosphorous in the water, it is unclear whether that is just a
temporary finding or a long-term trend. Mr. Brash noted that generally it is preferred to
have 8-10 years in the database to get a handle on trends. He pointed out that when
doing the study last year there were only two years of post-diversion data available and
10 years of pre-diversion data related to water quality, and there was a difference.
Council member Junker asked Mr. Brash to explain the difference in treatment options _
Page 10 of 16
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TYPICAL NOTES:
CONTRACTOR TO 'waUFY lOCATI9N OF EXISTING AHD PROPOSED UllUTIES.
CONTRACTOR TO STAKE LOCAll0NS OF PlANTING BEDS AHD INOI\1DUAl
PlANllNGS PRIOR TO PLANTING, fOR APPROVAL
CONlRACTOR TO LAYOUT lRAlLS, CRUSHED STONE GAll-tERING AAEAS AND
STRUCTURES FOR APPROVAL
CONlRACTUR TO SUBWIT Pl.AHT WAlERlAl UST ~ll-t AHY RECa.U,fENOED
SUBSTlTUllONS ANO 5m) W1XES FOR APPROVAL PRIOR TO OOOERING.
CONTRACTOR TO SUBt.lIT WAlERlAL SMlPLES fOR APPROVAL I.E.;
GRATE. PA~S, BIKE RACK
CONlRACTOR TO F<UOW AU. QTY. COUNTY AHO STATE COOES
AND PERl.IITTlNG,
COOlRACTOR TO PR0\10E PLAN AHD WAlNTANANCE WANUAl FOR IRRIGAllON.
PR0'v10E IRRlGAll01l fOR AU. SOO AREAS. TREES AND SHRUBS. DO NOT PR0\10
IDIPORARY IRRlGA liON FOR NA llw:. PL.AHllNG AREA. . TREES ANO' SHRUBS.
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t 10/13/2008 13:23 FAX 812 455 2054
MSM LLP
[4J 002/005
GILLILAND MARTIN LLP
900 U.s. BANK PLAZA SOUTH TOWER
220 SOUTH SIXTH STREET
MINNEAPOLt$. M'NNESOTA 55402
T~"'EPHONE 6t2.~344~11 f 1
FACS'''''lJ..i; 612..34.4.. 1414
Howard All Roston
Direct Di91 No. 612-455-6655
har@mgmllp.com
October 13, 2008
Sent Via Facsimile (651-430-8809)
and U.S. Mail
Mr.. Bill Turnblad
Community Development Director
City of Stillwater
216 N. 4th Street
Stillwater, 11N 55082
Re: Re: Case No~ 08-44, 227 North Main Street, Height Variance"
Dear Mr. Tumblad:
I represent Four Star Land Development of Stillwater, LLC ("Four Star"). I write to
comment on and object to the requested variances by Mainstream Development7 LLC
("Mainstream") for the project at 227 North Main Street} Stillwater, Minnesota ("projecf"). I
apologize for the late submission~ but my client just became aware of the Project~ 1 ask that this
Jetter be provided to the Planning Commissioners and City Planning Staff prior to tonight's
Planning Commission meeting.
As I understand it, Mainstream is requesting a height variance from the maximally
allowed height of approximately 32'3" to 40' 10" - or approximately 8'7".
Based 011 Minnesota law, the variance should not be granted.
Minn. Stat.. ~ 462-357 states that a municipality may only grant variaI1CeS from zoning
requirements where their strict enforcement would cause "undue hardship." The fact that
Mainstream is subject to the City' $ height restrictions does not constitute a need for a variance.
Any suggestion to the contrary is absurd. If courts in Minnesota were to adopt stIch a liberal
interpretation of what constitutes an "undue hardship," it would eviscerate zoning law~ Zoning
ordinances WOllld be meaninglessa There would be no objective standards that zoning authorities
could not circumvent by issuing a variance. Zoning authorities would be able to capriciously
grant variances to favored applicants while denying variance requests from others.
123283
10/13/2008 13:23 FAX 812 455 2054
MGM LLP
~ 003/005
As you know, the "undue hardship" standard is very strict and exacting~ and Minnesota
appellate courts have not been very forgiving of property owners who fail to meet that standard.
As an example, consider a recent case decided by the Minnesota Court of Appeals, lvlohler v.
City of St. Louis Park~ 643 N.W.2d 623 (Minn. Ct. App, 2002). In Mohler, the court found that
there was no "undue hardship'~ when a property owner applied to maintain a 16..foot garage
where the governing zoning ordinance imposed a maximmn garage height of 12 feet. The court
found this to be so even though the applicant had ~!lready built the 16-foot garage in accordance
with a building permit erroneously issued by the City of St Louis Park (the City staff l1ad used
the wrong reference points when measuring the height of the proposed structure and mistakenly
concluded that the stnlcture complied with the City's maximwn height requirenlent). The City
apprlJ'Ved the variance, finding that tlle mistake by the City staff constituted an undue hardship
under Minn. Stat. g 462.357~ The district court upheld this decision" However, the Court of
Appeals reversed and ordered the City to bring the garage into compliance with its zoning
ordinance (in other words, to order the demolition of the non-confonning part of the garage),
If it is not an "undue hardship" to maintain a garage that is only 33% tallet than the
maximum height allowed by the governing zoning ordinance even though the property owner
built the gara.ge with the zoning autllority's permission, th.en it cannot be an "undue hardship'')
justifying a variance when a developer seeks to construct a condonliniurn tower that is higher
than max.imlll11 height allowable under the governing zoning ordinance.
MiIll1.. Stat~ ~ 462.357, subd. 6 establishes criteria for the approval of variance requests,
including tlle fol1owing~ 1) that the property "cannot be put to a reasonable use" without the
requested variance; 2) that the claimed "undue hardshipH not be based solely on economic
considerations; 3) tllat the claimed "undue hardship" arise from circumstances unique to the
property that are not self-inflicted by the property ovmer; 4) that, even if an ~(.undue hardship"
exists, the variance, if granted, will not alter the "essential character of the locality;" and 5) that,
even if an "undue hardship exists, the variance, if gra11ted, would be "in keeping with the spirit
and intent of the ordinance." This Memorandum addresses each oftllese criteria below~
A. There is a Reasonable Use for the Property without Variances.
In order for a mT.U1icipality to grant a variance, Mirm" Stat 9 462.357 requires t11at the
property '~cannot be put to a reasonable use" without the vanance4 Minn. Stat. .9 462.357J subd
6.. The meaning of the phrase "cannot be put to a reasonable use" is debatable in certain
circumstances. See generally Rowell v. City of Moorhead, 446 N.W.2d 917 (Minn. Ct App.
1989) (holding that a municipality's discretion to grant variances Wlder Mirm. Stat. 9 462.357 is
broader than its constitutional duty to grant a variance if refusing to do so will eliminate all
economically viable use of the property, and also finding that municipalities may grant variances
if an applicant proposes a "reasonable use" of the subject property). There is no indication that
the development could not proceed without the variances. While Mainstream may have to scale
back the development) t11is alone does not Justify a variance as economic considerations do not
justify granting a variance.
123283
~ 10/13/2008 13:24 FAX 812 455 2054
MGM LLP
[4J 004/005
B. There is no Non-Economic Justification for Variances.
Economic considerations alone (viewed from the perspective of the property owner, not
the municipality) are not sufficient to constitute an "undue hardship.H Minn. /ilat. j 462.357~
subd4 6. There is (obviously) nothing so unique about the Property that requires the construction
of a building that does not comply with the applicable minimum setback requirements rather than
a shorter building tl1at does comply with tllose requirements. Mainstream's need for variances
must therefore be driven solely by economic considerations. It is no secret that adding height to
multi-unit residential structures reduces per-unit construction costs by increasing density, and
that it is often the difference between a profitable development and an unprofitable development
It may very well be that Mainstream would not make a sufficient return on its investment in the
development at the Property unless it adds additional density through increased building height.
However, Minn. Stat ~ 462.357 does not permit municipalities to grant variances simply
because it would reduce a developer's per~unit construction costs. This is a mere 'i.economic
consideration.'~ The City therefore has no authority to the requested variances.
c. There is Nothing Unique About the Property Sufficient to Justify Variances.
