HomeMy WebLinkAbout06/11/2003 P&Z PacketCITY OF LINO LAKES
PLANNING & ZONING BOARD
MEETING
Wednesday, June 11, 2003
6:30 p.m.
City Council Chambers
(scheduled to be televised on Ch. 16)
AGENDA
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES: May 14, 2003
IV. OPEN MIKE
V. ACTION ITEMS
• A. CONTINUED PUBLIC HEARING, Bruggeman Properties, SE corner of Birch Street
and Hodgson Road, Preliminary Plat, Rezone, CUP and Site Plan Review, Jeff Smyser
(Public Hearing must be closed - this application has been withdrawn by the
applicant and will be resubmitted as a new application to include the entire
property)
B. PUBLIC HEARING, Discount Tire, 633 Apollo Drive, Site Plan Review and CUP, Mike
Grochala (Public Hearing will be continued to July — no staff report)
VI. DICUSSION ITEMS
A. Banners, as they relate to the City Sign Ordinance, Jeff Smyser
B. Fabric accessory structures, used as carports, Jeff Smyser
VII. ADJOURN
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
: May 14, 2003
. 6:36 P.M.
. 9:14 P.M.
: Corson, Hyden, Lyden, Rafferty, Schaps and
Tralle.
: Lane.
: Jeff Smyser; Michael Grochala; Tanda Gretz,
James Studenski
I. CALL TO ORDER AND ROLL CALL
Chair Schaps called the Lino Lakes Planning and Zoning Board meeting to order at 6:36
p.m., May 14, 2003.
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES: April 9, 2003
Mr. Corson made a MOTION to approve the April 9, 2003 Minutes and was supported
by Mr. Tralle. Motion carried 5 -0.
IV. OPEN MIKE
Chair Schaps declared open mike open at 6:37 p.m.
There was no one present for Open Mike
Mr. Lyden made a MOTION to close Open Mike at 6:38 p.m., and was supported by Mr.
Hyden. Motion carried 5 -0.
V. ACTION ITEMS
F. CONTINUED PUBLIC HEARING, Bruggeman Properties, SE corner of
Birch Street and Hodgson Road, Preliminary Plat, Rezone, CUP and Site
Plan Review
Chair Schaps opened the public hearing at 6:38 p.m.
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Staff recommended this be continued to the June meeting.
Mr. Tralle made a MOTION to continue Bruggeman Properties, SE corner of Birch
Street and Hodgson Road, Preliminary Plat, Rezone, CUP and Site Plan Review to the
June, 2003 meeting. The motion was supported by Mr. Lyden. Motion carried 5 -0.
A. REBECCA KELLER, 6206 RED MAPLE LANE, VARIANCE
Staff stated Ms. Keller would like to enlarge her existing garage on the south side, as well
as add a home addition above the garage and a mud room on the east side. Applicant had
stated that it was necessary to encroach into the setback area in order to make the
proposed addition of a size large enough to make the project worthwhile. It was staff's
contention that the desire to expand simply in order to have more storage space does not
constitute a demonstration of hardship. Further, by making some design changes and
expanding to the east, rather than the south, the applicant has the ability to fulfill their
desire for expansion while working within the requirements of the ordinance. Staff
presented its analysis and reviewed the five findings for a variance. Staff recommended
denial of the proposed variance in order to preserve full right -of -way for 62 "d Street.
Mr. Tralle asked when the street was proposed to go in. Mr. Grochala replied there is no
proposed date for the extension East of Red Maple Lane, but that improvements to 62'
Street West of Red Maple Lane are anticipated this year.
Mr. Lyden asked if the proposed road went through a green space. Ms. Gretz replied she
did not know about the green space, but there was a lot of wetland in the area.
Mr. Lyden asked if this was in the Comprehensive Plan. Mr. Grochala replied it was in
the transportation plan, which was an appendix to the Comprehensive Plan.
Mr. Lyden asked what the plausibility of extending the road to Holly Drive. Mr.
Grochala replied there were challenges to constructing the road.
Chair Schaps invited applicant to make comment.
Rebecca Keller, 6206 Red Maple Lane, stated she has been in her home since 1986 and
when they purchased their property, the setback requirement was 30 feet at that time, as
62' Street was not defined as a collector street, and if it were defined as a collector street
at that time, it would have had a 40 foot setback. She estimated it was changed to a
collector street five or six years ago. She stated the reasonable use of her property was a
very subjective thing. Usable use for her was a three -car garage. She stated her
circumstances were unique in that they lived on a corner lot and they did not have access
to 62 "d Street. She noted if they were to build a garage farther to the east, they would not
have very good accessibility to the garage. She indicated they would have to go all of the
way through their property to get to the garage. She stated other design choices would be
more costly and would not provide them the economic and aesthetic value they wanted.
