HomeMy WebLinkAboutResolution 91-29C4
RESOLUTION 91 -29
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO
SECTION 505.020 AND 301.060 OF THE LAKE ELMO MUNICIPAL CODE, AND
VARIANCES TO THE FOLLOWING SECTIONS OF THE LAKE ELMO
MUNICIPAL CODE: SECTION 505.260 ALLOWING FOR THE CONSTRUCTION
OF AN ADVERTISING SIGN AT A DISTANCE LESS THAN 3,000 FEET FROM
THE ADJACENT SIGNS; SECTION 505.090 ALLOWING SIGN TO BE
ILLUMINATED BEYOND NORMAL BUSINESS HOURS; SECTION 301.070 D.7.c.
TO ALLOW CONSTRUCTION OF THE ADVERTISING SIGN ON LESS THAN
ONE AND ONE -HALF ACRES; TO JAMIE LYNN OLSON, TODD JAMES OLSON
AND WENDY MICHELLE OLSON FOR THE CONSTRUCTION OF A 200
SQUARE FOOT ILLUMINATED ADVERTISING SIGN.
WHEREAS, Jamie Lynn Olson, d /b /a Ad Venture Media, Inc., and Wendy
Michelle Olson and Todd James Olson (applicants) made application to the City of Lake
Elmo on November 11, 1988 for a Conditional Use Permit for an advertising sign in the
General Business Zoning District; and
WHEREAS, this Conditional Use Permit application also included variance
requests for the distance between signs, the hours the sign could be illuminated, and the
size of the lot on which the sign was to be placed; and
WHEREAS, the Lake Elmo City Council denied the applicants' request for the
Conditional Use Permit and variances at a meeting held on January 17, 1989; and
WHEREAS, applicants filed a Petition for Writ of Mandamus with the
Washington County Court on .tune 7, 1989; and
WHEREAS, on August 12, 1991 Gary Schurrer, Judge of District Court,
Washington County, Minnesota issued the following order:
THAT a Writ of Mandamus shall issue commanding the City of Lake Elmo,
Defendant- Respondent herein, to:
a. grant Plaintiffs a variance from Lake Elmo Ordinance 505.260, allowing for
the construction of an advertising sign at a distance less than 3,000 feet from
the adjacent signs.
b. grant Plaintiffs a variance from Lake Elmo Ordinance 505.090, allowing
Plaintiffs to erect an advertising sign which will be illuminated beyond
normal business hours:
c. grant Plaintiffs a variance from the Lake Elmo lot size requirement,
allowing Plaintiffs the opportunity to construct the advertising sign; and
d. issue to Plaintiffs a conditional use permit pursuant to Lake Elmo City
Ordinance Section 505.020 and 301.060, allowing Plaintiffs to construct
an advertising sign on the subject property.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council
hereby grants Plaintiffs a Conditional Use Permit for an advertising sign in the General
Business zoning district on the parcel. legally described as Part of the S 1/2 of the SW 1/4
commencing at the Southwest corner of Section 36 thence East along south line of said
Section 1510.7 feet to point of beginning thence North 00 degrees 03 minutes East 219.5
feet, Twp 29, Range 21. Based on the following conditions:
That no later than September 23, 1991, the applicants provide the City with
a site plan showing where the 200 square foot sign will be placed on
property.
2. That no later than September 23, 1991, the applicants provide the City with
the lighting plan for the sign noting that the court has recognized that the
applicants will take the necessary steps to ensure that the illumination of the
sign does not interfere with the use of neighboring properties.
3. That the applicants will provide proof to the City that they have obtained a
State Electrical Permit for the illuminated sign.
4. That applicants will provide proof to the City that all persons doing work on
subject property will obtain the required licenses and provide the required
insurance certificates.
5. That the supporting structure of the sign shall not increase the perimeter of
the sign by more than two (2) feet in any direction.
6. That applicants will obtain all necessary building permits from the City of
Lake Elmo as pursuant to Section 502.010 of the Lake Elmo Municipal
Code.
BE IT FURTHER RESOLVED, that in granting this Conditional Use Permit, the
City of Lake Elmo also grants the following variances necessary for the construction of
this 200 square foot sign:
L Section 505.260 allowing sign to be constructed at a distance less than
3,000 feet from adjacent signs.
2. Section 505.090 allowing sign to be illuminated beyond normal business
hours.
3. Section 301.070 D.7.c. allowing construction of the 200 square foot
advertising sign on less than one and one -half (1 -1/2) acres.
ADOPTED BY THE CITY OF LAKE ELMO THIS 17TH DAY OF SEPTEMBER,
1991 IN ACCORDANCE WITH THE ORDER OF THE COURT OF
WASHINGTON COUNTY, MINNESOTA.
David Johnson, 4Tyor
Attest:
Mary Kiueffher, City Administrator
DRAFTED BY THE CITY OF LAKE ELMO
CERTIFICATION
I hereby certify that Resolution 91-29 is a true and correct copy of a resolution presented
to and adopted by the City Council of the City of Lake Elmo at a meeting thereof held in
I
the City of Lake Elmo, Washington County on the 17th day of September, 1991.
Kathy Weeks
Secretary