The '1mdue bardshipH justifying a variance must arise from ~'circumstances uniqlle to the
property" at issue that were not created by the applicant. Minn. Statt f 462.357, subd 69 An
example of the "unique circumstances~'J required by the statute might be this: There is a ravine in
the center of a residential lot that makes it impossible to construct a single-family home without
violating the a.pplicable setback requirements. Here, the Property is simply too small to support
the development proposed by Mainstream without violating multiple requirements of the City
Zoning Ordinance. The property is not different from many other properties in the City of
Stillwater. Virtually every developer would like the opportunity to build higher because of the
return on investment Unless the City is committing to breaking its rules for every developer
who requests a height variance, it should not grant the variance requested by Mainstream9
D. Essential Chara.cter of the Area.
As I understand it, the City has sought to protect view sheds to the natural amenity of the
river. Therefore, the City has established height restrictions to preserve the essential character of
the neighborhood.. If an 8'7" variance is ok, then why not a 10' or 30' variance? The reason is
because the City has made a determination that the City should not be landscaped with high-rise
condos.. Doing so would forever change the essential character of the area to preserve views and
not tUIll Stillwater into downtown Minneapolis.
E. Spirit and Intent of the Ordinance.
For the same reason, the variance would not be in keeping witll the spirit and intent of the
ordinance which is, after all, designed to limit building heights.. As noted in your memorandum
dated October 10, 2008 the City has already made accommodations for height based on adjacent
buildings. Any further "creep" in the standards will mean that there are no standards at all.
123283
10/13/2008 13:24 FAX 612 455 2054
MGM LLP
I4J 005/005
F.. Conclusion.
While I certainly do not have all of the factual background on this project1 it appears from
your October 10,2008 Memorandum that Mainstream is going to keep seeking variances until it
gets it from the City Council. The City should not grant a variance from its standards simply
because a developer keeps n-:taking a. request for one,
Thank you for your attention to this matter. On behalf of Four Star Land Development of
Stillwater~ LLC I am requesting that the variance be denied.
HARlban
123283
350 Main Street North
Stillwater MN 55082
October 13) 2008
To: Stillwater Planning Commission
From: Stillwater Mills Homeowners' Association
350 Main Street North
Stillwater MN 55082
We are strongly opposed to the building height-variance request by Mainstream Development,
LLC of the Maple Island project at 225 Main street North.
Specifically, the granting of this requested variance and the ensuing development would result in
blocking the S1. Croix River views for many of our homeowners. This would have a significant
adverse impact to the property values and aesthetic enjoyment to many of the homeowners of
Stillwater Mills.
We therefore request the denial of the variance for this project.
Respectfully,
/ / lA
,~f~
Stillwater Mills Homeowners' Association
George Nelson, Board Member
Daniel Keefe) Board Member
~. RECEIVED
OCT 1 3 2008
COMMUNITY DEVELOPMENT
DEPARTMENT
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Memo
Community Development Department
To:
From:
Planning Commission
Michel Pogge, City Planner ;t1 ~
Friday, October 10, 2008
Discussion Item: Business Park Signage
Date:
Re:
Message:
Attached is a surrunary table that compares the Stillwater and Oak Park Heights sign
regulations. Additionally full copies of the Stillwater and Oak Park Heights sign
regulations have been attached. The area in Oak Park Heights along Highway 36 is
zoned B-2 and B-3. Sign regulations for these two districts can be found starting on
page 15-62. Please take time to review these codes so we can continue the discussion on
October 13th regarding the direction the Commission would like to take on amending
the Business Park sign regulations.
From the desk of...
Michel Pogge, AICP . City Planner . City of Stillwater .216 N. 41h Street . Stillwater, l'vlN 55082
651.430-8822 . Fax: 651.430-8810 . email: mpogge@ci.stillwateLmn.us
Stillwater Oak Park Heights
Can have upto 3 free standing signs and
4 wall signs as long as the total sign
area does not exceed the maximum
Number One per property. allowable sign area.
100 sf or 15% of the building wall area
Maximum sign area Depends on the type of sign up to 300 sf
Total area of wall signs and free
standing signs cannot exceed the
Wall Signs 1 sf per each foot of building frontage allowable amount of sign area
Free Standing Signs
First sign - up to 100 sf per side. Max 2
-Area 100 sf per side. Max 2 sides sides *
Second and third sign - cannot exceed
total max sign area
- Height 25 feet First sign - 20 feet tall
Second and third sign - 8 feet tall
ZONING ORDINANCE
Subd. 3. In yards. Fences may be permitted in
all yards, subject to the following:
(a) Fences in excess of six feet above the
ground grade are prohibited in residential
districts.
(b) The side ofthe fence considered to be the
face (finished side as opposed to struc-
tural supports) shall face abutting prop-
erty.
(c) No fence shall be permitted on public
rights-of-way.
(d) No fence may be erected on either street
side of a corner lot that will obstruct or
impede the clear view of an intersection
by approaching traffic, subject to the pro-
visions of Section 31-505, Subd. 2 that
would control where inconsistent with this
prOVISIOn.
(e) In residential districts fences are limited
to a height of 42 inches in the front yard
and exterior side yard setback areas,
CD No fence shall be erected where it will
impede a drainageway or drainage ease-
ment.
(g) No fence shall be erected before all lots
within a drainage system or platted block
have had the final grade established and
approved and all lots within the system or
platted block have had turf established
with grass seed or sod.
Subd. 4. Along property lines. Fences may be
permitted along property lines subject to the
following:
(a) Fences in residential districts may be
placed on the lot line provided that the
footings are within the fence owner1s prop-
erty.
(b) Fences in commercial or industrial dis-
tricts may be erected on the lot line to the
height of six feet; to a height of eight feet
with a security arm for barbed wire.
Subd, 5. Existing. No existing fence in violation
of this Section 31-508 will be allowed to be re-
Supp. No. 29
~ :31-509
placed or rebuilt. Should an existing fence be
replaced or rebuilt, it must come under the regu-
lations of this Section 31-508.
Subd, 6, Impeding drainageways and ease-
ments. No fence shall be erected where it will
impede a drainageway or drainage easement,
Subd. 7. Violations. Violations of Section 31-
508 may be enforced by injunction, and the city
shall be entitled to the remedy of abatement in
order that a fence erected in violation of Section
31-508 may be removed.
Sec. 31-509. Sign regulations.
Sign regulations are as follows:
Subd. 1. Purpose. Signs have an impact on the
character and quality of the environment. They
attract or repel the viewing public and affect the
safety of vehicular traffic. As a historic commu-
nity, this city is unique. The proper control of
signs is of particular importance because of this
historical quality and uniqueness. Signs must be
kept within reasonable boundaries consistent with
the objectives and goals of the community to
retain its special character and economic advan-
tages which rest in part on the quality of its
appearance. The standards in this subdivision are
therefore adopted to regulate signs.
Subd. 2. Permits required. All signs require a
design review permit. An application for design
review may be obtained from the community
development director. The application must con-
tain the following information:
(a) A drawing of the proposed sign showing
dimensions and describing materials, let-
tering, colors, illumination and support
systems.
(b) Photographs of the building face and the
building faces of any adjacent buildings.
(c) A drawing of the building face and site
plan showing the location of the proposed
SIgn.
(d) A cross section of the building face show-
ing how the sign will be attached and how
far it will extend from the building.
CD31:1l7
~ 31-509
STILLWATER CODE
(e) Any pictorial proof or other information
that the sign is of historical significance
or is a reproduction of an historic sign.
(1) A building sign plan for a building with
more than one use or business, showing
all signs.
Subd. 3. General provisions. The following pro-
visions apply to signs located in all zoning dis-
tricts:
(a) All signs and sign structures must be
properly maintained and constructed of
sufficiently permanent materials so they
will resist weathering. Any existing sign
that is rotted, unsafe, deteriorated, de-
faced or altered must be repaired or re-
placed.
(b) Electrical signs must be installed accord-
ing to the state electrical code.