She stated they would not be getting special privileges by asking for this because if they
built five or six years ago, they would have requested a smaller variance. She stated the
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• intent of the ordinance should not prevent the owners from making practical design
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choices.
Chair Schaps asked if the existing garage was 26 feet deep. Ms. Keller replied it was 20
feet, with six feet of entryway.
Chair Schaps asked how many feet wide the garage would be if they stayed within the
ordinance. Ms. Keller replied the original plan they had was a three -car garage with three
stalls out in front, but now they decided to do a double -deep garage in back, which would
add six additional feet.
Chair Schaps asked if they had considered any other way to do this. Ms. Keller replied
they were making the decision knowing what the possibility of the road was in the future.
She stated they would be responsible for making this choice. She pointed out there were
many homes in the City with a 30 -foot setback. She noted there were no plans at this
time to even expand the road. She indicated if they had the entrance to the garage in the
back of their property, they would have to remove trees and the driveway would cut right
through their yard. She noted they also had to upgrade their septic system, which would
also limit their garage expansion.
Mr. Rafferty asked if they were only going to have two doors facing the front. Ms. Keller
replied that was correct.
Mr. Rafferty stated he believed they could make their plan work without having to need
this variance. Ms. Keller stated 20 feet for a garage was not workable and they were
banging their doors on the side of the garage when they opened them.
Mr. Lyden stated he did not believe the road would ever go through and the reason the
Zoning Ordinance existed was to protect the public, and in this case the only one affected
was the homeowner. He stated he saw no reason how expanding the garage six feet to
the south would impact the public good.
Mr. Tralle asked if the road was proposed when they bought the home. Ms. Keller
replied she was informed the road might be expanded when they bought the home in
1986 and it was on a ten -year plan.
Mr. Tralle stated he agreed with Mr. Lyden and he could not see the road going through
any time soon. He noted they could plan things and say they were going to do them, but
if it was obvious it was not going to happen, they had to realize that.
Mr. Hyden asked if this was at one time a 30 -foot setback. Ms. Gretz replied she was
able to determine that back to 1992, collector streets required a 40 -foot setback and
before that the Ordinance quoted a 30 -foot setback from the street, not differentiating if it
was a collector street.
Mr. Hyden asked what were they suppose to go by. Ms. Gretz replied they dealt with
what they had now and hoped it was the best way to go.
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Mr. Rafferty stated the most positive thing was that the people who built the home knew
the street might go through and everyone was made aware of the fact that the street might
go through. He knew the rules were what they were, but that things had changed with the
existing homeowner since they purchased the home, it was now a different setback.
Chair Schaps stated every lot had potential and every lot would have some type of a
restriction. Unfortunately, Ordinances changed but they needed to follow today's
Ordinances. He stated he believed they had other options including reducing their square
footage.
Mr. Corson stated they had the Ordinances for a reason and if they granted this variance
for 31/2 -feet, the next person who came before the Board requesting a 31/2-foot variance,
they would have a difficult time denying it.
Mr. Lyden made a MOTION to approve the variance to allow an addition (home and
garage) for property located at 6206 Red Maple Lane, Rebecca Keller for the reason that
the lot had unique characteristics and was supported by Mr. Tralle. Motion carried 3 -2
(Tralle, Lyden, and Rafferty — Aye. Corson and Hyden — Nay).
B. Thomas Laumeyer, 6174 Centerville Road, Variance
Staff stated applicant's home was non - conforming in that it was located within the
Shoreland Overlay District of Lake Amelia, but did not meet the required 150 -foot
setback requirement from the ordinary high water level (OHWL). Applicant would now
like to add an addition onto his home, however the proposed addition would likewise not
meet the required setback from the OHWL. As a result, the applicant was requesting a
variance from the 150 -foot setback from the OHWL. Staff presented its analysis and
reviewed the five findings for a variance. Staff recommended denial of the variance
because it did not demonstrate a hardship.
Chair Schaps invited applicant to make comment.
