The URL can be used to link to this page

Home My WebLink About03-20-1996 • MOUNDS VIEW PLANNING COMMISSION MARCH 20, 1996 7:00 P.M. AGENDA SESSION 1. Review of Minutes: March 06, 1996 (Enclosed) 2. Discussion of a Request for a Site Plan Review(Variance for Side Yard Setbacks), Richard Wolens, 2661 County Road I, Planning Case No. 437-96 3. Discussion of a Request for aVariance for Side Yard Setbacks, Mounds View Fina, 2280 West County Road I,Planning Case No. 438-96 4. Staff Update 5. Discussion Regarding Sign Ordinance Revision a. Rebecca Witz, 7965 Fairchild, will be addressing the Planning Commission • to voice her concerns regarding noncommercial opinion signage ****************************************************************************** APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055 IF YOU ARE UNABLE TO ATTEND. THANK YOU. ****************************************************************************** i PROCEEDINGS OF THE PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 6, 1996 all 2401 Highway 10, Mounds V ew, ty MN '551112 The Mounds View Planning Commission was called to order by Chair Peterson at 7:06 p.m. 1° Call to Order on March 6, 1996. MEMBERS PRESENT: Commissioners Colleen, Johnston, Miller, and Chair Peterson. 2 Roll Call Commissioner Stevenson had an excused absence. Commissioner Nelson had an unexcused absence. ALSO PRESENT. Planning Associate Pruitt and Council Member Quick. • Mo tion/Second: Miller/Johnston to approve the • minutes of February 7, 1996. 3 Approval of Minutes: February 7, 1996 4 ayes O nays Motion Carried There were no resident requests or comments from the floor. 4 Resident Requests and Comments Planning Associate Pruitt introduced and notified the Planning Commission that the 5. ResoConslution No of applicant was requesting that this item be 441-96tion ar tabled until April 3, 1996. Regarding Request for a Mr. Dick Whitney, a representative from the Conditional Use Board of Elders for Church Upon the Rock and Permit Extension, Northside School Board, explained an 7901 Red Oak Drive, extension was needed in order to solicit Mr. Planning Case Reagan's, Northside Christian School 436-95 IIIAdministrator, input regarding the use of the facility. Mr. Whitney also provided an update Mounds View Planning Commission March 6, 1996 • Regular Meeting Page 2 on the tentative plan for more efficient space utilization inside the main structure in order to create addition classroom space. Motion/Second: Johnston/Colleen to table this item, at the applicant's request, until April 3, 1996. 4 ayes 0 nays Motion Carried Planning Associate Pruitt provided an update 6. Staff Report on Planning Commission vacancies; the deadline for applications is April 1, 1996, and the vacancy is being advertised on cable access television and in the New Brighton Bulletin newspaper. The Planning Commission requested the 1996 version of the Mounds View Municipal Directory. Members present at the March 28, 1996, 7. Report of Chair agenda session included Commissioners Miller, Johnston, Stevenson, Colleen and Chair Peterson. (Commissioner Nelson had an unexcused absence). An agenda meeting will be held for discussion of the sign ordinance revision immediately following the regular meeting. There being no further business before the 8. Adjournment Planning Commission, Chair Peterson adjourned the meeting at 7:45 p.m. Respectfully submitted, Joyce Pruitt Planning Associate • • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: March 8, 1996 SUBJECT: RICHARD WOLENS,2661 COUNTY ROAD I,SITE PLAN REVIEW (VARIANCE FOR SIDE YARD SETBACKS),PLANNING CASE NO. 437-95 • Mr. Richard Wolens,owner of North Suburban Schwinn,has made application for a variance to allow the placement of a 50'x 26'accessory building located at 2661 County Road I. This property is currently zoned B-2 (Limited Business District). Chapter 1104.01, Subd. 3,requires a 10-foot minimum side yard setback distance for B-2 zoned lots. The applicant is requesting that the accessory building be allowed to be placed at a 5'side yard setback. The building will be designed to blend in with the North Suburban Schwinn building,with a rock face texture block on the facade and green steel on the roof. All application materials submitted for this item have been included for your review and consideration. If you require copies of any of the materials or have any questions,please do not hesitate to call. For your • reference, a two-thirds vote of the Planning Commissions will be required for approval of the variance request at the April 06, 1996 Regular meeting. In addition, I have provided a copy of the Municipal Code, ---a= Section 1125.02 regarding variances,for your review. • _ '•-- 8052 8051 8044 8045 8046 "''' _ 8042 8045 —3: 8030 9045 ri 80 6< 8045 8040 6034 8032 8033 8040 8035 8032 8031 8038 3035 802. 8025 8028 8022 8019 8030 80268021 8001 8010 8011 800 8020 8025 8016 8015 ---' 8025 8018 8011 8000 8000 • ••11; 8000= 8016 8009 80067990 8005 z 7985 8004 7981 7990 0 7981 7990 7989 7996 7993 7970 7977 798 7990 I 7980 7979 ;9986001:1 7985 7984 7975 7970 7979 7980 7969 7964 7975 .798 7961 /1/Oqi 79601 7965 7960 7959 7970 7965 7966 7969 7950 7951 7954 7955 79a N 7 q 7955 7956 it 7949 7954 7959simmimmosimoo civ 7940 7945 7946 7927 I H I LLV I EW 7933 7950 7940 7945 79: a N ___ 7930 7935 7930 7977 NLO 7901 PARK �, n - �, oc 7932 w N `901 c'n, N N 79C N� n ,� ra r co 7900 7901 N N 7900 ' PF K I rawn ilige JO N N N 7900 7901 7900 N N NRO Ii1lLVIEw N � 7864 7868� �w.-..________0 �78 NNE:::p 7891 UU 7880 7895 N 7890 N � N N '^ 7858 78- " °O 7867 7870 7869 78- "'k • 7861 N w } 7885 7866 7853 7~ K1 Pi �O Z 7851 7860 7852 W 78- EIM 7835€ e : I N o 8_2 = 7877 , 7841 �� 7821 ‘1, ^ 7870 v1 7850 7855 7846.:t 78 go ry1, ) 7863 7842 7841 7840 7829 a, ` i • 8Ap 7830 0 7840 7835 •7817 78 jw 80i7'Jo• •;cn c 778: 7781 17750 ti 7809 7770 3 7801 7760 7797 78 — ^' 4,47800 Z 7751 7787 7750 77 r2.6.... 7769 778• - j B-2 Oc 7901 77 758 775917770 y'\° Q`�y� 0^ 7767 7760 7741 7740 7767 ll 748 7749 7768 R° 7761 7767 i 7750 7731 7730 7753 I7 17380 77397729 f R-2 o Ir 7801 ® 7730 7721 , 7720 7- 17283 3 772R-2 8_2 yh 7710 7711 77 raw e 773• ry`O 7700 O 0 7718 Z��'. 7715 2• N o m to Z m 7711 N N 7710 Y 770. 7710 7711 N iO4 R-2 R-2 715 � � - p � ,� !. I.*• NNm� v)U flU)AN Ca ) 2553 m 7692 Ri : :..... Neel o , el�011,0 N N PUD til NNNN '^ NNNNN 2551 76851 769. 7685 N 7690: o `1 8-3 .11 2549 p 7 N N t CZ N , N 2547 - —�• 7670 7663gig w J 2545 7669 Y �� 8-4 2541 _ ;E 7665 I 7660 7653 5 3-3 ti ?<, 2537 766 s' 0 2539 n 7647 N �' eQ �aa, 7r•• 7629 7634 7635 g 7. 7620 ti 7625 i a- ..,+' 7619 7600 7701 SILVER VIEW / ti 7585 7594 7575 0 i i iii is It.N ^�, coni 01 rl�j B-2 7579 7588 PARK n N010 n 0 10-- . 8-3 Q 7570 N N T n o N O:p 1 7565 758 0 7565 7560 •arN'N 'r4,4 v 4' y41'' N W 7555 J o y N 770.: 2.,-z: v 7560 •�' N N�N N a m o o co 7545 > • to PF Nyy-r1yN ro N awmp 7515 CD1 7545MI 1 cni°n NEN" N A Nli. s 'N ,`'l �. EMILI 7523 , U•1 a 7485 n 750' `° 01 l CO N N m N cb 7490 N N (0,0.(0 co O N N 0 N n a a 750`. N N N .:.: N :3 —.--, N.- 4 in le 1 7449 N N N _..�•' ..::::::.��';.'."::. :�:.: rek .................. 7474 7471BRONSON -, 1 � o N �w.r.� - ..0. N v m ... N N 4- 4 - 47 5 3 56 7 - 0 N 7 444 4 1 - 7 5 m o N 7452 . � .....w W 7415 N 7442 N 425^N' n r...*\c". • PF 7434 7440 ..t-• V1E`N� v - �_� 7412 0 7405 7408 ��o 740• Ts. CITY OF MOUNDS VIEW PLANNING APPLICATION • APPLICANT: Richard F . Wolens Phone( 612 ) 755 -8871 781 -6966 • ADDRESS: 6726 137th Ave NW Ramsey , Mn . 55303 Street Address, City, State, and Tap Code Interest in Property (check appropriate box): E Owner of Property ❑ Contract for Deed Owner ❑ Lessee, Operator, Manager • ❑ Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's interest in the property may be required before final City action of this request F-- PROPERTY INVOLVED: Address/General Location 2661 County Road I Mounds View , M n . 55112 Legal Description or.Property Identification Number 2661 County Road I i i v e r Lake Woods Ex Part Lying Sely Ely & Ierm . Lot 1 81k 10 Legal Owner: Name/Address Richard F . Wolens 6726 13 7th Ave . NW Ramsey , Mn . 