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HomeMy WebLinkAboutResolution 9647RESOLUTION 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; Resolution 9647 Page 2 of 2 FINDING: The use shall comply with City Code requirements for maximum brightness and glare, and have no adverse effect upon adjacent residential properties. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use; FINDING: The use is reasonably related to the overall needs of the existing land use. 5. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use; FINDING: The use is consistent with Mounds View City Code §160.088(G) (Conditional Uses), §161.038(H)(3)(b) (Dynamic Display Signs), and Minnesota Statute §462.357, Subd le (Nonconformities); 6. The use is not in conflict with the Comprehensive Plan of the city; FINDING: The use is not applicable to the Comprehensive Plan; 7. The use will not cause traffic hazards or congestion; and FINDING: The use, as compliant with Mounds View City Code 161.038(H) (Dynamic Display Signs), will not cause traffic hazards or congestion; 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. FINDING: The use will have no additional impact to existing utilities, access roads, drainage and facilities. WHEREAS, a Public Hearing was held on Monday, November 14, 2022 at 6:30 PM. A Public Hearing Notice was published in the October 25, 2022 Shoreview Press, and mailed to property owners within 350' of the subject property; and, NOW, THEREFORE, BE IT RESOLVED, after consideration of the application, staff report, Planning Commission Recommendation, and public testimony, the Mounds View City Council Approves a Conditional Use Permit for a Dynamic Display, with the following conditions: The sign shall comply with Mounds View City Code 161.038(H) (Dynamic Display Signs), including, a maximum glare of 1.0 foot candle (fc) measured from the center line of the street, and 0.4 fc measured from an adjoining residential property (City Code §160.031). Adopted this 14t,ti day of November, 2022 Attest: r� Carol A. Mueller, or Nyle nistrator 11111111111111111111111111111111111111111 Doc No A04980547 Certified, filed and/or recorded on Feb 17, 2023 1:37 PM Office of the County Recorder Ramsey County, Minnesota Todd J. Uecker, County Recorder Heather L. Bestler, County Auditor and Treasurer Deputy 308 Pkg ID 1563052M Document Recording Fee Abstract $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. MOUNDS VIEW 2401 Highway 10•Mounds View, MN 55112-1499 Phone:763.717.4000 • Fax:763.717.4019 STATE OF MINNESOTA) ss. COUNTY OF RAMSEY) I, the undersigned, being the duly qualified City Administrator of the City of Mounds View, Minnesota, hereby certify that I have carefully compared the attached and foregoing document with the original thereof on file in our office, and the same is a full, true and complete copy thereof, insofar as the same relates to: Resolution 9647 PID:06-30-23-13-0078 Resolution Approving a Conditional Use Permit for a Ground Sign with a Dynamic Display, 8211 Red Oak Drive WITNESS MY HAND officially as such City Administrator and the corporate seal of the City of Mounds View this 6th day of February 2023. „ 2 ij Ny Zikm d, City Administrator VT • �� i • y i • • Page 1 of 1 ( —. 3