Thomas Laumeyer, 6174 Centerville Road, stated he believed his unique circumstances
were tied to the physical property. He presented his Certificate of Survey and noted he
had 174 feet to the easement: the lot is so narrow that it cannot accommodate both the
required 150' setback from the OHWL of Lake Amelia to the East and the required 40'
setback from Centerville Road to the West, so it was impossible to place these structures
anywhere within the Code. He stated the home was built in 1959 by his parents. He
noted the home was very small. He stated he had lived there for 8 years. He stated the
home was 800 square feet, noting it was smaller than a 14x80 mobile home. He noted he
believed he had a hardship. He stated he did not believe there was an absence of
hardship. He indicated his situation was unique to the area because he was the only
existing home on the lake that was this close and he did not believe anyone would ask for
a variance because there were no other homes that close. He stated the DNR had been
notified and they did not have a problem as long as he did not go closer to the lake. He
stated his proposed addition would not bring it closer to the lake. He indicated he had
spoken with his neighbors and they did not have any problem with this proposal. He
indicated it would not hurt anybody to add onto his home.
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Mr. Hyden asked what state was his septic system in. Mr. Laumeyer stated he had it
pumped yesterday and he received an inspection report from the City noting it had passed
the inspection.
Mr. Hyden asked if the septic system would accommodate the new addition. Mr.
Laumeyer replied he would need to investigate this further, but he was not opposed to
putting in another septic system if necessary, but he did not want to put a septic system in
if the City came through with City water in the near future.
Chair Schaps stated he would have the option of hooking up to the City water when it
becomes available.
Mr. Rafferty asked if he was doubling the size of he home. Mr. Laumeyer replied it
would be a 24x30 addition.
Mr. Rafferty stated based on the guidelines, it appeared the home should never have been
placed where it was. Ms. Gretz replied those guidelines did not exist when the home was
built. She noted the Ordinance allowed what existed to continue, but once something was
changed or added onto, the current Ordinance existed.
Mr. Rafferty asked if there was another option for applicant to expand. Ms. Gretz replied
it was not possible for applicant to expand his home and stay within the setback.
Mr. Rafferty asked how old was the garage. Mr. Laumeyer replied the garage was built
in approximately 1968. He noted the DNR flooded the lake and at the time the garage
and home were built, Lake Amelia was considerably smaller.
Mr. Corson asked if applicant had spoken with the DNR and asked if the DNR had any
concern with the septic system. Mr. Laumeyer stated he had not spoken directly to the
DNR, but City staff had. He noted the septic system should not be considered non-
conforming according to the Ordinance.
Mr. Tralle asked if there would be any additional bathrooms, or water usages with this
addition. Mr. Laumeyer replied there was not. He was proposing to add a family room
and storage space only.
Mr. Hyden asked at what point were they to deem this a hardship. He noted applicant
had no other options. He stated it looked as if applicant had a hardship. Ms. Gretz replied
in her interpretation, she was looking at past use and that this property had been put to
reasonable use in the past. She agreed expansion would be better, but that did not get
away from the fact that this property had been put to reasonable use in the past. She
stated while applicant could not improve his property, he still had a reasonable use of this
property.
Mr. Lyden stated the home was built in 1959 and many years had passed and he believed
applicant had the right to upgrade his home to bring it up to par with other homes in the
City. He noted this was in the best interest of Lino Lakes to allow him to improve his
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property. He indicated it was a reasonable, fair use of this property to expand the home.
He stated structure did define function and the hardship was the property, not that the
home was not put in the right place.
Mr. Corson made a MOTION to allow variance to allow the construction of a home
addition within the required shoreland (OHWL) setback for property located at 6174
Centerville Road, Thomas Laumeyer, for the following reasons: The Board did not
believe the landowner was being allowed to put the property to a reasonable use; there
were unique characteristics to this property; the State had mandated the 150 foot setback
as a part of the Shoreland Overlay District and the applicant had a special situation that
would be denied by this Ordinance; applicant's home was the closest to the lake in the
area and there would be no other variance requests from neighbors; they were staying
within the spirit of the Ordinance; and the applicant is to maintain the septic system, have
it inspected and obtain a Certificate of Compliance.
The motion was supported by Mr. Hyden. Motion carried 5 -0.
C. PUBLIC HEARING, Molin Concrete, 415 Lilac Street, Site Plan Review and
CUP Amendment
Staff stated applicant was proposing to construct two building additions. One was a 950
square -foot locker room. The other was a 3100 square -foot expansion of a maintenance
garage. Staff presented its analysis and recommended approving the CUP amendment
with the conditions as noted in their May 14, 2003 report.
