HomeMy WebLinkAbout2020-02-26 CPC Packet
PLANNING COMMISSION MEETING
Council Chambers, 216 Fourth Street North
February 26th, 2020
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
1. Possible approval of minutes of January 22nd, 2020 regular meeting minutes
IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects
which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement
or may give direction to staff regarding investigation of the concerns expressed. Out of respect for
others in attendance, please limit your comments to 5 minutes or less.
V. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide
background on the proposed item. The Chairperson will ask for comments from the applicant, after
which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the
public who wish to speak will be given 5 minutes and will be requested to step forward to the podium
and must state their name and address. At the conclusion of all public testimony the Commission
will close the public hearing and will deliberate and take action on the proposed item.
2. Case No. 2020-03: Consideration of Variances to construct a single family residence with
attached garage. Property located at 1109 Mulberry St W. Tim Somerville, property owner.
3. Case No. 2020-05: Consideration of a Final PUD request for the Phase III of the Lakes of
Stillwater. Property located at 105 Bridgewater Way. ILHC of Stillwater, INC., property owner
and Bill Howell representing the Goodman Group, applicant. –Canceled, Final PUD approval
was granted back in 2017, Case No. 2017-08.
4. Case No. 2020-06: Consideration of a Variance to the maximum allowed square footage of
exposed face for free standing signs in the BP-C district. Property located at 14304 60th St N.
Mick Properties, LLC, property owner and Vector Sign Solutions, Cassandra Peltier, applicant.
5. Case No. 2020-07: Consideration of a Special Use Permit for outside storage and a Variance to
build an 8 foot fence on the property located at 1792 Greeley St S located in the BP-I district. J
& J Stillwater Real Estate, LLC, property owner and Chris Hassis, applicant.
6. Case No. 2020-08: Consideration of a Special Use Permit Amendment and associated
Variances for outdoor dining. Property located at 218 Main St N. Michael Lynskey Sr., and Lee
Bjerk, property owners and Dariush Moslemi, applicant.
7. Case No. 2019-25: Consideration of a Zoning Amendment to amend the Sign Code Ordinance.
City of Stillwater, applicant.
VI. OTHER ITEMS OF DISCUSSION
VII. FYI – STAFF UPDATES – (NO PACKET MATERIALS)
VIII. ADJOURNMENT
PLANNING COMMISSION MEETING MINUTES
January 22, 2020
REGULAR MEETING 7:00 P.M.
Chairman Lauer called the meeting to order at 7:04 p.m.
Present: Chairman Lauer, Commissioners Dybvig, Hade, Meyhoff; Councilmember Collins
Absent: Commissioners Hansen and Kocon
Staff: City Planner Wittman
APPROVAL OF MINUTES
Possible approval of minutes of December 19, 2019 regular meeting
Motion by Commissioner Dybvig, seconded by Councilmember Collins, to approve the minutes of the
December 19, 2019 meeting. Motion passed 4-0-1 with Commissioner Hade abstaining.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
There were no items on the Consent Agenda.
PUBLIC HEARINGS
Case No. 2019-69: Consideration of Special Use Permit amendment for the property located at 123 2nd
St N. Judd Sather representing Frederick Real Estate Group, LLC, property owner.
Ms. Wittman stated that one of the conditions that appears in the Special Use Permit and
amendments for the building at 123 2nd Street North is that all trash containers must be stored
indoors. However, over the course of the past year, property owners and business owners on Main
and 2nd Street North adjacent to the alley between Myrtle and Commercial Street have organized to
clean up the alley. A proposal to consolidate the dozen-plus trash and recycling containers in the
alley, with a business cooperative utilizing two sets of trash and recycling roll-off containers and one
grease trap, has been proposed to the City Council (as these facilities would be located on public
land). The consortium has worked with a licensed trash hauler to pick up the trash, four times a
week, and bill the businesses an agreed percentage based on current use. Businesses in the building
at 123 2nd Street North would like to utilize this cooperative trash program. The applicant hopes the
Planning Commission will allow his Special Use Permits to be amended again by allowing him and
his tenants to participate in the cooperative trash program. Staff recommends approving the Use
Permit amendment request by adding a new condition of approval.
Chairman Lauer asked if there would be more frequent trash pickups based on the cooperative.
Ms. Wittman confirmed that the cooperative would have four times weekly and Saturday pickups.
There would be a total of four larger bins, two for recycling and two for trash, plus a grease trap. The
Council has approved the City entering agreements with the property owners pending the approval
of the building at 123 Second Street South to enter the program.
Planning Commission January 22, 2020
Page 2 of 4
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Commissioner Dybvig said he would like a minor amendment to the condition to state “City-
approved” agreement.
Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve Case No. 2019-69,
Special Use Permit amendment for the property located at 123 2nd St N, with the one staff-
recommended condition and adding the words “City-approved agreement.” Motion passed 5-0.
Case No. 2019-70: Consideration of a Variance for the minimum width lot depth for the property
located 7960 Minar Ave N. Jeffrey and Patricia Pratt, property owners.
Ms. Wittman reviewed the case. Jeffrey and Patricia Pratt have submitted a request to subdivide their
2.50 acre homestead lot at 7960 Minar Avenue North into two lots. As the property has been
previously platted, a request for a resubdivision is not required to be heard by the Planning
Commission. However, the depth of one of the lots does not meet minimum requirements. So, the
Planning Commission must hear the request for a Variance of 48’ to the minimum 300’ minimum lot
depth requirement in the RR – Rural Residential zoning district. Staff finds that the applicant has
established practical difficulty and the request conforms to the standards set forth for the issuance of
variances and recommends approval of a 48’ variance to the 300’ minimum lot depth for the future
subdivision, which would be acted upon by the City Council.
Chairman Lauer pointed out that the motivation to split a lot would be an economic consideration.
Ms. Wittman confirmed that staff has determined that there are other unique circumstances to the
property. The economic consideration is not the reason for the zoning code restriction.
Commissioner Hade noted that the applicant had the intent to split the lot before they were annexed
into the City, correct?
City Planner Wittman said yes.
Commissioner Dybvig asked if City utilities are extended to these lots.
Ms. Wittman replied no but the applicants have received approval from the Water Department to
drill a well and have worked with Washington County Health and Environment and determined they
have land area sufficient to put another septic drain field on the adjacent property. The resubdivision
request would not have been accepted without those.
Jeff Pratt, applicant, stated without the property line as proposed, it would result in an awkward
looking lot and they would have to redo the drain field.
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Motion by Commissioner Hade, seconded by Commissioner Dybvig, to approve Case No. 2019-70,
Variance for the minimum width lot depth for the property located 7960 Minar Ave N. Motion passed 5-
0.
Case No. 2019-72: Consideration of a Special Use Permit for a coffee shop on the property located at
209 Main St S. Happy Bridge, property owner and Michael Herman, applicant.
Ms. Wittman stated that Michael Herman is planning to lease 209 Main Street South for use as a
coffee shop and electric bike rental shop. The second floor of the building will continue to be used as
vacation rental space. There is projected to be a three-parking space difference in load between the
former use and this use, so no parking mitigation is required. Staff finds that with certain conditions,
Planning Commission January 22, 2020
Page 3 of 4
the proposed uses conform to the requirements and the intent of the Zoning Code, the comprehensive
plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the
public welfare of the community. Therefore, staff recommends approval of the Special Use Permit
with six conditions.
Councilmember Collins asked about the parking spaces required.
City Planner Wittman responded that only use changes that result in four or more additional spaces
being required must have a parking mitigation plan. This use change will not require a parking
mitigation plan.
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Motion by Commissioner Dybvig, seconded by Councilmember Meyhoff, to approve Case No. 2019-
72, Special Use Permit for a coffee shop on the property located at 209 Main St S with the six staff-
recommended conditions. Motion passed 5-0.
Case No. 2019-73: Consideration of a Variance to build a garage exceeding 1000 sf on the property
located at 615 Broadway St S. Reid and Julie Miller, property owners.
City Planner Wittman explained that the property owners are proposing to construct a 1,060 sf
garage. The construction of this house, along with a garage, was approved by the Heritage
Preservation Commission with the three car garage as requested. Originally the approved design was
permitted by the Building Inspections department for a 650 square foot 2-car garage, however the
applicant is now proposing to build a 1,060 sf garage, approximately 60% of which will be tucked
under the backside of the house. There is currently a porte-cochere (drive through “carport”) over the
driveway, which is used as a drop-off area. The City has taken the opinion that this 298 sf structure
is an accessory (garage) structure and is included in the tallying of the total coverage of accessory
buildings. Therefore, the City holds the view that adding a 1,060 sf garage will bring the total lot
coverage of accessory buildings to 1,358. Conversely, it has been put forth by the applicants that
because this building will not be used to store vehicles (or anything else) and is just a drop off
location, it should not be considered in the total count of accessory building square footage. A 358 sf
variance to the 1,000 sf maximum accessory structure coverage is being requested, to construct a
1,060 square foot garage and a 298 sf porte-cochere, for a total accessory structure coverage of 1,358
sf. It is important to note that the applicants are trying to the best of their ability to tuck the garage
behind the home to retain the character of the neighborhood. Staff finds that the applicant has
established practical difficulty and recommends approval of a variance to allow a 1,060 sf side-
loaded, attached garage. If the variance as requested is approved, staff recommends that three
conditions be imposed.
Commissioner Dybvig commented whether or not it is an accessory dwelling, it comes down to the
roof because what the City is trying to mitigate is impervious surface. He asked how the lot coverage
is affected.
Ms. Wittman explained that 25% of the lot may be covered by structures. This would be considered
structural coverage but the applicants are still under the maximum allowable impervious surface
percentage due to the large lot size.
Ms. Miller introduced Todd Anderson, builder and John Kirk, architect, to answer any questions.
Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed
the public hearing.
Planning Commission January 22, 2020
Page 4 of 4
Motion by Commissioner Dybvig, seconded by Chairman Lauer, to approve Case No. 2019-73, 60’
Variance to build a three-stall garage exceeding 1000 sf on the property located at 615 Broadway St S,
in addition to the 298 sf port cochere, with the three conditions recommended by staff. Motion passed 5-
0.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
OTHER ITEMS OF DISCUSSION
There were no other items of discussion.
FYI STAFF UPDATES
Ms. Wittman informed the Commission that the Norman Quack’s sign denial was appealed to the
City Council and the Council overturned the Planning Commission and Heritage Preservation
Commission’s denial. It was a split vote with Councilmembers Collins and Junker voting against
overturning the denial.
ADJOURNMENT
Motion by Commissioner Meyhoff, seconded by Commissioner Hade, to adjourn the meeting at 7:47
p.m. All in favor, 5-0.
