HomeMy WebLinkAbout1991-08-12 CPC Packetrx_�`1110
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THE BIRTH PLACE OF MINNESOTA
THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, AUGUST 12, 1991 AT
7:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTH STREET.
AGENDA
Approval of Minutes - June 10, 1991
PUBLIC HEARINGS
1. Case No. V/91-39 - A Variance to the frontyard setback requirements (twenty
feet requested, thirty feet required) for the construction of eight single
family homes on the north side of Van Tassel Drive and the east side of
Neal Avenue. Lots 1 through 8, Oak Glen 13th Addition, in the RA, Single
Family Residential District. David Johnson, Applicant.
2. Case No. V/91-40 - A Variance to the Sign Ordinance setback requirements
(fifteen feet required, zero feet provided) for the placement of a 100
square foot monument -type building identification and office directory sign
at 1905-1983 South Greeley Street (Greeley Square), in the BP-C Business
Park Commercial District. James M.-Waters, Applicant.
3. Case No. V/91-41 - A Variance to the frontyard setback requirements
(sixteen feet, three inches requested, thirty feet required) for the
construction of a single family home on the east side of Riverview Drive
(next to 1419 Riverview Drive). The property location is Lot 1, St. Croix
Heights, in the RA, Single Family Residential District. Robert H. Mason
Homes, Applicant.
4. Case No. SUP/91-42 - A Special Use Permit to conduct a commercial
entertainment concert studio at 116 East Chestnut Street in the CBD,
Central Business District. David G. Peterson -Water Music, Applicant.
5. Case No. V/91-43 - A Variance to the Sign Ordinance for the construction of
a sign twenty eight inches in height (twenty four inches allowed based on
River Heights Plaza Sign Program) located at River Heights Plaza in the
BP-C, Business Park Commercial District. Sign Services, Applicant.
6. Case No. V/91-44 - A Variance to the Sign Ordinance for the placement of a
forty five square foot monument sign approximately twelve feet from the
street at 1826 Tower Drive in the BP-0, Business Park -Office District.
Janet Jezior, Applicant.
OTHER BUSINESS
7. Recommendation of two vacancies on the Planning Commission.
8. Review and discussion of Floodway Zoning Amendment.
9. Review and discussion of Sign Ordinance regulations and variance request
report.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
STILLWATER PLANNING COMMISSION
MINUTES
Date: June 10, 1991
Time: 7:00 p.m.
Members Present: Gerald Fontaine, Chairman
Angela Anderson, Glenna Bealka, Duane Elliott,
Gary Funke, Rob Hamlin, Warren Pakulski,
and Don Valsvik
Steve Russell, Comm. Dev. Director
Ann Pung-Terwedo, Planner
Members Absent: Judy Curtis
Chairman Fontaine called the meeting to order.
APPROVAL OF MINUTES
Motion by Gary Funke to approve the minutes of the meeting of May
13, 1991 as submitted. Seconded by Don Valsvik. Motion carried.
PUBLIC HEARINGS
Case No. V/91-29 - A Variance to the Sign Ordinance for the
placement of a fourteen square foot sign below an existing pylon
sign at 2000 Northwestern Avenue. Nordquist Sign Company for
Norwest Bank, applicant.
The applicant was unable to attend the meeting, but did submit a
letter to the Commission. The request is to add an "INSTANT
CASH" sign to the existing pylon sign.
Steve Russell stated that the ordinance allows a 100 square foot
sign. The existing sign at Norwest is 168 square feet, which met
the existing sign ordinance requlations at the time.
Duane Elliott stated that the existing sign is well over the size
allowed by the ordinance and he could see no reason to approve
additional signage. He then made a motion to deny the request.
Warren Pakulski seconded.
Discussion followed: It was suggested that the existing sign be
reformatted to incorporate an INSTANT CASH sign, or to put the
sign in the window, which is allowed under the ordinance. It was
also suggested that the message center carry the INSTANT CASH
message. Glenna Bealka felt that the situation is unique because
of the community service of the message center on the sign and
additional signage should be allowed. Rob Hamlin stated that too
many signs can create an informational overload and it would be
difficult for passing motorists to read all the signs.
The vote was taken and was 6-2 in favor of denial. (G. Bealka
and G. Funke opposed)
1
Stillwater Planning Commission Minutes
June 10, 1991
Case No. VZ91-32 - A Variance to the rear and sideyard setback
requirements (one foot rearyard and one foot sideyard requested)
for the construction of a 704 square foot garage at 222 West
Willard Street.
Eugene and Kathleen Leatherman, owners, presented the request.
They are aware of the three recommended conditions of approval
and stated that eaves will be placed on the north side of the
garage to comply with Condition No. 1.
Motion by Gary Funke to approve the request with three
conditions. Seconded by Rob Hamlin. All in favor.
Case No. _SUP191-33 - A Special Use Permit for an addition to an
existing church along with a new parking lot at the First
Methodist Church, 813 West Myrtle Street.
A representative of Robert David Burow, Architects, presented the
request. He is aware of the three recommended conditions of
approval.
Motion by Duane Elliott to approve the Special Use Permit with
three conditions. Seconded by Gary Funke. All in favor.
OTHER
Review and approve revised Flood PlainOrdinance Steve Russell
explained that the amendment eliminates mobile homes and mobile
home communities from the flood plain, and that a few definitions
have been added. The amendment is necessary in order to acquire
National Flood Insurance. The item is continued to the meeting
of July 8, 1991.
Recommend new Planning Commission member to replace Judy Curtis -
Gary Funke stated that several other people have applied for the
vacancy and their applications should be reviewed by the
Commission. Rob Hamlin made a motion to table this item until
the other applications are reviewed by the Commission. Seconded
by Don Valsvik. All in favor.
ADJOURNMENT
The meeting adjourned at 7:50 p.m.
Submitted by:
Shelly Schaubach
Recording Secretary
2
PLANNING APPLICATION REVIEW
CASE NO. V/91-39
Planning Commission Meeting: August 12, 1991
Project Location: Van Tassel Drive and Neal Avenue
Comprehensive Plan District: Residential
Zoning District: R-A
Applicant's Name: David Johnson
Type of Application: Variance
PROJECT DESCRIPTION:
Request twenty oot frontyard setback, thirty feet required.
DISCUSSION:
The request is to allow twenty foot frontyard setbacks for Lots 1-8, Block 1,
Oak Glen 13th Addition. As described in t'rie letter from the applicant, the
lots have a high water table that necessitates the request.
For aesthetic and safety reasons, it is recommended that lots 1 and 3 be
setback thirty feet from the front and corner side property line. For the
other lots, if the owners can document by soil testing that the twenty toot
setback is necessary, the reduced setback could be granted because of this
unique condition.
RECOMMENDATION: Approval.
CONDITIONS OF APPROVAL:
1. Lots 1 and 3 shall have front and corner sideyard setbacks of thirty
feet.
2. For lots 2, 4, 5, 6, 7, and 8, Oak Glen 13th Addition, docurnentation
shall be provided by a qualified soils engineer that the reduced twenty
foot frontyard setback is necessary because of site, soil and water
conditions.
ATTACHMENT:
- Request;.
Oak,Gleq
DEVELOPMENT COMPANY
Stillwater, Minnesota
1599 McKusick Road, Stillwater, Minnesota 55082 • (612) 439-6981
July 12, 1991
Stillwater City Council
Dear Council Members:
This letter is a request by Oak Glen to allow a variance of front yard
setbacks for Lots 1-8, Block 1, Oak Glen 13th Addition. We request a
variance to 20-foot front yard setbacks if, and where, necessary; with
a stepped movement back to 30 feet.
I realize this is a maverick request without following the normal pro-
cedures, but we have people ready to dig. Our apologies for this.
The reason we request the variance is because of the high perched water
table due to the heavy rains of this summer, and we have to dry out the
hill and provide some fill for the back yards. This movement should
accomplish these objectives.
These kinds of things happen when you open up the land, as a party did
with two test bore holes, and discovered the saturated ground is 3+ feet
higher than when we bored in 1984.
Enclosed is a copy of the plat with the requested lots.
We would appreciate as prompt a reply as possible.
Since ,
Davic S, ohnson
Mania Ing General Partner
DSJ/br
Enclosure
OAK GLEN 13TH ADDITION
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VICINITY MAP
SEC. 20, T30N, R20W
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DISTANCES SHOWN TO FEET (10,30. ETC.)
ARE EXACT EXTRINSIC VALUES
THE ORIENTATION OF THIS BEARING SYSTEM
IS THE RECORDED PLAT OF OAK GLEN
BRUCE A. FOLZ & ASSOCIATES
LAND SURVEYING LAND PLANNING
STILLWATER, MINNESOTA
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DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:
BEING 12 FEET IN WIDTH AND ADJOINING STREET LINES,
AND BEING 6 FEET IN WIDTH AND ADJOINING S10E AND
REAR LOT LINES, UNLESS OTHERWISE SHOWN.
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OWNERS CERTIFICATE ,
KNOW ALL MEN BY THESE PRESENTS: That David S. John son and Sharon L. Johnson, husband and wife, and American National Bank and
Trust Company, a National Banking Association, mortgagee, of the following described property situated In Washington County, Minnesota:
Outlot V of OAK GLEN according to the plat on file In the office of the County Recorder, Washington County, Minnesota.
(All of Certificate of Title No. 29422)
Have caused the same to be surveyed, platted and known as OAK GLEN 13TH ADDITION and do hereby dedicate and donate to the public
for public use forever the easements as shown on this plat for drainage and/or utility purposes only.
In witness whereof said David S. Johnson and Sharon L. Johnson, husband and wife, have hereunto set their hands this _ day of
199_.
By
David S. Johnson Sliaron L. Johnson
STATE OF MINNESOTA )
COUNTY OF ) The foregoing Instrument was acknowledged before me this day of , 199
' by David S. Johnson and Sharon L. Johnson, husband and wife.
My Commission expires
Notary Public, County, Minnesota
In witness whereof said American National Bank and Trust Company, a National Banking Association has caused these presents to be
signed by Its proper officers this _ day of 199^
AMERICAN NATIONAL BANK AND TRUST COMPANY
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SCALE
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( IN FEET )
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By By
Thomas H. garomqn, Its vice-Frealcient Sandra k. Johnson. Its vice -President
STATE OF MINNESOTA )
COUNTY OF ) The foregoing Instrument was acknowledged before me this day of 199
by Thomas M. Korsman, Vice -President, and Sandra K. Johnson, Vice -President, of American National Bank and Trust Company, a National
Banking Association, on behalf of the Association.
otary Public, County, Minnesota
SURVEYORS CERTIFICATE
I Bruce A Folz herebycertify that I have surveyed and platted the property described In the dedication of this plat as OAK GLEN
Y Y P P P Y
ADDITION; that this plat Is a correct representation of said survey; that all distances are correctly shown in feat and hundredth,
a foot on the plat; that ell monuments have been Correctly placed In the ground as shown; that the outside boundary lines are correctly
designated on the plat; and that there are no wetlands, easements or public highways to be designated on said plat other than as shown
thereon.
Bruce A Folz - Minnesota Registered Land Surveyor - Reg strati on No. 9232
STATE OF MINNESOTA
COUNTY OF I The foregoing certificate, by Bruce A. Folz, Registered Land Surveyor, was acknowledged before
me, a Notary Public, this _ day of , 199.
My Commission Expires October 14, 1993
Notary Public, Hennepin County, Minnesota
COUNTY SURVEYOR
Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this day of , 199_.
By
Washington County Surveyor
CITY OF STI L. IL, W AT EJ-R
Approved by the City Council of the City of Stillwater, Minnesota, this _ day of 199_. The provisions of
Minnesota Statutes, Section 505.03, Subd. 2 have been satisfied.
Signed Attest
Mayor Clark
Reviewed by the City of Stillwater Planning Commission, this _ day of 199_
Signed Signed
chairman Secretary
COUNTY AU 03[TOR
No delinquent taxes and transfer entered this day of , 199.