55303 Present Use (check appropriate box): •_ ❑ Undeveloped/Vacant • ❑ Single Family Dwelling • 0 Duplex/Two Family Dwelling ❑ Multi-Family (No. of Units ) qi Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification: IZ Abstract ❑ Torrens REQUEST: Respectively request apermit to build a storage building for bicycles on the above stated property . CSee dLLdLhmeIIL) • *Please note: Applicant may be responsible for additional fees associated • the review of this request ' I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. (, .c.p./4.. ., 'Y , l-;1�, r, Signature Rezoning $200/acre.minimum$200.maximum$1,000 Park Fund Dedication Fee Variance R-1 to R-2-$75,all others$200 Date Paid Conditional Use Permit R-1 to R-2-$75,ail others$200 Receipt Number Code Appeal $75 Develop./Site Plan Review 5100/acre.minimum 100.maximum $500 Total Fees Paid *" Minor Subdivision $150 Date Paid -�_9.40 Major Subdivision $250 plus$250 deposit Receipt Number 5'O A/, Comp. Plan Amendment $200 ink Wetland Alteration Permit $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUO S350 PUD Amendment $150 Date of final action ,1APPROVED ❑ DENIED C TABLED ❑ - Date - 7 — It, Planning Case No. 4J 37— Q LP Admin.Account No, ri/Q.. PIONEER - SCRWINN,1 March 7 , 1996 Due to business expansion our existing building has become to cramped for storage space . This building was designed to blend in wi Schwinn building , th the North Suburban The roof is green steel and the faca We res d is rock face texture block : pectfully request a building permit for this construction , • s 12741 CENTRAL AVENUE N. E. BLAINE MINNESOTA 55434 • (612) 755-8871 1125.02 1125.02 • 1125.02: VARIANCES AND APPEALS: Subd. 1. Board of Adjustment': a. Composition: The Board of Adjustment and Appeals shall consist of all members of the Planning and Zoning Commission. All members shall serve without compensation. b. Organization and Meetings: The Board of Adjustment and Appeals may elect a chairman from among its appointed members for a term of one year, and the Board may create and fill such other offices as it may determine. The Board shall meet by order of its chairman, after notice, whenever an appeal has been properly presented to it. A two-thirds (2/3) vote of a properly convened Board meeting shall be required to grant the relief sought in the appeal. c. Records: All written reports and recommendations to the Board of Adjustment and Appeals from the City staff shall be entered in and made part of the permanent written record of the Board's meeting. Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals to provide relief to the Iandowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of • his land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances. apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That the special conditions or circumstances do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special priviie_e that is denied by this Title to owners of other lands. structures or buildings in the same district. I. See also Chapter 402 of this Coac. • City of Mounds View 1125.01 1125.01 not be considered again by the Planning and Zoning Commission or City • Council for at least six (6) months from the date of its denial and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning and Zoning Commission or City Council for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths (4/5) vote of the City Council. f. Lapse of Conditional Use Permit by Nonuse: Whenever, within one year after granting a conditional use permit, the work as permitted by the permit shall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested, in writing, and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the Planning and Zoning Commission for a recommendation and to the City Council for a decision. g. Performance Bond: (1) Upon approval of a conditional use permit, the City shall be provided with a surety bond, cash escrow, certificate of deposit, securities • or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the conditional use permit and the Code of the City. (2) The security shall be in the amount of the Director of Public Works/City Engineer's or City Building Inspector's estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the Director of Public Works/City Engineer and Building Inspector. (3) The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the City has been issued by the City Building Inspector. (4) Failure to comply with the conditions of the conditional use permit and/or the codes of the City shall result in forfeiture of the security. (1988 Code §40.25: 1993 Code) • 'City of Mounds View 1125.02 ' 1125.02 • e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The Board of Adjustment and Appeals may impose such restrictions and conditions upon. the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. Subd. 3. Appeals: If the Board acts in favor of the appellant, it, thereupon, shall issue an order to the administrative official involved setting forth the terms and conditions adopted. Said order shall be signed by the chairman and the City Clerk-Administrator or secretary of the Board. If the Board denies the applicant's relief, the applicant, within sixty (60) days from the decision of the Board, may appeal to the City Council for the relief sought. • Subd. 4. Procedures: a. Requests for a variance or appeal shall be filed with the City Clerk- Administrator on an official application form. Such application shall be accompanied by a fee as outlined in Section 1125.04 of this Chapter. This fee shall not be refunded. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials necessary for the explanation of the request. b. Upon receiving said application, the City Clerk-Administrator shall refer the application. along with all related information, to the Board of Adjustment and Appeals and City staff. c. After receiving the City staffs report and recommendations concerning a request for variance or an appeal. the Planning and Zoning Commission. serving as the Board of Adiusunent and Appeals, may set a date and hold a hearing on said request. The Board shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten (10) days before the date of hearing to the person who flied the appeal or request. to all owners of property, according to the City assessment records. within three hundred fifty feet (350') of the property to which the variance relates. • City of Mounds View 1125.02 1125.03 d. Failure of property owner to receive notice shall not invalidate any • such proceedings as set forth within this Title. e. The Planning and Zoning Commission, serving as the Board of Adjustment and Appeals, shall make a finding of fact and shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request. f. A variance of,this Zoning Code or the granting of an appeal shall be by two-thirds (2/3) vote of the full Planning and Zoning Commission serving as the Board of Adjustment and Appeals. g. The City Clerk-Administrator shall notify the originator of the variance request or appeal of the Board of Adjustment and Appeals decision in writing. Subd. 5. Lapse of Variance or Appeal: Whenever, within one year after granting a variance or appeal, the work as permitted by the variance or appeal shall not have been completed, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Such extension shall be requested, in writing, and filed with the City Clerk- Administrator at least thirty (30) days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts, showing a good faith - . attempt to complete the work permitted in the variance or appeal. (1988 Code §40.26) • 1125.03: CERITFICATE OF OCCUPANCY: Subd. 1. Application: A certificate of occupancy shall be obtained before: a. Any building hereafter erected or structurally altered is occupied or used. b. The use of any such building is altered. Subd. 2. Procedure: a. A certificate of occupancy shall be issued after the Building Inspector has found that the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Title and all applicable building codes'. 1. See Title 1000 of this Code. i City of Mounds View • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: March 8, 1996 SUBJECT: MOUNDS VIEW FINA,2280 WEST COUNTY ROAD I,VARIANCE FOR SIDE YARD SETBACKS,PLANNING CASE NO. 438-96 Mr.Thomas Manke,partial owner of Mounds View Fina,has made application for a variance to allow the placement of a 24'x 44'canopy atop a gas pump island located at 2280 County Road I. Currently,the gas station is classified as a legal non-conforming use within the B-2 (Limited Business District)zoning. Chapter 1104.01, Subd. 3c, requires a 30 foot minimum setback distance for all corner lots. The applicant is requesting that the canopy be allowed to be placed at a 6 foot side yard setback. The canopy will have 15 lights, and the applicant has already been informed of the Code requirement, Section, 1130.09,requiring lighting to be arranged as to deflect light away from any adjoining residential zone or from public streets. In addition,the applicant was informed that the Code requires the source of lights to be hooded or controlled in some manner so as not to light adjacent property. • The applicant is also planning on replacing the existing underground tanks and product piping,with new tanks and fiberglass piping. The Mounds View Zoning Code, Section 1123.02, Subd. 1,prohibits any structure or use lawfully existing prior to a zoning change from being enlarged,but does allow it to be continued at the size and manner of operation existing prior to the zoning change. Staff has spoken with the City Attorney to determine whether this action is considered altering or increasing the