(c) No signs other than governmental signs
may be erected or temporarily placed
within any street right-of-way or upon
public lands or easements or right-of-
ways without city council approval.
(d) No sign or sign structure may be erected
or maintained if it prevents free ingress
or egress from any door, window or fire
escape. No sign may be attached to a
standpipe or fire escape.
(e) A 30-day temporary sign permit may be
granted by the community development
director for special business events.
(f) Signs or supporting structures not used
for signs for 12 consecutive months must
be removed,
(g) The city may grant a permit to locate
signs or decorations on, over or within the
right-of-way for a specified period of time,
(h) All signs must be compatible with the
building and neighborhood where located,
(i) No more than three flags may be dis-
played outside of a building,
(j) A sign must not obscure architectural
features of a building.
(k) A building address is not a sign.
Supp. No. 29
(1) The terms of this subdivision may be
waived if the sign is an historic resource
or if the sign is a reproduction of an
historic sign.
(m) Graphic design signs require a special use
permit,
Subd, 4. Permitted signs. The following signs
are allowed without a permit in all zoning dis-
tricts but must comply with this Section 31-509:
(a) Public signs, integral signs, political signs
and safety signs.
(b) Size. The size of a political sign is regu-
lated as follows:
(1) Residential and CA districts: The
maximum sign size is six square feet
in area with a maximum height of
four feet.
(2) IP districts: The maximum size is 35
square feet in area, Notwithstand-
ing this provision, all noncommer-
cial signs of any size may be posted
from August 1 in a state general
election year until ten days following
the state election.
(c) Holiday signs for a period not to exceed 60
days.
(d) Construction signs. The signs must be
confined to the site and must be removed
within two years ofthe date of issuance of
the first building permit or upon comple-
tion of the project, whichever occurs first.
One sign is permitted for each street the
project abuts. No sign may exceed 32
square feet in multifamily residential, com-
mercial and industrial districts and 12
square feet in single-family residential
districts.
(e) Real estate signs are limited to six square
feet in residential districts and 32 square
feet in commercial districts. Signs must
be removed within ten days after sale or
rental of property.
(1) Rummage sale signs not exceeding four
square feet located on private property
CD31:118
ZONING ORDINANC.E
that conform to the applicable provisions
of this ordinance and are removed at the
termination of the sale.
(g) One nameplate sign, placed on a wall of
the structure, for each dwelling not ex-
ceeding two square feet in area per struc-
ture. No signs shall be so constructed as
to have more than two surfaces.
(h) One nameplate for each dwelling group of
six or more units. The sign may not ex-
ceed six square feet in area per surface.
No sign may be constructed to have more
than two surfaces.
(i) Real estate development project signs.
For a development project of three to 25
acres, one sign not to exceed 100 square
feet of advertising surface may be erected
on the project site. For projects of 26
through 50 acres, one or two signs not to
exceed 200 aggregated square feet of ad-
vertising surface may be erected. For
projects over 50 acres, one, two or three
signs not to exceed 300 aggregate square
feet of advertising surface may be erected.
No dimension shall exceed 25 feet exclu-
sive of supporting structures. The sign
may not remain after 95 percent of the
project is developed. The permit for the
sign must be renewed annually by the city
council, and must be bordered with a
decorative material compatible with the
surrounding area. Ifthe signs are lighted,
it must be illuminated only during those
hours when business is in operation or
when the model homes or other develop-
ment are open for conducting business.
(j) No sign permit is required for window
signage that does not cover more than
one-third of the total area of the window
in which the sign is displayed.
(k) Temporary signs advertising garage sales
are permitted, provided that:
(1) the signs not exceed four (4) square
feet; and
(2) may not be more than three (3) feet
in height above grade; and
Supp. No. 29
CD31:1l9
S 31-509
(3) are removed the same day when the
sale closes for each day; and
(4) are permitted by the owner of the
property on which they are placed;
and
(5) no more than two garage sales per
year are held by any address in any
calendar year; and each sale may not
last longer than three days; and
(6) no sign may be placed upon the
right-of-way nor in parks or on pub-
lic property in a manner that creates
a nuisance to adjacent owners, cre-
ates a safety hazard or blocks the
view of entrances to streets or inter-
sections.
(1) Temporary real estate "open house" signs
may be placed in the right of way provided
that:
(1) The sign not be placed in a manner
that creates a nuisance to adjacent
owners, does not create a safety haz-
ard or block the view of entrances to
streets or intersections.
(2) A sign may be placed one-half hour
before the open house and must be
removed each day immediately after
the open house closes.
(3) A maximum offour signs in residen-
tial zoning district for each open
house.
(4) A sign must not exceed SIX square
feet.
(5) Signs are limited to a four block
radius of the open house.
Subd, 5. Prohibited signs. The following signs
are prohibited in all zoning districts:
(a) Any sign that obstructs the vision of driv-
ers or pedestrians or detracts from the
visibility of any official traffic control de-
VIce.
(b) Any sign that contains or imitates an
official traffic sign or signal, except for
private, on-premises directional signs.
~ 31-509
STILLWATER CODE
(c) Off-premises advertising signs except as
regulated by this Section 31-509.
(d) Any sign that moves or rotates including
electronic reader board signs, except ap-
proved time and temperature information
signs and barber poles.
(e) No sign may display any moving parts, be
illuminated with any flashing or intermit-
tent lights or may be animated, except
time and temperature infonnation. All
displays must be shielded to prevent any
light from impairing the vision of any
driver. No device may be illuminated to
obscure an official traffic sign or signaL
This includes indoor signs which are vis-
ible from public streets.
(f) Roof signs.
(g) Any sign with banners, pennants, rib-
bons, streamers, string oflight bulbs, spin-
ners or similar devices, except where used
for noncommercial purposes or as part of
an approved sign plan.
(h) Portable signs including signs with wheels
removed, attached temporarily or perma-
nently to the ground. Signs mounted on a
vehicle for advertising purposes, parked
and visible from the public right-of-way,
except signs identifying the related busi-
ness when the vehicle is being used on the
normal day-to-day operations ofthat busi-
ness. Hot air or gas filled balloons or
semitruck umbrellas used for advertising.
(i) Signs painted directly on building walls
unless approved by sign permit.
(j) Illuminated signs or spotlights giving off
an intermittent or rotating beam,
(k) Revolving beacons, beamed lights or sim-
ilar devices,
(l) Signs supported by a guy wire,
(m) No sign may be erected, placed or main-
tained by any person on rocks, fences or
trees.
(n) No sign may be erected that will interfere
with any electric light, power, telephone
or telegraph wires or the supports thereof.
Supp. No. 29
(0) Graphic design signs unless approved by
sign permit.
(p) Billboards,
Subd. 6. Permitted signs in residential dis-
tricts, Signs pennitted in residential districts are
as follows:
(a) Professional nameplate wall signs not ex-
ceeding two square feet in area.
(b) Integral signs.
(c) Political signs.
(d) Real estate signs.
(e) Construction signs.
(f) Bulletin boards or public information signs
not over 32 square feet located only on the
premises of public, charitable or religious
institutions.
Subd. 7, Permitted signs by a sign permit in the
central business or general commercial district.
The following signs are permitted in the CBD-
central business or CA-general commercial dis-
tricts with a sign permit:
(a) General requirements. All signs in the
CA-general commercial or CBD-central
business districts are regulated by the
following requirements:
(1) Number. One wall, monument, aw-
ning and canopy or three dimen-
sional sign is allowed per business.
When a building or business abuts
two or more public streets, an addi-
tional sign located on each street
building face is allowed.
(2) Sign plan. When there is more than
one business or use in a building
with more than one sign, a building
sign plan must be provided with the
sign permit application.
(3) Permit review. All signs in the cen-
tral business district require a de-
sign permit and meet the approved
downtown design guidelines for
signage.
CD31:120
ZONING ORDINANCE
(4) Other requirements. All signs must
meet area, location and height re-
quirements.
(b) Wall signs. Wall signs in the CBD or CA
districts shall meet the following require-
ments:
(1) Area. The total building sign age may
have an aggregate area not exceed-
ing one square foot for each foot of
building face parallel or substan-
tially parallel to a street lot line.