By By
Washington County Auditor Deputy
COUNTY TREASURER
Current taxes due and payable for the year have been paid this day of , 199-
By By
--
Washington County Treasurer Deputy
REGISTRAR OF TITLES
Document Number
I hereby certify ibis Instrumant was filed In the office of the Registrar of Titles for record on this _ day of
199� at _ o'clock _.M., and was recorded In Washington County Records.
By By
Washington County Registrar of Titles Deputy
PLANNING APPLICATION REVIEW
CASE NO. V/91-40
Planning Commission Meeting: August 12, 1991
Project Location: 1905-1983 South Greeley Street
Comprehensive Plan District: Business Park -Commercial
Zoning District: BP-C
Applicant's Name: James M. Waters
Type of Application: Variance
PROJECT DESCRIPTION:
A Variance to the Sign Ordinance for the placement of a 100 square foot sign
in the County road right-of-way.
DISCUSSION:
The request
is to place a 12'x6"
x 8' internally illuminated
sign for Greeley
Square in the
right-of-way. This
'application was presented to the Planning
Commission
on November 13, 1989.
At that time, the size of
the sign was two
feet wider
at the same height.
Staff recommended the sign
be reduced to
4'x1O'. It
was felt businesses
on the second floor of Greeley
Square could be
identified
by wall signs next to
the entrance on the building.
The new applicant is requesting that the second floor businesses be identified
for an increased exposure from Greeley Street on the bottom 4'x12'6" portion
of the sign. None of the retail establishments on the first level will be
identified.
Another issue of this proposal is the placement of the sign. The sign is
partially located on County road right-of-way. The County does not allow
business signage on public right-of-way. A 15 ft. setback from the property
line is required by the City. Because of the wide right-of-way along this
portion of Greeley Street, the setback from the street as proposed is
adequate. A condition of approval of the shopping center project was for the
north driveway off of South Greeley to be closed and driveway off Hwy. 61 be
constructed wren Hwy. 61 is completed. 61st is completed but the north
driveway has not been closed.
RECOMMENDATION:
Approval.
CONDITIONS OF APPROVAL:
1. The sign shafl be located on private property or a written agreement
approved by the County Public Works Department authorizing 'the
placement of the sign on County road right-of-way provided to the City
before a sign permit is issued.
2. The north driveway from Greeley Street to the site shall be closed off
with new conforming curbing and landscaping in that area and a new
driveway off of 61 constructed before the sign permit is issued.
3. Landscaping consisting of bushes and flowers shall be planted around
the base of the sign to conceal the concrete base.
ATTACHMENT:
- 11WFT ati on and Plans.
7 T
Fee Paid 06
CASE NUMBER
Date Filed
PLANNING ADMINISTRATIVE FORM
Street Location of Property: ___ 1905_-_1983_South_Gree!e-Y Street------
Logal Descriptioq of Property: _ see_at tached___--_-__..___..______--__--
Owner: Name _ Gr e e l e y-S q u a r e— Partners
--------------------------_—
Address 6524 Walker Street __ Phone. 920-9121
---------------------------- -----------------
St. Louis Park, MN 55426
Applicant (if other than owner): Name ____.____ J ame s_ M. Waters, Property Man a g e r
Address _6524_WaIke r_ Street ----------- Phone: _ 92029121
Type of Requests' ___ Rezoning ___ Approval of Preliminary Plc;-,' Special Use Permit ___ Approval of Final Plat
X_ Variance ` ___ Other ---------------------
Description of Request: Iayz i s t a n t
with the cjjrrent Sign Ordinance,'with no front setback.
------------------------------------------------------------------
Signature of Applicant:
Date of Public Hearing: _ _ �.,C3_______
NOTE: Sketch of proposed property and stru a drawn.on back o#� I`nl or at-
tached, showing the following: �12 `� 5 S f
1. North direction. /n, r 9
2. Location of proposed structure on lot.
3. Dimensions of front and side set -backs.$
4. Dimensions of proposed structure.-'�
5. Street names. r.' t.1N�'
6. Location of adjacent existing buildings. OP.
7. Other information as may be requested.ti
1�li r
�=a
Approved ___ Denied ___ by the Planning Commission on (date)
subject to the following conditions:_-w_________________________________
------------------------------------------------------------------
Approved ___ Denied ___ by the Council on ---------------- subject to the
following conditions: _________-__-..___-___---____-_-_-- _____--_____
Comments. (Use other side),
!Reduce sign size to 8/ x , |
/ 12 �/ (l�0 o.�.)
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PLANNING APPLICATION REVIEW
CASE NO. V%91-41
Planning Commission Meeting: August 12, 1991
Project Location: Vacant lot north of 1419 Riverview Drive
Comprehensive Plan District: Residential
Zoning District: R-A
Applicant's Name: Clifford and Donna Fearing
Type of Application: Variance
PROJECT DESCRIPTION:
A variance request for a 16.3 foot frontyard setback for construction of a
single family residence.
DISCUSSION:
The request is for a 16.3 foot frontyard setback for construction of a single
family residence. The required setback is thirty feet. The vacant lot is very
steep, dropping off over twenty feet from in front of the house to the rear.
Also, large mature trees including a 26 inch oak is located on the sloped area
and would have to be removed if the 30 foot setback is met. These trees hold
the slope and stabilize the site.
Water service is available in Riverview Drive and sanitary service in
Sycamore Street. The applicant would be responsible for constructing a system
that would hold and pump tie sewage up to the City sewer system and connect to
water.
It will be important during construction that the site be protected from
erosion and that there be minimum disturbance to the steep area behind (down
slope) the structure.
RECOMMENDATION: Approval with conditions.
CONDITIONS OF APPROVAL:
1. The 6 i ncfi oak tree and other mature down slope vegetation shall be
protected and preserved and the sloped area left undisturbed.
2. A drainage plan shall be submitted and reviewed and approved by the
Community Development Director showing how roof drainage from the
structure and runoff from the paved areas will be handled without
causing erosion.
3. All disturbed yard areas shall be replanted and erosion control
measures provided to minimize erosion as soon as possible.
4. A soils and engineering report by a qualified professional shall be
submitted -For review and approval showing the residence foundation
design can accommodate the site.
5. Water and sewer connection to City services shall be constructed by
the developer according to plans approved by the City Water Department
and Public Works Department.
ATTACHMENT: Plans.
ROBERT H.
MOON c9n---3
HOMES
Building new ideas is our old tradition.
August 2, 1991
Mr. Steven Russell
Mr. Alan Seper
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Mr. Seper:
I am writing this letter on behalf of Clifford & Donna Fearing, who
are the fee owners of the property located on Riverview Drive,
Stillwater, legally described as:
Lot 1, St. Croix Heights, according to the plat thereof
on file and of record in the Office of the Registrar of
Deeds, Washington, County, Minnesota.
The South Thirty Three and one half feet of Tract
2, Registered Land Survey No. 7, according to the plat
on file and of record in the office of the Registrar
of Titles in and for Washington County, Minnesota.
All that part of vacated North Broadway which
accrues thereto.
The purpose of this letter is to formally request definitive City
determination relative to the actual siting of the proposed home for
Mr. & Mrs. Fearing. As I understand the City Ordinance relative to
front setbacks, it is a requirement that a home to be built between
two existing homes must be behind a line drawn from the adjacent
structures across the vacant site (effectively averaging the front
setbacks of the adjacent homes). If my understanding of this City
requirement is in error, and if a formal variance procedure is
required, please allow this letter to serve as our official variance
application.
As you can see, by reference to the attached land survey prepared by
Schoell and Madson, Inc. Land Surveyors, there is a very significant
vertical deviation on this site. This severe topography has been a
foremost factor in the development of architectural plans. Although
great care was taken to develop architectural plans that provide a
narrow foot print from front to back in the house, you can see that
there is a tremendous vertical deviation caused by the severe
topography. To quantify this statement, one will note that the
14201 EXCELSIOR BLVD. • MINNETONKA, MN 55345-4997 • 612-935-3486
REALTOR
existing grade deviates from 829.4' at the southwest garage corner to
811.2' at the northeast house corner. This is a difference of 18.2
feet of vertical deviation, and the topography continues to slope
very dramatically as one goes in an easterly direction. By moving
the house even a few feet to the east, significant additional
vertical deviation will be occasioned, and extraordinary earth
retention and corrective measures will need to be undertaken.
In addition to the drastic topographical features on this site are
several mature trees. By siting the house several feet to the east,
one would need to fill an additional vertical area, which
necessitates a horizontal clearing of trees for the slope of the
fill. In short, for every additional foot this house moves to the
east, additional vertical deviation occurs, which requires additional
extraordinary filling, which requires additional tree removal. It is
the Fearings' express desire to intelligently preserve all possible
native vegetation, and we respectfully request a final City
determination that the house front setback as shown on this attached
survey be approved.
Secondly, the Fearings request a final determination relative to the
language contained in a previously adopted document (Variance Permit
Document N.30253) as it relates to Restriction 7 thereof. We
understand that this means that Fearings will be responsible for
utility improvements as it relates to this site, and to this site
only. Is this an accurate reading?
Please accept this letter as an official request for approval of the
survey for the proposed new home for Clifford and Donna Fearing.
Yours truly,
ROBERT H. MASON, INC.
Randy W. Travalia
President
RWT:kg
CC: Clifford & Donna Fearing
f]UV L UL I 111 LJ�JV
CASE NUMBER
V L l l VI V 1 1 LL"II l LI, 1 IIII I1V. U 1L`t000`tVV
Caso Nurnbor 42/_
Fee Paid ... ----------__--
Dale Filod _ -----------
PLANNING ADMINISTRATIVE FORNI
Street Location of Property:
Riverview Drive
_-ww _r.r--- www_w--___-.. r.+__...___w _+._ram_.._
I • UL
locool Description of Property: ._Attached in letter
--------------
Owner: Name— Clifford and Donna Fearing
.,..w-------____.,..-------_--_-�_.---
Address _,. 5141 Irondale Road
,------ -
----_ - Phone:
Mounds View, MN 55112
Applicant(iA"xSi#c�fcxt'�acxixt�x_(�n.r�w�?ers�—behal f L Rgbert 'il-M�,�q_Homes
Address _r_ 14201 Excelsior Boulevard Phones ` 935-3486
-w----------------------
Minnetonka,-MN 55345 --------
Minnetonka, of Requests• ___ Rezoning _-- Approval -of Preliminary Plat
___ Spaciol Use Permit Approval of Final Plat
- X_ Variance �Other ----- -_
Description of Request: ---Front Set Back variance to_preserve—stgeP_slopes _„
and vegetation on homesite.
----------------------------- --r--_ __-- ►
Signature of Apolicont: (_
aisd
Date o, Public Hearings ---------
NOTE: Sketch of proposed property and structure to be drawn -on back of this form or at.
tached, showing the following:
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set -backs.
4. Bimensions of proposed structure.
5. Street names.
6. Location of adjacent existing buildings.
7. Other information as may be requested.
Approved ..-_ Denied by tho'Planning Commission on ____------_
subject to the following conditions: --------- --------
---------- ---,....,-_-
__--____.r--------------------------_------___--_____-r___--• ------
Approved --- Denied --_ by the Council on-__.-_r__- -- subject to fhe
11
following cond:itions------------------------------------
--_--r ---------w-----------------w----r-,- ---------------------
Comments; (Use other side),
SURVEY FORS__ QO$FQT H. MASON 140MES
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This drawing has been checked and
reviewed this 2s+h day of
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••-182.45—•••
00064.08-1 255.34 (4a • 100)
Prepared By:
oe— ' SCHOELL & MADSON, INC.
ENGINEERS • SURVEYORS • PLANNERS
SOIL TESTING • ENVIRONMENTAL SERVICES
10580 WAYZATA BLVD.
MINNETONKA, MN. 55040
(512) 546-7501 FAX: 546-9055
DESCRIPTION:
Lot One, ST. CROIX HEIGHTS, according to the plat thereof on file and of record in
the office of Register of Deeds, Washington County, Minnesota.
The South Thirty threq and one-half feet of Tract Z., REGISTERED LAND SURVEY No. 7,
according to the plat on file and of record in the office of the Registrar of Titles
in and for Washington County, MN.
All that part of vacated North Broadway which accrues thereto.
BENCHMARK:
Spike in lath in 6-inch elm tree as shown. Elevation = 834.83 (City of Stillwater
Datum).
GENERAL NOTES:
1. • - Denotes iron monument found.
2. o - Denotes iron monument set.
3. o - Denotes wood stake.
4. x822.3 - Denotes existing spot elevation.
5. x(831.5) - Denotes proposed spot elevation.
6. - Denotes direction of surface drainage.
7. Proposed garage floor elevation='834.8.
I hereby certify that this survey was r
prepared under my supervision and that
I am a Licensed Land Surveyor under the
laws of the State of Minnesota.
Theodore D. Kemna
Date: 6.24-91 License No. 17006
Z .7
PLANNING APPLICATION REVIEW
CASE NO. P
PLANNING COMMISSION MEETING: August 12, 1991
PROJECT LOCATION: 116 East Chestnut Street
COMPREHENSIVE PLAN DISTRICT: Central Business District
Zoning District: CBD
APPLICANT'S NAME: David G. Peterson
TYPE OF APPLICATION: Special USe Permit
PROJECT DESCRIPTIONS:
The proposal is for a Special Use Permit to conduct a commercial entertainment
concert studio.
DISCUSSION:
The request is to conduct a commercial concert studio in the basement of Water
Music at 116 East Chestnut Street. This use is defined as a commercial
recreational entertainment requiring a Special Use Permit under Subdivision 17
in the Stillwater Zoning Ordinance CBD, Central Business District. The use is
now being conducted. The applicant also is considering a restaurant use.
The Special Use Permit expands the use of the basement as not only a recital
space and waiting area for Water Music and a video and audio recording studio;
but using this space as a commercial concert studio.
The concerts at the Blue Guitar range from 20-44 patrons. The occupancy load
for this use is allowed by Fire and Building Codes up to 49 people. The Fire
and Building Departments have inspected the site. The parking demand is 16
parking spaces. The applicants have staled there are plenty of parking spaces
on Chestnut Street, the City lot and on Third Street during hours of business
which includes weekends 8:00 P.M. to 10:00 P.M.
The restaurant use will require additional licensing from tiie Health
Department and City Building Department. Proof of these inspections should be
submitted when necessary. The occcupancy load of 49 will not change with the
additional use.
CONDITIONS OF APPROVAL:
1. If a restaurant use is pursued, all health inspection records shall be
submitted to the City for their records.
2. No outdoor music is allowed.
3. This permit shall be reviewed if there are any complaints on noise.
4. The maximum occupancy for the Blue Guitar is 49 people. If this limit
is exceeded, the permit shall be revoked.
RECOMMENDATION: Approval.
FINDINGS:
The proposed use will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. The use will be in the general purpose of
the CBD zoning regulations.
ATTACHMENTS:
- ppication Form
- Letter
- Site Plan.
1'AG 100
Case Numbor_-SLIY I_ �_�!
Fee Paid
CASE NUMBER Date Filed ______________
PLANNING ADMINISTRATIVE FOIRAA
,
Street Location of Property: _ �� � _ �_..___ l _________.,_____�______
Legal Description of Property: c3 _ Gt - --- ---- _Z �
Owner: Name __ 1 � c;' �:� __ � � ws ��� -- �.
Address _1�5 __1�_'___5.�� __��� _-_- Phone:
Applicant (if other than owner): Name f} Lt cam ` r :� C t
Address-+w��=} �_ �" S� _'�_-_-__ Phone:
Type of Requests- ___ Rezoning ___ Approval of Preliminary Plat
r< Special Use Permit ___ Approval of Final Plat
-__ Variance :__ Other -------------------
Description of Request. _L�211 -- ��t r --
s
Al
G� ..._- 11� �,.
Signature of Applicants __� �.__- __.�__-
- 27
Date of Public Hearing: ---------------------------------------------
NOTE: Sketch of proposed property and structure to be drawn -on back of this form or at-
tached, showing the following:
1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set -backs.
4. Dimensions of proposed structure.
5. Street names.
6. Location of adjacent existing buildings.
7. Other information as may be requested.
Approved ___ Denied ___ by the Planning Commission on ----------- (dute)
subject to the following conditions: __-______--------------------
--------------------_------_---___-_________---___--------------_--
Approved ___ Denied ___ by the Council on ________________ subject to the
following conditions-
-------------------------------------------------
- - - - - - - - - - - - - - - - - - - - - -- - ---------- ---------- ---- - ----- -- - - - -- - -- - -
Comments. (Use other side),
Musical Performance Specialists
Planning Commission/City Council
Stillwater, MN
August 1, 1991
Dear Commission and Council Members:
We are requesting a special use permit for the downstairs of
our existing retail space at Water Music. The space is
called The Blue Guitar, and will provide a variety of
services to our customers, including recital space, waiting
area for parents of music students, try -out facility for
instrument customers, and video and audio recording studio.
The Blue Guitar will also function as a concert studio for
groups of musicians performing all -original material, in
keeping with our Water Music goal of promoting musical
performance. We want to provide a cultural experience for
music lovers that is beyond hearing familiar tunes in a
distracting, noisy setting.
Our concerts are attended by 20 to 44 people. We have a very
quiet, listening audience, whose politeness and appreciation
of the music makes our concerts a unique experience.
In the evening hours (on the weekends) there seems to be
ample parking. Since we have been in operation we have found
plenty of space, both in the city lot, on Chestnut, and on
Third Streets. While the construction is in progress, and
Third Street parking is restricted, parking is not as good,
but this will be a short-term problem, and impacts Water
Music far more than it does The Blue Guitar, due to the hours
of operation (from 8:00 p.m to 10:00 p.m.).
The Blue Guitar, located under the substantial concrete floor
that forms Water Music, is well insulated. The only time '
its music is heard on the street is if the door is left open.
The Fire Marshall and the Bulilding Inspector hae reviewed
our project with us and determined that our square footage
and Exits allowed 49 people to be in the.space. We have
always limited attendance based on those guidelines.
We currently serve natural snacks and beverages (in their
containers). We do not have a food license, but are
considering applying for a limited one. We would like to
have this special use permit include permission to do that.
� zely, 10
David G. Peterson, president Isosceles Corp
A division of Isosceles Corp., 116 East Chestnut Street, Stillwater, MN 55082-5116
Phone: 612-439-0036 • Fax: 612-439-9667
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PLANNING APPLICATION REVIEW
CASE NO. V/91-43
Planning Commission Meeting: August 12, 1991
Project Location: River Heights Plaza
Comprehensive Plan District: Commercial
Zoning District: BP-C
Applicant's Name: Shannon Grady
Type of Application: Variance
Project Description:
A variance request to construct a sign 28 inches in height.
DISCUSSION:
T}le request is to construct a sign 28 inches in height. The Sign Program for
the River Heights Center allows a 24 inch sign band. The actual letters in the
sign area will be 14 inches and 10 inches with four in spacing. All other
signs in the center, with the exception of Penny's, are consistent with the
Sign Program.
RECOMMENDATION: Denial.
ATTACHMENT:
- Application.
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CONDITIONS OF APPROVAL
CASE NO. V/87-17
1. River Heights Plaza -exterior signage shall consist of store
identification only. Copy shall be restricted to the Tenant's proper
names and major product or service offered. Corporate logos, emblems,
Welds and similar identifying devices shall be permitted provided they
are confined within the signage panel.
2.
All signs shall be located
in the designated sign
band area assigned by
the Landlord.
3.
All signage is to consist
of individual illuminated
letters with a
maximum height of 24" and
a minimum height of 10".
Descenders shall not
exceed 5".
4.
Neon must be double -row for
even illumination.
5.
All neon must have 30 M.A.
transformers. Argon gas
(white, blues and
greens) must have 60 M.A.
transformers.
6.
All signs must have an 18"
margin on each side of
their allotted sign
band in Phase I with Phase
II having 12" margins on
both sides.
7. All letters must be constructed of aluminum. Sides may be painted to
match the letter face.
8. Letter faces shall consist of 3/16" plexiglas. Color choices by Tenant.
9. All letters must be constructed to U.L. standards and must be U.L.
approved.
10. All signs for each Tenant, will be furnished, paid for and properly
maintained by said Tenant.
11. Tenants or their representative must submit three drawings for all
proposed sign work to the Landlord for approval clearly detailing the
proposed sign and specifying the color selected. The Landlord will return
one signed set upon approval. If a sign should be disapproved, the
Landlord shall provide a written explanation.
12. The following is not permitted and is expressly prohibited:
a. Signs with exposed neon, fluorescent tubing or exposed lamps.
b. Signs with flashing, blinking, moving, flickering, animated, audible
effects or types.
c. Printed signs on storefronts or windows.
d. Paper signs, stickers, banners or flags.
PLANNING APPLICATION REVIEW
CASE NO. V/91-44
Planning Commission Meeting: August 12, 1991
Project Location: 1826 Tower Drive
Comprehensive Plan District: Central Business District
Zoning District: CBD
Applicant's Name: Janet Jezior
Type of Application: Variance
PROJECT DESCRIPTION
A Variance to tiie Sign Ordinance for the placement of a forty five square foot
free-standing monument sign.
DISCUSSION
Tree request is to place a free-standing monument sign approximately twelve
feet from the street and one to two feet from the property line. The
applicants do not have exposure from Tower Drive. The travel agency in the
front of the building has the visibility from the street and also have a large
monument sign which was placed when the building was constructed. Each
business, the insurance agency and the lawyers office, will have less than
twenty two square feet. The sign has the address of the building for
additional exposure. This sign face is approximately forty five square feet.
As shown on the sign plan, the sign will be approximately six and one half
feet in height. No landscaping is shown.
CONDITIONS OF APPROVAL:
1. The area around the sign shall be landscaped.
2. No additional signage is allowed.
RECOMMENDATION: Approval.
FINDINGS:
Tile granting of this variance will be in general 'harmony with the general
purpose and intent of the Sign Ordinance.
ATTACHMENTS:
- Letter
- Site Plan
- Sign Plan.
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THE BIRTHPLACE OF MINNESOTA
PLANNING COMMISSION VACANCIES
The following is a list of individuals interested in
serving on the Planning Commission.
Greg Palmer
Jay Michels
Charles Dougherty
Shawn Draper
Howard Lieberman
Chuck Kabis
Gene Bealka
Darwin Wald
Letters of interest are attached. Some are dated from last
December's openings. All individuals have been contacted
about present openings.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
June 6, 1991
Ann Terwedo
City of Stillwater
Stillwater, MN
Re: Consideration for Appointment to the Planning Commission
Dear Ann,
i am writing this letter to formally request consideration for appointment to the
Stillwater Planning Commission. As we discussed at our Heritage Preservation
Commission meeting on Monday, it would be valuable for a member of the HPC to sit
on the Planning Commission to communicate the opinions of the HPC. This is an
opinion shared and supported by the members of the HPC, as noted at our 6/3
meeting.
i trust this letter of expressed interest will satisfy the requirements of the process of the
appointment for the vacancy on the Stillwater Planning Commission. It is my
understanding you have recent resumes outlining my experience relative to the HPC,
my community service, and my professional background as a business owner.
If you have any questions or feel I would benefit from providing you with additional
information, please do not hesitate to contact me at work 731-6323 or at home 439-
425.
- Sincerely,
Shawn M. Draper
1221 Amundson Circle
Stillwater, MN
r
water.
THE BIRTHPLACE OF MINNESOTA
MEMORANDUM
TO: PLANNING COMMISSION
FROM: HERITAGE PRESERVATION COMMISSION
DATE: JUNE 6,1991
SUBJECT: RECOMMENDATION OF SHAWN DRAPER TO PLANNING
COMMISSION
The Heritage Preservation Commission recommends Shawn
Draper to the Planning Commission. The Commission supports
his appointment as a Heritage Preservation Commission
member on the Planning Commission.
is zC;,�'
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
May 17, 1991
Ann Terwido
City of Stillwater
Stillwater, MN 65082
Re: HPG Resume
Dear Ann:
am writing this letter to outline my background relative to my appointment to the HPG.