legal non conforming property. Since the Minnesota Pollution Control Agency(MPCA)is requiring the replacement of tanks, and the original number of tanks being replaced is the same, the Attorney's opinion was that this action would be one that would be permissible without having to bring the entire site up to City Code. The current island, including 4 pumps, will be removed and replaced with three separate islands holding a total of four pumps,two on each island, and a shorter third island holding garbage cans and window washing • equipment. All the asphalt will be replaced and all concrete above tanks and gasoline fueling area will be new. A new sidewalk in front of the building is planned for with appropriate handicapped ramps. The applicant also intends on replacing the existing recovery system with a new system called sparging, which should shorten the clean up time to one to two years. The plan is for the system to be put in place during the remodeling of the location. The applicants are currently having the property analyzed by Dahl &Associates to submit to the Minnesota Pollution Control Agency soil results so that the sparging system can be officially authorized for the site. All application materials submitted for this item are included for your review and consideration. If you require copies of any of the materials or have any questions,-please do not hesitate to call. For your reference, a two-thirds vote of the Planning Commissions will be required for approval of the variance request at the April 06, 1996 Regular meeting. In addition,I have provided a copy of the Municipal Code, Section 1125.02 regarding variances, for your review. • nsi3o Od N 04 1 N N WCNI N N N N NCri.. ® I �61z CRP� "' N o 0U' O t0 u) M M t7 M r7 .s; W 8101 N N N N N� N N N N N N ROAD 1111111111111111111111 - ::::....................................................................... ..,,,: ....................:. N �_iO I O O v M o O M in N7 M7 M V 18oa= 8099 N N N N N N =,N I NIN N O f 1E2 h p ARK ollst)i I2 0 -•ncI' m ® r 8070 :07 N N`�, " N N N N ;`1 _ _ 1 N " �. • 3044esstei 7947` :ENFIELD N N DR ® i ��,�7943 00 tø � a •Q 7939! �� N r�� •r11E1i 7 ,"7935 •� c�i :ti �®® 7931 0� i4 4,t, N N N��-� 7927 7fr1* 11II1LON o N mod A r:lr ® VLLGE MOBILE HOME PARK 7909 mac, n n a M � o o o o N 7930 �' 790 n RD M In N N N N N N 7905 .•• N‘ \-\las A as VI Li •® N�N I N N N J CM ®N N HILLViEW tp O N v v M M N 1 0 O IO Io �� M N n c" to O v t0 9 S 4 M N N �1 O O m m 'N w N NIN N tD • t? M M el M M M M m n O N N N N N N N N N N N N N N I N N N N N N N N N N N N ttt 741 OAKWOOD O i . N N N N N N N N N N N N N 'V N N PF OAKWOODto n n n 0 m �m n m r_ n m to .0 5590 K :N al n °r ton to n1'1 DREt RIZ _ m ,81'81 { � IIII m o 8123 o o lol 669 17660 7855 N N i N I N N N N N N N N NIN NIN N PF N NIN N N N N N N IN1 78571785+ EvEnta F-a, OAKWOOD DR 04 ID �� to t• g g c g CO o v CO a• g t0-2 t0 tb N t0 m 1 O r 10. 7945178 • �.- m �° �°I n I m 'o 'o d• 'gal ; o m m n to '^ '^ N_ �I`- o o ma o o iN • 560;560 N N N N N N 0 tN N , H N N N N N N N N N N N N N N NN N N N N N NIN N NIN N NI 78371783•> 5601 •••� • to n m 1 n to m I _ 782.E 1� N NININ IN�N N N M N N ' n Qf 7 N n nlm1M n m M n la) �O A m hr...IF, 7x27 0 Jefflff En N N N N N N N N p N N N N N m mtao n t0 u7 to Niel el N I N NIN N\Nih 7817 /lir •�•I�QZ TERRA N N N NIN N NININ N N N= wmm m n t`O0 °° o y. 0 CE DR78m r 5550®W N 294 NNN NN 4 NI N NIN N [Ny N m m r 00 ICA N < MMNm IIC7751,11N N ® �V ' �a.� �fl m ul N N� N N- } N N- N N N�N N N N N�� •� m n N N N N�N lh m v 7741177'' PINEWOOD CIR � �� N N N N N N N N N� ? Ira ® 11�E1 !�;Z PINEWOOD DR Vag') O1�m - n nu tmnlin v Mel NI°' I= o a o 0 0I` WM �� F"iii 15520 �+:7 N N 1 N N N N N N N N N N N N N N N N N��N� 772117721 ® n N d• Mt CZ N N N N N N N�N N N -.;.• N CO n t0 5520 N N N N N N N • N N �— • 11:31 el N N N N N 5521 CO RDII taw 0 0 0, r] _ 5511 EMIR o m N M not; '.�U 5505 a e N N N N maw 5503 ' 5504 PINEWOOD 1pN N N NN. • um ,o to ,o to 5472 ®® ^ `R-3178:• r N N N N rsa 5493 SCHOOL 7661 .a: z1 CM =CM 5500 Ilk, 1 5480 1 5479 11353 •. 7651 5478 .#Ip Nil 467 1•tar�rr. ■ 5468 WY/ �Omum 7841 1r 45-t7riiii,_ 7611761 r i 0 SR� p 7631 z laws r 5446 II 5447��G �I 0i�_ ^ rmiir2 •'/4. 763 75411758• 7531 •,r5440 5441Q ® N1 N NIN N1 N t.0 aELLE ' a 7521 P ® , �, to N �)I}i�CC+. .MUM, , � 1544:1046 420 542 n m n n Y ,• • ® Ili 5414 I 5415 5414 rn,.4I n N '0 4 N o n N to I I N I^ C >. < 0: 7501 5401 5406 5405 5446 1 NI•N N N I N` N 5405 N N N I N N N N 4. 7505 r DRIVE tiff Li :" ...ON • N - o a 5392 539 536 ® a xi ml O NIt0 O N g _ N N N N EME 536 2 �( HALL ,� Z N N r NI'611 N N r 536•' 53861 538710 N N t.V N N N N N 5380 537•'0 53801537' -4 535: w 5394 -' 538 U I Enos535. m _ _ �!1 ' I MEE =ME 535- O 5 M LZI . ...111:232 MI 5+51 MIN �� (� 2 m 535215351 L\.7 � '_ 1 r F.' `r• aNv Ci_�\L'tTi ®� ,M.•;1,1 N N IZEN V. BE, N- • 7 f x 1 C� m -v 1 1 noo 23• w .,. , , ,=c, ..... ..„.-g . ..„ ., . —r r- iIfigir, 1 t: i E }Ili higi :(,-J. 1 2 sINI 141 1 I • Z 11 4 I. 0 I1 4 I ;il— FS1 ,s r ig— — ,in rn —11 i zt TO rn /z I, t tI1F iw caCO II' m11— I — 22-t- 1 > -in—FIT ---- it �d� I - o1 g - 3 - -111---;, 70.75'2‘.--- S 0043' 16' E - ADAMS ST . 110 DAH L & ASSOCIATES, INC. • Environmental Consultants,Contractors&Engineers March 6, 1996 City of Moundsview 2401 Highway 10 Moundsview, MN 55112 Dear Sir/Madame: RE: The Former Peoples Plus Service Station Located at 2280 West County Road I, Moundsview, MN. The purpose of the following letter is to briefly summarize the petroleum hydrocarbon remediation work being conducted at the above-referenced site. DAHL and Associates, Inc. was retained by Kunz Oil Company in 1990 to provide environmental consulting services for the site. At that time, test drilling at the site revealed the presence of petroleum hydrocarbon contamination in the soil and groundwater beneath the site. The Minnesota Pollution Control Agency (MPCA) is the • State regulatory authority that reviews the data and site recommendations provided by DAHL. In 1991, DAHL installed a groundwater remediation system at the site. The purpose of the remedial system is to remediate groundwater and collect free phase product from the surface of the water table. Petroleum contaminated groundwater is recovered, treated by the remedial system, and discharged to the sanitary sewer system. This system has been successful at providing some remediation of the site, however the remediation process has been slow and the system is fairly costly to operate and maintain. DAHL is currently in the process of evaluating soil vapor extraction and air sparging as more aggressive remedial technologies for the site. To determine the effectiveness of these technologies at this site, DAHL is planning to conduct a pilot test. Data collected during the pilot test will determine the effectiveness of these technologies, and if successful will provide the information necessary to install a full scale system. If the pilot test is successful, DAHL will present the data to the MPCA, and will recommend the installation of a full scale system. At this time, DAHL will also recommend that the existingsystem be dismantled. MPCA approval of DAHL's • recommendations will be required before any modifications to the existing system are made. 4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777 !� oounon rnul • City of Moundsview March 6, 1996 Page 2 If you have questions or need additional information,feel free to contact me at (612)490-3789. The MPCA project manager for this site is Mr. Gary Zarling. He can be reached at(612)297-8598. Sincerely, DAHL &ASSOCIATES, INC. Je f yan Project Manager jjr cc: Tom Manke i • DAI-IL • & ASSOCIATES, INC. Environmental Consultants,Contractors&Engineers February 28, 1.996 Mr. Tom Manke ZAHL Equipment, Inc. 3101 Spring Street, N.E. Minneapolis, MN 55413 Dear Tom: RE: Proposed Soil Ventilation and Air Sparging Pilot Test at the Former People's Plus Station Located at 2280 West County Road I, Moundsview, MN. Attached for your review please find a proposed pilot study layout. Please review the layout and provide me with any comments that you may have. To conduct a pilot test, DAHL has proposed the installation of two soil vapor vents,three soil • vapor probes, and one sparge point. All of the structures will be completed flush with the ground. Drilling of these structures can be completed in approximately two days. The locations of the structures are designed to give us the information we need, as well as not to interfere with your business traffic. The pilot test itself will take approximately three days to complete. During the three day pilot test a DAHL technician will be collecting data from each of the pilot structures and from some of the existing monitoring wells. I don't anticipate causing any disruption to your business during the pilot test. If you have questions regarding the work, don't hesitate to call me, I'll be glad to answer any of your questions. Sincerely, DAHL &ASSOCIATES, INC. Je Ryan Project Manager jjr • Enclosure: 1). Pilot Test Layout Map 4390 McMenemy Road•Saint Paul,Minnesota 55127•(612)490-2905•FAX(612)490-3777 • w 1-4 Qo cnVI 2 J zea 00 ,i Cl] (72) zz s2 T r 1 a.m iW-7 . o Q, �l aZ • I i ro U � -� I � ]1 r, H i- L. . . w� I .