(2) Location. A wall sign may not project
more than 16 inches from the wall to
which the sign is affixed.
(3) Height. A wall sign may not project
higher than the parapet line of the
wall to which the sign is affixed or 15
feet as measured from the base of
the building wall to which the sign is
affixed, whichever is lower.
(4) Lighting. Externally illuminated or
back lit letters are allowed, but no
internally illuminated signs are al-
lowed,
(5) Special conditions. Where a princi-
pal building is devoted to two or
more permitted uses, the operator or
each use may install a wall sign for
their use, A sign plan must be sub-
mitted for the entire building. The
total gross signage for the entire
building may not exceed one square
foot for each foot of the building face
parallel, or substantially parallel, to
a street lot line with a maximum of
25 square feet per business.
(c) Freestanding signs, Freestanding signs in
the CBD or CA districts shall meet the
following requirements:
(1) Area. The area of a monument type
freestanding sign may not exceed 30
square feet.
(2) Location. A monument sign may be
located in any required yard but
must have a setback of 15 feet from
any point of vehicular access, public
roadway or property line.
Supp. No. 29
CD31:121
S 31-509
(3) Height. A monument sign may not
project higher than six feet, as mea-
sured from the base of sign or grade
of the nearest roadway, whichever is
lower.
(4) Landscaping. The area around a mon-
ument sign must be landscaped.
(5) Lighting, Externally illuminated or
back lit letters are allowed, but no
internally illuminated signs are al-
lowed.
(d) Awning and canopy signs. Awning and
canopy signs in the CBD or CA districts
shall meet the following requirements:
(1) Area. The gross surface of an awning
or canopy sign may not exceed 50
percent of the gross surface area of
the smallest face of the awning or
canopy to which the sign is affixed.
(2) Location. An awning or canopy sign
may not project higher than the top
of the awning or canopy or below the
awmng or canopy.
(e) Three-dimensional sign. The total area of
a three-dimensional sign in the CBD or
CA districts is determined by enclosing
the largest cross section of the sign in an
easily recognized geometric shape and
computing its area. The area may not
exceed nine square feet.
CD Projecting sign. A projecting sign in the
CBD or CA districts shall meet the follow-
ing requirements:
(1) Area. The total area of a projecting
sign may not exceed six square feet.
(2) Special conditions, A projecting sign
must be easily visible from the side-
walk and not be a hazard to pedes-
trians.
(3) Lighting. If lighted, projecting signs
must be externally illuminated.
Subd. 8. Permitted signs by a sign permit in
BP-business park districts. All commercial, office
and industrial signs in all BP districts are subject
S 31-509
STILLWATER CODE
to the following conditions: One wall, freestand-
ing, awning or canopy sign per business is per-
mitted subject to the following requirements:
(a) Wall signs. Wall signs in the BP district
shall meet the following requirements:
(1) Area. The gross surface area of a
wall sign may not exceed one square
foot for each foot of building, parallel
or substantially parallel to the front
lot line.
(2) Location, A wall sign must be lo-
cated on the outermost wall of any
principal building but may not project
more than 16 inches from the wall to
which the sign is affixed. The loca-
tion and arrangement of all wall
signs is subject to the review and
approval of the community develop-
ment director.
(3) Height. A wall sign may not project
higher than the parapet line of the
wall to which the sign is affixed or 20
feet as measured from the base of
the building wall to which the sign is
affixed, whichever is lower.
(4) Special conditions. Where a princi-
pal building is devoted to two or
more uses, the operator of each use
may install a wall sign upon each
share of the building, A sign plan
must be submitted for the entire
building that shows the location, sizes,
types and elevations of all signs, The
signs are subject to the following
restrictions:
1. All signs must be visually con-
sistent in location, design and
scale.
11, The total gross signage for the
entire building shall not exceed
one square foot for each foot of
building face parallel, or sub-
stantially parallel, to a street
lot line or a minimum of 25
square feet per business.
Supp. No. 29
CD3l: 122
(b) Freestanding signs. Freestanding signs in
the BP district shall meet the following
requirements:
(1) Area. The gross surface area of a
ground sign may not exceed 100
square feet for each exposed face nor
exceed an aggregate gross surface
area of 200 square feet.
(2) Location. A ground sign must be set
back 15 feet from the front or side
property line,
(3) Height. Aground sign may not project
higher than 25 feet, as measured
from base of sign or grade of the
nearest adjacent roadway, which-
ever is lower.
(4) Number. There may be one freestand-
ing sign per development site.
(c) Awning, canopy or marquee signs. Aw-
ning, canopy or marquee signs in the BP
district shall meet the following require-
ments:
(1) Area. The gross surface area of an
awning, canopy or marquee sign may
not exceed 50 percent of the gross
surface area of the awning, canopy
or marquee to which the sign is
affixed,
(2) Location. A sign may be affixed to or
located upon any awning, canopy or
marquee.
(3) Height. An awning, canopy or mar-
quee sign may not project higher
than the top of the awning, canopy
or marquee to which the sign is
affixed.
(d) Multitenant master sign program. A build-
ing master sign program is (for multitenant
commercial buildings) besides the individ-
ual tenant and occupant signs, A building
master identification sign is permitted
according to the following requirements:
(1) Building master identification signs
may not contain the names of any
tenants or occupants of the center.
ZONING ORDINANCE
(2) Ifthe multitenant commercial build-
ing has a floor area of 40,000 square
feet or less, the building may have a
freestanding sign with a maximum
of one square foot of sign for each
five feet of building frontage or 40
square feet maximum with a maxi-
mum height of eight feet.
(3) If the multitenant commercial build-
ing has a floor area greater than
40,000 square feet, but less than the
100,000 square feet, the entry may
have a master identification sign with
a maximum of75 square feet on each
side and with a maximum height of
20 feet.
(4) If the multitenant commercial build-
ing has a floor area of greater than
100,000 square feet, the center may
have a master identification sign with
a maximum area of 120 square feet
on each side and a maximum height
of 25 feet.
Subd. 9. Directory signs. Directory signs are
used to guide pedestrians to individual busi-
nesses within a multitenant commercial area and
are permitted in BP business park districts, sub-
ject to design review.
(a) Placement, Directory signs must be placed
on the site ofthe development and may be
erected only in internal pedestrian access
areas and not in vehicle access areas.
(b) Area. A directory sign may have maxi-
mum area on one square foot for each
business listed on the sign and four square
feet for the name of the building or com-
plex.
(c) Size. Directory signs may be freestanding
but may not exceed 6 1/2 feet in height.
(d) Use. A directory sign may only be used for
directions and identification.
Subd. 10. Automobile service station signs. Au-
tomobile service stations may have one wall sign
and one ground sign, subject to the following
conditions:
(a) Wall signs, There may be no more than
one wall sign with a maximum sign area
of one square foot for each linear foot of
building frontage.
Supp. No. 29
~ 31-509
(b) Freestanding signs. There may be no more
than one freestanding sign for each prin-
cipal building. A freestanding sign may be
set back 15 feet from the front and side
property line. A freestanding sign may not
project higher than 20 feet as measured
from grade or contain more than 65 square
feet of signage.
(c) Service bay and island identification signs.
Service bay and island identification signs
are permitted providing direction or in-
struction to persons using the facility but
containing no advertising materia1.
Subd. 11, Special sign height limits. Because of
the character of the area, including existing and
proposed land use, special sign height limits for
freestanding signs are required for certain streets
as follows:
(a) Curve Crest Boulevard from South Greeley
to Washington Avenue and Orleans from
Washington Avenue to County Road Five,
six feet.
(b) County Road Five from Highway 36 to
Croixwood Boulevard and South Greeley
from Orleans to Highway 36, 20 feet,
(c) Washington Avenue from Tower to Or-
leans Street, six feet.
Subd. 12. Nonconforming signs. Nonconform-
ing signs that are unlawful on December 20,1988,
have rights outlined in Section 31-216 of this
chapter with respect to their alteration, exten-
sion, restoration and abandonment. Any person
violating or failing to comply with any provision of
this subdivision will, upon conviction, be guilty of
a misdemeanor.