Chair Schaps opened the public hearing at 7:40 p.m.
Randy Molin, 415 Lilac Street, stated they had lost about %2 of the pine trees over the
winter and those trees would be replaced after June 1. He noted they were meeting all of
the required specifications regarding the seeding around the ponds also.
Chair Schaps asked if everything worked out, when would all of the landscaping be done.
Mr. Molin replied they would have everything done my July 1, depending upon the
weather.
Mr. Corson made a MOTION to close the public hearing at 7:52 p.m. Motion carried 5-
0.
Mr. Rafferty made a MOTION to approve the Conditional Use Permit Amendment,
Molin Concrete, Randy Molin with the conditions as noted in staff's May 14, 2003
report. The motion was supported by Mr. Corson. Motion carried 5 -0.
D. REMOVED FROM AGENDA
410 E. PUBLIC HEARING, Comprehensive Plan Amendment, Elm Street Area
Staff stated the City was preparing to move forward with the reconstruction of Elm Street
from Grey Heron Drive to its intersection with Sunset Avenue. As part of the project, the
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City was proposing to expand sanitary sewer and water main to currently unserviced
portions of the project and to provide services to properties were utility mains were
currently located. Staff noted an amendment to the Comprehensive Plan was required to
allow services to be provided to several of the properties located adjacent to the
improvements. Staff presented its analysis and recommended approval of the
Comprehensive Plan Amendment to allow changing the Land Use designation of 26
properties from Low Density, Unsewered Residential to Low Density, Sewered
Residential and change the growth area designation of five properties to a Stage 1 growth
area and expansion of the MUSA by 7.04 acres.
Chair Schaps opened the Public Hearing at 7:54 p.m.
Mr. Lyden asked if Elm Street was a State Aid Road. Mr. Grochala replied it was. He
noted it had been turned back to the City approximately in 1996. He indicated it was on
the state aid system.
John Landers, 7181 Sunrise Drive, asked the Board to vote this proposal down. He stated
he had originally been informed by staff that this would be a temporary easement on his
property. He found out a couple of weeks ago from the City Attorney, that this would
instead be a permanent easement on his property. He indicated a trail system on the
south side of Elm Street would be a "big waste of money ". He noted people did not use
the north trail, so why put in a south trail. He indicated he would have a difficult time
plowing his snow in the winter because he had nowhere to put the snow. He stated he
had no objection to the street, but he did not want to have the trail. He expressed concern
that they were being double assessed on their property. He stated there were many
unanswered questions with this project and no straight answers pertaining to it. He stated
this proposal would create a hardship on a number of these properties.
Mr. Grochala stated they had been working on this for the past year and four
neighborhood meetings had been held. He stated Elm Street was in need of
reconstruction regardless of the sewer and water. He indicated this was a Municipal State
Aid street and a majority of the funding was coming out of the State Aid account and as a
part of that, the street needed to meet minimum design standards. He noted 32 feet was
the minimum they could do for a State Aid Street. With respect to the trail issues, there
had been a discussion about extending the trail along the south side of Elm Street. He
noted the trail plan was to complete the trail segment to complete the trail. He stated they
had received concerns from the residents regarding the trail. He stated they were still
evaluating this trail system. With respect to the special assessments, that was something
that they continued to evaluate. He stated he believed some of the confusion was
regarding the sewer and water service and the Board was not considering that tonight.
Mr. Corson asked if they would have a future problem with access in this area. Mr.
Grochala replied they would not. He noted there was some intent originally that some
properties could split.
Mr. Tralle inquired about the assessments on the corner lots. Mr. Grochala replied they
were not assessing on a lineal foot charge. They were doing a unit assessment across the
board.
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Mr. Rafferty asked if the fund for the trail would be coming from the Park Fund. Mr.
Grochala replied he believed that would be coming from the State Aid Fund.
Mr. Lyden asked if there was already a sidewalk on the north side of the street. Mr.
Grochala replied there was.
Mr. Lyden asked if they needed a trail on the south side of the street also. Mr. Grochala
replied they were still assessing this at this time. However he noted by continuing the
trail on the south side, they would avoid residents from having to cross the street a couple
of times to continue on the trail.
John Johnson, 261 Elm Street, stated he disagreed with Mr. Landers and there was a lot
of people who used the trail and he indicated he would like to see the trail go through.
He stated children should not cross the street to continue on the trails. He supported the
sewer and well proposal. He stated his well did not have drinkable water and his septic
system was failing and he was ready to hook up and was in full support of this project.
Bonnie Lewandowski, 7180 Sunset, stated they were on the corner and they had on the
side of their yard large pine trees, which would need to be removed to put the sidewalk
and drainage field in. She stated there was a sidewalk across from them and there was no
offer of compensation for the trees being taken down. Mr. Grochala replied the trees
were in the existing City right -of -way.
Ms. Lewandowski pointed out the trees had been there for 31 years and they had taken
care of them. She stated the City had sewer and water ran the sewer down their front
yard, which killed two large elm trees in their yard, instead of running the sewer on the
side yard as they wanted. Now if the City also took the pine trees, they would have no
privacy on their lot. She indicated the pine trees were full - grown, beautiful trees and she
did not want to see them removed.
Sharon Krantz, 7132 Lakeview, stated they did not have City sewer and water and
expressed concern and asked if would have sewer and water come down Lakeview. Mr.
Grochala replied this was outside the project, but in the future it could be extended at the
request of property owners. He noted it would be stubbed off of Elm Street to go down
Lakeview. She expressed concern that by fixing Elm Street, this would that cause more
water to come down Lakeview.
Mr. Studenski replied they had addressed this concern and they were expanding the pond
behind Willow, as well as adding additional ponding. He stated nothing from Elm Street
would be dumped onto Lakeview.
Maris Dupris, 331 Elm Street, asked if the sewer could be piped across the road. Mr.
Studenski responded they had put this forth to the residents saying they were
reconstructing the street and it was the most economical way to put in the sewer and
water and the feedback they received was very favorable. He stated it would be a
possibility for residents to subdivide their lots now and it made the most economical
sense to go down Elm Street.
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Ms. Dupris pointed out that there were no lots along Elm that could be subdivided. Mr.
Grochala replied there could be 5-7 lots that could be split in half. He noted it was
limited and they would see lot splits, not a large development.
Mr. Corson made a MOTION to close the public hearing at 8:42 p.m. The motion was
supported by Mr. Rafferty. Motion carried 5 -0.
Mr. Hyden made a MOTION to approve the Comprehensive Plan Amendment to allow
changing the Land Use designation of 2d 6 properties from Low Density, Unsewered
Residential to Low Density, Sewered Residential; change the growth area designation of
5 properties to a State 1 growth area; and expansion of the MUSA by 7.04 acres. The
motion was supported by Mr. Tralle.
Mr. Lyden asked about the trail on the south side. He noted with the school and church
on the north side, there was a need to cross the street. Mr. Grochala stated there was a
lighted caution light on the eastern end of the trail.
Motion carried 5 -0.
VI. DISCUSSION ITEMS
A. Ravens Hollow, K -G Development/Rockey Goertz, East of Hodgson Road &
west of Ware Road, South of the Fox Trace Subdivision
Staff reviewed Mr. Goertz' proposed development and asked for the Board's suggestions
and comments.
Mr. Goertz stated there had been another neighborhood meeting and there was no longer
an opposition to this development from the residents of Fox Trace. He stated he would
have a follow -up neighborhood meeting once he received the Board and Council's
comments.
Mr. Corson inquired about the maintenance. Mr. Goertz replied the maintenance would
be done by the townhome association. He noted the single- family townhomes would be
charged a lesser amount and the townhome association would take care of mowing,
trimming trees, etc.
Mr. Rafferty asked when the association would be turned over to the residents. Mr.
Goertz replied at 70 percent. He stated the by -laws would be very strict and they were
limiting this development to two builders. He noted one developer would do all of the
townhomes and one would do the single - family homes. He stated all of the homes would
be landscaped and they would have a choice of colors. He indicated not all of the homes
would look the same and they would have maintenance -free exteriors. He stated the
footprint for the townhomes were 1800 square feet with 25 -foot setbacks. The driveways
would be 36 -37 feet wide. He stated there would be full basements in all of the homes.
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• Mr. Lyden stated he would support a Comprehensive Plan Amendment for R -1X. Mr.
Goertz replied it made no difference to him, but the Council was not receptive to this.
Mr. Lyden asked what were they getting if they granted the PUD. Mr. Smyser replied
they was no other way to do this and comply with the Comprehensive Plan.
Mr. Goertz noted the only way they could do this was to put in 6 -8 unit buildings, which
he did not think looked good. He stated he had already received a few interest calls
regarding this development.
The Board's general consensus was that this was a good proposal. Mr. Lyden
emphasized quality was a very important factor in this development.