My background is as follows:
Community - Commission Member, Heritage Preservation Commission,
Stillwater, MN; previous member Downtown Design Review
Committee
Finance Chair, Habitat for Humanity, Lyton Park place Project, St.
Paul, MN; Trinity Lutheran Church, sponsor
Member, Stillwater Area Chamber of Commerce
Member, Minnesota Chamber of Commerce
Council Member, Trinity Lutheran Church, Stillwater, MN
Business - Owner, Draper Placement Services, Inc., St. Paul, MN
Owner, Lost and Found Antiques, Stillwater, MN
Education - Research Assistant with Dr. Ernest Sandeen, PhD, Macalester
College, St. Paul, MN
Research for Summit Avenue architectural history publication.
Ann, this resume outlines only those items that may have specific application to the
State Historical Society. A complete resume is available outlining political and
professional appointments, endorsements, and memberships.
I trust this letter will provide you with this information you need to accommodate the
State Historical Society. If you have any questions or comments, please do not
hesitate to contact me.
Sincerely,
Shawn M. Draper
1221 Amundson Circle
Stillwater, MN 55082
(612) 439-4235
(612) 731-6323
HLHOWARD LIEBERMAN
& ASSOCIATES, INC.
kk311 ISL Aye. No. tiui
:�linneapc�lis, iV1iV jj- i01
(612) 335-2 i32 / F.ix (612) 342-92 ih
December 11, 1990
Mayor Wally Abrahamson
c/o Mary Lou Johnson, City Clerk
260 North Fourth Street
Stillwater, Minnesota 55082
J�K: ...1'�! •, .fir..... r. i
I
Dear Mayor Abrahamson and Members of the City Council:
This letter is to formally state my interest in serving on one of Stillwater's
boards or commissions. My first choice would be to serve on the Planning
Commission; however, to the extent that is not possible, I would be pleased to serve
elsewhere.
Please feel free to contact me if you have any questions: Daytime - 338-2432;
Evening - 430-9136.
Thank you,
bward Lieberman
December 14, 1990
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Council Representative:
Pursuant to the December 13th notice in the Courier News, I ask to be
considered for serving on the City Planning Commission or the Port Authority
Commission. My current position at Northern States Power Company is as
Manager of Gas Supply and Rates. This position provides interaction with a
variety of Federal, State and local governments which may prove useful to the
City as it examines future development options. As a citizen of Stillwater
I share the Council's objectives of maintaining quality of life for the area
while continuing to develop the infrastructure necessary for economic
competition with other communities and areas in the future.
You may reach me at the following address or phone numbers.
Gregory H. Palmer
725 Nightingale Boulevard
Stillwater, Minnesota 55082
Home Phone . 430-2959
Business Phone: 229-2332
Thank you for your interest. Any consideration is greatly appreciated.
Sincerely,
Gregory H. Palmer, Manager
Gas Supply & Rate Design
An Exceptional Bed & Breakfast
Chuck & Judy Dougherty
December 16, 1990
Mayor Wally Abrahamson
City Council
City Hall
216 North 4th Street
Stillwater, MN 55082
Dear Mayor Abrahamson & City Council,
Jfie
SRivertovrilnmo
306 West Olive, Stillwater, MN 55082
(612) 430.2955
I'm writing to express my interest in serving on the Planning
Commission. Though my past experiences of bringing Variances and
Special Use Permits before the Planning Commission have not all been
positive, it has given me some additional insight into how city
government works_
I feel strongly that a person should contribute to a community they
plan to live their lives in. Our past four years here in Stillwater
have been very rewarding for us. We now feel that we have put down some
roots in this community and now it is time we should start to give
�mething back to Stillwater. I feel by serving on the Planning
_3mmission that I can give something to Stillwater as it reaches into
the future.
Sincerely,_�-7
Charles R_ Doughe
ASPHALT SPECIALTIES COMPANY
2828 Anthony Ln. So.
Minneapolis, Minnesota 55418
781-8871
June 6, 1991
Stillwater City Council
City of Stillwater
216 No. 4th St.
Stillwater, Mn. 55082
Dear Council Members:
P.O. Box 838
Lakeland, Minnesota 55043
436-8589
I am sending this letter as an application for the open position
on the Stillwater Planning Commission. While living in
Stillwater Township I was a member of the planning commission
for a year, and I have a deep concern for the growth and
development of our wonderful city. I am a partner in Asphalt
Specialties Co., a Lakeland based asphalt paving contractor,
and live at 118-1/2 N. Main St.. I have lived in the Stillwater
Area for over 13 years.
I appreciate your consideration. If I can furnish you with
any more information about myself, please don't hesitate to
ask.
Sincerely,
Jay Michels
COMMITTED TO EXCELLENCE
August 7, 1991
711 Lake Drive
Stillwater, Mn. 55Od2
4.39-43d7
To: Mayor and City Council Members
I wish to express my appreciation for the coin sy extended to me
on Monday, August 5, 1991 requesting me to submit a letter of
interest to serve on the planning commission.
Excluding the formality of an updated resume, I have provided a
brief profile of skills and leadership accomplishments to assist you
in determing how I may contribute as a committee member.
Fifteen years of key administrative assignments, initiating and
directing, statewide programs, I have developed skills in:
Communications
Human Resources
Program management and project coordination in government, education,
and private sector have prepared me to make immediate and significant
contributions in the areas of:
Personal Relations
Safety/Health
Business Management
During the fifteen years with the Minrle3ota Department of Education,
I was responsible for annual administration of $dOO, 0Q0 in federal
funds.
Personal:
Bachlor of Arts in Education, Hamline University
Master• of Science in Vocational Administration, University of
Wisconsin
If further information is needed on any of the areas I mentioned above,
please advise.
Sincere ,
Gene Bealka
M E M O-R A N D U M
TO: Planning Commission
FR: Planning Staff
DA: August 8, 1991
RE: AMENDMENT TO FLOOD PLAIN ORDINANCE
The attached second draft of the Flood Plain Ordinance is presented for your
review. The first draft was reviewed by the Commission at your meeting in
January. The ordinance is being amended to meet Federal and State DNR
requirements.
STATE OF
r. t
7 H C 2 O vQ
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD ■
ST. PAUL, MINNESOTA 55155-40
RNR INFORMATION
(612) 296.6157
_= April 9, 1991
opt• � s ,�,�
Steve Russell
Community Development Director
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Mr. Russell:
Enclosed is a new model floodplain ordinance which most closely meets
your community's needs. As you are probably already aware, the
Federal Emergency Management Agency (FEMA) and the Minnesota DNR have
negotiated this model ordinance to reflect the changes in federal
regulations which were actually affective in 1986. Because of these
changes every community in the National Flood Insurance Program is
being required to amend their flood.plain zoning ordinances.
Please note that the new model is also available (at no charge) on
floppy disk for a personal computer. Available formats are Microsoft
Word and ASCII.
If you prefer to amend the existing ordinance -we would have to review
it more closely to be sure there are no omissions. Although state
regulations allow 6 months to amend your ordinance, federal
regulations only allow 9❑ days from the receipt of this letter for
amendments to non -compliant ordinances. It is suggested that you
attempt to meet the federal deadline in order to avoid any possible
sanctions imposed by FEMA. Because state law also requires that a
proposed local ordinance be reviewed and approved 30 days prior to
adoption, please send any drafts being considered for adoption to Area
Hydrologist Molly Shodeen in 60 days.
Please feel free to contact your Ms. Shodeen or myself (612-296-9224)
if you have any questions.
Sincerely,
•
Ody Boudreau
FEMA-CAP Hydrologist
cc: Mayor Wallace Abrahamson
Molly Shodeen, Area Hydrologist (612-772-7910)
John Linc Stine, Regional Hydrologist
3AN EQUAL OPPORTUNITY EMPLOYER
Subd. 22. FLOOD PLAIN OVERLAY DISTRICT
Flood Plain Control
1.
2.
Authorization.
"J?44pl*
The legislature of the State of Minnesota has in Minnesota Statutes,
Chapter 103E and Minnesota Rules 6120.500 delegated the
responsibility to local governmental units to adopt regulations to
control development in prone areas and minimize loses.
General Provisions.
a. The Flood Plan Overlay District shall consist of all lands
within the jurisdiction of the City of Stillwater shown on the
Flood Insurance Rate Maps (dated February 1, 1984) prepared
by the Department of Housing and Urban Development with
designated Zone A or numbered Zone A areas. Said maps are a
part of the zoning map and are on file in the office of the
city clerk. The Flood Insurance Study for the City of
Stillwater prepared by the Federal Insurance Administration
dated February 1, 1984 and the water surface profiles and flood
boundaries and flood maps therein are hereby made a part of
the official zoning map and this Ordinance.
b. Interpretation. Where interpretation is needed as to the exact
location of flood plain boundaries, for example where there
appears to be a conflict between a mapped boundary and actual
field conditions, the City Council shall make the necessary
interpretation based on elevations on the regional (100 year)
flood profile and other available data. Persons contesting
the location of the boundaries shall be given a reasonable
opportunity to present their case to the City Council and to
submit technical evidence.
C. Abrogation and Greater Restrictions: It is not intended by
this ordinance to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this
ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent
with this ordinance are hereby repealed to the extent of the
inconsistency only.
d. Warning and Disclaimer of Liability: This ordinance does not
imply that areas outside the flood plain districts or land uses
permitted within such districts will be free from flooding or
flood damages. This ordinance shall not create liability of
the part of the City of Stillwater or any officer or employee
thereof for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made
thereunder.
1
e. Severability: If any section, clause, provision or portion
of this ordinance is adjudged unconstitutional or invalid by
a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby.
3. Definitions. Unless specifically defined below, words or phrases
used in this Ordinance shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give this
Ordinance its most reasonable application.
a. Accessory Use of Buildings - A subordinate use of buildings
customarily incident to and located on the same lot as the
principle building or use with the same building owner.
b. Basement. Area of building housing its floor subgrade (below
ground level) on all sides.
C. Development. Any manmade change to improved or unimproved real
estate, including but not limited to buildings or structures,
mining, dredging, filling, grading, paving, excavation,
drilling operations or storage of equipment or materials.
d. Equal Degree of Encroachment. A method of determining the
location of floodway boundaries so that flood plain lands on
both sides of a stream are capable of conveying a proportionate
share of flood flows.
e. Flood. A temporary increase in the flow or stage of a stream
or in the stage of a lake that results in the inundation of
normally dry areas.
f. Flood Frequency. The frequency for which it is expected that
a specific flood stage or discharge may be equalled or
exceeded.
g. Flood Fringe. That portion of the flood plain outside of the
floodway. Flood fringe is synonymous with the term "floodways
fringe" used in the Flood Insurance Study for Stillwater.
For the St. Croix River, the Flood Fringe includes the flood
plain area between the ordinary high water mark of the river
and the outer limits of the flood plain. For other water
bodies the Flood Fringe includes the area between the ordinary
high water mark and the designated flood plain.
h. Flood Plain. The areas adjoining a watercourse which have been
or hereafter may be covered by a regional flood.
i. Flood proofing. A combination of structural provisions,
changes or adjustments to properties and structures subject
to flooding, primarily for the reduction or elimination of
flood damage.
2
j. Floodway. The channel of the water course and those portions
of the adjoining flood plain which are reasonably required to
carry and discharge the regional flood. For the St. Croix
River, Lily Lake (Brick Pond) and McKusick Lake the floodway
is defined as the river area delineated and by the ordinary
high water mark.
k. Freeboard. Means a factor of safety usually expressed in feet
above a flood level for purposes of flood plain management.