Subd. 13. Violations. If violations of this sub-
division are unabated 30 days after written notice
to the record owner of the property on which the
sign is located, the city may proceed to abate and
remove the violation and, if deemed necessary, to
have cost thereof specially assessed against the
lot or parcel where the violation was located.
CD31:123
12,17401.15.G.
Signs.
401.15.G.1. FINDINGS, PURPOSE AND EFFECT:
a. Findings: The City finds:
1) Exterior signs have a substantial impact on the character and quality
of the environment.
2) Signs provide an important medium through which individuals may
convey a variety of messages.
3) Signs can create traffic hazards, aesthetic concerns and detriments to
property values, thereby threatening the public health, safety and
welfare.
4) The City Code has included the regulation of signs in an effort to
provide adequate means of expression and to promote the economic
viability of the business community, while protecting the City and its
citizens from a proliferation of signs of a type, size, location and
character that would adversely impact the aesthetics of the community
and threaten the health, safety and welfare of the community. The
regulation of physical characteristics of signs within the City has had a
positive impact on traffic safety and the overall appearance of the
community.
b. Purpose and intent: It is not the purpose or intent of this sign ordinance
to regulate the message displayed on any sign; nor is it the purpose or
intent of this ordinance to regulate any building design or any display not
defined as a sign, or any sign which cannot be viewed from outside a
building. The purpose and intent of this ordinance is to:
1) Regulate the number, location, size, type, illumination and other
physical characteristics of signs within the City in order to promote
the public health, safety and welfare.
2) Maintain, enhance and improve the aesthetic environment of the
City by preventing visual clutter that is harmful to the appearance of
the community.
3) Improve the visual appearance of the City while providing for
effective means of communication, consistent with constitutional
guarantees and the City's goals of public safety and aesthetics,
4) Provide for fair and consistent enforcement of the sign regulations
set for herein under the zoning authority of the City.
15-46
c. Effect: A sign may be erected, mounted, displayed or maintained in the
City if it is in conformance with the provisions of this Ordinance. The effect
of this Ordinance, as more specifically set forth herein, is to:
1) Allow a wide variety of sign types in commercial zones, and a more
limited variety of signs in other zones, subject to the standards set
forth in this sign ordinance.
2) Allow certain small, unobtrusive signs incidental to the principal use
of a site in all zones when in compliance with the requirements of
this sign ordinance.
3) Prohibit signs whose location, size, type, illumination or other
physical characteristics negatively affect the environment and
where the communication can be accomplished by means having a
lesser impact on the environment and the public health, safety and
welfare.
4) Provide for the administration and enforcement of the provisions of
this sign ordinance.
401.15.8,2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise
allowed by this sign ordinance may substitute non-commercial copy in lieu of any
other commercial or non-commercial copy. This substitution of copy may be made
without any additional approval or permitting. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over non-commercial
speech, or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific provision to
the contrary.
401.15.8.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs
between this Section and other provisions of this Ordinance, as amended, the
conditions as set forth in this Section, as amended, shall prevail.
401.15.8.4. DEFINITIONS.
Sign Related:
1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter.
2. Alteration: Any change to a sign excluding routine maintenance, repair,
painting or change of copy of any existing sign.
15-47
3. Animated Sign: Any sign that uses movement or change of lighting to depict
action or create a specific effect or scene, including devices with or without a
commercial message, such as spinners and windsocks, but not including
barber poles and time and temperature signs.
4. Artificial Light: Illumination resulting from internal or external artificial light
sources, including glare and reflected light byproducts of artificial light
sources.
5. Awning: A temporary hood or cover which projects from the wall of a
building, and of a type which can be retracted, folded, or collapsed against
the face of a support building.
6. Balloon: A flexible, inflated bag in various shapes and colors.
7. Banner: Attention getting devices which resemble flags and are of a paper,
cloth or plastic-like consistency.
8. Bannerette: Flexible material that resembles a flag, and has minimum
dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by
five (5) feet. A smaller sized bannerette is defined as a pennant.
9. Beacon: Any light with one (1) or more beams directed into the atmosphere
or directed at one (1) or more points not on the same lot as the light source;
also, any light with one (1) or more beams that rotate or move.
10. Bench Signs: A sign which is affixed to a bench such as at a bus stop.
11. Building Facade: That portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves and the entire
width of the building elevation.
12. Cabinet Sign: A sign that has framing around the entire sign message with a
removable face.
13. Canopy Sign: The area of copy, graphic, or identification which is affixed to a
projection or extension of a building or structure, including a marquee,
erected in such a manner as to provide a shelter or cover over the approach
to any entrance of a store, building, or place of assembly.
14. Changeable Copy Sign: A sign or portion thereof with characters, letters,
or illustrations that can be changed or rearranged without altering the face or
the surface of the sign. A sign on which the message changes more than
eight (8) times per day shall be considered an animated sign and not a
changeable copy sign for purposes of this Ordinance.
15-48
15. Commercial Speech: Speech advertising a business, profession, commodity,
service or entertainment.
16. Copy: The wording on a sign surface either permanent or removable letter
form.
17. Flag: A piece of cloth or bunting varying in color and design, used as a
symbol, standard, emblem, or insignia.
18. Flashing Sign: An illuminated sign upon which the artificial light is not kept
constant in terms of intensity or color when the sign is illuminated.
19. Freestanding Sign: A self-supported sign not affixed to another structure.
20. Ground/Low Profile Sign: A sign that is intended to be incorporated into
some form of landscaping design scheme or planter box, is not elevated from
the ground by means of a pole or free-standing support structure, but is
placed directly on the ground or on an interior planter base which is
incorporated into such a design arrangement.
21. Illuminated Sign: A sign illuminated by an artificial light source either directed
upon it or illuminated from an interior source.
22. Integral Sign: A sign carved into stone, concrete or similar material or made
of bronze, aluminum, or other permanent type of construction and made an
integral part of the structure.
23. Marquee: See canopy.
24. Maximum Height of Sign: The vertical distance from the base of the sign, or
the grade of the road centerline, whichever is higher, to the top of the sign.
25. Message Sign: A sign which allows for the graphic and/or verbal content to
be changed, when desired, through electronic or manual methods.
26. Monument Sign: A freestanding sign that is intended to be incorporated into
some form of landscaping design scheme or planter box, is attached to the
ground by means of a freestanding support structure, is solid from grade to
the top of the structure, has materials that are constructed of the same
primary building materials of the principal structure, is placed directly on the
ground or on an interior planter base which is incorporated into a design
arrangement. A monument sign shall be considered as one sign though it
may have two (2) faces.
27. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives
illusion of motion.
15-49
28. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2)
directions.
29. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp
without filaments that is bent into letters or designs.
30. Non-Commercial Speech: Dissemination of messages not classified as
Commercial Speech which include, but are not limited to, messages
concerning political, religious, social, ideological, public service and
informational topics.
31. Off-Premises Sign: A commercial speech sign which directs the attention of
the public to a business, activity conducted, or product sold or offered at a
location not on the same lot where such sign is located. For purposes of this
sign ordinance, easements and other appurtenances shall be considered to
be outside such lot and any sign located or proposed to be located in an
easement or other appurtenance shall be considered an off-premises sign.
32. On-Premises Messages: Identify or advertise an establishment, person,
activity, goods, products or services located on the premises where the sign
was installed.
33. Opaque: A degree of obscuration of light.
34. Parapet: A low protective wall which is located along the edge of a roof on a
building.
35. Pennants: Flexible material, whether or not containing a message of any
kind, suspended from a rope, wire, or string, usually triangular shaped and in
a series, designated to move in the wind.
36, Portable Sign: Any sign which is manifestly designed to be transported,
including by trailer on its own wheels, even though the wheels of such sign
may be removed and the remaining chassis or support is converted to
another sign or attached temporarily or permanently to the ground since this
characteristic is based on the design of such a sign.
37. Principal Building: A building or buildings in which is conducted the principal
use of the lot, not including storage buildings, garages, and buildings for
other clearly accessory uses.
38. Principal Frontage: The wall of the principal building on a lot which fronts
toward the principal public streets.