Chris Lauer, Chair
ATTEST:
Abbi Wittman, City Planner
PLANNING REPORT
TO: Planning Commission CASE NO.: 2020-03
REPORT DATE: February 20, 2020
MEETING DATE: February 26, 2020
APPLICANT: Tim Somerville
LAND OWNER: Tim Somerville
REQUEST: Variances associated with the construction of a single family residence
LOCATION: 1109 Mulberry Street West
ZONING: RB: Two-Family Residential
PREPARED BY: Abbi Wittman, City Planner
REVIEWED BY: Bill Turnblad, Community Development Director
INTRODUCTION
Tim Somerville owns the property at 1109 Mulberry Street West. The owner would like to
construct a single family home with attached garage on the property. The home is proposed to
maintain the historic front yard setback as the former residence, recently approved for
demolition.
SPECIFIC REQUEST
Consideration of:
1. A 6’ variance to the 20’ (House) Front Yard Setback for a single family residences;
2. A 10’ variance to the 20’ (House) Front Yard Setback for covered stairs and landing; and
3. A 12’ variance to the 30’ (Garage) Front Yard Setback for an attached garage.
ANALYSIS
Variance Analysis
The purpose of the variance is to “…allow variation from the strict application of the terms of
the zoning code where the literal enforcement…would cause practical difficulties for the
landowner.” In addition to the requirements, below, Section 31-208 indicates “[n]onconforming
uses or neighboring lands, structures or buildings in the same district or other districts may not
Case no. 2020-08
Page 2
be considered grounds for issuance of a variance” and “…a previous variance must not be
considered to have set a precedent for the granting of further variances. Each case must be
considered on its merits.”
Section 31-208 further indicates:
Economic considerations alone do not constitute practical difficulties.
A previous variance must not be considered to have set a precedent for the granting of further
variances. Each case must be considered on its merits.
1. No variance may be granted that would allow any use that is prohibited in the zoning district
in which the subject property is located. Single family homes with attached garages are
permitted in the RB – Two Family Residential zoning district.
2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan.
a. What is the purpose of the regulation for which the variance is being requested?
Generally speaking, the purpose of the Front and Side Yard Setbacks are to maintain
open, unencumbered space for drainage and uniform development.
b. If granted, would the proposed variance be out of harmony with the Zoning Code? The
property owner is proposing to retain an open, unencumbered area in the front of the
home though the setback is not consistent with other homes on the block. Furthermore,
though the front yard area will be reduced, the existing site topography and future
grading will allow for drainage and infiltration to occur behind the home, where grades
are already much lower than in the front.
c. If granted, would the proposed variance be out of harmony with the Comprehensive
Plan? No, it would not be out of harmony with the Comprehensive Plan.
3. A variance may be granted when the applicant establishes that there are “practical
difficulties” in complying with the Zoning Code. A practical difficulty means that the
property owner proposes to use the property in a reasonable manner not permitted by the
Zoning Code; the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and the variance, if granted, will not alter the essential character
of the locality. Economic considerations alone do not constitute a “practical difficulty”.
a. Is the property proposed to be used in a reasonable manner? The use of the property a
single family home with attached garage is reasonable.
b. Is the plight of the landowner due to circumstances unique to the property? This design
configuration is a direct result of the topography of the land, with a 12’ drop from the
front of the property to the lowest point directly behind the home. The applicant is
proposing the location of the home in the front yard setback area to minimize the amount
of fill needed to bring the home in compliance with the required setbacks.
c. Are the circumstances created by the landowner? The varying elevations of the property,
with the extreme slope to the west/northwest is not a result of the property owner.
Case no. 2020-08
Page 3
d. If granted, would the variance alter the essential character of the locality? The Heritage
Preservation Commission (HPC) reviewed the design of the new home at their February
19, 2020 meeting. The HPC determined the new home’s proposed design substantially
conforms to the Neighborhood Conservation District guidelines, including those
pertaining to streetscape rhythm, alignment and setbacks. Therefore, if granted, the
variance would not alter the essential character of this dead-end street.
e. Have practical difficulties been established independent of economic considerations?
Yes.
POSSIBLE ACTIONS
The Planning Commission has the following options:
A. Approve the requested variances with the following conditions:
1. Plans shall be substantially similar to those found on file with CPC Case No. 2020-
03, except as modified by the conditions herein.
2. Plans and the use will need to be approved by the engineering, fire and building
officials before the issuance of a building permit.
3. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any major changes will need to go to the
Planning Commission for review and approval.
B. Deny the requested variances. With a denial, findings of fact supporting the decision
must be provided.
C. Table the request for additional information.
FINDINGS AND RECOMMENDATION
Due to the significant grade change between the front of the property and the rear, it is
practically difficult for the owner to comply with the Front Yard Setback standards. The
construction of the home will not have a negative impact on the character of the neighborhood.
Therefore, staff would recommend conditional approval of CPC Case No. 2020-03 with those
conditions outlined in Alternative A, above.
Attachments: Site Location Map
Narrative Request
Certificate of Survey
Grading and Site Plan
Floor Plans (2 pages)
Elevations
cc: Tim Somerville, property owner
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General Site Location
Site Location
1109 Mulberry St W
^
Somerville variances
Location
Somerville variances -existing
Somerville variances -proposed
PLANNING REPORT
TO: Planning Commission CASE NO.: 2020-06
REPORT DATE: February 18, 2020
MEETING DATE: February 26, 2020
APPLICANT: Cassandra Peltier, Vector Sign Solutions
LAND OWNER: Mick Lynskey
REQUEST: Consideration of a Variance for an additional 48.3 square feet of signage
on their freestanding sign
LOCATION: 14304 60th Street North
ZONING: BPC: Business Park - Commercial
PREPARED BY: Graham Tait, City Zoning Administrator
REVIEWED BY: Abbi Wittman, City Planner
Bill Turnblad, Community Development Director
INTRODUCTION
The property owner is proposing to furnish an existing nonconforming cabinet sign and install
one additional cabinet sign at 14304 60th St North. This property, River Heights Service Center,
is comprised of a single L-shaped building with five tenants. Currently on the property there is
an existing freestanding sign that that has 100 square feet of cabinet signage advertising three
businesses. Also, there is an additional cabinet sign on this pillar that is 25 square feet in size,
advertising one business (this sign had remained blank for a long while, but has recently been
furnished). This additional cabinet sign has not been approved by the City.
SPECIFIC REQUEST
The applicant has made a request for consideration of a variance to City Code Section 31-509.
Subd. 8. (c). (1). for the following:
A 48.3 sf variance to the 100 sf maximum of exposed face signage to permit an existing
nonconforming 25 square foot cabinet sign and install an additional, 23.3 square foot
cabinet sign.
o This also translates to a 96.6 sf variance to the 200 sf maximum aggregate gross
surface area of signage.
ANALYSIS
The State of Minnesota enables a City to grant variances when they meet the review criteria
below.
1. No variance may be granted that would allow any use that is prohibited in the zoning
district in which the subject property is located.
The property is zoned BP-C, Business Park - Commercial. In the BP-C district,
freestanding signage is allowed.
2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan.
a. What is the purpose of the regulation for which the variance is being requested?
The general purpose and intent of the Zoning Code is to regulate
and restrict use of land for the protection of public health, safety and
welfare. The specific purpose of maximum square footage for a freestanding
sign is to preserve the character of the City, as well as to promote safety and
limit driving distractions.
b. If granted, would the proposed variance be out of harmony with the Zoning Code?
The proposed variance will not be out of harmony with the Zoning
Code as it relates to promoting safety and limiting driving distractions. But
since this variance is asking for a 48% increase in signage area, the City
feels this is out of harmony with the zoning code’s intent to preserve the
character of Stillwater through the regulation of signage.
c. If granted, would the proposed variance be out of harmony with the
Comprehensive Plan?
No, it would not be out of harmony with the Comprehensive Plan.
3. A variance may be granted when the applicant establishes that there are “practical
difficulties” in complying with the Zoning Code. A practical difficulty means that the
property owner proposes to use the property in a reasonable manner not permitted by
the Zoning Code; the plight of the landowner is due to circumstances unique to the
property not created by the landowner; and the variance, if granted, will not alter the
essential character of the locality. Economic considerations alone do not constitute a
“practical difficulty”.
a. Is the property proposed to be used in a reasonable manner?
The use of the property, as a shopping center in a BPC district, is
reasonable.
b. Is the plight of the landowner due to circumstances unique to the property?
Every property in the BPC district has a maximum freestanding
sign area of 100 sf., regardless of the building’s size and/or the number of
tenants. That being said, there are several factors that differentiate this
property from other properties in the district. First, this property is an L-
shaped property that faces east, so when driving eastbound down Highway
36, you are essentially looking at the rear of the building and the only
easily seen wall signage is TirePlus (exemplified in the photo below).
Therefore, the freestanding sign is very crucial for this property in
comparison to other properties in the area. Secondly, this property hosts
five tenants which is more than the surrounding properties whom are able
to have equal sized signage.
c. Are the circumstances created by the landowner?
These circumstances were not fully created by the landowner.
Although, if O’Reilly Auto Parts’ were decreased in size to mirror the
other cabinet signs, this issue could be alleviated.
d. If granted, would the variance alter the essential character of the locality?
It’s tough to quantify how the variance would alter the essential
character of the locality. City staff doesn’t believe this would drastically
alter the character of the area, nevertheless it’s fair to say that adding more
signage along the highway would have some degree of visual impacts.
e. Is the lone consideration an economic one?
The requested variance clearly has some economic motives.
However, it seems that this variance more reflects the simple fact that the
property owner deems more freestanding signage to be necessary
considering the size of the complex and the number of tenants.
PUBLIC COMMENT
There was no public comment.
POSSIBLE ACTIONS
The Planning Commission has the following options:
A. Approve the requested variance with the following conditions:
1) Plans shall be substantially similar to those on file with the Community Development
Department’s Case No. 2020-6.
2) Appropriate sign permits shall be reviewed and approved prior to any construction
occurring on the property.
3) The sign installer shall be licensed by the City.
4) Major exterior modifications to the variance permit request shall be reviewed by the
Planning Commission as per Section 31-204, Subd. 7.
5) Any signage installed must first receive an approved sign permit from the
Community Development Department.
B. Deny the requested variances. With a denial, findings of fact supporting the decision
must be provided.
C. Table the application and request additional information from staff or the applicant.
View from Hwy 36 looking east
Google Aug 2019
FINDINGS AND RECOMMENDATION
After a review of the request, staff has produced the following findings as to why a variance for
48.3 square feet should not be approved:
The current allocation of space on the freestanding sign is unequal and not practical.
The O’Reilly Auto Parts’ sign is unnecessarily large and is taking up the space of two
cabinet signs. So, to some degree these circumstances were created by the landowner,
and could be somewhat alleviated by reallocating the space on the freestanding sign.
The request is for a significant increase in signage, which could have adverse effects of
the locality. In general, the City discourages variances relating to signage, except in
situations where a variance would be necessary to alieve the issues relating to a
property’s “uniqueness”.
A variance would be somewhat contradictory to the intent of the zoning code.
While staff does not feel that a 48.3 square foot variance would be warranted, staff has found
that there is reason for a variance that would allow for an additional 25 square feet of signage.
Staff feels a 25 square foot variance is appropriate and should be approved for the following
reasons:
The shape and orientation of the building makes the individual units and their wall signs
invisible when travelling eastbound down Highway 36. So the freestanding sign is
especially important for this property, making this building unique to other buildings
along this corridor.