Freeboard trends to compensate for the many unknown factors
that could contribute to flood heights greater than the height
calculated for selected size flood and floodway conditions,
such as wave action, bridge openings and the hydrological
effect of urbanization of the watershed. One foot of freeboard
is included in the regulatory flood elevation.
1. Historic Structure. Any structure that is:
1. Listing individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements of individual
listing on the National Register;
2. Certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical
significance of a registered historic district or a
district preliminarily determined by the Secretary to
qualify as a registered historic district;
3. Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of Interior;
or
4. Individually listed on a local inventory of historic
places in communities with historic preservation programs
that have been certified either:
a. By an approved state program as determined by the
Secretary of the Interior or
b. Directly by the Secretary of the Interior in states
without approved programs.
M. New Construction. Structures for which start of construction
commenced on or after the effective date of the flood plain
management regulations.
n. Obstructions. Any dam, wall, wharf, embankment, levee, dike,
pile, abutment, projection, excavation, channel, modification,
culvert, building, wire, fence, stockpile, refuse, fill
3
structure or matter in, along, across or projecting into any
channel, watercourse or regulatory flood plain which may
impede, retard or change the direction of the flow of water,
either in itself or by catching or collecting debris carried
by such water.
o. Ordinary High Water Mark. Means a mark delineating the highest
water level which has been maintained for a sufficient period
of time to leave evidence upon the landscape. The ordinary
high water mark is commonly that point where the natural
vegetation changes from predominately aquatic to predominately
terrestrial. In areas where the ordinary high water mark is
not evident, setbacks shall be measured from the stream bank
of the following water bonds that have permanent flow or open
water; the main channel, adjoining side channels, backwaters
and sloughs.
p. Principal Use or Structure. Means all uses or structures that
are not accessory uses or structures.
q. Reach. A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or manmade
obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most
typically constitute a reach.
r. Regional Flood. A flood which is representative of large
floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on
an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the
term "base flood" used in the Flood Insurance Study.
S. Regulatory Flood Protection Elevation. The Regulatory Flood
Protection Elevation shall be an elevation one foot above
regional flood level.
t. Special Use Permit (Conditional Use Permit). A use listed as
a special use in the zoning district regulations that may be
approved only after a finding that after reviewing the
following criteria that the use is not injurious to the
neighborhood or otherwise detrimental to the public welfare
and in harmony with the general purposes of this ordinance.
1. The character and use of both adjoining and proximate
land and buildings.
3. The amount of traffic to be generated by the proposed
use and the house during which said traffic will
generally be generated.
3. The amount of noise, odor and/or glare which would
emanate from the proposed use.
4. The need for the screening of parking, loading, storage
4
areas and other outdoor activities of the proposed use.
5. Air pollution control and solid waste storage and
disposal measures.
6. Other factors and conditions deemed to be important in
the consideration of the request for a special use
permit.
U. Structure. Anything constructed or erected on the ground or
attached to the ground or onsite utilities, including, but not
limited to, buildings, factories, sheds, detached garages,
cabins or manufactured homes.
V. Substantial Damage. Damage of any origin sustained by a
structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
w. Substantial Improvement. Any reconstruction, rehabilitation,
addition or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the
improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work
performed. The term does not, however, include either:
I. Any project for improvement of a structure to
correct existing violations of state or local
health, sanitary or safety code specifications
which have been identif ied by the local code
enforcement official and which are the minimum
necessary to assure safe living conditions or
2. Any alteration of a "historic structure" provided
that the alteration will not preclude the
structure's continued designation as a "historic
structure".
X. Variance. A modification of a development standard required
in an official control including this Ordinance to allow an
alternative development standard not stated as acceptable in
the official control, but only as applied to a particular
property for the purpose of alleviating a hardship, practical
difficulty or unique circumstance as defined and elaborated
upon in a community's respective planning and zoning enabling
legislation.
5. General. All new construction or substantial improvements hereafter
constructed within the Flood Plain Overlay District shall meet these
requirements or adhere to standard flood -proofing techniques and
practices as required herein, by the State of Minnesota Department
of Natural Resources and by the U.S. Army Corps of Engineers up to
the Flood Protection Elevation.
5
6. Flood Proofing. Where flood proofing is incorporated into new
construction or substantial improvements to existing structures,
flood proofing measures shall be provided to the Flood Protection
Elevation and designed to withstand flood velocities, depths,
durations, forces and any other factors associated with the regional
flood. A plan or document certified by a registered professional
engineer or architect that the flood proofing measures are adequately
designed to withstand regional flood conditions shall be submitted
to the City for approval before authorization is granted for the
proposed work. Authorized flood proofing measures shall include such
provisions as the anchorage of structures to prevent floatation, the
installation of watertight barriers over openings, the reinforcement
of walls to resist water pressures, the use of material to reduce
wall seepage, the construction or modification of water supply and
waste disposal systems to prevent entry of flood waters, the
placement of essential utilities above the flood protection elevation
and subsurface drainage.
Electrical and heating equipment within these structures shall be
at or above the flood protection elevation for the site or shall be
adequately flood proofed.
7. Establishment of Zoning District.
a. New construction or substantial improvements shall be in full
compliance with the terms of this ordinance within the f loodway
and flood fringe. Uses not listed as permitted uses or
conditional uses shall be prohibited.
b. The flood plain areas within the jurisdiction of this Ordinance
are hereby divided into two districts: Floodway District (FW)
and Flood Fringe (FF).
1. Floodway District. The Floodway District shall include
those areas designated as floodway.
2. Flood Fringe. The Flood Fringe District shall include
those areas outside of the floodway designated as
unnumbered A Zones on the Flood Insurance Rate Map.
c. The boundaries of these districts shall be shown on the
Official Zoning Map. Within these districts all uses not
allowed as Permitted Uses or permissible as Conditional Uses
shall be prohibited.
8. Floodway District (FW).
a. Permitted Uses. The following uses have a low flood damage
potential and do not obstruct flood flows. These uses shall
be permitted within the Floodway District to the extent that
they are not prohibited by any other Ordinance and provided
9
they do not require structures, fill or storage of materials
or equipment. In addition, no use shall adversely affect the
capacity of the channels or floodways or any tributary to the
main stream or of any drainage ditch or any other drainage
facility or system.
1. Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, forestry
and wild crop harvesting.
2. Residential lawns, gardens, parking areas and play areas.
3. Private and public recreational uses such as picnic
grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, fishing areas, and single
or multiple purpose recreational trails.
b. Conditional Uses. The following open spaces uses that require
an accessory structure (temporary or permanent) or fill or
storage of materials or equipment. These uses may be
permitted in the Floodway District only after the issuance of
a Conditional Use Permit. These uses are also subject to the
provisions of Section 3, Standards for Floodway Conditional
Uses (below) which applies to all Floodway Conditional Uses.
1. Structures accessary to open space uses.
2. Placement of fill.
3. Extraction of sand, gravel and other materials.
4. Marinas, boat rentals, docks, piers, wharves and water
control structures.
5. Campgrounds, tents or vehicles.
6. Structure works for flood control such as levees, dikes
and floodwalls constructed to a height where the intent
is to protect park lands for a flood frequency of 20
years or less.
7. Railroads, streets, bridges, utility transmission lines
and pipelines.
8. Storage yards for equipment, machinery or materials.
9. Other uses similar in nature to uses described in
Sections a and b above which are consistent with the
provision set out in this section.
C. Standards for Floodway Permitted or Conditional Uses.
1. All Uses. No structures (temporary or permanent), fill
(including fill for roads and levees), deposit,
obstruction, storage of materials or equipment or other
uses may be allowed as a Permitted or Conditional Use
which, acting alone or in combination adversely affects
the capacity of the floodway or increase flood heights.
In addition, all floodway uses shall be subject to the
following standards.
7
2. Fill.
a. Any fill deposited in the floodway shall be no
more than the minimum amount necessary to conduct
a Conditional Use listed in Section b Conditional
Uses above. Generally, fill shall be limited to
that needed to grade or landscape for that use and
shall not in any way obstruct the flow of flood
waters.
b. Spoil from dredging or sand and gravel operation
shall not be deposited in the floodway unless it
can be done in accordance with ( a) of this section.
c. Fill shall be protected from erosion by vegetative
cover.
d. Accessory Structures (temporary or permanent)
permitted as Conditional Uses by No. 8(b)
Conditional Uses above.
1. Accessory structures shall not be designed
for human habitation.
2. Accessory structures, shall be constructed
and placed on the site so as to offer the
minimum obstruction to the f low of flood
waters.
a. Whenever possible, structures shall
be constructed with the longitudinal
axis parallel to the direction of flood
flow, and
b. So f ar as practicable, structures shall
be placed approximately on the same
flood flow lines as those of adjoining
structures.
3. Accessory structures shall be elevated on
fill or structurally dry flood proofed in
accordance with the FP-1 or FP-2 flood
proofing classifications in the State
Building Code. As an alternative, an
accessory structure may be flood proofed to
the FP-3 or FP-4 flood proofing
classification in the State Building Code
provided the accessory structure constitutes
a minimal investment, does not exceed 500
square feet in size, and for a detached
garage, the detached garage must be used
solely for parking of vehicles and limited
Ell
storage. All flood proofed accessory
structures must meet the following additional
standards, as appropriate:
a. The structure must be adequately
anchored to prevent flotation, collapse
or lateral movement of the structure
and shall be designed to equalize
hydrostatic flood forces on exterior
walls; and
b. Any mechanical and utility equipment
in a structure must be elevated to or
above the Regulatory Flood Protection
Elevation or properly flood proofed.
4. Storage of materials and equipment.
a. The storage or processing of material
that are in time of flooding,
flammable, explosive or potentially
injurious to human, animal or plant
life is prohibited.
b. Storage of other materials or equipment
may be allowed if readily removable
from the area within the time available
after a flood warning.
5. Structural works for flood control that will
change the course, current or cross section
of protected wetlands or public waters shall
be subject to the provisions of Minnesota
Statute, Chapter 103G. Community -wide
structural works for flood control intended
to remove areas from the regulatory flood
plain shall not be allowed the floodway.
6. A levee, dike or f loodwall constructed in
the floodway shall not cause an increase to
the 100-year or regional flood and the
technical analysis must assume equal
conveyance or storage loss on both sides of
a stream.
9. Flood Fringe District (FF).
a. Permitted Uses. Permitted uses shall be those uses of
land or structures listed as permitted uses in the Flood
Plain District or in the underlying zoning use
district(s). All permitted uses shall comply with the
standards for Flood Fringe Permitted Uses listed in
Section 8(c) above and the "Standards for all Flood
Fringe Permitted Uses" listed in Section (b)
below.
9
b. Standards for Flood Fringe Permitted Uses:
1. All structures, including accessory structures,
must be elevated on fill so that the lowest floor
including basement floor is at or above the
Regulatory Flood Protection Elevation. The
finished fill elevation for structures shall be
no lower than one (1) foot below the Regulatory
Flood Protection Elevation and the fill shall
extend at such elevation at least fifteen (15) feet
beyond the outside limits of the structures erected
thereon.
2. As an alternative to elevation on fill, accessory
structure that constitute a minimal investment and
that do not exceed 500 square feet for the outside
dimension at ground level may be internally flood
proofed in accordance with Section 8(d)(3).
3. The cumulative placement of fill where at any one
time in excess of 1,000 cubic yards of fill is
located on the parcel shall be allowable only as
a Conditional Use, unless said fill is specifically
intended to elevate a structure in accordance with
Section 9(a) of this ordinance.
4. The storage of any materials or equipment shall
be elevated on fill to the Regulatory Flood
Protection Elevation.
5. The provisions of Section 9(e) of this ordinance
shall apply.