•u, I G I • f • II iL ' . \ ,..., .7 113 �_ • iW , w� J iolam Fn IJ L — ® ; I.4.1 Jy 1� N z H i hh//H��,, J I CD 1 • p C......)J� 0O • Z_ F- am '(5- . . c � � y� _ \ Q� V , 1 HO U X r) L 6 L.d O N V E 1 r+' ; N O 1125.02 1125.02 • 1125.02: VARIANCES AND APPEALS: Subd. 1. Board of Adjustment': a. Composition: The Board of Adjustment and Appeals shall consist of all members of the Planning and Zoning Commission. All members shall serve without compensation. • b. Organization and Meetings: The Board of Adjustment and Appeals may elect a chairman from among its appointed members for a term of one year, and the Board may create and fill such other offices as it may determine. The Board shall meet by order of its chairman, after notice. whenever an appeal has been properly presented to it. A two-thirds (2/3) vote of a properly convened Board meeting shall be required to grant the relief sought in the appeal. c. Records: All written reports and recommendations to the Board of Adjustment and Appeals from the City staff shall be entered in and made part of the permanent written record of the Board's meeting. Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of his land. No use variances may be issued. A variance may be granted • only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances. apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That the special conditions or circumstances do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands. structures or buildings in the same district. .. See also Chapter 402 of this Code. • City of Mounds View 1125.01 1125.01 not be considered again by the Planning and Zoning Commission or City • Council for at least six (6) months from the date of its denial and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning and Zoning Commission or City Council for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths (4/5) vote of the City Council. f. Lapse of Conditional Use Permit by Nonuse: Whenever, within one year after granting a conditional use permit. the work as permitted by the permit shall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested, in writing, and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the Planning and Zoning Commission for a recommendation and to the City Council for a decision. g. Performance Bond: (1) Upon approval of a conditional use permit, the City shall be provided with a surety bond, cash escrow, certificate of deposit, securities • or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the conditional use permit and the Code of the City. (2) The security shall be in the amount of the Director of Public Works/City Engineer's or City Building Inspector's estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the Director of Public Works/City Engineer and Building Inspector. ^ .- '. :S S .- -^ • I . ru . -* ar. . _.- proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and codes of the City has been issued by the City Building Inspector. (4) Failure to comply with the conditions of the conditional use permit and/or the codes of the City shall result in forfeiture of the security. (1988 Code §40.25: 1993 Code) • Cav of Mounds View 1125.02 ' 1125.02 • e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The Board of Adjustment and Appeals may impose such restrictions and conditions upon-the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. Subd. 3. Appeals: If the Board acts in favor of the appellant, it, thereupon, shall issue an order to the administrative official involved setting forth the terms and conditions adopted. Said order shall be signed by the chairman and the City Clerk-Administrator or secretary of the Board. If the Board denies the applicant's relief. the applicant, within sixty (60) days from the decision of the Board, may appeal to the City Council for the relief sought. • Subd. 4. Procedures: a. Requests for a variance or appeal shall be filed with the City Clerk- Administrator on an official application form. Such application shall be accompanied by a fee as outlined in Section 1125.04 of this Chapter. This fee shall not be refunded. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials necessary for the explanation of the request. b. Upon receiving said application, the City Clerk-Administrator shall refer the application. along with all related information, to the Board of Adjustment and Appeals and City staff. c. After receiving the City staffs report and recommendations concerning a request for variance or an appeal. the Planning and Zoning Commission. serving as the Board of Adjustment and Appeals, may set a date and hold a hearing on said request. The Board shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten (10) days before the date of hearing to the person who filed the appeal or request. to all owners of property, according to the City assessment records. within three hundred fifty feet (350') of the property to which the variance relates. • • Citi:of Mounds View 1125.02 • 1125.03 d. Failure of property owner to receive notice shall not invalidate any • such proceedings as set forth within this Title. e. The Planning and Zoning Commission, serving as the Board of Adjustment and Appeals, shall make a finding of fact and shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request. f. A variance of this Zoning Code or the granting of an appeal shall be by two-thirds (2/3) vote of the full Planning and Zoning Commission serving as the Board of Adjustment and Appeals. g. The City Clerk-Administrator shall notify the originator of the variance request or appeal of the Board of Adjustment and Appeals decision in writing. Subd. 5. Lapse of Variance or Appeal: Whenever, within one year after grantin a variance or appeal, the work as permitted by the varianceg or shall not have been completed, then such variance or appeal shall becoe null and void unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment and Appeals. Such extension shall be requested, in writing, and filed with the City Clerk- Administrator at least thirty (30) days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts, showing a good faith attempt to complete the work permitted in the variance or appeal. (1988 • Code §40.26) • 1125.03: CERTIFICATE OF OCCUPANCY: Subd. 1. Application: A certificate of occupancy shall be obtained before: a. Any building hereafter erected or structurally altered is occupied or used. b. The use of any such building is altered. Subd. 2. Procedure: a. A certificate of occupancy shall be issued after the Building Inspector has found that the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Title and all applicable building codes'. 1. See Tide 1000 of this Code. 1110 • City of Mounds View • MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: March 20, 1996 SUBJECT: CONTINUED SIGN CODE REVISION DISCUSSION Discussion at the February 28, 1996 meeting addressed#1, #4, and#5 under General/Misc. on the Sign Code Issues list. Attached is a copy of the revised sign code with additions noted in italics. Rebecca Witz, of 7965 Fairchild will be addressing the Planning Commission at the March 20,1996 meeting to voice her concerns over noncommercial opinion signage. Staff contacted the City of New Brighton for a copy of their noncommerical speech sign ordinance. This ordinance has been upheld in the District Court,the Minnesota Court of Appeals,and the U.S. Supreme Court. Essentially,New Brighton's Code restricts the size of personal expression signage to six square feet,requires all signage to adhere to the required setbacks, and can be located within residential, commercial or industrial districts. • If you have any questions,please do not hesitate to contact me at 784-3055. • CITY NEW BRIGHTON TEL :6382044 Mar 11 '96 16 :04 No .017 P .01 • ORDINANCE NO. CITY OF NEW BRIGHTON COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTIONS 9-010,9-030, AND 9-040, AND ADDING NEW SECTION 9-180 TO THE NEW BRIGHTON CITY CODE, PROVIDING FOR SIGNS DISPLAYING NON-COMMERCIAL SPEECH THE CITY COUNCIL OF THE CITY OF NEW BRIGHTON DOES ORDAIN: SECTION 1. New Brighton Code Section 9-010 is amended as follows: Sec. 9-010. Purpose. It is the intent of this chapter to permit the use of signs which are compatible with their surroundings and are legible while at the same time assuring that the public is not endangered or distracted by the unsafe or Indiscriminate use of such signs. The Council has determined that the regulations set forth in this 110 chapter are necessary for the following reasons, among others: to preserve the residential character of residential neighborhoods; to preserve order and cleanliness; to avoid the appearance of clutter; to protect property values; to avoid litter and the growth of weeds around signs; to reduce the traffic hazard caused by distractions to motorists and impairment of sight lines; to ensure that the City remains an attractive place to live and work; to reduce administrative burdens; and to orotect the health, safety, welfaret morals, convenience and comfort of the public. • • •ew ;r g on ••e -ec ion •-' t is amended by adding new paragraph (o) as follows and relettering subsequent paragraphs accordingly: (o) Non-Commercial Opinion Signs. A sign which does not advertise products, goods, businesses or services and- which expresses an opinion or other point of view. An Electric Sign may not be used in residential districts as a Non-Commercial Opinion Sign. • 1 CITY NEW BRIGHTON TEL :6382044 Mar 11 '96 16 :05 No . 