VII. ADJOURNMENT
Mr. Rafferty made a MOTION to adjourn the meeting at 9:14 p.m. and was supported by
Mr. Hyden. Motion carried 5 -0.
Respectfully submitted,
• Kathy Altman, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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AGENDA ITEM VI A
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: June 11, 2003
TOPIC: Banners and Temporary Signs
BACKGROUND
Many businesses use banners and other types of temporary signs. We have seen an
increase in these signs of late in Lino Lakes. Periodically, the building official will send
out a number of letters to business owners informing them of violations of the sign
ordinance and instructing them on the requirements for the use of temporary signs such as
banners.
Recently, the mailings prompted several business owners to protest to the city council at
a work session. They stated that the banners, which are free to the businesses, provide
them with free advertising. The city council directed staff to look into the situation.
The attached photos show several instances of banners and other temporary signage
currently found in Lino Lakes.
Staff is seeking direction from the P & Z on how to address the issue.
ANALYSIS
Lino Lakes: The current Lino Lakes sign ordinance (Ord. 12 -97) states that
"banners, balloons and stringers are prohibited unless approved in conjunction
with a portable sign permit." (Section IV. E.)
The ordinance also requires that
Portable signs shall be used a maximum of four (4) times a year for a total of
fifteen (15) days per time. Portable signs shall be limited to special events or
promotion. (Section IV. X)
Other Municipalities: The City of Blaine requires a temporary sign permit for banners.
Each building (not each tenant) is allowed a banner for a total of eight weeks per year,
two weeks at a time.
• The City of Woodbury allows a building to have one banner, 32 sf maximum or 5% of
the wall, whichever is greater. The banner must be firmly secured to the building wall.
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The City of White Bear Lake allows up to four banners per property per year, maximum
60 consecutive days per banner, 120 days max per year for all banners. A sign permit is
required, but the banners do no count toward the maximum signage area. A banner can
be up to 32 sf and must be attached to the building.
These are only brief summaries of those cities' requirements. The point is to show that
there are varying degrees of regulation being used.
Signage is always an extremely difficult, thorny issue. As with any regulation, there will
be those who will not agree with a signage requirement. The goal of signage regulation,
like any government regulation, is to balance the private interest and the larger public
interest. Signage advertises a business, which is good for the business. Successful
business is good for the greater public. However, unregulated signage can become an
eyesore and a nuisance, which detracts from the good of the community.
We offer the following questions to guide the discussion. This list is not intended to
cover all questions or options.
• Should banners and other temporary signage be exempt from regulation? This would
allow any banners, any size, any number.
• Should temporary signs be included in the maximum sizes for signage?
• If not included in the overall signage area, should there be a limit on the square
footage of temporary signage?
• Should there be a time limit for temporary signs?
• Should banners be treated differently from other temporary signs? (If so, why ?)
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AGENDA ITEM VI B
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: June 11, 2003
TOPIC: Temporary Fabric Structures
BACKGROUND
A number of residents are constructing temporary fabric structures, primarily for storage
of vehicles. This is a relatively new product that typically consists of aluminum poles
with plastic fabric stretched over the poles. Staff is bringing the issue to the P & Z for
discussion to see if the P & Z wants to pursue adding language to the zoning ordinance to
address this type of structure.
City building inspections and other community development staff have received
inquiries, including complaints, about fabric structures. These structures are not
addressed in the building code nor are they specifically considered in the zoning
ordinance. They require no building permit. Our approach to date has been that these
structures must not encroach on setbacks and that they must be included in the accessory
building square footage on a lot.
Other municipalities have specifically addressed these fabric structures in their zoning
ordinances. For example, the City of Blaine requires a building permit for them and
requires that they match the color of the principle structure on the property.
The City of Woodbury recently adopted an ordinance that states: "Cloth, canvas, plastic
sheets and tarps and similar materials, corrugated roofing or siding are not allowed as
primary materials on accessory structures." This prohibition does not apply to
greenhouses or to structures in agricultural zones.
To guide the discussion, here are some alternatives:
• Place no regulatory limits or requirements on fabric structures: people can use them
anywhere, to any extent.
• Prohibit fabric structures in residential, business, and industrial zones but allow them
in rural zones.
• Allow them, but define them as accessory structures and state that they must meet
setbacks and be included in accessory square footage on a lot.
• Require a building permit for fabric structures in addition to the previous option.
Staff is seeking direction from the P & Z on how to address the issues.