This building has five tenants, which is more than a lot of the surrounding properties.
Therefor it seems reasonable that they would need extra sign space to work with. Also, if
each tenant was allowed a 10’ X 2.5’ cabinet sign that would total 125 sf., requiring a 25
sf variance.
Multi-tenant buildings under 40,000 sf in Business Park districts are allowed to have a
master identification sign of up to 40sf. River Heights has a master identification sign
that is roughly 20 to 25 sf, so approving a 25 sf variance would basically be reallocating
this square footage to tenant signage.
Staff recommends approval of a variance to allow 25 square feet of additional signage (one
additional cabinet sign) to the freestanding sign. Staff does recommend that if the variance is
approved that all the conditions stated in Alternative A, above, be imposed. If denied, staff
recommends the property owner remove the nonconforming blank cabinet sign from their pylon
within 14 days, to come into conformance with Code.
Attachments: Site Location Map
Street View
Applicant Narrative (2 pages)
Sign Plans (4 pages)
CC: Cassandra Peltier
Mick Lynskey
River Heights Service Center
Sign size variance
River Heights Service Center
Sign size variance
River Heights Service Center
Sign size variance
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General Site Location
Site Location
14304 60th St N
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Lynskey & Clark
118 S. Main Street
P.O. Box 36
Stillwater, MN. 55082
651-210-0075
Stillwater Planning Department
216 4th Street N.
Stillwater, MN. 55082
Re: Variance to furnish and install one double faced cabinet sign and variance for an existing
cabinet sign and four tenant panels at CPB Plaza 14304 60th St. Stillwater, MN. 55082
Dear Stillwater Planning Commission,
The owner of 14304 60th St. proposes the addition to furnish and install one double faced
cabinet sign and variance for an existing cabinet sign and four tenant panels (48.3 square feet.)
The owner requests two variances in regards to furnishing and installing one set of illuminated
channel letters, for tenant Paul Davis-Restoration and for the addition of one more tenant panel.
This request is being made due to the massive size of the building in relationship to the small
allotted space used for tenant signage.
The Property at CPB Plaza already has the pillar established for signage. The owner wishes to
install one set of illuminated channel letters mounted flush to the wall, for an existing customer
Paul Davis-Restoration, for these reasons:
●The location for this sign is already in existence which was created and installed by
previous owners and available for the installation.
●This sign is crucial to the advertisement of this business and will allow this tenant to
publicly be seen.
The owner requests a variance for one more additional sign for these reasons:
●The massive size of this building does not allocate enough advertisement space for
signs for their tenants.
-This could be a deterrent for potential renters not being able to put their sign on
the building. This will allow tenants to be publicly be seen.
●Approval was recently granted for a Stillwater Dairy Queen with similar circumstances.
This massive establishment did not have enough approved signage for the size of the
building. This variance was granted based on this unreasonable situation. After this
approval, their additional signs were created which had led to a very successful
business.
●This is a highly trafficked area where promotion is key and attractive to potential
businesses.
●Existing tenants can immediately utilize this sign.
●This sign will attract new businesses in Stillwater which will help foster the local
economy. This will account for future growth.
●The sign placement will be visually attractive constructed below the other established
signs.
●At the very top of this pillar, there is a larger space for a sign currently being utilized by
O’Reilly Auto Parts. This particular rental space is around 6,000 square feet which is
particularly large. In the future, it would be very difficult to find a renter in need of such a
large space. Therefore, this area will most likely be divided into multiple renters. That
large spot at the top of the signage pillar would also be divided into multiple categories
reflecting those businesses. Therefore, due to the large size of that particular rental
space the larger spot for signage is necessary in reflecting those needs.
Therefore, the addition of two pylon tenant panels will be essential for the CPB Plaza building.
These visually attractive signs are necessary for the promotion of these tenants and will nourish
Stillwater’s flourishing economy.
Thank you for your consideration,
Best Regards,
Lynskey and Clark
Stillwater - MN
0.1
XX
PAGE:
DWG:
NAME:
DATE:
CUSTOMER APPROVAL
SALES:PR:
DESIGN:
DATE:
These plans are the exclusive property
of Vector Sign Solutions and are the
result of the original work of its
employees. They are submitted to your
company for the sole purpose of your
consideration of whether to purchase
thes e pla ns or to purchase from
V e c t o r S i g n S o l u t i o n s A s i g n
manufactured according to these plans,
distribution or exhibition of these plans
to anyone other than employees of your
company, or use of these plans to
construct a sign similar to the one
e m b o d i e d h e r e i n , i s e x p r e s s l y
prohibited and will render the user liable
for damages.
REV1
REV2
REV3
REV4
REV5
REV6
REV7
REV8
Building Square Footage 3,111
Pylon Sign 99.5 Square Feet
FACE REPLACEMENTS
1
2
10’
10’10’10’10’
10’
2’6”
10’
10’10’10’10’
2’6”
10’
2’4”
100 SQ FT
25 SQ FT
100 SQ FT
25 SQ FT
23.3 SQ FT
TOTAL 125 SQ FT
TOTAL 148.3 SQ FT 3
PLANNING REPORT
TO: Planning Commission CASE NO.: 2020-7
REPORT DATE: February 18, 2020
MEETING DATE: February 26, 2020
APPLICANT: Chris Hassis, Hassis Paintworks
LAND OWNER: J & J Stillwater Real Estate LLC
REQUEST: Consideration of a Special Use permit for outdoor storage and a variance
for an 8’ fence to screen the outdoor storage.
LOCATION: 1792 Greeley St South
ZONING: BPI: Business Park Industrial
PREPARED BY: Graham Tait, City Zoning Administrator
REVIEWED BY: Bill Turnblad, Community Development Director
INTRODUCTION
The property owner is applying for a Special Use permit to keep outdoor storage in the rear of
their property. Along with the Special Use permit, it is required that the outdoor storage must be
screened. Therefore, the property owner will also need a variance to install an eight foot privacy
fence in the rear of the property, in order to provide screening for the outdoor storage.
The property is currently being used as a collision repair facility for automobiles, watercrafts,
large trucks and campers. This case initially was started with a complaint to the City regarding
the storage of boats in the rear of this property. It was determined that within the BPI zoning
district, outdoor storage is only allowed with a SUP and screening must be installed.
SPECIFIC REQUEST
The applicant is requesting the following for the property at 1792 Greeley St South:
- A Special Use Permit to have outdoor storage.
- A variance to install the required fencing, at a height of eight feet, to provide screening
for the outdoor storage.
ANALYSIS
Municipal Code Section 31-207 indicates the following must be determined by the Planning
Commission prior to the issuance of a Special Use Permit (SUP):
The proposed structure or use conforms to the requirements and the intent of this (Zoning) chapter,
and of the comprehensive plan, relevant area plans and other lawful regulations.
Zoning Ordinance
Use
In the BPI district, outdoor storage is permitted with a special use permit. The City has determined
that, with certain conditions, outdoor storage does not constitute a nuisance or prove to be
detrimental to the public welfare of the community when located in in the BPI district.
Screening
The property owner is proposing to install an 8’ fence to surround the rear of the property. The
proposed fence will wrap around the entire developed portion of the rear lot. There will be two
access gates; one gate will be even to and parallel to the back wall of the building where the
driveway opens into the large parking area, and the second gate will be on the south side further
towards the rear. Furthermore, the fence will be a color that will match the main building.
City staff believes the fencing will provide adequate screening from the public street and the
surrounding neighbors. The height of the fence will not have any negative effects on the
neighborhood, because the properties to every side are industrial uses as well.
Noise
The use of outdoor storage will not add any additional noise, because the permit is for the storage
of boats/vehicles and not for the actual repair of vehicles/boats taking place outdoors.
Comprehensive Plan
The proposed use of outdoor storage for a collision repair shop in the Business Park Industrial
area is in line with the goals put forth in the City’s Comprehensive Plan. This section of the City
is marked as Industrial in the Comprehensive Plan’s Future Land Use Chapter, particularly
because of its proximity to regional road corridors (Hwy 36).
PUBLIC COMMENT
There was no public comment.
POSSIBLE ACTIONS
The Planning Commission has the following options:
A. Approve the requested variances with the following conditions:
1. This Special Use Permit is in all ways a Conditional Use Permit as the term is
used in Minnesota Statue Section 462.3595.
2. Plans shall be substantially similar to those on file with the Community
Development Department’s Case No. 2020-7.
3. Property owners must keep the public spaces adjacent to their businesses free and
clear of trash, cigarette butts and other forms of debris.
4. Plans and the use will need to be approved by the City of Stillwater engineering,
fire and building officials before the issuance of a building permit.
5. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any major changes will need to go to the
Planning Commission for review and approval.
6. A fence permit shall be reviewed and approved prior to any fence installation on
the property.
B. Deny the requested variances. With a denial, findings of fact supporting the decision
must be provided.
C. Table the application and request additional information from staff or the applicant.
FINDINGS AND RECOMMENDATION
Staff finds that with the above stated conditions imposed, the proposed use is in conformance
with the requirements and intent of the Zoning Code, the comprehensive plan, relevant area plans
and other lawful regulations, and or will not be a nuisance or detriment to the public welfare of
the community. Therefore, staff recommends the approval of a Special Use Permit for outdoor
storage located in the rear of 1792 Greeley Street South. Staff advises that if the Special Use
Permit is approved, that the conditions stated above, in Option A, be imposed.
Attachments: Site Location Map
Street View
Applicant Narrative
Fence Plans (2)
CC: Chris Hassis
Randy Jennissen
SHELTON DRIVELINSON CIRSOUTH GREELEY STREETCU RV E C R E S T B L V D
S GREELEY STCOUNTY ROAD 66INDUSTRIALBLVD1198
1815
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1900 1901
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19151951
µ
0 275 550137.5 Feet
General Site Location
Site Location
1792 Greeley St S
^
View from Greeley St S (Jan 17, 2020)
Hassis Paintworks
Outside storage SUP &
Screening fence height variance
Hassis Paintworks
Outside storage SUP &
Screening fence height variance
Hassis Paintworks
Outside storage SUP &
Screening fence height variance
PLANNING REPORT
TO: Planning Commission CASE NO.: 2020-08
REPORT DATE: February 19, 2020
MEETING DATE: February 26, 2020
APPLICANT: Dariush Moslemi
LAND OWNER: Michael Lynsky & Lee T. Bjerk
REQUEST: A Special Use Permit and associated Variances for outdoor dining
LOCATION: 218 Main Street North
ZONING: CBD: Central Business District.
PREPARED BY: Abbi Wittman, City Planner
REVIEWED BY: Bill Turnblad, Community Development Director
INTRODUCTION
Dar Moslemi received a Special
Use Permit to operate a restaurant,
The Rusty Mile, at 218 Main Street
North. While the applicant
indicated he would like to have an
outdoor patio in this location, the
original use permit application did
not include details of that use. As a
result, the applicant has applied for
an amendment to the existing use
permit to allow for outdoor dining
in the front yard setback area.