01 • SECTION 3. New Brighton Code Section 9-040, paragraph (c)(8) is amended as follows: (8) One (1) campaign sign per candidate and issue on each frontage is permitted from the last day of candidacy filing, or one (1) month before the election, whichever is later. Such signs shall not exceed six (6) square feet in area and shall be not more than four (4) feet in height. Such signs are permitted on private property only and may be placed only upon approval of the property owner. No such sign may be located closer than seven (7) feet to the paved portion of a street. Where the sign is situated not closer than one hundred fifty (150) feet from the property line of an occupied residence, • the area of the sign may increase to thirty-two (32) square feet and the height increase to six (6) feet; however, such sign must be set back from the property line a distance equal to one-third the distance of the district front yard setback requirement. Any sign permitted by this paragraph may be used, in lieu of other uses permitted by this paragraph, as a Non-Commercial Opinion Sign. SECTION 4. New Brighton Code Section 9-040(c) is amended by adding new paragraph (16) as follows: (c) The following signs are subject only to section 9-040(e) and do not require permits. 444 [Paragraphs 1 through 15 are unchanged.] (16) In addition to all other signs permitted under this Chapter, each lot which is being used for residential purposes may contain one Non-Commercial Opinion Sign for each street frontage. Such signs are permitted on private property only, may be placed only upon approval of the property owner, may not exceed six (6) square feet in area or four (4) feet in height, may not be located closer than seven (7) feet to the paved portion of a street, and must be at least five (5) feet from any other privately owned property. SECTION 5. The New Brighton Code is amended by adding new section 9-180 as follows: Sec. 9-180. Non-Commercial Opinion Signs in Commercial and Industrial Districts. Any single sign or signable area permitted on a site which is devoted to any commercial or industrial use (whether as a permitted use, accessory use, conditional use, or non- conforming use) may be used, In lieu of other signage nermitted•.under this Chapter, as a Non-Commercial Opinion Sign. In addition to such sign, any permitted Billboard my be used as a Non- Commercial Opinion Sign. • 2 LilT Ntw liK!bH1ON TEL :6382044 Mar 11 '96 16 :05 No .017 P .03 •SECTION 6. This ordinance shall take effect on the day following its publication. Adopted this day of , 1991. Robert Benke, Mayor David Childs, City Manager ATTEST: Margaret Egan, Finance Director/City Cleric (SEAL) S • 3 • Chapter 1008 SIGNS AND BILLBOARDS SECTION: 1008.01: Definitions 1008.02: Building Permit Required;Exceptions 1008.03: Application for Permit 1008.04: Permit Fees; Waiver 1008.05: Issuance of Permit; Conditions 1008.09: Location,Design and Construction Standards 1008.10: Violation of Provisions 1008.01: DEFINPTIONS: The following terms have the meanings ascribed to them in this Section: Insert as: ABANDONED SIGNS:Any sign which identifies a use that has discontinued SubcL 1) operation for a period of more than three (3) months or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned Permanent signs applicable to a business temporarily suspended • because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of more than three (3) months. Subd. 1. BANNER: An attention-getting device, the materials of which consist of paper, cloth or of other man-made materials and which are of a temporary nature. Subd. 2. BILLBOARD: An advertising sign located off the premises where the advertised product is sold or offered. It is usually, but not necessarily, owned by an advertising company. Subd. 3. BUSINESS OCCUPANT: An individual or group of individuals owning, renting or leasing a building or part thereof to conduct a business separate of others. Subd. 4. BUSINESS SIGN: A sign that states the proper name of the business, organization or institution located on the premises on which the sign is located. Subd. 5. GROUND SIGN: A detached sign erected upon or supported by the ground and not attached to any building. Subd. 6. PEDESTAL SIGN: A ground sign erected upon a single post or shaft or upon two (2) posts to shafts that merge or touch at the base or which are not more than fifteen(15') apart, center of shaft to center of shaft, with the display portion mounted on top thereof at least seven feet (7') above the surface of the street adjacent to the property on which the sign is located. No such sign shall have a sign area of more than three 2 hundred forty(340) square feet on each side. No businessro than one pedestal sign adjacent to each street upon whichp pem'uch ehall have more abuts; provided, that on each street frontage of more than one undress ed feepeope0ty additional pedestal sign may be established and maintained on such sttreet frontage if ), one such additional pedestal sign a)is located on a single pole, b) doe does twenty-eight(28) square feet in an area on any side and does not have notr exceed (2) sides, c)is not more than four feet(4')in width or seven(7') more than two the street. In lieu of one additional pedestal sign, above the surface of located on the same pole, but such two (2) signs two (2) separate signs may be or dimensions, the limitations applicable to a single dd additional all not exceed, in area pedestal sign shall be so designed as to have both a)movingpedestalabi blinkinglights. sign. No gh In addition to the pedestal signs parts, and b) moving or of this subdivision, a sign advertising a publimay ted by e located in ahead of the building setback line on the structure in which forgoing provisions l the area located. such public telephone is Subd. 7. PORTABLE SIGN: A back to back, mobile advertising mounted on wheels and used for commercial as well aspromotions. device whichhmay be Subd. 8. p omotions. PROJECTING SIGN: A sign other than a wall sign suspended fro by a building or structure and projecting out therefrom, mor supported Subd. 9. ROOD SIGN: A sign erected • orupon or above the roof or parapet wall of a building structure. Subd. 10. SIGN: A sign, the primary function of which is to direct attention to a product, service or activity that is sold or offered either elsewhere or upon the where such sign is located or to which it is affixed. premises Subd.l l SIGN, ADVERTISING: attention to a product, service r activity that the primary�function of which is to direct upon the premises where such signsold or offered either elsewhere or is located or to which it is affixed. Subd. 12. SIGN AREA: That area of a sign bears the announcement, name, advertisement witlthe or othelines of the surface, which letters, figures or symbols, attached directlyto any mof essage or,ninthe areaer of which is included in the smallest rectangle hich cbe made tobuilacirc thems letter, figure or symbol displayed thereon. circumscribe each Subd. 13. SIGN, DIRECTIONAL: A sign for the purpose of making specific industrial or public and semi-public locations known and to assist in commercial, locations on the property which the sign is located. finding these • • 3 Subd. 14. SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all time when such sign is in use. Subd. 15. SIGN, IDENTIFICATION: A sign, the primary function of which is to identify a residential, commercial, industrial or public or semi-public use located upon the premises where such sign is located or which to the product, service or activity that is sold or offered upon the premises. Signs identifying industrial uses may call attention to the product,goods, or material which is produced, processed assembled or stored upon the premises. Subd. 16. SIGN, ILLUMINATED: Any illuminated sign on which the artificial light is maintained stationary and/or constant in intensity and color at all times when such sign is in use. Subd. 17. TEMPORARY SIGN: A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, a sign structure or a building. Subd. 18. WALL SIGN: A sign attached to or erected against the wall of a building or • structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. 