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HomeMy WebLinkAbout1153-22 CUP for Dynamic Display Abiding SaviorMOUNDS VIEW PLANNING COMMISION RESOLUTION 1153-22 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF 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: PID: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 1e, 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, Mounds View City Code 160.452(B) includes criteria for granting a Conditional Use Permit (Findings in italics): 1. 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. 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. Resolution 1153-22 Page 2 of 3 The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties; 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 1e (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; 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 is to be 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, the Mounds View Planning Commission recommends Approval of a Conditional Use Permit for a Dynamic Display, with the following conditions: 1. 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). NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council prior to approval of the minutes. Resolution 1153-22 Page 3 of 3 Adopted this 2"d day of November, 2022 ctor