SPECIFIC REQUEST
Consideration of a:
1. Special Use Permit
amendment for an above-grade outdoor dining area; and
2. A 15’ variance to the 15’ Front Yard Setback for an above-grade outdoor dining area; and
Google Street View (May, 2019)
Case no. 2020-08
Page 2
3. A 10’ variance to the combined 20’ Side Yard Setback for an above-grade outdoor dining
area.
ANALYSIS
Variance Analysis
The purpose of the variance is to “…allow variation from the strict application of the terms of
the zoning code where the literal enforcement…would cause practical difficulties for the
landowner.” In addition to the requirements, below, Section 31-208 indicates “[n]onconforming
uses or neighboring lands, structures or buildings in the same district or other districts may not
be considered grounds for issuance of a variance” and “…a previous variance must not be
considered to have set a precedent for the granting of further variances. Each case must be
considered on its merits.”
Section 31-208 further indicates:
Economic considerations alone do not constitute practical difficulties.
A previous variance must not be considered to have set a precedent for the granting of further
variances. Each case must be considered on its merits.
1. No variance may be granted that would allow any use that is prohibited in the zoning district
in which the subject property is located. The use of a patio for outdoor dining is not
prohibited in the Central Business District. Analysis of the requested Special Use Permit
amendment can be found on the following page.
2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan.
a. What is the purpose of the regulation for which the variance is being requested?
Generally speaking, the purpose of the Front and Side Yard Setbacks are to maintain
open, unencumbered space for drainage and uniform development. However, the Central
Business District standards encourage new construction setbacks to be consistent with
buildings on adjacent properties; a setback flush with the Main Street sidewalk is desired.
b. If granted, would the proposed variance be out of harmony with the Zoning Code? The
proposed variances would not be out of harmony with the zoning code.
c. If granted, would the proposed variance be out of harmony with the Comprehensive
Plan? No, it would not be out of harmony with the Comprehensive Plan.
3. A variance may be granted when the applicant establishes that there are “practical
difficulties” in complying with the Zoning Code. A practical difficulty means that the
property owner proposes to use the property in a reasonable manner not permitted by the
Zoning Code; the plight of the landowner is due to circumstances unique to the property not
created by the landowner; and the variance, if granted, will not alter the essential character
of the locality. Economic considerations alone do not constitute a “practical difficulty”.
a. Is the property proposed to be used in a reasonable manner? The use of the property for
an above-grade outdoor dining area is reasonable.
Case no. 2020-08
Page 3
b. Is the plight of the landowner due to circumstances unique to the property? This design
configuration of this property has resulted in a multi-grade front yard which is not
common for buildings along Main Street North. This multi-grade design does not lend
well to outdoor dining.
c. Are the circumstances created by the landowner? The applicant leased the property with
the existing accessible ramp and Main Street-facing set of stairs. The design was not a
result of the current owner.
d. If granted, would the variance alter the essential character of the locality? The building
of the property to the North, the Crosby Hotel, is situated back from the front sidewalk.
The space between the hotel and the sidewalk has been constructed for outdoor dining
space.
e. Have practical difficulties been established independent of economic considerations?
Yes.
Special Use Permit
City Code Section 31-207, Special Use Permits, identifies the city may grant a Special Use
Permit or amendments when the following findings are made:
The proposed structure or use conforms to the requirements and the intent of this [Zoning]
chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Any
additional conditions necessary for the public interest have been imposed or use and/or
structure will not constitute a nuisance or be detrimental to the public welfare of the
community.
Conformance to the Zoning Code generally surrounds around whether or not the proposed use
will be compatible with its surrounding uses. Other uses in the vicinity include the Hotel Crosby
to the north and retail uses to the west and across Main Street North. Generally speaking,
outdoor dining areas have been found to be compatible with the downtown area when certain
conditions are imposed. In staff’s review of the request, the following items were determined to
be of concern:
Exterior Improvements: The existing, unpermitted improvements and proposed alterations
to the exterior of the building have been reviewed and conditionally approved by the
Heritage Preservation Commission.
Stormwater Management: The Middle St. Croix Watershed Management Organization
requires stormwater management through onsite infiltration for any creation of impervious
surface area meeting or exceeding 500 square feet. Approximately 132 square feet of
impervious surface will be created. Therefore, no stormwater mitigation will be required.
Parking: The property was credited for having 19.3 parking spaces prior to the granting of
the restaurant’s use permit. The restaurant use requires 14.2 parking spaces; the patio will
require an additional 3.6 spaces for seasonal use. The requirements for the future use are
Case no. 2020-08
Page 4
less than the former; therefore, no parking mitigation is required.
Event Security and Noise
The site will need to remain secure and adhere to City Code Section 38-3, Noise Control
and Regulation. Included in this requirement will be that the business may not have any
outdoor music, including music piped to the patio, unless an amendment to the use permit is
granted at a later date.
Comprehensive Plan Chapter 6, Downtown Stillwater Plan, identifies the following goal:
“Encourage a viable and compatible mix of community and visitor-serving activities that builds
on the assets of Downtown as a desirable placed to live, work, shop, recreate and visit consistent
with the capacity of public services and facilities and the natural resources. Promote a diverse
range of uses, a welcoming and engaging atmosphere, and unique activities and events oriented
to a range of ages and cultures”. Additionally, Chapter 7, Economic Development, identifies the
following goal: “Support business expansion in the downtown commercial district…” While the
Rusty Mile and its patio will help the city achieve these goals, this use is not uncommon in
Stillwater. Numerous outdoor patios operate in conjunction with local restaurants and bars
throughout the downtown and along Main Street. That said, the use is not in conflict with the
comprehensive plan.
Public Comment
Concern has been expressed by the Hotel Crosby regarding smoking on the patio, adjacent to
lodging rooms with operable windows and patio doors. According to the Minnesota Department
of Health, the Minnesota Clean Indoor Air Act (MCIAA) does not regulate outdoor smoking,
regardless of the distance from building openings such as doors or windows. City Code Section
52-5 has adopted the MCIAA but does not have local stipulations beyond what is found in state
law. The applicant has indicated he would not allow smoking on the patio.
POSSIBLE ACTIONS
The Planning Commission has the following options:
A. Approve the requested use permit and associated variances with the following
conditions:
1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used
in Minnesota Statue Section 462.3595.
2. Plans shall be substantially similar to those found on file with CPC Case No. 2020-
08, except as modified by the conditions herein.
3. Abutting sidewalks must be kept clean of cigarette butts and other debris.
4. No exterior amplification, pipe music, or entertainment is permitted. If these uses
are desired, an amendment to this Special Use Permit shall be obtained prior to the
activity commencing.
5. Plans and the use will need to be approved by the engineering, fire and building
officials before the issuance of a building permit.
Case no. 2020-08
Page 5
6. All changes to the approved plans will need to be reviewed and approved by the
Community Development Director. Any major changes will need to go to the
Planning Commission for review and approval.
B. Deny the requested use permit and associated variances. With a denial, findings of fact
supporting the decision must be provided.
C. Table the request for additional information.
FINDINGS AND RECOMMENDATION
As noted in the Analysis section, above, the use conforms to the standards set forth for the
granting of variances and the issuance of use permits. Therefore, staff would recommend
conditional approval of CPC Case No. 2020-08 with those conditions outlined in Alternative A,
above.
Attachments: Site Location Map
Certificate of Survey
cc: Dar Moslemi
SOUTH
SECOND
STREETSTATE
HWY
95A L L E Y
C O M M E R C IA L A V E N U ENORTH
WATER
STREETALLEYALLEYNORTH
WATER232
123
201
242
221
130
270
350350 350350350350
350350
350
350350 350350350
251
103
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218
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220
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217
102
222
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112
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350
µ
0 110 22055Feet
General Site Location
Site Location
218 Main St N
^
PARCEL 1
NORTH MA
IN
STREETS.T
.H
.
NO
.
95
J 0.1'
0.2'
0.2'PROPOSED DECKPROPOSED DECK20100
SCALE: 1 INCH = 10 FEET
NORTH
LEGEND:
All that part of Block Number Eighteen (18) of the Original Town (now City) of Stillwater,
as surveyed and platted and now of record in the office of the Register of Deeds of
Washington County, Minnesota, bounded as followed:
Locate the point of beginning in the manner flowing, to-wit: Begin at the point in the
East line of Lot No. 6 in said Block at the intersection of said East line of said Lot with a
line drawn Easterly and parallel with Myrtle Street from a point in the East line of
Second Street Eighteen (18) feet Northerly, measuring along said East line of Second
Street from the Southwest corner of said Lot No. Six (6); run thence Easterly parallel
with Myrtle Street to a point Eighty-four (84) feet West of the West line of Main Street,
which last mentioned point is the point of beginning of the tract to be described; run
thence Easterly and parallel with Myrtle Street to the West line of Main Street; thence
Northerly along said West line of Main Street to a point Four Hundred Thirty-four (434)
feet Northerly, measuring along said West line of Main Street from the North line of
Myrtle Street; thence Westerly parallel with said North line of Myrtle Street Eighty-four
(84) feet to a point; thence Southerly parallel with the East lines of lots Five (5) and Six
(6) of said Block to the point of beginning.
EXISTING LEGAL DESCRIPTION
1. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY
THE WASHINGTON COUNTY SURVEYORS OFFICE.
2. UNDERGROUND UTILITIES SHOWN PER GOPHER STATE
ONE CALL LOCATES AND AS-BUILTS PLANS PROVIDED BY
THE CITY OF STILLWATER PUBLIC WORKS DEPARTMENT.
3. THERE MAY BE SOME UNDERGROUND UTILITIES; GAS,
ELECTRIC, ETC. NOT SHOWN OR LOCATED.
SURVEY NOTES:
AREA:
CALL BEFORE YOU DIG!
TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002
Gopher State One Call
UNDERGROUND ELECTRIC
UNDERGROUND CABLE TV
UNDERGROUND FIBER OPTIC
UNDERGROUND TELEPHONE
OVERHEAD UTILITY
UNDERGROUND GAS
SANITARY SEWER
STORM SEWER
WATERMAIN
FENCE
CURB [TYPICAL]
CONTOURS
FOUND MONUMENT
SET 1/2" IRON PIPE
MARKED RLS NO. 25718
CABLE TV PEDESTAL
AIR CONDITIONER
ELECTRIC MANHOLE
ELECTRIC METER
ELECTRIC PEDESTAL
ELECTRIC TRANSFORMER
LIGHT POLE
GUY WIRE
POWER POLE
GAS MANHOLE
GAS METER
TELEPHONE MANHOLE
TELEPHONE PEDESTAL
SANITARY CLEANOUT
SANITARY MANHOLE
CATCH BASIN
STORM DRAIN
FLARED END SECTION
STORM MANHOLE
FIRE DEPT. CONNECTION
HYDRANT
CURB STOP
WATER WELL
WATER MANHOLE
WATER METER
POST INDICATOR VALVE
WATER VALVE
BOLLARD
FLAG POLE
MAIL BOX
TRAFFIC SIGN
UNKNOWN MANHOLE
SOIL BORING
SPOT ELEVATION
TRAFFIC SIGNAL
CONIFEROUS TREE
DECIDUOUS TREE
CONTACT:
Dariush Moslemi
Rusty Mile LLC
702 4th St N
Stillwater, MN. 55082
<danthony79@gmail.com>
VICINITY MAP
LC19078
SURVLC78
CERTIFICATE OF
SURVEY
COUNTY/CITY:
REVISIONS:
PROJECT LOCATION:
LAND SURVEYING, INC.