1008.02 BUILDING PERMIT REQUIRED; EXCEPTIONS: Subd. 1 Permit Required: It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate an outdoor sign or structure, as defined in Section 1008.01 of this Chapter, in the Municipality without first obtaining a permit therefor as required by this Chapter, except as provided in subdivision 2 of this Section. (1988 Code XX 39.02) Subd. 2 Exceptions: Permits need not be obtained, but the other provisions of this Chapter shall be observed, for the following types of signs: a. A sign not exceeding ten(10) square feet in area, pertaining only to the sale, rental or lease of the premises, upon which displayed. b. A sign on residential property"stating only the name of the occupant, which sign shall not exceed two (2) square feet in area. c. A sign on property on which a public, charitable or religious institution is located, stating the name and nature or the occupant and information as to the conditions • of use or occupancy or a sign on such property used by the institution as a bulletin board, which sign shall not exceed ten(10) square feet in area. 4 d. A wall sign advertising the business located in the building on displayed, where such sign is erected by the owner or proprietor whichlocated therein. p or of the business e. A campaign sign as provided for in subdivision 1008.08 12 0 (1988 Code §§39.03; 1993 Code) ) f this Chapter 1008.03: APPLICATION FOR pg provided by the Clerk-Administrator Application forpermits ministrator and shall inc udhe following shall upon forms Subd.1 The name, address and telephone number of theO�nation: Subd. 2 applicant. The location of the building, structure or lot to which or upon which the sign is to be placed. Subd. 3 The position of the sign or other advertising structure in relation to nearby buildings, structures and streets or highways, if necessary. Subd. 4 Two 2 ( ) blueprints or ink drawings of the plans and specifications methods of construction and attachment to the buildin and Subd. 5 A copy of the g ground. stress sheets and calculations may be required by the In411 on larger signs, showing that the structure is designed pressure in any Inspector, direction in the amount required bhis Chapterandandoad othernd applicable law. any Subd. 6 The name of the person erecting the structure if of the person on whose roe � not the applicant, or the name applicant, p p rtY the structure is to be located, if not the Subd. 7 The written consent of the owner of the property,P rty, if not the applicant. Subd. 8 A statement as to whether the sign will be illuminated or not. Subd. 9 A statement as to whether any electric lights on the sign will be "moving" or blinking. Subd. 10 A statement as to whether the sign gn will be sin faced, double-faced or multi- Subd. 11 A statement as to whether or not the copy on the Subd. 12. A statement as to whether or not the sign will be changeable .copy on the sign will relate only to the • 5 business or activity conducted on the premises on which the sign is to be located. (1988 Code 39.09) 1008.04 PERMIT FEES; WAIVER Subd. 1. Fee: The application for a permit shall be accompanied by the required permit fee. The permit fee shall be established by resolution of the City Council. (1988 Code §§39.10) • Subd. 2. Waiver: the Council may, in its direction, waive the fee required by the Section where the signs are to be erected by civic or religious organizations. (1988 Code §§ 39.11) 1008.05: ISSUANCE OF PERMIT; CONDITIONS; Subd. 1. Issuance: Upon presentation of application, permit fee, plans and specifications and other required information, the sign construction permit shall be issued by the Clerk-Administrator, except as provided in Subdivision 2 of this Section. • Subd. 2. Special Approval from Council: In the case of an application for a sign requiring a special permit or which will be illuminated or moving or of unusual height, size, design, or location, the Clerk-Administrator shall refer such sign to the Council for approval. No permits for any such sign so referred, shall be issued without first obtaining the approval of the Council. (1988 Code §§ 39.14) 1008.06: SIGN INSTALLER'S LICENSE PROVISIONS: Subd. 1. License Required: No person shall engage in the business of installing signs nor shall be entitled to receive a permit to install a sign in connection with such business unless he first is licensed by the Municipality to do so Subd. 2. Application and Fee: A license may be granted by the Council upon written application to the Clerk-Administrator and accompanied by an annual license fee as established by resolution of the City Council. (1988 Code §§ 34.05) Subd. 3 Liability Insurance: Any person holding a licensee shall file with the Clerk- Administrator policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license and which shall contain a provision that they shall not be canceled without ten(10) days' written notice to the Municipality. Public liability insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to nay one person and subject to the same limit for each person in an amount not less than three thousand dollars ($300,000.00) on 6 • account of anyone accident, and property insurance in the amount to of not less than fifty thousand dollars ($50,000.00) (1988 Code §§ 39.07) Subd.4. Expiration: Licenses shall be issued on an annual basis, with the license year running from July 1 through the following June 30. (1988 Code §§ 39.08) Subd.5 Revocation: A license may be terminated and renewal thereof may be denied by the Council for cause after notice to the licensee and reasonable opportunity for the licensee to be heard on the question of such termination. Cause shall include any repeated or persistent violation of the requirements of this Chapter (1988 Code§§$ 34.06) 1008.07: MAINTENANCE OF PREMISES: Premises on which ground signs are located shall be maintained free of weeds and debris, and where landscaping was part of the original sign permit, such landscaping shall be maintained in the manner provided in such permits. 1008.08: LOCATION,DESIGN AND CONSTRUCTION STANDARDS: Subd. 1. General Standards: Every sign shall conform to the standards of this Section whether or not a permit therefor is required,"and nothing contained herein shall be construed as modifying or repealing any of the provisions of this Code relating to zoning'. No sign shall be so located as to obscure or tend to obscure any existing sign. The following additional requirements are to be observed: a. All signs shall be constructed in accordance with the Minnesota State Building Code. b. All electric signs shall be approved and labeled as conforming to the standards of the Underwriters'Laboratories, Inc. the United States Bureau of Standards or other similar institutions of recognized standing. All illuminating elements shall be kept in satisfactory working condition or immediately repaired or replaced Signs that are partly illuminated shall meet all electrical requirements for that portion which is illuminated c. All permanent freestanding signs shall have self-supporting structures erected on and permanently attached to concrete foundations. d For wall signs, the wall must be designed for and have sufficient strength to support the sign. • . 7 e. Signs shall be constructed to withstand the following wind loads: 1. for solid signs, 30 pounds per square foot on one face of the sign; and 2. for other signs, 36 pounds per square foot of the total surface, or 10 pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater. f. Each ground sign shall be securely built, constructed and erected on the ground. Temporary signs shall be so designed that they are not readily overturned. g. No sign structure shall be attached or placed upon any building in such a manner as to obstruct any fire escape or nay window or door nor shall any sign structure be attached to a fire escape. h. No sign erected before the effective date hereof shall be rebuilt; altered or removed to a new location without being brought into compliance with the requirements hereof. i. No swinging sign shall hereafter be erected or hung on or attached to any building within the Municipality, and every such sign so erected. Hung or attached prior to the effective date hereof which is deemed unsafe by the Building Inspector shall be immediately removed by the owner thereof or changes to conform with the requirements of this Chapter when so ordered by the Building Inspector. j. Where portions of a sign are subject to a different classification, each portion shall meet the requirements of a classification. k. Each sign requiring a permit shall have an identifying number to be provided by the Inspector, which number shall be posted on the exterior surface of the sign structure in a location where such information will be readily visible after the sign is constructed. 