C. Conditional Uses. Any structure that is not elevated
on f ill or flood proof ea in accordance with Section
9(b)(1 and 2) or any use of land that does not comply
with the standards in Section 9(b)(3 and 4) shall only
be allowable as a Conditional Use. An application for
a Conditional Use shall be subject to the standards and
criteria and evaluation procedures specified in Section
9(d) and Section 12 of this ordinance.
d. Standards for Flood Fringe Conditional Uses:
1. Alternative elevation methods other than the
use of fill may be utilized to elevate a
structure's lowest f loor above the Regulatory
Flood Protection Elevation. These
alternative methods may include the use of
stilts, pilings, parallel walls, etc., or
above -grade, enclosed areas such as crawl
spaces or tuck under garages. The base f loor
of an enclosed area shall be considered
above -grade and not a structure's basement
or lowest floor if: 1) the enclosed area
is above -grade on at least one side of the
10
structure; 2) it is designed to internally
flood and is constructed with flood resistant
material; and 3) it is used solely for
parking of vehicles, building access or
storage. The above noted alternative
elevation methods are subject to the
following additional standards:
a. Design and Certification. The
structure's design and as -built
condition must be certified by a
registered professional engineer or
architect as being in compliance with
the general design standards of the
State Building Code and, specifically,
that all electrical, heating,
ventilation, plumbing and air
conditioning equipment and other
service facilities must be at or above
the Regulatory Flood Protection
Elevation or be designed to prevent
flood water from entering or
accumulating within these components
during times of flooding.
b. Specific Standards for Above -grade,
Enclosed Areas. Above -grade, fully
enclosed areas such as crawl spaces
or tuck under garages must be designed
to internally flood and the design
plans must stipulate:
1. The minimum area of openings in
the walls where internal flooding
is to be used as a flood proofing
technique. When openings are
placed in a structure's walls
to provide for entry of flood
waters to equalize pressures,
the bottom of all openings shall
be no higher than one -foot above
grade. Openings may be equipped
with screens, louvers, valves
or other coverings or devices
provided that they permit the
automatic entry and exit of flood
waters.
2. That the enclosed area will be
designed by flood resistant
materials in accordance with the
FP-3 or FP-4 classifications in
the State Building Code and shall
be used solely for building
11
access. parking of vehicles or
storage.
2. Basements.
a. Residential basement construction shall
not be allowed below the Regulatory
Flood Protection Elevation.
b. Nonresidentialbasementsmaybe allowed
below the Regulatory Flood Protection
Elevation provided the basement is
structurally dry flood proofed in
accordance with Section of this
Ordinance.
3. All areas of nonresidential structures
including basements to be placed below the
Regulatory Flood Protection Elevation shall
be flood proofed in accordance with the
structurally dry flood proofing
classifications in the State Building Code.
Structurally dry flood proofing must meet
the FP-1 or FP-2 flood proofing
classification in the State Building Code
and this shall require making the structure
watertight with the walls substantially
impermeable to the passage of water and with
structural components having the capability
of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
Structures flood proofed to the FP-3 or FP-
4 classification shall not be permitted.
4. When at any one time more than 1,000 cubic
yards of fill or other similar material is
located on a parcel for such activities as
on -site storage, landscaping, sand and gravel
operations, landfills, roads, dredge spoil
disposal or construction of flood control
works, an erosion/sedimentation control plan
must be submitted unless the community is
enforcing a state approved shoreland
management ordinance. In the absence of a
state approved shoreland ordinance, the plan
must clearly specify methods to be used to
stabilize the fill on site for a flood event
at a minimum of 100 year or regional flood
event. The plan must be prepared and
certified by a registered professional
engineer or other qualified individuals
acceptable to the City Council. The plan
may incorporate alternative procedures for
removal of the material from the flood plain
12
if adequate flood warning time exists.
5. Storage of Materials and Equipment:
a. The storage or processing of materials
that are, in time of flooding,
flammable, explosive or potentially
injurious to human, animal or plant
life is prohibited.
b . Storage of other materials or equipment
may be allowed if readily removable
from the area within the time available
after a flood warning and in accordance
with a plan approved by the City
Council.
6. The provisions of Section 9(e) of this
ordinance shall also apply.
e. Standards for All Flood Fringe Uses:
1. All new principal structures must have vehicular
access at or above an elevation not more than two
(2) feet below the Regulatory Flood Protection
Elevation. If a variance to this requirement is
granted, the City Council must specify limitations
on the period of use or occupancy of the structure
for times of flooding and only after determining
that adequate flood warning time and local flood
emergency response procedures exist.
2. Commercial uses. Accessory land uses, such as
yards, railroad tracks and parking lots may be at
elevations lower than the Regulatory Flood
Protection Elevation. However, a permit for such
facilities to be used by the employees or the
general public shall not be granted in the absence
of a flood warning system that provides adequate
time for evacuation if the area would be inundated
to a depth greater than two feet or be subject to
flood velocities greater than four feet per second
upon occurrence of the regional flood.
3. Manufacturing and Industrial Uses. Measures shall
be taken to minimize interference with normal plant
operations especially along streams having
protracted flood durations. Certain accessory land
uses such as yards and parking lots may be at lower
elevations subject to requirements set out in
Section 9(e)(2) above. In considering permit
applications, due consideration shall be given to
13
needs of an industry whose business requires that
it be located in flood plain areas.
4. Fill shall be properly compacted and the slopes
shall be properly protected by the use of riprap,
vegetative cover or other acceptable method. The
Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood
hazard area designation for certain structures
property elevated to fill about the 100-year flood
elevation - FEMA's requirements incorporate
specific fill compaction and side slope protection
standards for multi -structure or multi -lot
developments. These standards should be
investigated prior to the initiation of site
preparation if a change of special flood hazard
area designation will be requested.
5. Flood plain developments shall not adversely affect
the hydraulic capacity of the channel and adjoining
flood plain of any tributary watercourse or
drainage system where a floodway or other
encroachment has not been specified on the official
zoning map.
10. Subdivision of Land.
a. No Land shall be subdivided which is held unsuitable by the
Planning Commission for reason of flooding, inadequate
drainage, water supply or sewage treatment facilities. All
lots within the flood plain districts shall contain a building
site at or above the regulatory flood protection elevation.
All subdivisions shall have water and sewage disposal
facilities that comply with the provisions of this section and
have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory
flood protection elevation. In the General Flood Plain
District, applicants shall provide the information required
in No. 13 of this section below. The Planning Commission shall
evaluate the section in accordance with procedures established
in No. 13 below.
b. No land in Floodway shall be subdivided for development
purposes.
11. Manufactured Homes and Manufactured Home Parks, Travel Trailer,
Travel Vehicles.
a. The permanent placement of manufactured homes, manufactured
home parks and travel trailer and travel vehicles outside of
an approved campground shall not be permitted in the Flood
Plain.
14
12. Public Utilities, Railroads, Roads and Bridges
a. Public Utilities. All public utilities and facilities such
as gas, electrical, sewer and water supply systems to be
located in the flood plain shall be flood -proofed in accordance
with the State Building Code or elevated to above the
Regulatory Flood Protection Elevation.
b. Public Transportation Facilities. Railroad tracks, roads and
bridges to be located within the flood plain shall comply with
Section 8 and 9 of this Ordinance. Elevation to the Regulatory
Flood Protection Elevation shall be provided where failure or
interruption of these transportation facilities would result
in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be constructed
at a lower elevation where failure or interruption of
transportation services would not endanger the public health
or safety.
C. On -site Sewage Treatment and Water Supply Systems: Where
public utilities are not provided: 1) On -site water supply
systems must be designed to minimize or eliminate infiltration
of flood waters into the systems; and 2) new or replacement
on -site sewage treatment systems must be designed to minimize
or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters and they shall
not be subject to impairment or contamination during time of
flooding. Any sewage treatment systems must be designed to
minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into floodwaters and
they shall not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in
accordance with the state's current statewide standards for
non -site sewage treatment system shall be determined to be in
compliance with this section.
12. Nonconforming Uses.
a. A structure or the use of a structure or premises which was -
lawful before the passage or amendment of this section but
which is not in conformity with the provisions of this section
my be continued subject to the following conditions:
1. No such use shall be expanded, changed, enlarged or
altered in a way which increases its nonconformity.
2. No structural alteration or addition to any nonconforming
structure over the life of the structure shall exceed
50 percent of its current market value unless the entire
structure is permanently changed to a conforming use or
15
unless the alteration or addition would substantially
reduce potential flood damages for the entire structure.
3. Any alteration or addition to a nonconforming use which
would result in substantially increasing the flood damage
potential of that use shall be flood proofed in
accordance with the State Building Code.
4. If any nonconforming use or structure is destroyed by
any means, including floods, to an extent of 50 percent
of more of its market value at the time of destruction,
it shall not be reconstructed except in conformity with
the provisions of this ordinance. The applicable
provisions for establishing new uses or new structures
in Sections 8 or 9 will apply depending upon whether the
use or structure is in the Floodway, Flood Fringe or
General Flood Plain District, respectively.
13. Administration.
The Community Development Director shall administer and enforce this
section. If he finds a violation of the provisions of this section
he shall notify the person responsible for such violation, indicating
the nature of the violation and ordering the action necessary to
correct it.
14. Administrative Use Permit.
a_ Administrative Use Permit Required. An Administrative Use
Permit issued by the Community Development Director in
conformity with the provisions of this section shall be secured
prior to the erection, addition or alteration of any building,
structure or portion thereof; prior to the use or change of
use of a building, structure or land; prior to the change or
extension of a nonconforming use; and prior to the placement
of fill or excavation of materials within the flood plain.
b. Application for Administrative Use Permit. Application for
a Use Permit shall be made in duplicate to the Community
Development Director on forms furnished by him and shall
include the following where applicable: plans in duplicate
drawn to scale showing the nature, location, dimensions and
elevations of the lot; existing or proposed structures, fill
or storage of materials; and the location of the foregoing in
relation to the stream channel.
C. State and Federal Permits. Prior to granting a Use Permit or
processing an application for an Administrative Use Permit or
Variance, the Community Development Director shall determine
that the applicant has obtained all necessary State and Federal
permits.
d. Certificate of Zoning Compliance for a new, altered or
nonconforming use. It shall be unlawful to use, occupy or
permit the use or occupancy of any building or premises or part
thereof hereafter created, erected, changed, converted, altered
or enlarged in its use of structure until a Certificate of
Zoning Compliance shall have been issued by the Community
Development Director stating that the use of the building or
land conforms to the requirements of this section. Where a
nonconforming use of structure is extended or substantially
altered, the Certificate of Zoning Compliance shall
specifically state the manner in which the nonconforming
structure or use differs from the provisions of this section.
e. Construction and Use to be as Provided in Application, Plans,
Permits and Certificate of Zoning Compliance. Use Permits,
Conditional Use Permits or Certificates of Zoning Compliance
issued on the basis of approved plans and applications
authorized only the use, arrangement and construction set forth
in such approved plans and applications and no other use,
arrangement or construction. The application shall be required
to submit certification by a registered professional engineer,
registered architect or registered land surveyor that the
finished fill and building elevations were accomplished in
compliance with the provisions of this section. Flood -proofing
measures shall be certified by a registered professional
engineer or registered architect.
f. Record of First Floor Elevation. The Community Development
Director shall maintain a record of the elevation of the first
floor (including basement) of all new structures or substantial
improvements to existing structures in the flood plain
districts. He shall also maintain a record of the elevations
to which structures or additions to structures are flood -
proofed.
15. Variances.
a. Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure`
continued designation as a historic structure and the variance
is the minimum necessary to preserve the historic character
and design of the structure.
b. Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge
would result.
C. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
17
d. Variances shall only be issued upon:
I. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would
result in exceptional hardship to the applicant;
3. A determination that granting of a variance will not
result in increased flood heights, additional threats
to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of, the public
or conflict with existing local laws or Ordinances.
e. In passing upon such variances, the decision -making body shall
consider all technical evaluations, all relevant factors,
standards specified in other section of this Ordinance, and:
1. The danger that materials may be swept onto other lands
to the injury of others;
2. The danger of life and property due to flooding or
erosion damage;
3. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner;
4. The importance of the services provided by the proposed
facility in the community;
5. The necessity to the facility of a waterfront location,
where applicable;
6. The availability of alternative locations for the
proposed use which are not subject to flooding or erosion
damage;
7. The compatibility of the proposed use with existing and
anticipated development;
8. The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
9. The safety access to the property in times of flood for
ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwater and the effects
of wave action and allowance for -debris, if applicable,
expected at the site;
11. The costs of providing governmental services during and
after flood conditions, including maintenance and repair
of public facilities and facilities such as sewer, gas,
electrical, water system and streets and bridges.
f. Generally, variances may be used for new construction and
substantial improvements to be erected on a lot of less than
one-half acre contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing subsection (e) of this section has been fully
considered and land use is consistent with the general plan
and coastal land use plan.