CORNERSTONE
DATE REVISION
PROJECT NO.
FILE NAME
218
NORTH MAIN ST.
CITY OF
STILLWATER
WASHINGTON
COUNTY
NORTH(NOT TO SCALE)
2-17-20 ISSUED
PID#2803020140045
Suite #200
1970 Northwestern Ave.
Stillwater, MN 55082
Phone 651.275.8969
dan@cssurvey
.net
CERTIFICATION:
I hereby certify that this plan was prepared by
me, or under my direct supervision, and that I am
a duly Licensed Land Surveyor under the laws of
the state of Minnesota.
Daniel L. Thurmes Registration Number: 25718
Date:__________________2-17-20
4,510 SQ. FT. MORE OR LESS
Rusty Mile
SUP and setback variances for
Restaurant patio
Rusty Mile
SUP and setback variances for
Restaurant patio
PLANNING REPORT
TO: Planning Commission CASE NO. 2019-25
REPORT DATE: February 19, 2020
MEETING DATE: February 26, 2020
APPLICANT: City of Stillwater
REQUEST: Zoning text amendment (ZAT) revising sign regulations
REPORT BY: Bill Turnblad, Community Development Director
REVIEWED BY: Abbi Wittman, City Planner
Graham Tait, Zoning Administrator
Kori Land, City Attorney
INTRODUCTION
The sign regulations found in the Zoning Chapter of the City Code are in need of revision for several
reasons. First, US Supreme Court cases over the years have refined first amendment free speech law that
applies to signage and that needs to be reflected in our sign regulations. Second, electronic signage has
evolved dramatically over the last several decades and the City has received requests to allow the new
technology to be incorporated into its sign code. And third, institutional signage has been largely ignored
by the City Code and needs to be addressed.
Therefore, the City Attorney and City planning staff have drafted a zoning chapter amendment to address
these issues. We have also taken the opportunity to re-organize the sign code so it flows more logically
and is more understandable.
SPECIFIC REQUEST
Review and forward to the City Council a recommendation to adopt the attached draft ordinance that will
revise the Sign Code Section (Section 509) of the City Code’s Zoning Chapter (Chapter 31).
ANALYSIS
The great majority of Section 509 would remain the same. The changes that are proposed are highlighted
here.
1. Free speech law. Content neutrality has been addressed throughout the sign code, as well as
commercial free-speech law refinements as they apply to signage.
2. Electronic signage. Electronic message center signage (aka. digital signage) is proposed to be added
and would be allowed in the BP-C Zoning District on larger properties that abut Highway 36. They
Case 2019-25
Page 2
would also be allowed under specific circumstances in the institutional PA and PROS Zoning
Districts.
a. An electronic message center is defined as a portion of a freestanding sign that is capable of
displaying words, symbols, figures or images that electronically change by remote or
automatic means.
b. Only one would be allowed per lot or multi-tenant building.
c. It must be an integral part of a freestanding sign, not wall mounted.
d. The display of an electronic message center would not be permitted to change more than once
every twenty seconds. This standard was developed by the International Sign Association to
address driver distraction.
e. The size of the electronic message center will be limited to fifty percent of the freestanding
sign’s total allowable area. Limiting the size of the digital display reduces driver distraction
and the annoyance/light pollution of large back lit displays.
i. A freestanding sign in the BP-C District, for example, could have 100 or 120 square
feet of signage, depending upon the size
of the multitenant building it is
associated with. So, the maximum size
of a digital display would be 50 or 60
square feet respectively.
ii. The Valley Ridge Mall has a 110 square
foot freestanding sign and they would
like to incorporate a digital display into it
so they can rotate weekly or monthly the
names of tenants that cannot fit on the
static sign panels. Now they do this by
temporarily hanging a banner under the
sign panels. If these sign changes are
adopted, two of their three current tenant
panels could be converted to an
electronic message center, and the
banner would be removed.
iii. The freestanding sign at the Pizza Ranch in Oak Park Heights (seen below) is another
example of what could be allowed as an electronic message center according to the
new standards.
f. Regulations for the electronic message center
require either functional automatic dimming
capabilities that adjust the brightness to ambient
light at all times of the day and night; or the
illumination will not be allowed to exceed 0.3
footcandles over ambient lighting conditions
when measured seventy-one feet from the sign1.
g. No off-premises electronic message centers are
allowed.
h. All other applicable sign regulations found in
Section 31-509 must be met.
i. In the BP-C Zoning District they would be permitted on the properties abutting State
Highway 36 between Industrial Boulevard and Market Drive. This segment of the 36
1 Regulations developed by the International Sign Association (an independent sign research institution founded in
1944 and based in Alexandria, VA).
Case 2019-25
Page 3
corridor has somewhat larger properties than the rest of the Stillwater side of Hwy 36, and
these properties tend to have multitenant buildings. Note that the former Herberger’s site is
included in the list of properties that would be allowed to have an electronic message center,
but it is technically separated from the highway and its frontage road by a stormwater pond
owned by the City.
j. In the PA and PROS zoning districts, electronic message centers could be incorporated into
institutional signs if:
i. In the PROS Zoning District the electronic message center is permitted only if it is
located on a property with a recreation center or a multiple use park building; and
ii. In the PA Zoning District an electronic message center is permitted only if there is
no direct line of sight from a residentially zoned property to the graphic display
area.
Properties where Electronic Message Centers would be allowed: shown in light grey stripes
3. Institutional signage. The third major reason for the code amendment is to be consistent about
institutional signage. Currently the code allows an institution (church, school, hospital, governmental
agency) to have a 32 square foot “bulletin board” in residential zoning districts. But, a bulletin board
is not defined. So, by policy we permit one 32 square foot wall mounted or freestanding sign per
institution in a residential zoning district. However, oddly enough, institutional signage is not
allowed in the institutional PA and PROS Zoning Districts. So, the amendment proposes to allow
institutional signage as follows:
Case 2019-25
Page 4
a. In Residential Zoning Districts, one 32 sf wall mounted or freestanding sign is allowed.
Only non-electronic message centers are allowed.
b. In the PA and PROS Zoning Districts, one 32 square foot wall mounted or freestanding
sign is allowed. In these zoning districts, the institutional sign could be an electronic
message center if the conditions explained in 2(j) above are met. Otherwise, the message
center would have to be non-electronic.
4. Miscellaneous changes.
a. Temporary signs. This section has been updated to reflect how temporary signs are actually
being regulated today.
b. Substitution clause. New language is proposed to allow substituting new text for text in an
existing permitted sign without City review.
c. Several definitions have been added, or completely rewritten.
i. Electronic message center
ii. Institutional sign
iii. Marquee
iv. Non-electric message center
v. Projection Sign
vi. Public Sign
vii. Roof Sign
viii. Sign
ix. Wall Sign
d. An allowable signage table was created that shows which signs are allowed in each zoning
district.
i. This table does not create revised regulations. It simply summarizes regulations in one
table.
ii. The entire body of sign regulations has been re-organized for better flow and ease of
use.
iii. Rummage/garage sale signage performance standards have been moved to Ch 31-505,
Miscellaneous Residential Standards.
POSSIBLE ACTIONS
The Planning Commission has the following options:
A. Recommend that the City Council approve the ordinance amendment, with or without revisions.
B. Recommend denial of the ordinance amendment.
C. Table the request for additional information.
Attachment: Draft ordinance
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ORDINANCE NO._________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-101
REGARDING ZONING DEFINITIONS, AMENDING CHAPTER 31-509 REGARDING
SIGN REGULATIONS, AND ENACTING CHAPTER 31-505, SUBD. 3 REGARDING
GARAGE SALE SIGNAGE
The City Council of Stillwater does ordain:
SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the
Zoning Definitions is hereby amended by adding the following definitions, which shall be
incorporated alphabetically, and the entire section renumbered accordingly:
Sec. 31-101. – Definitions.
Abandoned sign means any sign and/or its supporting sign structure and appurtenances which
remains without a message or whose display surface remains blank for a period of one (1) year
or more, or any sign which pertains to a time, event or purpose which no longer applies, shall
be deemed to have been abandoned. Sign applicable to a business temporarily suspended
because of a change in ownership or management of such business shall not be deemed
abandoned unless the property remains vacant for a period of one (1) year or more. If an
abandoned sign remains in good condition and without holes or other evidence of disrepair or
damage, the sign shall not be considered abandoned for a period of up to one (1) year, after
which time, it must be removed.
Awning means a roof-like cover, often of fabric, plastic, metal or glass designed and intended
for protection from the weather or as a decorative embellishment, and which projects from a
wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning
which also projects over a door shall be considered an awning.
Building sign means any sign attached or supported by any structure used or intended for
supporting or sheltering any use or occupancy.
Commercial speech means any speech promoting a business, profession, commodity, service,
or entertainment.
Commercial sign means any sign that promotes or identifies a product, business, service,
entertainment, or any other matter of a commercial nature.
Digital sign. See definition of electronic message center.
Directory sign means a sign used to guide pedestrians, but not vehicles, to individual
businesses within a multitenant commercial area that is placed on the site of the development
and may be erected only in internal pedestrian access areas.
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Electronic Message Center means a portion of a freestanding sign that is capable of displaying
words, symbols, figures or images that electronically change by remote or automatic means.
Footcandle means a measure of illumination on a surface that is one foot from a uniform source
of light of one candle and equal to one lumen per square foot.
Garage sale sign means a temporary sign promoting a garage or rummage sale.
Institutional Sign means a sign identifying a church, school, hospital, government or similar
type institution.
Marquee means any permanent roof-like structure projecting beyond a building or extending
along and projecting beyond the wall of that building, generally designed and constructed to
provide protection from the weather.
Monument sign means a sign not supported by exposed posts or poles which is architecturally
designed and located directly at grade with a base at least as wide as the sign.
Multitenant master sign means an on-premise sign identifying multiple tenants in a single
building.
Non-commercial sign means a sign for a non-commercial expression not related to the
promotion of any product or service or the identification of any business.
Non-commercial speech means the dissemination of messages not classified as commercial
speech that include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics.
Non-Electronic Message Center means a sign or portion thereof that has a readerboard for the
display of text information in which each alphanumeric character, graphic or symbol is defined
by objects, not consisting of an illumination device, that may be changed or re-arranged
manually or mechanically with characters, letters or illustrations that can be changed or
rearranged without altering the face or the surface of the sign.
Off-Premises sign means a sign normally used for promoting an interest other than that of a
business, individual, products, or services available on the premises where the sign is located.
SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-101 relating to the
Zoning Definitions is hereby amended by revising the following definitions to read as:
Billboard means a non-accessory sign erected for the purpose of promoting a product, event,
person or subject no usually related to the premises on which the sign is located.
Building sign plan means an illustration that shows size, location, materials and lighting for all
signs on a building or group of related buildings.
Construction sign means a temporary sign at a construction site identifying the project.
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Freestanding sign means any sign which has supporting framework that is placed on or
anchored in the ground and which is independent from any building or other structure.
Historic sign means a sign that is of historical significance or that is an historic resource within
the meaning of Minn. Stat. Ch. 116B.
Illuminated sign means any sign that contains an element designed to emanate artificial light
internally or externally.
Marquee sign means any building sign painted, mounted, constructed or attached in any
manner, on a marquee.
Political Non-commercial sign means a sign designed for the purpose of supporting or
opposing a candidate, proposition or other measure at an.
Portable sign means a sign which is manifestly designed to be transported, including by trailer
or on its own wheels, even though the wheels of such sign may be removed, and the remaining
chassis or support is converted to another sign or attached temporarily or permanently to the
ground since this characteristic is based on the design of such a sign.
Projecting sign means a sign which is affixed to a building or wall in such a manner that its
leading edge extends more than one (1) foot beyond the surface of such building or wall face.
Public sign means a sign usually erected and maintained by a public agency that provides the
public with information and in no way relates to a commercial activity. Examples of public
signs include, but are not limited to, speed limit signs, stop signs, city limit signs, street name
signs, directional signs, and historic points of interest.
Real estate development sign means a sign intended to sell or promote a development project.
Real estate sign means a sign placed upon a property to promote that property for sale, rent or
lease.
Roof sign means a sign erected and constructed wholly or in part on or above the parapet or
eave line of a building.
Sign means a letter, work or symbol, poster, picture, statuary, reading matter or representation
in the nature of advertisement, promotion, announcement, message or visual communication,
whether painted, posted, printed, affixed or constructed, including all associated brackets,
braces, supports, wires and structures, which is displayed for information or communicative
purposes.
Sign structure means the structure including the supports, uprights, bracing and framework
which supports or is capable of supporting any sign.
Wall sign means a building sign attached parallel to, but within one (1) foot of a wall, painted
on the wall surface of, or erected and confined within the limits of an outside wall of any
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building or structure, which is supported by such wall or building, and which displays only one
(1) sign surface.
Window sign means a building sign, pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that
is placed inside a window or upon the window panes of glass and is visible from the exterior
of the window.
SECTION 3. REPEAL AND REPLACE. Stillwater City Code Chapter 31-509 relating
to the Sign Regulations is hereby repealed and replaced as follows:
Sec. 31-509. – Sign regulations.
Subd. 1. Findings. As a historic community, this city is unique. The proper control of signs is
of particular importance because of this historical quality and uniqueness. The city’s zoning
regulations have included the regulation of signs in an effort to provide adequate means of
expression and to promote the economic viability of the business community, while protecting the
city and its citizens from a proliferation of signs of a type, size, location and character that would
adversely impact upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within the city has had a
positive impact on traffic safety and the appearance of the community. Further, the city finds:
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a variety
of messages.
(c) Signs can create traffic hazards, aesthetic concerns and detriments to property values,
thereby threatening the public health, safety and welfare.
Subd. 2. Purpose. It is not the purpose or intent of this sign ordinance to regulate the message
displayed on any sign; nor is it the purpose or intent of this section to regulate any building design
or any display not defined as a sign, or any sign which cannot be viewed from outside a building.
The purpose and intent of this section is to:
(a) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety,
and welfare.
(b) Maintain, enhance and improve the aesthetic environment of the city by preventing
visual clutter that is harmful to the appearance of the community.
(c) Improve the visual appearance of the city while providing for effective means of
communication, consistent with constitutional guarantees and the city’s goals of
public safety and aesthetics.
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(d) Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the city.
Subd. 3. Severability. If any section, subsection, sentence, clause, or phrase of this sign
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this sign ordinance. The City Council hereby declares that it would have
adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentence, clauses, or phrases be declared
invalid.
Subd. 4. Substitution Clause. Signs containing non-commercial speech are permitted anywhere
that signs containing commercial speech are permitted, subject to the same regulations applicable
to such signs. Any sign containing commercial speech may substitute non-commercial speech; any
sign containing non-commercial speech may substitute commercial speech or other non-
commercial speech; any sign containing commercial speech may substitute other commercial
speech. This substitution of speech may be made without any additional approval or permitting.
The purpose of this provision is to prevent any inadvertent favoring of commercial speech over
non-commercial speech or favoring of any particular non-commercial message over any other non-
commercial message. This provision prevails over any more specific provision to the contrary.
Subd. 5. Permit Required.
(a) Unless exempted pursuant to Subdivision 7, no person shall erect, alter, reconstruct,
maintain or move a sign in the city without first obtaining a permit from the city. The
content of the sign shall not be reviewed or considered in determining whether to
approve or deny a sign permit. An application for a permit may be obtained from the
community development director or designee. The application must be accompanied
by the required fee and must contain the following information:
(1) Street address or location of the property on which the sign is to be located
along with the name and signature of the owner of the building;
(2) Name, address and signature of the owner of the sign;
(3) Name, address and phone number of the sign installation contractor;
(4) The type of sign as defined in this ordinance;
(5) A complete set of plans and scaled drawings showing the materials, design,
dimensions, structural supports, method of attachment, internal and external
lighting and electrical components of the sign;
(6) A site plan showing the location of the proposed sign with dimensions to all
adjacent lot lines;
(7) An approved building sign plan, if there is more than one business or use in a
building;
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(8) Certification by applicant indicating the application complies with all
requirements of the sign code.
(b) The community development director or designee shall approve or deny the sign
permit within sixty (60) days following receipt of the completed application,
including applicable fee. A decision must be made in writing and must be mailed or
electronically delivered to the applicant at the address or email address provided in
the application. If the permit is denied, the reason must be stated in writing and
describe the applicant’s appeal rights under Section 31-217 and must be sent by
certified mail to the applicant.
Subd. 6. General Provisions.
(a) The following provisions apply to signs located in all zoning districts:
(1) All signs must comply with any applicable design guidelines and
neighborhood plans adopted by the City of Stillwater and must meet all the
size, location and height standards as required in Section 31-509.
(2) Repairs. Any sign located in the city which may now be or become out of
order, rotten or unsafe, and every sign which shall hereafter be erected,
altered, resurfaced, reconstructed or moved contrary to the provisions in this
section, shall be removed or otherwise properly secured in accordance with
the terms of this ordinance by the property owners, business owners or by the
owners of the grounds on which the sign stands, upon receipt of proper notice
to do so, given by the community development director or designee. No rotten
or other unsafe sign shall be repaired or rebuilt except in accordance with the
provisions of this ordinance and upon a permit issued by the community
development director or designee.
(3) Electrical Signs. Electrical signs must be installed in accordance with the
current state electrical code.
(4) Placement.
i. No sign or sign structure may be erected or maintained if it prevents free
ingress or egress from any door, window or fire escape. No sign may be
attached to a standpipe or fire escape.
ii. A sign must not be erected, positioned, or maintained so as to obstruct
the architectural features of a building.
iii. All signs must be compatible with the building and neighborhood where
located, including any approved building sign plan.
(5) Temporary Signs. The use of banners, pennants and similar devices for
commercial, industrial and institutional uses shall be subject to the following
provisions:
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i. Temporary signs shall require a permit that shall be valid for no more
than thirty (30) days.
ii. Not more than one (1) temporary sign shall be displayed upon a property
at any one time.
iii. Not more than three (3) temporary sign permits, or up to three (3)
temporary signs for a total of not more than ninety (90) days, shall be
issued during any calendar year.
iv. The size of a temporary sign shall not exceed the maximum size allowed
for a similar type of permanent sign allowed on the property.
v. Free-standing or movable temporary signs shall adhere to any setbacks
required for similar permanent signage on the property.
vi. The temporary sign shall be in harmony, as determined by the
community development director or designee, with the surrounding
properties and the neighborhood in which it will be displayed.
vii. Notwithstanding the foregoing, temporary signs that do not conform to
the requirements of this section may be approved by the City Council as
part of an event permit, however, all temporary signs must be removed
within two (2) days after the event.
(6) Maintenance. All signs must be maintained in a safe, presentable and good
structural condition at all times, including the replacement of defective parts,
cleaning and other items required for maintenance of the sign. Vegetation
around, in front of, behind, and underneath the base of ground signs for a
distance of ten (10) feet must be neatly trimmed and free of weeds. Rubbish
or debris under or near the sign must be removed.
(7) Signs on Public Property or Right-of-Way.
i. Except for public signs, signs approved by the City Council pursuant to
an event permit, and signs allowed by encroachment agreement, no
signs may be erected or temporarily placed within any right-of-way,
upon public lands or easements without approval from the community
development director or designee.
ii. The city may at any time and without notice remove signs which have
been installed on public property or within public right-of-way or
easement without approval. The sign owner may retrieve the signs: from
a designated impound area at the city within fifteen (15) days from the
date of removal. After fifteen (15) days, the city will dispose of the sign.
The city shall not be liable for any damage to removed signs.
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iii. The city may grant a permit to locate temporary signs or decorations on,
over or within the right-of-way.
(8) Flags. Non-Commercial flags may be displayed in accordance with state and
federal law. No more than three (3) non-commercial flags may be displayed
outside of a building.
(9) Historic sign. The requirements of size, location and height in Section 31-509
may be waived by the City Council if the sign is an historic resource or if the
sign is a reproduction of an historic sign.
(10) Graphic design signs. Graphic design signs require a conditional use permit.
(11) Table 1 identifies where various types of signs are allowed and whether the
sign is required to have a permit:
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Subd. 7. Exemptions. The following signs shall not require a permit and are allowed in every
zoning district. These exemptions, however, shall not be construed as relieving the owner of the
sign from the responsibility of its erection, maintenance and compliance with the other provisions
of Section 31-509 or any other law or ordinance regulating the same.
(a) Public signs and integral signs.
(b) Non-Commercial Signs.
(1) In any general election year, all non-commercial signs are exempt from
regulation and may be posted in any size or in any number beginning 46 days
before the state primary in a state general election year until ten (10) days
following the general election and thirteen (13) weeks prior to any special
election until ten (10) days following the special election.
(2) A political, non-commercial sign outside the exemption period outlined in
Subdivision 7(b)(1) of 31-509, is regulated as follows:
i. Residential and CA districts: the maximum sign size is six (6) square
feet in area with a maximum height of four (4) feet.
ii. All other districts: the maximum size is thirty-five (35) square feet in
area.
(c) Construction signs. A construction sign must be confined to the construction site and
must be removed within two (2) years of the date of issuance of the first building
permit or upon completion of the project, whichever occurs first. One construction
sign is permitted for each street the project abuts. No sign may exceed thirty-two (32)
square feet in multifamily residential, commercial and industrial districts and twelve
(12) square feet in single-family residential districts.