1. All signs and sign structures shall be maintained in a safe condition and in a state of good repair at al times. No sign shall display matter that has been deemed obscene by a court of competent jurisdiction. m. Each sign shall be used and maintained only in the manner permitted and subject to the conditions imposed at the time the permit therefor was granted. • n. The following additional conditions shall be observed: • 8 any such sign be placed within six feet(6') of the side of any lot nor nearer that fifteen(15')to any street line where there is no established or customary building line nor within twenty five feet(25') of any street corner right of way. Whenever the established or customary uniform building line upon the street where such ground sign is to be erected is more than fifteen feet(15')from the street or property line, then such sign shall not approach nearer the street than the established uniform building line'. (2)The owner, lessee or occupant of the land on which the ground is located and the owner of the sign shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris. (3) All parts of ground signs shall be designed for wind pressure of not less than thirty(30) pounds per square foot, and ground signs of wood construction shall have all members which extend into the ground protected from decay by treatment with a preservative approved by the Building Inspector. (4)No permit shall be granted for the location of any ground sign having a sign area of more than forty(40) square feet within one hundred feet (100') of any single family residence; provided that the Council may grant a special permit therefor if the owner of such residence gives his written consent thereto. • (5)Pedestal signs permitted by the zoning regulations of the Municipality' and by this Chapter may be located adjacent to the right of way of a street or highway, but no part thereof shall extend over such right of way. (6)No sign shall exceed thirty five feet (35') in height (1988 Code §§ 39.14) Subd. 2 Signs allowed by District: The following requirements are for allowable signs as they pertain to zoned districts: a. R-1 Single Family Residential Districts (1) A name on residential property stating only the name or address of the occupant not exceeding two (2) square feet in size. (2) A sign not exceeding ten(10) square feet in area pertaining only to the sale, rental or leasing of the premises upon which displayed. (3) A sign, as allowed in subdivision 1106.03 (3) of this Code, pertaining to home occupations. • ' See Title 1100 of this Code. • 9 (4) Signs as allowed in subdivision 11 of this Section. b. R-2 Single and Two-Family Residential District: Signs as allowed in Subdivision 2a hereof. c. R-3 Medium Density Residential District: Signs as allowed in Subdivision 2a hereof. d. R-4 High Density Residential District: (1) Signs as allowed in subdivision 2a hereof. (2) Direction signs for office, model, apartments, etc., locations not exceeding five (5) square feet. e. R-O Residential-Office District: Signs as allowed in subdivision 2d hereof. f. B-i Neighborhood Business District: (1) Signs not exceeding one hundred (100) square feet total area combined. This • includes all types of permanent signs, as defined in Section 1008.01 of this Chapter. (2) Temporary signs, as allowed in subdivision 9e if this Section. g. B-2 Limited Business District: (1) Signs not exceeding one hundred (100) square feet per business occupant. This includes all types of permanent signs, as defined in Section 1008.01 of this Chapter. (2) Temporary signs, as allowed in Subdivision 9e of this Section. h. B-3 highway Business District: Signs as allowed in subdivision 2g hereof. i. B-4 Regional Business District: Signs as allowed in subdivision 2g hereof. j. I-1 Light Industrial District: Signs as allowed in subdivision 2g hereof. k. Other Signs Allowed in Certain Districts: B-3 Highway Business District, B-4 Regional Business District and I-1 Light Industrial District may have, besides the • one hundred (100) square feet signage per business occupant, one general pedestal sign not exceeding three hundred forty(340) square feet. Only one pedestal sign is 10 • allowed per property. Subd. 3 Traffic-Control Related Sign Regulations: Compliance with the following regulations relative to traffic control is required: a. No moving or flashing sign shall be located or maintained within fifty feet (50') of an intersection at which traffic semaphores are located. b. No sign shall be designed, located or maintained so as to be likely to obscure or conceal or cause confusion as to any traffic-control sign or device. c. No sign shall be located or maintained on or over any public street or highway right of way unless specifically permitted by the zoning regulations of the Municipality.2 d. There shall be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract automobile traffic as to constitute a safety hazard. The illumination of any sign located near a residential district shall be defused or indirect and located so as not to direct light on residences.' No flashing sign shall be located in such close proximity to residencies or residential property as to constitute a nuisance to persons residing on the property by reason of flashing of the lights in such sign. e. The sign shall be located or maintained so as not to interfere with the ability of drivers or pedestrians to see any crossroad or crosswalk.' Subd. 4 Clearance of Signs from Conductors: the minimum clearance of any sign from unprotected electrical conductors (whether poles or other installations) shall not be less than thirty six inches (36")for conductors carrying not over six hundred (600) volts and forty eight inches (48") for conductors carrying more than six hundred (600) volts. Subd. 5 Signs Along Freeways: Except as otherwise provided in this Chapter, signs located on property adjacent to any freeway within the Municipality(including Interstate Highway 35W) shall be business signs advertising business being conducted in the premises on which the signs are located. No "traveling" or changing-message signs shall be located so as to face any freeway or be visible from the freeway. The 2 See Title 1100 of this Code; see also subdivision 604.03 (3) n of this Code. 3 See Section 1103.09 of this Code. 411 4 See also Subdivision 604.03 (3)b of this Code. • 11 provisions of this subdivision, however, shall not be construed to render illegal or nonconforming any signs which are legally located along any such freeway at the effective date herein. Any billboard legally located along any such freeway at the effective date hereof may be replaced, subject to compliance with the other provisions of this Chapter, either in the same location or at another location along any such freeway; provided that such alternate location is first approved by the Council. Subd. 6 Projection Signs5: the following standards shall be maintained for all projections signs: a. All portions of projection signs shall be designed for a wind pressure of not less than thirty(30) pounds per square foot. b. Such signs shall not project over public street right of way but may project over sidewalks located on private walks. No such sign shall be less than twelve feet (12') above the level of the sidewalk; provided that such signs which do not exceed four(4) square feet and which do not project more than two feet (2') over the sidewalk may be eight feet (8') or more above the sidewalk. No projection sigr shall project beyond a curb line nor project more than eight feet (8') over any private sidewalk. • c. There shall be no more than two feet (2') of space between the inner edge of any such sign and the face of the wall from which it projects, nor shall the outer edge of the sign be more than eight(8') from the face of the wall. d. The building or structure from which any such sign projects and all attachments or fastenings must be so constructed as to safely resist the dead load and wind load added by the attached sign. e. All such signs shall be of noncombustible materials or of not less than one hour of fire-resistive construction. Subd. 7 Roof Signs: The following standards shall be maintained for all roof signs: a. No roof sign shall be located nearer than five feet (5') for the outside wall toward which it faces nor exceed twenty five feet (35') in height above the roof level of the building unless constructed integral with the building or structure, nor shall it project beyond the edge of said roof in any direction. b. Every such sign shall be either metal, metal clad, incombustible, open wire or open metal sign; except, that such sign may have letters, figures, characters or borders of wood if such