15-50
39. Projecting Sign: A sign, other than a wall sign, which is affixed to a building
and which extends perpendicular from the building wall.
40. Public Entrance: Any passage or opening which affords entry and access to
the general public or customer.
41. Public Entrance, Common: A public entrance providing access for the
utilization and benefit of two (2) or more tenants or building occupants.
42. Pylon Sign: A freestanding sign erected on one (1) or more freestanding
shafts, posts, or piers which are solidly affixed to the ground and not attached
to a building. A pylon sign shall be considered as one (1) sign though it may
have two (2) faces.
43. Ribbons or Streamers: Long or varied lengths of flexible material used to
decorate.
44. Roof Line: The top of the cornice or, when the building has a pitched roof,
the intersection of the outside wall with the roof.
45. Roof Sign: Any sign which is erected, constructed or attached wholly or in
part upon any roof or over the highest roof line of a building.
46. Rotating Sign: A sign which revolves or rotates on its axis by mechanical
means,
47. Service Entrance: Secondary passage or opening to a structure which is
intended for delivery and removal of merchandise or goods, and which is not
intended as a public entrance.
48. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or
representation in nature of advertisement, announcement, message or visual
communication, whether painted, posted printed, affixed or constructed,
including all associated brackets, braces, supports, wires and structures,
which is displayed for informational or communicative purposes.
49. Sign Area: The surface of the sign upon, against or through which the
message of the sign is exhibited.
50. Sign Setback: The distance from the property line and curb to the nearest
part of the sign, measured perpendicularly to the property line or curb.
51. Sign Structure: The supports, uprights, bracing and framework for a sign.
52. Special Events: A temporary indoor or outdoor promotional or sales event.
15-51
53. Street Frontage: The side of a lot abutting one (1) or more streets. An
interior lot has one (1) street frontage and a corner lot has two (2) or more
frontages.
54. Temporary Indoor Promotional or Sales Event: A temporary promotional or
sales event directed towards the general public including only grand
openings, storewide sales, craft shows, registration for day care, an
educational, recreational, civic or religious activity, and community
celebrations.
55. Temporary Outdoor Promotional or Sales Event: A temporary promotional or
special event sale directed towards the general public, including only grand
opening sales, storewide sales of materials and products that are typically
sold or serviced on the premises, registration for day care, an educational,
recreational, civic or religious activity, community celebrations, warehouse
sales, tent sales, sidewalk sales, craft shows, flea markets, inventory
reduction and liquidation sales, and mechanical or animal rides.
56. Total Allowable Sign Area: The maximum allowable gross surface area in
square feet of a sign or signs. The maximum number of signs cannot be
arranged and integrated so as to create a surface area in excess of this
requirement.
57. Traffic Sign: A sign which is erected by a governmental unit for the purpose
of directing or guiding traffic.
58. UL Approved: A device which has been approved by the "Underwriters'
Laboratories" .
59. Wall Sign: A sign affixed to the exterior wall of a building and which is
parallel to the building wall. A wall sign does not project more than twelve
(12) inches from the surface to which it is attached, nor extend beyond the
top of the parapet wall. Banners do not qualify as a wall sign.
60. Wall Graphics: A sign painted directly on an exterior wall.
61. Window Sign: A temporary sign affixed to the outside or inside of a window or
inside the building within three (3) feet of a window in view of the general
public.
15-52
401.15.G.5. GENERAL PROVISIONS.
a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its
location, color or intensity, create a hazard to the safe, efficient movement of
vehicular or pedestrian traffic. No' private sign shall contain words which
might be construed as traffic controls, such as "stop", "caution", "warning",
etc., unless such sign is needed to !direct traffic on the premises.
b. Signs on Fences, Poles, and NatLral Features. No signs, guys, stays or
attachments shall be erected, placed or maintained on rocks, fences, or
trees, nor interfere with any electric light, power, telephone or telegraph wires
or the supports thereof, with the exception of signs necessary for security, or
to preserve public safety, as determined by the City Council.
c. Wall/Root Attachments. No sign shall be attached to hang from any
building until all necessary wall and/or roof attachments have been approved
by the Building Official.
d. Right-ot-Way, Public Lands and Easements. No signs other than
governmental signs shall be erected or temporarily placed within any street
rights-of-way or upon any public lands or easements or rights-of-way.
e. Ingress/Egress. No sign or sign structure shall be erected or maintained if
it prevents free ingress or egress from any door, window, or fire escape. No
sign or sign structure shall be attached to a stand pipe or fire escape.
f. Property Number. A minimum of one (1) sign, as assigned by the City, shall
be required on each principal building in all districts. Such sign shall be of
sufficient size to be legible from the nearest street yet shall not exceed nine
(9) square feet in area. The numbers shall be metal, glass, plastic or durable
material and the numbers shall not be less than three and one-half (3.5)
inches in height, in a contrasting color to the base or made of some reflective
material and so placed to be easily seen from the street.
g. Sign Message. Signs and sign structures shall be properly maintained and
kept in a safe condition. Sign or sign structures which are rotted, unsafe,
deteriorated or defaced, as determined by the City Building Official shall be
removed, repainted, repaired, or replaced by the permit holder, owner or
agent of the property upon which the sign stands.
h. Electrical Building Code. All signs shall be constructed in accordance with
the Minnesota State Building Code and the National Electrical Code. The
maximum brightness of the signs in combination with the building and site
lighting shall not exceed the standards found in Section 401.15.8.7 of this
Ordinance. All electrical service wiring shall be buried.
15-53
I. Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and I
Districts may only be illuminated during business hours, or until eleven
o'clock (11 :00) PM, whichever is later.
j. External Lighting. Signs with external lighting shall have no exposed light
sources or fixtures unless decorative fixtures are utilized and the light source
is fully concealed and diffused.
k. Internal Lighting. Signs with internal lighting shall include illumination of
only the text and/or logo portion of the message. Back lighting of signage on
fabric awnings is prohibited.
I. Neon. Neon signs shall be limited to channel letter signs, logos, and
permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I
Districts.
m. Setbacks. No part of a sign or sign structure shall be placed closer to the
property line than five (5) feet.
n. Flags. No more than three (3) flags may be displayed outside of a building.
This number may, however, be increased provided an interim use permit is
issued in compliance with Section 401.05 of this Ordinance and the following
standards are met:
1) Where multiple flagpoles are used, there shall be a maximum spacing
of twenty (20) feet allowed between the poles.
2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or
Executive Order shall apply to Federal and/or State flag displays.
o. Angle Signs. The maximum angle permitted between faces of a double
face freestanding sign is sixty (60) degrees, anything less is one (1) sign,
anything more is two (2) signs.
p. Property Lines. No sign shall be positioned so that it impacts or is exposed
to residential uses or districts along adjoining side and rear yard property
lines.
401.15,G.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are
allowed without a permit unless otherwise specified. These signs, if placed in
accordance with the following standards, will not apply toward the maximum
allowable sign area, but shall comply with all other applicable provisions of this
Ordinance.
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a. Campaign Non-Commercial Speech Signs. Notwithstanding any other
provisions of the sign ordinance, all signs of any size containing non-
commercial speech may be posted from August in any general election year
until ten (10) days following the general election and thirteen (13) weeks prior
to any special election until ten (10) days following the special election, in
accordance with Minnesota State Statutes Section 211 B.045, as amended.
b. Signage on bus benches, as regulated in the Oak Park Heights Code of
Ordinances. For the purposes of this Ordinance, such sign age shall not be
considered to be off-premises advertising signage.
c. Permanent Window Signage. Shall not exceed twenty-five (25) percent of
the total area of the window in which they are displayed. Lettering used in
permanent window sign age exceeding three and one-half (3.5) inches in
height shall be included in the calculations of allowable sign area permitted
on that side of the building. Use of neon for permanent window sign shall be
allowed within the requirements of this Section.
d. Temporary Window Signs. Temporary window signs shall be permitted
within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they do
not exceed ten (10) percent of the front building facade.
e. Additional Allowed Signs.
1) Two (2) signs not exceeding twelve (12) square feet shall be allowed
per lot.