(d) Real estate signs.
(1) A real estate sign is limited to up to six (6) square feet in residential districts
and up to thirty-two (32) square feet in commercial districts. A real estate sign
must be removed within ten (10) days after sale or rental of property.
(2) Temporary real estate “open house” signs, provided that:
i. The sign is not placed in a manner that creates a nuisance to adjacent
owners, does not create a safety hazard or block the view of entrances
to streets or intersections.
ii. The sign is placed one-half hour before the open house and is removed
each day immediately after the open house closes.
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iii. A maximum of four (4) signs in a residential zoning district are allowed
for each open house and are limited to a four-block radius of the open
house.
iv. The sign must not exceed six (6) square feet.
(3) Real estate development project sign. For a development project of up to 25
acres, one sign not to exceed one hundred (100) square feet of sign surface
may be erected on the project site. For projects of 26-50 acres, one or two
signs not to exceed two hundred (200) aggregated square feet of sign surface
may be erected. For projects over fifty (50) acres, up to three signs not to
exceed three hundred (300) aggregate square feet of sign surface may be
erected. No dimension shall exceed twenty-five (25) feet exclusive of
supporting structures. The sign may not remain after 95% of the project is
developed. The sign must be bordered with a decorative material compatible
with the surrounding area. If the signs are lit, they must be illuminated only
during those hours when business is in operation or when the model homes
or other development is open for conducting business.
(e) Nameplate sign.
(1) A nameplate sign must be placed on a wall of the structure not exceeding two
(2) square feet in area per structure. A nameplate sign shall not be constructed
as to have more than two (2) surfaces.
(2) A single nameplate sign must be placed on a wall of the structure for each
dwelling group of six (6) or more units. The nameplate sign may not exceed
six (6) square feet in area per surface and may not be constructed as to have
more than two (2) surfaces.
(f) Window sign. A window sign, which cannot cover more than one-third of the total
area of the window in which the sign is displayed.
(g) Garage and rummage sale signs, provided they comply with Section 31-505, Subd.
3.
Subd. 8. Prohibited Signs. The following signs are prohibited in all zoning districts:
(a) Abandoned signs.
(b) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or emergency
vehicle signs, or which attempts to direct movement of traffic or which hides from
view or interferes with the effectiveness of any official traffic control device or any
railroad sign or signal.
(c) Any sign that obstructs the vision of drivers or pedestrians or detracts from the
visibility of any official traffic control device.
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(d) Off-premises commercial signs.
(e) Billboard signs.
(f) Any sign that moves or rotates, except barber poles and permitted electronic message
centers.
(g) Signs that display any moving parts, are illuminated with any flashing or intermittent
lights or are animated, except electronic message centers. All displays must be
shielded to prevent any light from impairing the vision of any driver. No device may
be illuminated to obscure an official traffic sign or signal, including indoor signs
which are visible from public streets.
(h) Roof signs.
(i) Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners
or similar devices, except where used for noncommercial purposes or as part of an
approved sign application.
(j) Portable signs including signs with wheels removed, attached temporarily or
permanently to the ground.
(k) Signs mounted on a vehicle for promotional 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.
(l) Signs painted, attached or in any other manner affixed to trees, rocks, or similar
natural surfaces, directly on building walls, or attached to public utility poles,
telephone cables or wires, bridges, towers, or similar public structures or the supports
thereof.
(m) Illuminated signs or spotlights giving off an intermittent or rotating beam.
(n) Revolving beacons, beamed lights or similar devices.
(o) Hot air, gas filled or inflated objects used for commercial speech.
(p) Signs supported by guy wires.
(q) Signs in a state of disrepair.
Subd. 9. Specific Regulations by Zoning District. In addition to the signs allowed in
Subdivision 7 of 31-509, the following signs shall be allowed within the specific zoning districts:
(a) Central Business and General Commercial Districts. All signs in the CBD-central
business or CA-general commercial districts are subject to the following
requirements:
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(1) General regulations:
i. In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, only one (1) wall, monument, awning, canopy
or three-dimensional sign is allowed per business within the CA-general
commercial district. When a building or business abuts two or more
public streets and/or public alleys, one (1) sign is allowed on each street
building face.
ii. In addition to the signs allowed without a permit pursuant to
Subdivision 8 of 31-509, two (2) signs are allowed per business within
the CBD-central business district. The two (2) allowed signs must be
one (1) wall sign and either a three-dimensional sign or a projecting
sign.
iii. All signs in the CBD-central business district must meet the downtown
design guidelines for signs.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The total building signage may have an aggregate area not exceeding
one (1) square foot for each foot of building face parallel or substantially
parallel to a street lot line.
ii. It must not project more than twelve (12) inches from the wall to which
the sign is affixed.
iii. It must not project higher than the parapet or eave line of the wall to
which the sign is affixed or fifteen (15) feet as measured from the base
of the building wall to which the sign is affixed, whichever is less.
iv. Externally illuminated letters are allowed, but no internally illuminated
signs are allowed.
v. Where a principal building is devoted to two (2) or more permitted uses,
the operator of each use may install a wall sign for its use consistent
with a building sign plan approved by the City. The total gross signage
for the entire building may not exceed one (1) square foot for each foot
of the building face parallel, or substantially parallel, to a street lot line
with a maximum of twenty-five (25) square feet per business.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The area of a monument or freestanding sign may not exceed thirty (30)
square feet.
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ii. A monument or freestanding sign may be located in any required yard
but must have a setback of fifteen (15) feet from any point of vehicular
access, public roadway and property line.
iii. A monument or freestanding sign may not project higher than six (6)
feet, as measured from the base of the sign or grade of the nearest
roadway, whichever height is less.
iv. The area around a monument or freestanding sign must be landscaped.
v. Externally illuminated letters are allowed, but no internally illuminated
signs are allowed.
vi. Pedestrian and vehicular sight lines must not be blocked.
(4) Awning or canopy signs. Awning or canopy signs shall meet the following
requirements:
i. The gross surface area of an awning or canopy sign may not exceed fifty
(50) percent of the gross surface area of the smallest face of the awning
or canopy to which the sign is affixed.
ii. An awning or canopy sign may not project higher than the top of the
awning or canopy or below the awning or canopy.
(5) Three-dimensional signs. The total area of a three-dimensional sign is
determined by enclosing the largest cross section of the sign in an easily
recognized geometric shape and computing its area, which may not exceed
nine (9) square feet.
(6) Projecting sign. A projecting sign shall meet the following requirements:
i. The total area of a projecting sign may not exceed six (6) square feet.
ii. It must be easily visible from the sidewalk and not be a hazard to
pedestrians.
iii. If lighted, the sign must be externally illuminated.
iv. The bottom of the sign and bracket must be at least eight (8) feet above
sidewalk grade.
(b) Business Park Districts. All signs in the BP-O, BP-C and BP-I districts are subject to
the following requirements:
(1) General regulations: In addition to the signs allowed without a permit
pursuant to Subdivision 8 of 31-509, a property may have one (1) freestanding
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sign, one (1) wall sign per business, and as many awning, canopy, marque, or
multitenant master signs as provided in subdivision 10(b)(5) of 31-509.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign may not exceed one (1) square foot
for each foot of building, parallel or substantially parallel to the front lot
line.
ii. It must be located on the outermost wall of any principal building but
may not project more than twelve (12) inches from the wall to which
the sign is affixed.
iii. It must not project higher than the parapet line of the wall to which the
sign is affixed or twenty (20) feet as measured from the base of the
building wall to which the sign is affixed, whichever height is less.
iv. Where a principal building is devoted to two (2) or more uses, the
operator of each use may install a wall sign for its use consistent with a
building sign plan approved by the City. The total gross signage for the
entire building shall not exceed one (1) square foot for each foot of
building face parallel, or substantially parallel, to a street lot line or a
minimum of twenty-five (25) square feet per business, whichever is
more.
v. Only one (1) wall sign per building face is allowed.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The gross surface area of a freestanding sign may not exceed one
hundred (100) square feet for each exposed face nor exceed an aggregate
gross surface area of two hundred (200) square feet.
ii. A freestanding sign must be set back fifteen (15) feet from the front or
side property line.
iii. Along State Highway 36, freestanding signs may not project higher than
twenty-five (25) feet. Along County Road 5 from Highway 36 to
Croixwood Boulevard and South Greely from Orleans to Highway 36
freestanding signs may not project higher than twenty (20) feet. In all
other locations, a freestanding sign may not project higher than six (6)
feet. Signs shall be measured from the base of the sign or grade of the
nearest adjacent roadway, whichever height is less.
iv. There may be one (1) freestanding sign per development site.
(4) Awning, canopy or marquee signs. Awning, canopy or marquee signs shall
meet the following requirements:
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i. The gross surface area of an awning, canopy or marquee sign may not
exceed fifty (50) percent of the gross surface area of the awning, canopy
or marquee to which the sign is affixed.
ii. A sign may be affixed to or located upon any awning or marquee.
iii. An awning, canopy or marquee sign may not project higher than the top
of the awning or marquee to which the sign is affixed.
(5) Multitenant master sign. Each multitenant or multi-use building is permitted
one (1) building master identification sign which meets the following
requirements:
i. If the multitenant commercial building has a floor area of 40,000 square
feet or less, the building may have a freestanding sign with a maximum
of one (1) square foot for each five (5) feet of building frontage or forty
(40) square feet maximum with a maximum height of eight (8) feet.
ii. If the multitenant commercial building has a floor area greater than
40,000 square feet, but less than the 100,000 square feet, the entry may
have a master identification sign with a maximum of seventy-five (75)
square feet on each side and with a maximum height of twenty (20) feet.
iii. If the multitenant commercial building has a floor area greater than
100,000 square feet, the building may have a master identification sign
with a maximum of one hundred and twenty (120) square feet on each
side and with a maximum height of twenty-five (25) feet.
(c) PA, PROS and PWFD Districts. All signs in the PA, PROS and PWFD districts are
subject to the following requirements:
(1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of
31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed
for each facility.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign may not exceed one (1) square foot
for each foot of building, parallel or substantially parallel to the front lot
line.
ii. It must not project higher than the parapet or eave line of the wall to
which the sign if affixed.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
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i. The gross surface area of any side of a freestanding sign must not exceed
120 square feet.
ii. It must be set back fifteen (15) feet from the front or side property line.
iii. Along State Highway 36, freestanding signs must not project higher
than twenty-five (25) feet. In all other locations, a freestanding sign
must not project higher than twenty (20) feet. Signs shall be measured
from base of the sign or grade of the nearest adjacent roadway,
whichever height is less.
(d) Village Commercial. All signs in the VC-Village Commercial district are subject to
the following requirements:
(1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of
31-509, one (1) other sign is allowed per business. It may be a wall,
monument, awning or canopy sign. When a building or business abuts two
(2) or more public streets, one (1) sign is allowed on each street building face.
(2) All signs in the VC-Village Commercial district must meet the approved
Liberty Village design guidelines for signage.