18
g. Upon consideration of the f actors of this section, the
reviewing body may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this
chapter.
h. A community shall notify the applicant in writing over the
signature of a community official that the issuance of a
variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up
to amounts as high as $25 for $100 of insurance coverage and
such construction below the base flood level increases risks
to life and property. Such notification shall be maintained
with a record of all variance actions as required in paragraph
(17)(i) of this section; and
i. A community shall maintain a record of all variance actions,
including justification for their issuance and report such
variances issued in its annual or biennial report submitted
to the Administrator.
16. Amendments. The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it can be shown
that the designation is in error or that the area has been filled
to or above the elevation of the regional flood and is contiguous
to lands outside the flood plain. Special exceptions to his rule
may be permitted by the commissioner of Natural Resources if he
determines that, through other measures, lands are adequately
protected for the intended use.
All amendments to this Ordinance, including amendments to the
Official Zoning Map, must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes in the
Official Zoning Map must meet the Federal Emergency Management
Agency's (FEMA) Technical Conditions and Criteria and must receive
prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given ten (10) days written notice of all hearings
to consider an amendment to this Ordinance and said notice shall
include a draft of this Ordinance amendment or technical study under
consideration.
17. Penalties for Violation.
a. Violation of the provisions of this Ordinance or failure to
comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants
of Variances or Conditional Uses) shall constitute a
misdemeanor and shall be punishable as defined by law.
b. Nothing herein contained shall prevent the City of Stillwater
from taking such other lawful action as is necessary to prevent
or remedy any violation. Such actions may include but are not
limited to:
19
1. In responding to a suspected Ordinance violation, the
Community Development Director and Local Government may
utilize the full array of enforcement actions available
to it including, but not limited to, prosecution and
fines, injunctions, after -the -fact permits, orders for
corrective measure or a request to the National Flood
Insurance Program for denial of flood insurance
availability to the guilty party. The community must
act in good faith to enforce these official controls and
to correct Ordinance violation to the extent possible
so as not to jeopardize its eligibility in the National
Flood Insurance PRogram.
2. When an Ordinance violation is either discovered by or
brought to the attention of the Community Development
Director, the Community Development Director shall
immediately investigate the situation and document the
nature and extent of the violation of the official
control. As soon as is reasonably possible, this
information will be submitted to the appropriate
Department of Natural Resources and Federal Emergency
Management Agency Regional Office along with the
Community's plan of action to correct the violation to
the degree possible.
3. The Community Development Director shall notify the
suspected party of the requirements of this Ordinance
and all other official controls and the nature and extent
of the suspected violation of these controls. If the
structure and/or use is under construction or
development, the Community Development Director may order
the construction or development immediately halted until
a proper permit or approval is granted by the community.
If the construction or development is already completed,
then the Community Development Director may either 1)
issue an order identifying the corrective actions that
must be made within a specified time period to bring the
use or structure into compliance with the official
controls, or 2) permit/development approval within a
specified period of time not to exceed thirty ( 30 ) days.
4. If the responsible party does not appropriately respond
to the Community Development Director within the
specified period of time, each additional day that lapses
shall constitute an additional violation of this
Ordinance and shall be prosecuted accordingly. The
Community Development Director shall also upon the lapse
of the specified response period notify the landowner
to restore the land to the condition which existed prior
to the violation of this Ordinance.
0411
SIGN VARIANCE REVIEW
At the June 16, 1991 City Council meeting, the Council directed ti'ie Planning
Commission to review variances to the Sign Ordinance since the new Ordinance
was approved in 1989 and to review the Ordinance for changes.
The following is a breakdown of variance requests since the new Ordinance was
approved in 1989 through July 1991.
TYPE OF VARIANCE
Downtown
Additional Signage
Height
Location
In Residential District
Size
NO. OF REQUESTS
6
1
3
1
1
TOTAL VARIANCE REQUESTS 15—
The greatest number of requests is for additional signage.
Please review the Sign Ordinance for meeting discussion. Changes to the
Ordinance could be made according to concern.
Subdivision 27
district by a wall not less than eight (8) feet in height,
provided a conditional fence permit is approved.
Subd. 27. SIGN REGULATIONS
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 community, Stillwater
is unique. The proper control of signs is of particular importance
because of this historical quality and uniqueness. Signs should be
kept within reasonable boundaries consistent with the objectives and
goals of the community to retain its special character and economic
advantages which rest in part on the quality of its appearance.
The following standards in this section are therefore adopted to
regulate signs.
2. SIGN PERMITS REQUIRED. All signs shall require a sign permit as
required in this Chapter. A sign permit application containing the
following information shall be filed with the Community Development
Director:
a. A drawing of the proposed sign, or signs, showing
dimensions and describing materials, lettering, colors,
illumination and support systems.
b. Photographs of the building face and the building faces
of both adjacent buildings.
C. A drawing of the building face and site plan showing the
location of the proposed sign(s) as necessary.
d. A cross section of the building face showing how the sign
will be attached and how far it will extend from the
building.
e. Any pictorial proof or other information that the sign
is of historical significance or is a reproduction of
an historic sign as appropriate.
f. A building sign plan for a building with more than one
use or business, showing all signs.
3. DEFINITIONS. _
Awning Sign Any sign that is painted on or attached to an
awning.
Banner A sign intended to be hung either with or without
a frame possessing character, letters,
illustrations, or ornamentations applied to paper,
plastic or fabric of any kind excluding flags,
emblems and insignia or political, professional,
religious, educational or corporate organizations
providing that such flags, emblems and insignia
are displayed for noncommercial purposes.
Billboard Refers to a non -accessory sign erected for the
Zoning Page 75
Subdivision 27
purpose of advertising a product, event, person
or subject not usually related to the premises on
which said sign is located.
Building Sign Plan An illustration that shows all signs on a building
or group of related buildings.
Construction Sign A sign placed at a construction site identifying
the project or the name of the architect, engineer,
contractor, financier or other involved parties.
Directional Sign A sign which contains no advertising of any kind
and provides direction or instruction to guide
persons or vehicles to facilities intended to serve
the public.
Electrical Sign All signs and displays using electrical power.
Flashing Signs An illuminated sign upon which the artificial light
is not kept constant in terms of intensity or color
at all times when the sign is illuminated.
Freestanding Signs Any stationary, self-supporting sign standing on
the ground not affixed to any other structure.
Includes monument, ground or pedestal signs.
Graphic Signs Means any mural or pictorial scene painted on the
side of a wall or building or painted on a sign
board affixed to a wall and in which a mural or
scene has its purpose artistic effect. A "Graphic
Design" shall be considered a "sign" for the
purpose of this ordinance.
Governmental Sign A sign which is erected by a governmental unit for
identification or traffic.
Historical Sign Any sign that is of historical significance or that
is an historical resource within the meaning of
Minnesota Statues Chapter 116B.
Illuminated Sign Any sign which is lighted by an artificial light
source either directed upon it or illuminated from
an interior source.
Marquee Sign A permanent roof -like structure extending from part
of the wall of a building but not supported by the
ground and constructed of durable material such
as metal or glass.
Mobile Sign Signs on wheels or otherwise capable of being moved
from place to place.
Motion Sign Any sign which revolves, rotates, has any moving
parts or gives the illusion of motion.
Nameplate Sign A sign which states the name and/or address of the
business, industry or occupant.
Zoning Page 76
Subdivision 27
Portable Sign Any sign that is designed to be moved.
Projecting Sign Any sign projecting from a building wall.
Public Utility Sign Signs which identify public utilities.
Sign A display, illustration, structure or device which
directs attention to an object, product, place,
activity, person, institution, organization or
business. The term shall not include the United
States flag or any governmental flag properly
displayed in approved manner.
Sign Area The area which is framed either physically or
visually by the construction, design or layout of
a sign itself but not including supporting
structures.
Sign Structure The supports, uprights, braces and framework of
the sign.
Temporary Sign A sign constructed of paper, cloth, canvas or other
similar lightweight material with or without frame
and all others intended to be displayed for a short
period of time only.
Three -Dimensional Sign A type of projecting sign which depicts a physical
object, such as a shoe or product sold, as opposed
to utilizing letter to convey the signing message.
Real Estate Sign A business sign placed upon a property advertising
that particular property for sale, rent or for
lease.
Roof Sign Any sign which is erected, constructed or attached
wholly or in part upon or over the roof of a
building.
Wall Sign A sign attached to, painted on or erected against
the wall of a building with the exposea-face of
the sign plane parallel to the plane of said wall.
Window Sign A sign affixed to a window galls or door glass.
This does not include merchandise on display.
4. GENERAL PROVISIONS.
The following provisions apply to signs located in all zoning
districts:
A. All signs and sign structures shall be properly maintained and
shall be constructed of sufficiently permanent materials so
that they shall not succumb to deterioration from weathering.
Any existing sign or sign structure which is rotted, unsafe,
deteriorated, def aced or otherwise altered, shall be repainted,
repaired, replaced or removed as necessary.
Zoning Page 77
Subdivision 27
B. When electrical signs are installed, the installation shall
be subject to the State's Electrical Code. Overhead electrical
wiring is not allowed. -
C. No signs other than governmental signs shall 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 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 standpipe or fire escape.
E. Temporary signs may be allowed for special business events such
as business openings and closings, change in management,
district wide shopping events or other special occasions for
thirty (30) days maximum by permit from the Community
Development Director.
F. Sign structures not used for signing for twelve (12)
consecutive months shall 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 shall be compatible with the building and area in
which they are located.
I. No more than three (3) properly displayed f lags may be
displayed outside of the building.
J_ A sign shall not obscure architectural features of a building
to which the sign is attached.
K_ A building address shall not be considered a sign.
L. The terms of this ordinance may be waived if the sign is an
historic resource or if the sign is a proposed reproduction
of an historic sign.
M. Graphic design signs without Special Use Permit.
5. PERMITTED SIGNS.
The following signs are allowed without a permit in all zoning
districts but shall comply with all other applicable provisions of
this ordinance:
A. Public Signs: Signs of public, noncommercial nature including
safety signs, danger signs, trespassing signs, traffic signs,
signs indicating scenic or historical points of interest,
memorial plaques and the like, when signs are erected by or
on order of a public officer or employee in the performance
of official duty.
B. Integral Signs: Names on buildings, date of construction,
Zoning Page 78
Subdivision 27
commemorative tablet and the like, which are of permanent
construction and which are an integral part of the building
or the structure.
C. Political Signs: Signs or posters announcing candidates
seeking political office or issues to be voted upon at a public
election. Such signs must contain the name and address of
person(s) responsbile for such signs and that person(s) shall
be responsbile for its removal. These signs shall erected no
more than 45 days before any election and be removed five (5)
days after the general election for which they are intended.
The City shall have the right to remove and destroy signs after
the five (5) day limit.
Size: The size of a political sign shall be regulated
as follows:
1. Residential and CA Districts -
The maximum sign size shall be 6 square feet
in area with a maximum height of 4 feet.
2. IP Districts -
The maximum size shall be 35 square feet in
area.
D. Holiday Signs: Signs or displays which contain or depict
messages pertaining to a national, state or local holiday and
no other matter and which are displayed for a period not to
exceed 60 days.
E. Construction Signs: A non -illuminated sign announcing the
names of architects, engineers, contractors or other
individuals or f irms involved with the construction, alteration
or repair of a building (but not including any advertisement
of any product) or announcing the character of the building
enterprise or the purpose for which the building is intended.