borders do not exceed four inches (4") in width and such wooden • 12 • letters, figures, or characters do not cover more than twenty five percent (35%) the area of such sign; provided, that in place of sheet metal, substitution may be made of the following materials; tempered pressed wood or other similar materiF approved by the Building Inspector, having equal properties as to strength, fire E. moisture resistance. c. No such sign shall be so placed as to prevent passage of persons from one part of the roof to another. d. The building or structure upon which such sign is placed and all attachments or fastenings must be so constructed as to safely resist the dead loac and the wind load added by the attached sign and in such a manner as not to cau: damage to the building or structure on which such sign is placed. e. No roof sign shall be more than sixty five(65') in length, nor shall it extend more than twenty five feet (25') above the surface of the roof of the building on which is located. No roof sign shall extend more than forty five feet(45') above the average ground level of that part of the street toward which it faces. Subd. 8 Wall Signs: The following standards must be maintained for all wall signs: a. No wall sign shall have a projection over a private sidewalk or an established building line of more than twelve inches (12"). b. The materials, construction and attachment of any such sign shall meet the same standards and requirements as roof signs. Subd. 9 Banners, Temporary or Portable Signs: Temporary signs, as defined in Section 1008.01 of this Chapter shall comply with the provisions of hereof. The following standards shall be maintained for all banners, temporary or portable signs: a. Temporary signs and banners attached to any building constructed of canvass, plastic material, cloth or other material with or without framework, shall be strongly constructed and shall be securely attached to their supports. They shall removed (including all framework and supports) as soon as damaged or torn and in no case later than twenty one (21) days after erection. b. Banners and temporary signs shall not be larger than one hundred twenty(120) square feet in area for each twenty feet (20') of building frontage. There shall no be more than one temporary sign on any building frontage. c. No banner or temporary signs shall project over public property or right of but may extend a maximum of six inches (6") from the face of the building. • 13 d. Banners and temporary signs shall not be hung do as to cover, either partially or completely, any door, window or opening required for ventilation. e. No temporary sign, banner or portable sign shall be located on any multiple residence, commercial or industrial property in the City without first obtaining a permit therefor form the City. If the City determines to grant an application for a permit for any such temporary sign, banner or portable sign, it may impose conditions upon the granting thereof, and it shall be unlawful to locate or maintain any such sign or bannering for a longer period or in a different manner that specified in the permit. No such permit shall be granted, however, where such temporary signs, banners or portable signs are prohibited by other provisions of this Code. f. No portable sign or temporary sign shall exceed thirty two (32) square feet on each side. g. No portable sign, temporary sign or banner shall be located on any property in the City for more than twenty one(21) days at one time or for more than three(3) twenty one (21) day periods on any one year. • h. The Council may allow administrative approval of sign installation for signs of identical design being installed by a business or individual. Once Council approval has been obtained for a particular sign design, the applicant may receive administrative permits for the installation of such sign from the Clerk- Administrator following submittal of all relevant information as outlined in Section 1008.03 of this Chapter and receipt of applicable fees. Subd. 10 Billboards: A permit shall not be issued for any new billboard or advertising sign located off the premises where the advertised product is sold if such billboard or sign would be within three hundred feet (300') of any other such billboard or sign already in existence. Any billboard destroyed by an act of God may be rebuilt within thirty(30) days if the construction of same would comply with this subdivision. Subd. 11 Campaign Signs: the following regulations shall apply to all campaign signs for political candidates or issues: a. No more than one sign shall be erected per candidate or issue along each street frontage of any parcel of land. b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet (4') in height above the ground; except, where such signs are located no closer that • one hundred fifty feet (150')to the property line of a residential dwelling, the maximum size shall be thirty two (32) square feet, and the maximum height above 14 • the ground shall be six feet(6'). c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days before an election, whichever is earlier. d. All campaign signs must be removed no later than five(5) days after an election; except, that after a primary election, signs for the winning primary candidates need not be removed until after the ensuing general election(1988 Code §§ 39.14; 1993 Code) • 1008.09 VARIANCE Subd 1 It is recognized that regulations provided in this ordinance cannot sensitively handle all the sign situations in the City of Mounds View. Therefore, the City may approve a variance for a sign otherwise not permitted by these regulations where such exception would not be inconsistent with the intent of the sign regulations. Subd 2 Conditions to granting a sign variance. No variance shall be granted unless the City shall find that either condition (1) or(2) hereinafter set forth exists: (1) All of the following requirements must be met: • a. Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures, or buildings in the same district; and, b. That the special conditions and circumstances do not result from the action of of the applicant; and c. That literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by ot•• # 's- •',. •- • district and the terms of these sign regulations; and d That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures, or buildings in the same district; and e. The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of land (2) Any proposed signage beyond the maximum square footage permitted would have • the primary function of providing a public service. • 15 Subd 3Variance requests,fees. All requests shall be made in writing on theorm provided by the city and the request shall include the ee f Charges. All information required when applying f specified in the City s Fee Section 1008.03 shall be required before the request for a variancer a oder outlined in 1008.09: ABROGATION AND GREATER RESTRICTION: Where the conditions imposed by any provisions of this Chapter are either less than comparable conditions imposed by any other code, rule or regulations of th City, the code, rule or regulation which imposes the more restrictive conditio e standard or requirement shall prevail. (1988 Code §§ 39.14) n' 1008.10 VIOLATION OF PROVISIONS: a. Any person found violating any of the provisions of this Chapter shall beit a misdemeanor. (1988 Code §§ 39.15) ty of b. REMOVAL OFABANDONED OR ILLEGAL SIGNS.• I. The City Clerk Administrator, or his/her designee, may order the r • any sign erected or maintained in violation of this ordinance. Ten(10) of notice in writing shall be given to the owners of such Sip days • building structure or premises on which such sign is loated, to eiother bner rinf g the sign into compliance with this ordinance, or effect its removal. Upon failure to remove the sign or to comply with this notice, the City Clerk-Administrator, or his/her designee, shall remove the sign. damage to an impounded sign. The ' The City may not be held liable for any p City shall remove the signs immediately and without notice if it reasonably appears that the condition of tsign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the City shall be assessed to the owner of the property on which such sign is located or may be collected in •,, ,, , • 2. The City, at any time and without notice, order the immediate im signs which have been installed on public property, within a pubic r -ont of way or within a public easement. g f 3. The city shall have no obligation to notes a property owner that it impounded temporary sign. has an 4. Payment of Impoundment Release Fee. A within one calendar year,for a particular p opera ill subsequent eq it enen), double the initial impoundment fee. p of • 16 • 5. Any impounded sign must be retrieved from the impound areas within 30 days of the impoundment or the City will dispose of it. • • •