(3) Wall signs. Wall signs must meet the following requirements:
i. 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.
ii. It must be located on the outermost wall of any principal building but
may not project more than twelve (12) inches from the wall to which
the sign is affixed. The location and arrangement of all wall signs is
subject to the review and approval of the community development
director or designee.
iii. It must not project higher than the parapet line of the wall to which the
sign is affixed or twenty (20) feet as measured from the base of the
building wall to which the sign is affixed, whichever height is less.
iv. Where a principal building is devoted to two (2) or more uses, the
operator of each use may install a wall sign upon each share of the
building. The signs are subject to the following restrictions:
a. All signs must be visually consistent in location, design and scale.
b. The total gross signage for the entire building shall not exceed one
(1) square foot for each foot of building face parallel, or
substantially parallel, to a street lot line or a minimum of twenty-
five (25) square feet per business, whichever is more.
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(4) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The gross surface area of a freestanding sign may not exceed one
hundred (100) square feet for each exposed face nor exceed an aggregate
gross surface area of two hundred (200) square feet.
ii. A freestanding sign must be set back fifteen (15) feet from the front or
side property line.
iii. It shall not be higher than twenty (20) feet measured from the base of
the sign or grade of the nearest adjacent roadway, whichever height is
less.
iv. There may be one (1) freestanding sign per development site.
(5) Awning or marquee signs. Awning or marquee signs shall meet the following
requirements:
i. The gross surface area of an awning or marquee sign must not exceed
fifty (50) percent of the gross surface area of the awning, canopy or
marquee to which the sign is affixed.
ii. A sign may be affixed to or located upon any awning or marquee.
iii. An awning or canopy sign may not project higher than the top of the
awning or marquee to which the sign is affixed.
(6) Multitenant master sign. Each multitenant or multi-use building is permitted
one (1) building master identification sign which meets the following
requirements:
i. Building master identification signs must not contain the names of any
tenants or occupants of the center.
ii. The multitenant commercial building may have a freestanding sign with
a maximum of one (1) square foot of sign for each five (5) feet of
building frontage or forty (40) square feet maximum with a maximum
height of eight (8) feet.
(7) Projecting sign. A projecting sign shall meet the following requirements:
i. The total area of a projecting sign must not exceed six (6) square feet.
ii. It must be easily visible from the sidewalk and not be a hazard to
pedestrians.
iii. If lighted, projecting signs must be externally illuminated.
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(8) Total allowable sign area. The total aggregate sign area allowed on a property
for all signs permitted in subparts (d) through (g) above shall be as follows:
i. A minimum of one hundred (100) square feet; and at a rate of one (1)
square foot of signage for each lineal foot of the building wall facing a
public street, up to a maximum of three hundred (300) square feet.
ii. When a building faces two (2) or more public streets, the building wall
area shall be determined by adding the wall area of each building wall
that faces a public street and dividing by the number of public streets
the building faces.
(e) CRD, Campus Research and Development Districts. All signs in the CRD, Campus
Research and Development districts are subject to the following requirements:
(1) In addition to the signs allowed without a permit pursuant to Subdivision 8 of
31-509, one (1) freestanding sign and one (1) wall mounted sign are allowed
for each facility. However, if the facility is large or consists of several
buildings, additional signs may be allowed with a conditional use permit.
(2) Wall signs. Wall signs shall meet the following requirements:
i. The gross surface area of a wall sign must not exceed one (1) square
foot for each foot of building, parallel or substantially parallel to the
front lot line.
ii. It must not project higher than the parapet or eave line of the wall to
which the sign if affixed.
(3) Freestanding signs. Freestanding signs shall meet the following requirements:
i. The gross surface area of any side of a freestanding sign must not exceed
120 square feet.
ii. It must be set back fifteen (15) feet from the front or side property line.
iii. Along State Highway 36, freestanding signs must not project higher
than twenty-five (25) feet. In all other locations, a freestanding sign may
not project higher than twenty (20) feet. Signs shall be measured from
base of the sign or grade of the nearest adjacent roadway, whichever
height is less.
Subd. 10. Directory Signs. Directory signs are used to guide pedestrians to individual
businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts.
The sign area used in directory signs shall not be calculated against the total allowable sign area.
Directory signs in the permitted zoning districts shall meet the following requirements:
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(a) It must be placed on the site of the development and may be erected only in internal
pedestrian access areas and not in vehicle access areas.
(b) It must have a maximum area of one (1) square foot for each business listed on the
sign and four (4) square feet for the name of the building or complex.
(c) It may be freestanding but must not exceed six and one-half (6 ½) feet in height.
(d) It must only be used for directions and identification.
Subd. 11. Electronic Message Centers. Except as provided in (h), an electronic message center
is allowed if it meets all of the following requirements:
(a) Located only on property zoned PA, PROS or BP-C as specified below:
(1) In the BP-C Zoning District an electronic message center must only be
located along State Highway 36 in the following corridor of properties listed
below and depicted on Map 1:
i. Properties abutting 60th Street North between South Greeley Street and
South Holcombe Street; and
ii. Properties abutting West Frontage Road between South Greeley Street
and Market Drive; and
iii. Property at 2001-2011 Washington Avenue; and
iv. Properties abutting Market Drive between West Frontage Road and
Curve Crest Boulevard.
(2) In the PROS Zoning District an electronic message center is permitted, but
only if it is located on a property with a recreation center or a multiple use
park building.
(3) In the PA Zoning District an electronic message center is permitted if there
is no direct line of sight from a residentially zoned property in Stillwater to
the display area of the electronic message center. If there is a direct line of
sight, then any message center must be a non-electronic message center not
an electronic message center.
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MAP 1
Properties where Electronic Message Centers are allowed are shown in dark gray
(b) Only one (1) electronic message center per property. A “property” for purposes of
this section is one lot, or a single building that spreads over several lots, or a campus
or integrated cluster of buildings that is owned or managed as a single entity, complex
or development.
(c) Must be integrated within a freestanding sign and shall not exceed fifty (50) percent
of the freestanding sign’s total allowable area.
(d) The copy of an electronic message center shall not change more than once every
twenty (20) seconds.
(e) Includes functional automatic dimming capabilities that adjusts the brightness to
ambient light at all times of the day and night; or the illumination does not exceed
0.3 footcandles over ambient lighting conditions when measured seventy-one (71)
feet from the sign.
(f) No off-premises electronic message centers are allowed.
(g) All other applicable sign regulations found in Section 31-509 are met.
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(h) Institutional signs may include an electronic message center if they comply with this
Subd 11, the zoning district in Table 1 and the performance standards in Subd. 13. If
not, then the institutional sign shall only include a non-electronic message center.
Subd. 12. Non-Conforming Signs. It is recognized that signs exist within the zoning districts
which were lawful before this sign ordinance was enacted, which would be prohibited, regulated
or restricted under the terms of this ordinance or future amendments. It is the intent of this sign
ordinance that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the
intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of
this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided
such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or
removed subject to the following provisions:
(a) No sign shall be enlarged or altered in a way which increases its nonconformity.
(b) Should such sign or sign structure be destroyed by any means to an extent greater
than fifty (50) percent of its replacement cost and no building permit has been applied
for within one hundred and eighty (180) days of when the property was damaged, it
shall not be reconstructed except in conformity with the provisions of this ordinance.
(c) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in
which it is located after it is moved.
Subd. 13. Institutional Signs. An institutional sign may be either wall mounted or freestanding.
The maximum size of the sign, including any electronic or non-electronic message area, is 32
square feet and is subject to the following:
(a) In residential zoning districts only non-electronic message centers are allowed as part
of an institutional sign. Electronic message centers are not allowed in residential
zoning districts.
(b) In the PA and PROS Zoning Districts a non-electronic message center is allowed as
part of an institutional sign. If the standards in Subd. 11 (a) (2) or (3) are satisfied,
an electronic message center is allowed instead of the non-electronic message center.
Subd. 14. Violations.
(a) All signs for which a permit is required shall be subject to inspection by the
community development director or designee.
(b) The city may require the removal or repair, at the owner’s expense, of any sign if the
requirements of this ordinance are not met.
(c) Upon receipt of a notice of violation, the record owner of the property on which the
sign or sign structure is located shall take corrective action. If the property owner
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fails to comply with the corrections outlined in the written notice, the city may initiate
any lawful action or proceeding to prevent, restrain, correct or abate the violation.
SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-505, Subd. 3 relating to
Garage Sale Signage is hereby enacted:
Subd. 3. Garage Sale Signage. A temporary sign promoting a garage sale is permitted,
provided that:
(a) The sign does not exceed four (4) square feet.
(b) The sign is not more than three (3) feet in height.
(c) The sign is removed the same day when the sale closes for each day.
(d) The sign is permitted by the owner of the property on which the sign is placed.
(e) No more than two (2) garage sales per year are held by any address in any calendar
year with each sale lasting no longer than three (3) days.
(f) The sign may not be placed upon the right-of-way, parks or public property in a
manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks
the view of entrances to streets or intersections.
SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The sign ordinance has been revised to add additional sign definitions to the general
definitions section of the zoning code, add provisions surrounding the use of
noncommercial speech, reorganize sections for clarity, move garage sales signs to the
residential section of the zoning code, provide consistency in terminology, add electronic
message center criteria and otherwise update the ordinance to ensure it is content neutral.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2020.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Sign Ordinance
Changes
1.Free speech law
a. Content neutrality and commercial free-speech law refinements
i. For example
2.Electronic signage (digital signage) added
a.Along the Highway 36 corridor in the BP-C Zoning District. Allowed as shown in
grey in map on next slide.
b.Has to be part of a freestanding sign, can occupy no more than 50% of the allowed
freestanding sign space. Only one per property or multi-tenant building.
c.Display can change no more frequently than once per 20 seconds. ISA studies
deem this to be a safe rate of change.
d.Has to have automatic dimming capabilities to adjust brightness to ambient light
at all times of day or night. Or the illumination can not exceed 0.3 footcandles
over ambient lighting conditions when measured 71 feet from the sign. (ISA
recommendation)
e.No off premises EMC allowed
f.In PA and PROS Zoning Districts, electronic message centers can be incorporated
into institutional signs if:
a.In the PROS District the EMC is permitted only if it is located on a property
with a rec center or multiple use park building; and
b.In the PA District an EMC is only permitted if there is no direct line of sight
from a residentially zoned property to the graphic display area.
Sign Ordinance
Electronic Message
Center sign locations
Sign Ordinance
Electronic Message
Center signs
Sign Ordinance
Changes
3. Institutional signs
a.Currently the sign code allows an institution (church, school, hospital,
governmental agency) to have 32 sf “bulletin board” in a residential zoning district.
b.Bulletin board is not currently defined.
c.In PA and PROS Districts institutional signage is not allowed.
d.Proposed to allow institutional signage:
i.In residential zoning districts: one 32 sf wall mounted or freestanding sign.
Only non-electric messaging in these districts.
ii.In the PA and PROS Districts, the institutional sign could be an electronic
message center –unless the display area would be in a direct line of sight to
a residentially zoned property.
4. A table has been added that summarizes where each of the signs are allowed.
Sign Ordinance