Such signs shall be confined to the site of the construction,
alteration or repair and shall be removed within two ( 2 ) years
of the date of issuance of the =first building permit or when
the particular project is completed, whichever is sooner.
One sign shall be permitted for each major street the project
abuts. No sign may exceed 32 square feet in Multi -Family
Residential, Commercial and Industrial Districts and 12 square
feet in Single Family Residential Districts.
F. Individual Property Sale, Lease or Rental Sign: An on -premise
sign announcing the name of the owner, manager, realtor or
other person directly involved in the sale or rental of the
property or announcing the purpose for which it is being
offered. Such signs are limited to six (6) square feet in
residential districts and 32 square feet in commercial
districts. Signs must be removed within then ten (10) days
after sale or rental of property.
G. Rummage Sale Signs: Signs advertising a rummage sale not
exceeding four (4) square feet located on private property
which conform to the applicable provisions of this title and
Zoning Page 79
Subdivision 27
are removed at the termination of the sale.
H. One name plate sign, placed on a wall of the structure, for
each dwelling not exceeding two (2) square feet in area per
structure. No signs shall be so constructed as to have more
than two (2) surfaces.
J. One name plate for each dwelling group of six (6) or more
units. Such sign shall not exceed six (6) square feet in area
per surface. No sign shall be constructed to have more than
two (2) surfaces.
K. Real Estate Development Project Signs: For the purpose of
selling or promoting a development project of three (3) to
twenty-five (25) acres, one sign not to exceed 100 square feet
of advertising surface may be erected on the project site.
For projects of twenty-six (26) through fifty (50) acres, one
(1) or two (2) signs not to exceed 200 aggregated square feet
of advertising surface may be erected. For projects over fifty
(50) acres, one (1), two (2) or three (3) signs not to exceed
300 aggregate square feet of advertising surface may be
erected. No dimension shall exceed 25 feet exclusive of
supporting structures. Such sign shall not remain after 95
percent of the project is developed. The permit for such sign
must be renewed annually by the City Council, shall be bordered
with a decorative material compatible with the surrounding
area. If such signs are lighted, they shall be illuminated
only during those hours when business is in operation or when
the model homes or other development are open for conducting
business.
L. 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.
6. PROHIBITED SIGNS
The following signs are prohibited in all zoning districts:
A. Any sign which obstructs 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, except for private, on -premises directional signs.
C. Off -premises advertising signs except as regulated herein.
D. Any sign which moves or rotates including electronic reader
board sign, except approved time and temperature information
signs and barber poles.
E. No sign shall display any moving parts, be illuminated with
any flashing or intermittent lights or shall be animated,
except time and temperature information. All displays shall
be shielded to prevent any light to be directed at oncoming
traffic in such brilliance as to impair the vision of any
Zoning Page 80
F
Subdivision 27
driver. No device shall be illuminated in such a manner as
to interfere with or obscure an official traffic sign or
signal. This includes indoor signs which are visible from
public streets.
F. Roof signs.
G. Any sign which contains or consists of banners, pennants,
ribbons, streamers, string of light bulbs, spinners or similar
devises, except where used for noncommercial purposes or part
of an approved sign plan.
H. Portable Signs including but not limited to signs with wheels
removed, attached temporarily or permanently to the ground,
structure or other signs, mounted on a vehicle for advertising
purposes, parked and visible from the public right-of-way,
except signs identifying the related business when the vehicle
is being used on the normal day-to-day operations of that
business, hot air or gas fill balloons or semi -truck 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 existing as a collection or concentration of rays
of light.
K. Revolving beacons, beamed lights or similar devices.
L. Signs supported by a guy wire.
M. No sign shall be erected, places or maintained by any person
on rocks, fences or trees.
N. No sign shall be erected which will interfere with any electric
light, power, telephone or telegraph wires or the supports
thereof.
0. Graphic design signs without Special Use Permit.
P. Billboards.
7. PERMITTED SIGNS IN RESIDENTIAL DISTRICTS
A. Professional name plate wall signs not exceeding two (2) square
feet in area.
B. Memorial signs or tablets, names of buildings and the date of
erection when cut into a masonry surface or when constructed
of bronze or other incombustible material.
C. Political signs as regulated.
D. Individual property sale, lease or rental as regulated.
E. Construction signs as regulated.
Zoning Page 81
Subdivision 27
F. Bulletin boards or public information signs not over thirty-
two (32) square feet located only on the premises of public,
charitable or religious institutions.
G. Other signs, such as neighborhood or project identification
signs consistent with the neighborhood character, subject to
Special Use Permit.
S. PERMITTED SIGNS BY A SIGN PERMIT IN THE CENTRAL BUSINESS OR GENERAL
COMMERCIAL DISTRICT.
The following signs are hereby permitted with a sign permit:
General Re irements:
A. All signs in the General Commercial, CA, or Central Business
District, CBD, are regulated by the following requirements:
1. Number: One wall, monument, awning and canopy or three
dimensional sign is allowed per business. When a
building or business abuts two or more public streets,
an additional 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 shall be provided with the sign permit application.
3. Permit Review: All signs in the Central Business
District shall require a design permit and meet the
approved Downtown Design Guidelines for signage.
4. Other Requirements: See area, location and height
requirements below for type of sign selected.
B. Wall Si ns
1. Area. The total building - signage shall have an aggregate
area not exceeding one (1) square foot for each foot of
such building face parallel or substantially' parallel
to a street lot line.
2. Location. A wall sign shall not project more than
sixteen (16) inches from the wall to which the sign is
to be affixed.
3. Height. A wall sign shall not project higher than the
parapet line of the wall to which the sign is to be
affixed or fifteen (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, no internally illuminated signs.
5. Special Conditions. Where a principal building is
Zoning Page 82
Subdivision 27
devoted to two (2) or more permitted uses, the operator
or each such use may install a wall sign for their
particular use. A sign plan must be submitted for the
entire building.
a. The total gross signage for the entire building
shall not exceed one (1) square foot for each foot
of such building face parallel, or substantially
parallel, to a street lot line with a minimum of
twenty-five (25) square feet per business.
C. Freestanding Signs
1. Area. The area of a monument type freestanding sign
shall not exceed thirty (30) square feet.
2. Location. A monument sign shall be located in any
required yard but shall have a setback of fifteen (15)
feet from any point of vehicular access, public roadway
or property line.
3. Height. A monument sign shall not project higher than
six (6) feet, as measured from the base of sign or grade
of the nearest roadway, whichever is lower.
4. Landscaping. The area around a monument sign shall be
landscaped.
5. Lighting. Externally illuminated or back lit letters
are allowed, no internally illuminated signs.
D. Awninr and Canopy Sign
1_ Area. The gross surface of an awning or canopy sign
shall not exceed fifty (50) percent of the gross surface
area of the smallest f ace of the awning or canopy to
which such sign is to be affixed.
2. An awning or canopy sign -shall not project higher than
the top of the awning or canopy or below the awning or
canopy.
E. Three -Dimensional S
1. The total area of a three-dimensional sign shall be
determined by enclosing the largest cross section of the
sign in an easily recognized geometric shape and
computing its area shall not exceed nine ( 9 ) square feet.
F. Projecting Si n
1. The total areas of a projecting sign shall be six (6)
square feet.
2. All projecting sign shall be located on street level and
easily visible from the sidewalk.
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Subdivisior 27
3. If lighted, projecting signs shall be externally
illuminated.
9. PERMITTED SIGNS BY A SIGN PERMIT IN INDUSTRIAL PARK DISTRICTS
All commercial, office and industrial signs in all IP Districts are
subject to the following conditions: One (1) wall, freestanding,
awning or canopy sign per business is permitted subject to the
following requirements:
A. Wall Signs
1. Area. The gross surface area of a wall sign shall
not exceed one (1) square foot for each foot of
building, parallel, or substantially parallel, to
the front lot line.
2. Location. A wall sign shall be located on the
outermost wall of any principal building but shall
not project more than sixteen (16) inches from the
wall to which the sign is to be affixed. The
location and arrangement of all wall signs shall
be subject to the review and approval of the
Community Development Director.
3. Height. A wall sign shall not project higher than
the parapet line of the wall to which the sign is
to be of f ixed or twenty ( 20 ) f eet as measured f rom
the base of the building wall to which the sign
is affixed, whichever is lower.
4. Special Conditions. Where a principal building
is devoted to two (2) or more permitted uses, the
operator of each such use may install a wall sign
upon his/her proportionate share of the building
wall to which the sign is to be affixed. A sign
plan must be submitted for the entire building with
the following information:
a. The total gross signage for the entire
building shall not exceed one (1) square foot
for each foot of such building face parallel,
or substantially parallel, to a street lot
line or a minimum of twenty-five (25) square
feet per business.
b. The location, sizes, types and elevations
of all signs.
C. All signs shall be visually consistent in
location, design and scale.
B. Freestandingg ncnss
1. Area. The gross surface area of a ground sign
shall not exceed 100 square feet for each exposed
face nor exceed an aggregate gross surface area
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Subdivision 27
of 200 square feet.
2. Location. A ground sign may be set back fifteen
(15) feet from front or side property line.
3. Height. A ground sign shall not project higher
than twenty-five (25) feet, as measured from base
of sign or grade of the nearest adjacent roadway,
whichever is lower.
C. Awning, Canopy
1. Area. The gross surface area of an awning, canopy
or marquee sign shall not exceed fifty (50) percent of
the gross surface area of the awning, canopy or marquee
to which such sign is to be affixed.
2. Location. A sign may be affixed to or located upon
any awning, canopy or marquee.
3. Height. An awning, canopy or marquee sign shall
not project higher than the top of the awning,
canopy or marquee to which such sign is to be
affixed.
10. AUTOMOBILE SERVICE STATION SIGNS
Automobile service stations are allowed one (1) wall sign and one
(1) ground sign subject to the following conditions:
a. Wall Signs. There shall be no more than one (1) wall sign with
a maximum sign area of one (1) square foot for each lineal foot
of building frontage.
b. Freestanding Signs. There shall be no more than one (1)
freestanding sign for each principal building. A freestanding
sign shall be set back fifteen (15) feet form the front and
side property line. A freestanding sign shall not project
higher than twenty (20) 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 instruction to persons using the facility but containing
no advertising material of any kind.
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 5 - Six (6)
feet.
b. County Road 5 from Highway 36 to Croixwood Boulevard and South
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Subdivision. 28
Greeley from Orleans to Highway 36 - Twenty (20) feet.
c. Washington Avenue from Tower to Orleans Street - Six (6) feet.
12. NONCONFORMING USES
a. Nonconforming signs that are lawful on the date of the adoption
of this ordinance shall have rights outlined in Chapter 31.01,
Subd. 9 of the Zoning Ordinance with respect to their
alteration, extension, restoration and abandonment.
b. Any person violating or failing to comply with any provision
of this ordinance shall upon conviction thereof be guilty of
a misdemeanor.
13. VIOLATIONS
In all cases of violations of this ordinance which are unabated
thirty ( 30 ) days after written notice to 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.
SUBD. 28. GRADING PERMITS.
I. No person shall undertake, authorize or permit any of the
following actions without first having obtained a grading
permit from the City:
a. Any excavating, grading, filling or other change in the
earth's topography resulting in the movement of more than
50 cubic _yards of material, except in any designated
Wetlands, Floodplain or Shoreland District;
b. Any excavating, grading or filling other changed in the
earth's topography in any designated Wetlands, Floodplain
or Shoreland District; or
C. Any mining operation for gravel or other materials.
d. Any changing of a natural drainage way or drainage
pattern that results in increasing or intensifying the
flow of surface water upon adjacent property.
2. Notwithstanding the above, no grading permit shall be required
for the following activities, except as required by Minnesota
State Building Code:
a. Earthwork undertaken in accordance with grading plans
approved in conjunction with a site and building plan
review or plat approval, or
b. Earthwork which will result in moving less than 50 cubic
yards of material, provided the work does not take place
in any designated Wetlands, Floodplain or Shoreland
District and does not affect local drainage patterns.
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