HomeMy WebLinkAboutCPC Resolution 2019-01 (Resolution adopting denial of Norman Quacks sign Variance CPC Case No. 2019-46)RESOLUTION NO. CPC 2019-01
CITY OF STILLWATER
PLANNING COMMISSION
RESOLUTION ADOPTING WRITTEN STATEMENT OF REASONS FOR
DENIAL PURSUANT TO MINNESOTA STATUTES, § 15.99, SUBD. 2, FOR A
VARIANCE APPLICATION TO ALLOW A SIGN TO EXTEND 20-36" ABOVE
THE PARAPET AND TALLER THAN 20' FROM THE BASE OF THE
BUILDING WALL FOR THE PROPERTY LOCATED AT 1570 FRONTAGE
ROAD WEST
CPC CASE NO. 2019-46
WHEREAS, the City of Stillwater received a request from the Applicant Gordon
Skamser Jr. for a Variance to allow an existing, nonconforming sign to be located 20-36"
above a parapet and to be taller than 20' from the base of the building wall for the
property located at 1570 Frontage Road West (PID 3203020440025) on November 27,
2019, legally described as follows:
LOT 1, BLOCK 4, AND THAT PART OF LOT 2, BLOCK 4, LYING WESTERLY OF A LINE
DRAWN PARALLEL TO AND 100 FEET EASTERLY OF THE WEST LINE OF SAID LOT 2, ALL IN
STILLWATER INDUSTRIAL PARK EXCEPT THAT PART OF LOT 1, BLOCK 4, STILLWATER
INDUSTRIAL PARK, WASHINGTON COUNTY, MINNESOTA
WHEREAS, according to building plans on file with the City, Valley Ridge
Mall, where the applicant is located, is 18.5' from the parking lot grade to the top of the
roof with parapets extending to 22' tall from ground grade; and
WHEREAS, City Code Section 31-509 subd. 2 states that a wall sign may not
project higher than the parapet line of the wall to which the sign is affixed or 20' as
measured from the base of the building wall to which the sign is affixed, whichever is
lower; and
WHEREAS, the Applicant had requested variances to project higher than the
parapet line of the wall to which the sign is affixed, and greater 20 feet as measured from
the base of the building wall to which the sign is affixed; and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicants' Application at their regular
meeting on November 27, 2019; and
WHEREAS, at the November 27, 2019, Planning Commission meeting, a motion
was made by Commissioner Meyhoff and seconded by Commissioner Kocon to deny the
application. The Commission voted 5 in favor, with none opposing, and the motion
passed; and
WHEREAS, the Minnesota Statutes, § 15.99, Subd. 2(c), provides that "[i]f a
multimember governing body denies a request, it must state the reasons for denial on the
record and provide the applicant in writing a statement of the reasons for the denial. If the
written statement is not adopted at the same time as the denial, it must be adopted at the
next meeting following the denial of the request but before the expiration of the time
allowed for making a decision under this section. The written statement must be consistent
with the reasons stated in the record at the time of the denial. The written statement must
be provided to the applicant upon adoption."
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Stillwater hereby adopts the following written statement of the reasons for denial
stated on the record at the November 27, 2019, regular Planning Commission meeting by
Commissioners voting to deny the requested Design Permit amendment:
1. The requested Variance was not consistent with all the standards for granting
a Variance as described in Section 31-208. More specifically, the Planning
Commission members voting against the requested Variance stated on the
record at the November 27, 2019, regular Planning Commission meeting that
the request was not justified for the following reasons:
a. The height of the sign is not in harmony with the Zoning Code.
b. The sign does not fit with the surroundings; allowing it to exist would alter
the essential character of the building and neighborhood.
c. The applicant has indicated the plight is due to circumstances created by
the applicant.
Adopted by the Planning Commission of the City of Stillwater this 19th day of
December, 2019.
s Lauer, C air
Attest:
4
Abbi Jo Wfttman, City Planner