2) Upon approval of a final plat for a subdivision having not less than
five (5) lots provided that:.
a) One (1) sign shall be allowed per project or subdivision or
one (1) sign for each frontage to a major collector or arterial
street, whichever is greater.
b) The area of the sign shall not exceed thirty two (32) square
feet.
c) Freestanding signs shall be limited to a maximum height of
eight (8) feet.
d) The sign shall not be displayed for a period to exceed twenty
four (24) months from the date a permit is issued for the sign
or until building permits have been issued for eighty-five (85)
percent of the lots or dwelling units within the subdivision,
whichever is less restrictive.
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3) A sign shall be allowed for a subdivision having not less than three (3)
lots or principal buildings at its entrance from a major collector or
arterial street provided that:
a) Not more than one (1) sign shall be allowed at each entrance
from a major collector or arterial street.
b) The area of each sign shall not exceed fifty (50) square feet.
c) Freestanding signs shall be limited to a maximum height of
fifteen (15) feet.
d) The sign(s) shall be located to accommodate said sign and
related landscaping to meet all setback requirements. If the
sign(s) are to be located on outlots, the outlots shall be
designated on the preliminary plat and detailed plans for the
area identification signs shall be submitted with the final plat.
e) The area around the sign shall be landscaped in such a
manner to accent and enhance the sign while remaining
sensitive to the natural features of the site. Detailed site and
landscape plans shall be included with each sign permit
application and shall be subject to review and approval of the
Zoning Administrator.
f) The design and construction of the sign shall be done with the
highest quality materials and workmanship to keep
maintenance and upkeep costs to a minimum and to minimize
the potential for vandalism. The signs are to be aesthetically
pleasing when designed and constructed. The sign shall be
compatible with nearby structures in the area. Detailed
construction plans and a materials list shall be included with
each sign permit application and shall be subject to the review
and approval of the Zoning Administrator.
4) Additional signs shall be allowed upon approval of a final plat for a
subdivision having not less than three (3) lots or approval of site
and building plans for one (1) lot by the Zoning Administrator
provided that:
a) One (1) sign shall be allowed per project or subdivision or
one (1) sign for each frontage to a major collector or arterial
street, whichever is greater.
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b) The area of the sign shall not exceed sixty four (64) square
feet.
c) Freestanding signs shall be limited to a maximum height of
eight (8) feet.
d) The sign shall not be displayed for a period to exceed twelve
months (12) months from the date a permit is issued for the
sign or until occupancy permits have been issued for eighty-
five (85) percent of the tenant spaces within the
development, whichever is less restrictive.
401.15.8.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are
prohibited in all zoning districts:
a. Any sign which obstructs or impairs the vision of drivers or pedestrians or
detracts from the visibility of any official traffic control device.
b. Any sign which contains or imitates an official traffic sign or signal.
c. Off-premises signs.
d. Business signs on or attached to equipment, such as semi-truck trailers,
being used in such a manner that advertising is a principal use of the
equipment.
e. Animated signs.
f. Projecting signs.
g. Roof signs.
h. Signs displayed on vehicles within open sales lots.
i. Any sign or display which contains or consists of banners, bannerettes,
pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold
air inflatable devices, spinners or similar outdoor advertising devices, except
as may be approved by a special event permit in accordance with the
provisions as set forth in Section 401.15.8.8 of this Ordinance.
j. Portable signs.
k. Wall graphics.
I. Beacons.
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m. Multi-faced signs.
n. Signs supported by guy wires.
o. Cabinet signs on buildings, except for logo signs.
p. Signs and/or posts which are tacked onto trees, fences, utility poles or other
such permanent supports, except safety signs and signs found on fences of
athletic facilities
q. All signs over four hundred (400) square feet in area.
401.15.G,8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first obtaining
a sign permit.
b. Number of Events. The business or applicant in all business and industrial
zoning districts, as well as each public and institutional use in residential
districts, shall be allowed three (3) special events per calendar year. Each
special event shall not exceed ten (10) days and shall not be extended for a
total of three (3) consecutive time periods for each business. Once the time
period has expired for the special event the applicant shall wait the same
number of days that the sign permit was issued to start a new special event.
c. Permitted Signs and Displays. The signs and displays described below are
permitted for special events in addition to the maximum allowable sign area,
provided they are professionally done and the following standards are met
and complied with:
1) Small Balloons.
a) The size of small balloons or a group of connected balloons
shall not exceed two (2) feet as the largest dimension, except
that balloon arches not exceeding eight (8) feet in height shall
be allowed.
b) Small balloons may be multi colored and incorporate logos and
messages.
c) Helium balloons shall be refilled daily.
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2) Tents.
a) Tents, including all ties, ropes, stakes, etc., shall be located
entirely upon the permittee's property and shall comply with the
City's setback requirements for accessory buildings.
3) Bannerettes.
a) Bannerettes may be used on light standards or flag poles.
b) No more than one (1) bannerette shall be allowed per standard
or pole.
c) Bannerettes shall be smaller than any United States flag on the
property, and shall not be flown at a height greater than any
United States flag allowed on the property.
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
provided that are well secured and are prevented from being
blown around uncontrollably by the wind.
b) No more than two (2) banners shall be allowed.
c) Banners shall not be larger than one hundred (100) square feet
or higher than the wall of the principal building on the lot.
5) Search lights.
a) Search lights as regulated in Section 401.15.B. 7 .g.1) of this
Ordinance.
d. Prohibited Signs and Displays for Special Events. The signs or displays
described below are prohibited for special events:
1) Animated signs, light bulb strings, pennants, portable signs, ribbons,
and streamers.
2) Displays or special features on any landscaped areas or on roofs.
3) Aerial rides.
4) Large balloons or collections of small balloons exceeding two (2) feet
in diameter, except for balloon arches not exceeding eight (8) feet in
height.
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5) Additional lighting that does not meet this Ordinance.
6) Any sign or display in the public right-of-way.
7) Air inflatable devices.
e. Sign Permit Requirements for Special Event Lot Decorations. Before
any special event signs or decorations shall be permitted to be used for an
event, the responsible property owner or organization shall submit a
completed application for a sign permit with the City. In addition to other
requirements, the applicant shall show that when the event is held, adequate
parking area will continue to exist, even though a portion of required parking
spaces may be used to celebrate the event. Only after the City issues the
sign permit, may a business display the special event signs and decorations.
f. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
401.15.8.9. DISTRICT REGULATIONS.
a. R-1, R-1A, R-1B, R-1C, Single Family Residential and R-2, Low to
Medium Density Residential Districts. Except as otherwise provided in
this Ordinance, signs in these districts shall be limited to:
1) One (1) sign for each unit in a single and two family residential
dwelling not exceeding two (2) square feet in area per surface. Lots
abutting more than one (1) right-of-way shall be allowed one (1) sign
not to exceed two (2) square feet in area per frontage.
2) Any multiple dwelling structure with three (3) or more units shall be
allowed one (1) monument sign, not to exceed six (6) feet in height or
one (1) wall sign, the aggregate square footage of sign space shall not
exceed thirty-two (32) square feet.
3) Other non-residential uses permitted or conditionally permitted in the
R-1, R-1A, R-1 B, R-1 C, and R-2 Districts shall be allowed one
monument sign, not to exceed eight (8) feet in height and one (1) wall
sign, the aggregate square footage of sign space shall not exceed
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forty (40) square feet. The signs shall not be illuminated except by
conditional use permit as provided for in Section 401.03 of this
Ordinance.
4) One (1) freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed four (4) square feet shall be allowed for home occupations as
provided for in Section 401.15.M of this Ordinance, and day care
nursery facilities as provided for in Section 401.15.N of this
Ordinance. The sign shall not be illuminated except by conditional
use permit as provided for in Section 401.03 of this Ordinance.
5) One (1) freestanding sign, not to exceed six (6) feet in height or one
(1) wall sign, the aggregate square footage of sign space shall not
exceed six (6) square feet shall be allowed for bed and breakfast
facilities as provided for in Section 401.22.E.3 of this Ordinance. The
sign shall not be illuminated except by conditional use permit as
provided for in Section 401.03 of this Ordinance.
6) Exceptions in numbers of height or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
b. 0, Open Space Conservation and R-3, Multiple Family Residential
Districts. Except as otherwise provided in this Ordinance, signs in these
districts shall be limited to:
1) One (1) sign for each unit in a single and two family dwelling not
exceeding two (2) square feet in area per surface. Lots abutting more
than one (1) right-of-way shall be allowed one (1) sign not to exceed
two (2) square feet in area per frontage.
2) Any multiple family structure with three (3) or more units shall be
allowed a total of four (4) signs for anyone (1) project to include the
following:
a) One (1) monument sign per entrance to the project not to
exceed twenty-four (24) square feet or eight (8) feet in height.
b) Wall signs not more than twenty-four (24) square feet nor
higher than the top on the parapet wall or eave.
3) Other non-residential uses permitted or conditionally permitted in the
0, Open Space Conservation or R-3, Multiple Family Residential
Districts shall be allowed one monument sign, not to exceed eight (8)
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feet in height and one (1) wall sign, the aggregate square footage of
sign space shall not exceed forty (40) square feet.
4) Parks or public facilities shall be allowed one (1) monument sign per
street entrance, not to exceed eight (8) feet in height and one (1) wall
sign. The aggregate square footage of sign space shall not exceed
sixty (60) square feet.
5) Exceptions in numbers of, height, or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
c. PII, Public Institutional; R-B, Residential Business; and B-1,
Neighborhood Business Districts. Except as otherwise provided in this
Ordinance, signs in these districts shall be limited to three (3) signs per
principal use upon the subject property, subject to the following conditions:
1) One (1) freestanding monument sign per entrance not more than forty
(40) square feet or more than eight (8) feet in height;
2) Wall signs not more than forty (40) square feet nor higher than the top
of the parapet wall or eave.
3) Parks or public facilities shall be allowed one (1) monument sign per
street entrance, not to exceed eight (8) feet in height, and one (1) wall
sign. The aggregate square footage of sign space shall not exceed
sixty (60) square feet.
4) Exceptions in numbers of, height, or size of signs may be allowed for
the signs indicated in Section 401.15.G.9 of this Ordinance by
conditional use permit, as provided for in Section 401.03 of this
Ordinance.
d. B-2, General Business; B-3, Highway Business and Warehousing; B-4,
Limited Business District; and I, Industrial Districts. Except as otherwise
provided in this Ordinance, single occupancy business signs in these districts
shall be limited to:
1) Maximum Allowable Sign Area.
Column A
Allowable
Siqn Areall
Column B
Percentage
Allowable~_
Column C
Total
Allowable;ll
B-2 and B-3 Districts
B-W and I Districts
100 SF or
125SFor
15% up to
18% up to
300 SF
400 SF
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Footnotes:
1) Allowable sign area regardless of building facade,
2) Maximum allowable sign area based on percentage area of front building
facade. When a building faces two (2) or more streets, calculation of the
maximum allowable sign area shall be based upon the front building facade
and the smallest building facade facing a street frontage,
3) Total maximum allowable sign area per lot or business. Sign areas
exceeding the maximum shown on column c) but less than the area allowed
in column b) hereof, may be allowed by conditional use permit or as part of
an approved planned unit development.
2) Freestanding Signs.
a) A maximum of one (1) freestanding sign is allowed upon any
single lot. Sign area may not exceed one hundred (100)
square feet and a maximum height of twenty (20) feet. The
freestanding sign base shall be surrounded with a landscape
planter at least three (3) feet in height and constructed of
materials to match the principal building. The planter shall
contain decorative shrubbery and/or flower materials.
b) Two (2) additional freestanding signs may be allowed provided
they are in compliance with the following standards:
(1) The signs are constructed as a monument sign and
shall not exceed a height of eight (8) feet.
(2) Decorative shrubbery and/or flowers must be
incorporated as a part of the monument design and are
maintained on a regular basis.
(3) The gross area of the signs, when added together with
all other freestanding and wall sign areas, does not
exceed the maximum allowable sign area established
for the lot.
(4) Monument signs may incorporate additional berming on
a slope of three to one (3:1) where the berming is
incorporated into an overall landscape design plan.
Landscaping shall be provided on the slopes of the
berm in an interesting and varied appearance_ Where a
planter box is incorporated, the landscaping shall occur
in and around the planter with a similar attractive
design. In both cases, the height of the sign, including
the planter box shall not exceed eight (8) feet.
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(5) Signs allows pursuant to Section 401.15.G.6 of this
Ordinance.
c) The cumulative total sign area, when added to the gross sign
area of all wall signs on the site, except for wall and
freestanding signs that do not count toward the maximum
allowable sign area pursuant to Section 401.15.G.6 of this
Ordinance, shall not exceed the maximum allowable sign area
under Section 401.15.G.9.d.1) of this Ordinance.
3) Wall Signs.
a) The maximum number of wall signs on any principal building
shall be two (2), and in all cases, each sign shall be placed on
a separate building facade, with or without street frontage
except as allowed for multiple occupancy buildings in Section
401.15.G.10.d of this Ordinance.
b) The maximum number of wall signs allowed may be increased
over two (2) by conditional use permit for single occupancy
buildings provided the following minimum standards are met:
(1) There shall be no freestanding sign exceeding eight (8)
feet in height upon the lot.
(3) The wall signs shall be identical in style, color and size.
c) The cumulative total sign area, when added to the gross sign
area of all freestanding signs on the site, except for wall and
freestanding signs that do not count toward the maximum
allowable sign area pursuant to Section 401.15.G.6 of this
Ordinance, shall not exceed the maximum allowable sign area
under Section 401.15.G.9.d.1) of this Ordinance.
d) Signs may also be placed on the side of a building not facing a
street. No building site may have signage in excess of the
signage allowed for that side of the building based upon the
maximum allowable sign area of the building facade.
e. Sign Tables. Sign tables that summarize the district sign allowances are
found on the following page.
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SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET*
Zoning Identifi- Freestanding Wall Temp Perm
District cation Window Window
All Res. Non- All Res. Non-
Uses Res. Uses Res.
0 -- -- 24 40' -- 24 40' -- 25%6
R-1/R-2 -- -- 322 40' -- 322 40' -- 25%6
R-3 -- -- 24 40' -- 24 40' -- 25%6
R-B 4 40 -- -- 40 -- -- 100// 25%6
B-1 4 40 -- -- 40 -- -- 100// 25%6
B-2 4 1003 -- -- -- 3 -- -- 10%7 25%6
B-3 4 1003 -- -- -- 3 -- -- 100// 25%6
B-4 4 1003 -- -- -- 3 -- -- 100// 25%6
BW 4 1005 -- -- -- 5 -- n 10%7 25%6
I 4 1005 -- -- 5 -- -- 100// 25%6
P-I -- 40 -- -- 40 -- -- -- 25%6
1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet.
2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet.
3 Allowable sign area is 100 square feet or 15% of front building facade up to 300 square feet.
4 Allowable sign area is 50 square feet or 10% of front building facade up to 200 square feet.
5 Allowable sign area is 125 square feet or 18% of front building facade up to 400 square feet.
6 Percentage based upon total window area.
7 Percentage based upon front building facade.
SIGN TYPE AND MAXIMUM HEIGHT IN FEET*
Zoning Freestanding Freestanding Wall Address
District Monument
0 8 8 Top of parapet wall or eave 3.5 in.
R-1/R-2 8 6 Top of parapet wall or eave 3.5 in.
R-3 8 8 Top of parapet wall or eave 3.5 in.
R-B 8 8 Top of parapet wall or eave 3.5 in.
B-1 8 8 Top of parapet wall or eave 3.5 in.
B-2 8 20 Top of parapet wall or eave 3.5 in.
B-3 8 20 Top of parapet wall or eave 3.5 in.
B-4 8 20 Top of parapet wall or eave 3.5 in.
BW 8 20 Top of parapet wall or eave 3.5 in.
I 8 20 Top of parapet wall or eave 3.5 in.
P-1 8 8 Top of parapet wall or eave 3.5 in.
* Not a complete listing. Please refer to Section 401.15.8.9, District Regulations and Section
401.15.8.10, Special District Provisions for specific standards.
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