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RESOLUTION 9647 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A GROUND SIGN WITH A DYNAMIC DISPLAY, 8211 RED OAK DRIVE (Planning Case CU2022-001) WHEREAS, the applicant, Katie Brouillard (Abiding Savior Lutheran Church), is requesting a Conditional Use Permit for a Ground Sign with a Dynamic Display, located at 8211 Red Oak Drive, legally described as: P I D: 06-30-23-13-0078 Lot 1, Block 1, Anna Place WHEREAS, the property is zoned R-1 Single -Family Residential, and is established as Abiding Savior Lutheran Church. Mounds View City Code §160.088(G) (Conditional Uses), and §161.038(H)(3)(b) (Dynamic Display Signs) conditionally permits on -site dynamic display signs to be located on the sites of schools, churches, places of worship or other institutional land uses; and, WHEREAS, Mounds View City Code §161.039(A)(2) limits such ground sign(s) in Residential districts to a maximum combined sign area of 100 sq ft. A Zoning Permit for a sign was approved in 2000 for a 32 sq ft ground sign (Permit # 0000394). This sign, along with a previously permitted sign, total 111.6 sq ft in area. Staff has concluded that these signs are legal non -conforming. Minnesota Statute §462.357, Subd 1 e, permits non -conforming uses to be continued, repaired, replaced, but not to be expanded. The proposed replacement sign, and remaining sign will total 110 sq ft in sign area, and is not an expansion; and, WHEREAS, the Mounds View Planning and Zoning Commission considered the request at its November 2, 2022 meeting, approving Resolution 1153-22, recommending Approval of the Conditional Use Permit, and made the following Findings (italics); WHEREAS, Mounds View City Code 160.452(B) includes criteria for granting a Conditional Use Permit (Findings in italics): The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area; FINDING: The use (dynamic display) will not create a burden on public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land; FINDING: The use shall comply with City Code requirements for maximum brightness and glare, and have no demonstrated impact on property values. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties;