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HomeMy WebLinkAbout01-08-2020 PCAPPROVAL OF THE AGENDA APPROVAL OF MINUTES December 4, 2019 Planning Commission Regular Meeting 12 -04 -19 PC MINUTES.PDF PLANNING CASES Planning Case 19 -017 - Arden Shoreview Animal Hospital - CUP Amendment (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF Planning Case 19 -019 –Non -Commercial Signs -Zoning Amendment (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS Report From The City Council Planning Commission Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair: Nick Gehrig Commissioners: Steven Jones James Lambeth Subbaya Subramanian Paul Vijums Jonathan Wicklund Clayton Zimmerman Council Liaison: Steve Scott Planning Commission January 8, 2020 6:30 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. Agenda CALL TO ORDER 1. 2. 2.A. Documents: 3. 3.A. Documents: 3.B. Documents: 4. 5. 5.A. 5.B. 6. APPROVAL OF THE AGENDAAPPROVAL OF MINUTESDecember 4, 2019 Planning Commission Regular Meeting12-04 -19 PC MINUTES.PDFPLANNING CASESPlanning Case 19 -017 - Arden Shoreview Animal Hospital - CUP Amendment (Public Hearing Required)MEMO.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDFATTACHMENT D.PDFATTACHMENT E.PDFATTACHMENT F.PDFPlanning Case 19 -019 –Non -Commercial Signs -Zoning Amendment (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS Report From The City Council Planning Commission Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair:Nick GehrigCommissioners:Steven JonesJames LambethSubbaya SubramanianPaul VijumsJonathan WicklundClayton Zimmerman Council Liaison:Steve Scott Planning Commission January 8, 2020 6:30 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. AgendaCALL TO ORDER1.2.2.A.Documents:3.3.A.Documents:3.B. Documents: 4. 5. 5.A. 5.B. 6. Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, DECEMBER 4, 2019 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Vice Chair Steven Jones called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Commissioners Steven Jones, James Lambeth, Paul Vijums, Jonathan Wicklund, and Clayton Zimmerman. Absent: Chair Nick Gehrig and Commissioner Subbaya Subramanian. Also present were: Community Development Manager/City Planner Mike Mrosla, Associate Planner Joe Hartmann, and Councilmember Fran Holmes. APPROVAL OF AGENDA – DECEMBER 4, 2019 Vice Chair Jones stated the agenda will stand as published. APPROVAL OF MINUTES November 6, 2019 – Planning Commission Regular Meeting Commissioner Zimmerman moved, seconded by Commissioner Lambeth, to approve the November 6, 2019, Planning Commission Regular Meeting as presented. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 19-016; Expansion of the Boundaries of Development District No. 1 – Public Hearing Not Required Community Development Manager Mrosla stated the City Council is expanding the boundaries of Development District No. 1 to be coterminous with the corporate boundaries of the City. Prior boundaries excluded TCAAP and other property in the City north of Highway 96. The City Council is modifying the boundaries in preparation of creating two new TIF districts for ARDEN HILLS PLANNING COMMISSION – December 4, 2019 2 TCAAP. As required by State Statute, they have to consult with the Planning Commission on if expanding the boundaries is consistent with development plans (comprehensive plan) of the City, which it is. He reported Stacie Kvilvang with Ehlers & Associates had a presentation for the Commission on this topic. Stacie Kvilvang, Ehlers & Associates, discussed the expansion of the boundaries for Development District No. 1 in further detail with the Commission. She explained this request was being made to allow for new TIF Districts in the community while also making the boundaries coterminous with the corporate boundaries of the City. Vice Chair Jones opened the floor to Commissioner comments. Commissioner Lambeth asked what action the Commission would be making with respect to this item. Ms. Kvilvang requested the Commission recommend adoption of a Resolution that would approve the Expansion of the Boundaries of the Development District No. 1. Commissioner Lambeth commented on how TIF districts were utilized by the City for development or redevelopment projects. He stated the proposed Resolution would create two TIF districts. Ms. Kvilvang explained the proposed Resolution would expand the boundaries of Development District No. 1 and would not actually create new TIF Districts. She reported the creation of new TIF Districts would require City Council action. Commissioner Vijums questioned if the boundary area was all owned by Arden Hills. Ms. Kvilvang indicated the corporate boundaries of the City were the corporate boundaries of the City, but noted the expansion area (TCAAP) was owned by Ramsey County and the federal government. Vice Chair Jones requested clarification as to what action will be taken on December 16, 2019. Ms. Kvilvang reported the City Council would be holding a public hearing on December 16th. Commissioner Vijums moved and Commissioner Zimmerman seconded a motion to recommend the City Council adopt a Resolution approving the Expansion of the Boundaries of the Development District No. 1. The motion carried unanimously (5-0). B. Planning Case 19-015; 3244 Sandeen Road - Variance – Public Hearing Not Required Associate Planner Hartmann stated the applicants are requesting a variance to build a single- family detached dwelling on the Subject Property adjacent to Lake Johanna. The Subject Property is currently a vacant lot. The Subject Property is zoned R-2, Single and Two Family Residential District and is guided as Low Density Residential on the land use plan. ARDEN HILLS PLANNING COMMISSION – December 4, 2019 3 Associate Planner Hartmann reported the previous owners demolished the existing house on 3244 Sandeen Road prior to selling the Subject Property to the current owner. The original house was built with a five (5) foot variance to encroach on the front yard setback, allowing it to be built thirty-five (35) feet from the front yard property line due to lot encumbrances. The Applicant is requesting a thirty (30) foot front yard setback from the property line via a variance. Associate Planner Hartmann explained the Subject Property is a legal non-conforming lot with encumbrances. The Subject Property is 50 feet in width and has a lot area of 9,900 square feet. The R-2 district standards require a minimum lot width of 85 feet and 11,000 square feet. In addition, a bluff is located on the Lake Johanna side of the Subject Property. Staff reviewed the definition of a bluff. Associate Planner Hartmann indicated the Subject Property has a grade of slope of 56% from the toe of the bluff to a point 25 feet or more above the ordinary high. Atop the bluff is the bluff impact zone. A bluff impact zone is established for preservation and management of shoreland vegetation and soils, and all structural development is excluded from this zone, except for stairways, lifts and landings. The bluff impact zone has a required setback of 20 feet from the top of a bluff. Associate Planner Hartmann noted that permits and building plans are not required as part of a submission for a Land Use Application awaiting approval from the Planning Commission because the nature of the request is regarding the front setback on the property. The Planning Commission is being asked to determine if a variance request for flexibility with the front setback requirement should be approved. The plans that have been submitted show only the buildable area and the evaluation of the proposal should be based on the District Provisions in Section 1320.06 and the Requirements for a Variance in Section 1355.04, Subd. 4. Associate Planner Hartmann reviewed the Variance Requirements, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a request to build a new single family dwelling at the Subject Property 3244 Sandeen Road. 2. Single-family detached dwelling is a permitted use in the R-2 district. 3. The Subject Property is currently a vacant lot in the R-2. 4. The Subject Property is non-conforming with the R-2 districts standards for minimum lot width and area requirements. 5. The subject parcel is encumbered by a bluff and a 20-foot bluff impact zone. 6. The proposed development of the subject parcel would conform to all other requirements and standards of the R-2 district and Shoreland Management Regulations. 7. The proposed development would not encroach on the bluff or any flood plains, wetlands, or easements. 8. A variance may be granted if enforcement of a provision in the zoning ordinance would cause the landowner practical difficulties. 9. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. ARDEN HILLS PLANNING COMMISSION – December 4, 2019 4 Associate Planner Hartmann stated staff recommend approval of Planning Case 19-015 for a Variance at 3244 Sandeen Road, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. Associate Planner Hartmann reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Vice Chair Jones opened the floor to Commissioner comments. Commissioner Lambeth reported this property was zoned R-2 which required a front yard setback of 40 feet. He commented a standard lot was to have 11,000 square feet and the sum of all floors within a structure shall be no more than 30% of the total square footage of the lot (FAR). He indicated at last month’s meeting the Planning Commission tabled action on this item due to the concerns that were raised by the architect with respect to the definition of habitable space. He stated it was his understanding the applicant was no longer working with this architect. He explained he was concerned with the fact the applicant was using an 11,000 square foot lot in its FAR calculation with the lot was less than 9,400 square feet. He feared the applicant was not properly addressing the City’s FAR requirements and asked what was happening with the house redesign. He questioned why the Commission should consider granting a variance when the City had no understanding of what would be built on the property. Andrew Peterson, Architect with Design Filter, stated he was trying to address the initial 10- foot encroachment into the front yard setback. He believed the FAR was a separate issue from the variance. He explained the variance was being requested at this time to allow him to know what he had to work with on the property before designing the home. Commissioner Lambeth asked if the architect would be working to meet the City’s FAR requirements. Mr. Peterson reported this was the case. Commissioner Lambeth inquired if a variance request would be coming back before the City for FAR. Richard Priore, applicant, stated he could not say at this time. He explained the new architect would like to better understand how much land was available to work with before designing a home for the lot. ARDEN HILLS PLANNING COMMISSION – December 4, 2019 5 Vice Chair Jones asked what the next steps would be for this Planning Case if a front yard setback were recommended for approval. Community Development Manager Mrosla explained the City Council would have to approve the variance. The variance would then be recorded with Ramsey County and the applicant could then submit building plans for review by City staff. Jim Day, 3242 Sandeen Road, asked if the request for additional square footage had been removed. Community Development Manager Mrosla reported the request before the Commission this evening was for a front yard setback variance and did not include additional square footage or a variance to the City’s FAR requirements. Mr. Day questioned what would happen if a building permit was requested and the square footage exceeded the City’s FAR requirements. Associate Planner Hartmann stated the building permit would be denied and the applicant would have to submit a new plan or another variance request. He reported the neighbors would be notified if a FAR variance were requested. Mr. Day inquired what would happen if the applicant left the basement unfinished and decided to finish the basement at some point in the future exceeding the City’s FAR requirements. Community Development Manager Mrosla reported this would require a variance from the City. Vice Chair Jones stated he was more comfortable with the request before the Commission than the request that came before the Commission in November. Commissioner Lambeth moved and Commissioner Vijums seconded a motion to recommend approval of Planning Case 19-015 for a Variance at 3244 Sandeen Road based on the findings of fact and the submitted plans, as amended by the two (2) conditions in the December 4, 2019, report to the Planning Commission. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Holmes provided the Commission with an update from the City Council. She reported the City’s Comprehensive Plan was approved by the Met Council. She stated a Truth in Taxation Hearing would be held on December 9th. She commented the Council approved the Valentine Hills Elementary expansion in November. She explained the City was working with ARDEN HILLS PLANNING COMMISSION – December 4, 2019 6 the Mounds View School District to address traffic concerns surrounding the school. She noted an Open House meeting would be held regarding the Snelling Avenue left turn onto Hamline Avenue in the spring of 2020. She discussed the changes that had been made to the site plan for Brausen’s Automotive. She provided further comment on the proposed roundabout at County Road E and Snelling Avenue. B. Planning Commission Comments and Requests Commissioner Vijums requested an update on TCAAP. Councilmember Holmes reported the City was in litigation with Ramsey County. C. Staff Comments Community Development Manager Mrosla thanked the Commission for a great year and for their dedicated service to the community. Councilmember Holmes thanked the Commission members for their service as well and wished everyone Happy Holidays. ADJOURN Commissioner Vijums moved, seconded by Commissioner Wicklund, to adjourn the December 4, 2019, Planning Commission Meeting at 7:10 p.m. The motion carried unanimously (5-0). City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-017 Arden Shoreview Animal Hospital 1261 County Road E - CUP Amendment Page 1 of 6 MEMORANDUM DATE: January 8th, 2020 PC Agenda Item 3.A TO: Planning Commission Chair and Commissioners FROM: Joe Hartmann, Associate Planner Mike Mrosla, Community Development Manager/City Planner SUBJECT: Planning Case #19-017 –Public Hearing Not Required Applicant: Richard and Louise Routhe Property Location: 1261 County Road E Request: Conditional Use Permit Amendment Requested Action Richard and Louise Routhe (“The Applicants”) are requesting a Conditional Use Permit Amendment to remove some provisions of their Special Use Permit for the Arden Shoreview Animal Hospital (“Subject Property”), which is now a permitted use by right under the current Zoning Code. The Subject Property is located at 1261 County Road E. Background 1. Overview of Request The Subject Property is a veterinary clinic facing County Road E in the B-2 General Business District that has been in continuous operation since 1984. At the time, a veterinary clinic was not a permitted use for the Subject Property within the B-2 District. However, on April 23rd, 1984, the City Council approved Special Use Permit Case No. 84-5 (“Case No. 84-5”) that gave the Applicants permission to operate a clinic, which the Zoning Code defines in City Code Section 1305.04 as a building for out-patient medical treatment of humans or small animals. Case No. 84- 5 included conditions of approval such as a limit on the business hours and number of employees. When the City adopted its current Zoning Code in 1993, the Subject Property no longer needed a Special Use Permit to operate a clinic in the B-2 District because the clinic is permitted in the B-2 District under the current Zoning Ordinance as per Section 1320.05. However, under the current Zoning Ordinance, a clinic with an accessory use as a kennel for the boarding of animals still requires a Conditional Use Permit. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-017 Arden Shoreview Animal Hospital 1261 County Road E - CUP Amendment Page 2 of 6 The current use of the subject property is not intensifying from its original approvals and there are no exterior modifications proposed site with this request. It is important to note that the subject property is non-conforming due to the size and setback requirements of the lot and a variance was granted as a condition of approval for Planning Case No. 84-5. Per the city attorney, the previously approved variance will carry over to the new Conditional Use Permit as a condition of approval. Staff note that in the 35 year history of the clinic operating at that location, there have been no code enforcement complaints regarding traffic and parking conditions and other nuisance characteristics, and Staff does not anticipate that approval of the Conditional Use Permit Amendment will have a negative impact. Plan Evaluation Chapter 13, Zoning Regulations Review 1. Changes in Conditionally Permitted Uses Conditional Use Permits may be amended when any structural alteration, enlargement or intensification thereof, or similar change not specifically permitted by the permit. The permit shall be amended solely for the proposed use of a particular site, not for a particular person or firm. When granting a Conditional Use Permit Amendment, the City may impose conditions as it deems necessary to serve and protect the health, safety, convenience and general welfare of the community. 2. 1355.04 Procedural Requirements for Specific Applications The Applicants are requesting that some of the language in their existing Special Use Permit be amended and that some of the language be removed. The language in the existing Special Use Permit Case No. 84-5 must be amended so that the new document conforms to the current format and style of Conditional Use Permits that the City employs. Once approved, the new language of the amended Conditional Use Permit will supersede the provisions in the previous Special use Permit document. The Applicants request removing the language below from of paragraph two (2) of the existing SUP. “shall provide complete health, medical, surgical and emergency services to companion animals. In addition, it will provide "animal house call service" for elderly and handicapped animal owners in the area and a facility for the boarding of animals. Its hours of operation are to be 9:00 A.M. to 6:00 P.M. on Mondays through Fridays and 9:00 A.M. to noon on Saturdays. Emergencies are to be handled on an "on-call" basis.” The clinic is a permitted use by right in the B-2 district and has not been the city practice to regulate the operating hours or procedures of a clinic. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-017 Arden Shoreview Animal Hospital 1261 County Road E - CUP Amendment Page 3 of 6 The Applicants request that paragraph three (3), sentence one (1) be removed from Special Use Permit. “The hospital shall have a maximum staff of five (5).” Staff concurs that sentence one (1) be removed regarding the maximum number of employees onsite. The current site was approved with 15 parking stalls. The Applicant has stated that maximum shift size is seven (7) employees. Veterinary uses are low trip generators with three (3) to four (4) visitors per hour at peak. The existing parking onsite is adequate to support the current use of the property. As a condition of approval, the property owners shall work with city staff to resolve the any parking concerns if complaints are received. The Applicants request that the language in paragraph five (5) be removed. “The hospital building shall be constructed of brick and cedar. It shall have brick columns in front and a dark brown metal truss roof. Its signage shall comply with Arden Hills' Code requirements” Staff concurs that paragraph five (5) be removed. Any proposed building remodels, additions or signs shall be in accordance with the standards set forth in the City Code. Staff finds that requiring specific colors or materials used in the design of the building in a Conditional Use Permit is unnecessarily restrictive. Any changes to the exterior signage of the building can be handled through the permit review process. Staff determined that all future site and building plan requests would have to be completed in accordance with the plans submitted as part of a land use application. Any significant changes to the plans, as would be reviewed and approved by the Planning Commission and City Council. The Applicants request that paragraph six (6) be removed. “The refuse area shall be located at the northwest corner of the building. It shall be screened. Refuse pickup shall be one or two per week” Staff finds that a requirement specifying the required number of weekly refuse pickups is unnecessary. According to City Code Section 660.06, “All properties are required to contract for garbage collection services unless proof of other legal disposing of waste can be demonstrated to the City upon request.” If the City receives complaints from the owners and occupants of surrounding properties regarding a violation of any condition set forth in the permit, violations of City Code may be cause for revocation of the permit. As a condition of approval, any future relocation of the trash enclosures shall utilize wooden gates and be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning staff in writing. Staff recommends adding the additional conditions of approval below to assist in protecting the health, safety, convenience and general welfare of the community. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-017 Arden Shoreview Animal Hospital 1261 County Road E - CUP Amendment Page 4 of 6 1. All dogs shall be leashed when being transported in and out of the facility; 2. No outdoor kennels are permitted; 3. The outdoor examination area shall be enclosed by a six (6) tall privacy fence; and no animals shall be left unattended in the outdoor examination area. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The Subject Property is located at 1261 County Road E in the B-2 General Business Zoning District. 2. The Subject Property is the Arden Shoreview Animal Hospital, defined as a clinic use in Section 1305.04 in the City Zoning Code. 3. At the time it received approval, an animal clinic was not a permitted use and required a Special Use Permit. 4. The Subject Property has been continuously operated as a clinic for 35 years. 5. The City’s Zoning Code was amended in 1993 to allow clinics by right in the B-2 General Business District. Conditional Use Permit Amendment Findings: 1. The Subject Property was previously granted a Special Use Permit to operate a veterinary clinic on the Subject Property in 1984 (SUP 84-5). 2. The Subject Property has not been expanded, renovated, or modified since the Special Use Permit was issued. 3. These are the first amendments to the SUP proposed since it was initially approved. 4. An application for amendment shall be administered in the same manner as required for a new application. 5. The Applicants are requesting the language in paragraph 2, sentence 3 be removed to allow for more flexibility to regulate the operating hours of a business. 6. The Applicants request that paragraph 3, sentence 1 be removed regarding the maximum number of staff members. 7. The Applicants request that the language in paragraph 4 sentences 1 and 2 be amended to read that the construction of the hospital shall be in accordance with the design standards set forth in the City Code. 8. The Applicants request that paragraph 5, sentence 2 be amended. Staff finds that a requirement specifying the required number of weekly refuse pickups is unnecessary. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-017 Arden Shoreview Animal Hospital 1261 County Road E - CUP Amendment Page 5 of 6 • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 19-017 for a Conditional Use Permit Amendment at 1261 County Road E, based on the findings of fact and the submitted plans, as amended by the conditions in the January 8, 2019 Report to the Planning Commission: 1. All dogs shall be leashed when being transported in and out of the facility. 2. The property owners shall work with city staff to resolve the any parking concerns if complaints are received. 3. Any future relocation of the trash enclosures shall utilize wooden gates and shall be constructed on three sides using the same materials and patterns used on the building. The location shall be approved by the Planning staff in writing. 4. The use shall not emit offensive odors. Odors shall be vented by a duo-ventilation system. 5. If nuisance complaints are received the City Council may amend this Conditional Use Permit establishing a maximum number of animals kenneled overnight via a council resolution. 6. No outdoor kennels are permitted. 7. Outdoor examination area shall be enclosed by a six (6) tall privacy fence. 8. No Animals shall be left unattended in the outdoor examination area. 9. If the City receives complaints from the owners and occupants of surrounding properties regarding a violation of any condition set forth in the permit, violations of City Code may be cause for revocation of the permit. 10. Permittee is hereby granted a side yard setback variance of ten feet (10') and a rear yard setback variance of ten feet (10')-- i.e., ten feet (10') from the north and east property lines. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 19- 017 for a Conditional Use Permit Amendment at 1261 County Road E, based on the findings of fact and the submitted plans in the January 8, 2019 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial of Planning Case 19-017 for a Conditional Use Permit Amendment at 1261 County Road E, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 19-017 for a Conditional Use Permit Amendment at 1261County Road E: a specific reason and information request should be included with a motion to table. Notice A Conditional Use Permit Amendment requires a public hearing. A public hearing notice for this planning case was published in the Pioneer Press on December 27, 2019. The City has not received any public comments regarding this case. A public meeting notice was not required for this request because there are no residential properties within 1,000 feet of the Subject Property. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-017 Arden Shoreview Animal Hospital 1261 County Road E - CUP Amendment Page 6 of 6 Deadline for Agency Actions The City of Arden Hills received the completed application for this request on December 19, 2019. Pursuant to Minnesota State Statute, the City must act on this request by February 17, 2020 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the applicant, the City may extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Conditional Use Permit Amendment Request Letter C. Location and Aerial Maps D. Special Use Permit Case No. 84-5 E. Special Use Permit Case No. 84-5 with applicant proposed strikethroughs F. Amended Conditional Use Permit Disclaimer: This m ap is intended for reference purposes only and is not a legally recorded map or survey. The City of Arden Hills shall not be liable for any damages or claims that arise due to accuracy,availability, use or misuse of the inform ation herein pursuant to MNStatute 466.03 Subd 21. Location Map Cou nty Roa d E West Pine Tree DriveNB Hwy 51 To CO RD EConnelly Avenue± Subject Parcel STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS SPECIAL USE PERMIT--Case No. 84-5 The undersigned, the Clerk-Administrator of the City of Arden Hills, does hereby certify that this Special Use Permit is granted pursuant to the provisions of the Zoning Ordinance of the City of Arden Hills and in accordance with the approval thereof by the Arden Hills City Council, at the Council meeting held on March 12, 1984, which approval was based upon certain recommendations made by the Board of Appeals (March 1, 1984), the City Planner (February 27, 1984), the City Engineer (March 5, 1984) and the Planning Commission (March 7, 1984). Permission is accordingly given the applicant, RICHARD H. ROUTHE, 1516 Chelmsford, St. Paul, Minnesota 55108, and his heirs, personal representatives, successors and assigns, hereinafter referred to as "Permittee", to construct and operate upon the parcel of land hereinafter described a veterinary animal hospital-- to be called "Arden Shoreview Animal Hospital"--which shall provide complete health, medical, surgical and emergency services to companion animals. In addition, it will provide "animal house call service" for elderly and handicapped animal owners in the area and a facility for the boarding of animals. Its hours of operation are to be 9:00 A.M. to 6:00 P.M. on Mondays through Fridays and 9:00 A.M. to noon on Saturdays. Emergencies are to be handled on an "on-call" basis. The hospital shall have a maximum staff of five (5). All of the animals are to be confined within the hospital building. They will be small animals only-- no farm animals. - Unattended animals are to be kept outside of the hospital. It shall have no outside runs, but will have a six foot (6') fenced area for the examination of patterns of movement of animals. The hospital will emit no offensive odors. Smells are to be vented by a duo-ventilation system. · The hospital building shall be constructed of brick and cedar. It shall have brick columns in front and a dark brown metal truss roof. Its signage shall comply with Arden Hills' Code requirements. The refuse area shall be located at the northwest corner of the building. It shall be screened. Refuse pickup shall be one or two per week. Permittee is hereby granted a side yard setback variance of ten feet (10') and a rear yard setback variance of ten feet (10')-- i.e., ten feet (10') from the north and east property lines. Permittee shall construct and operate the veterinary animal hospital in strict accordance with all of the drawings, sketches, plans and documentation submitted to and filed with the City and the representations made to the City Planning Commission and City Council, as indicated in the minutes of meetinqs thereof all in connection with Case No. 84-5. This Special Use Permit is issued not only subject to Permittee's compliance with the general requirements, conditions and documents specified above but also subject to all of the applicable requirements of Ordinance No. 213, the City's Zoning Ordinance; all applicable provisions of the Arden Hills Code of Ordinances (including specifically the building code portion thereof); and the following special conditions which shall be satisfied before a building permit is issued by the City: 1. Verification of the location of underground electrical lines adjacent to the existing sidewalk and adjustment of the plant locations (as shown in the Landscaping Plan filed with the City) if the proposed plantings interfere with the underground electrical lines or violate. NSP's restrictions or limitations; and 2. Approval of plant selections by the City Planner. Any violation by Permittee of any of the terms or conditions of this Permit shall be cause for revocation hereof. Any violation of the terms and conditions of this Permit shall also be considered to be a violation of an ordinance of the City of Arden Hills. The parcel of land which is the subject of this Permit is described as follows, to-wit: The South 163 feet of the West 120 feet of the East 482 feet of the Southwest 1/4 of the Southeast 1/4 of Section 27, Township 30, Range 23. A certified copy of this Special Use Permit shall be filed by the Clerk-Administrator with the Ramsey County Recorder or Registrar of Titles. In the event the property is torrens, Permittee shall provide the City with the Owner's Duplicate Certificate of Title so that the City may file a certified copy of this Permit. The terms and conditions hereof shall be deemed to be covenants running with the land. The invalidity of any condition, limitation, provision, para- graph, sentence or clause of this Permit shall not impair or affect in any manner the validity, enforceability or effect of the rest of this Permit. Dated at Arden Hills, Minnesota, this 23rd day of April, 1984. CITY OF ARDEN HILLS Charlotte McNiesh, Clerk-Administrator STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS SPECIAL USE PERMIT--Case No. 84-5 The undersigned, the Clerk-Administrator of the City of Arden Hills, does hereby certify that this Special Use Permit is granted pursuant to the provisions of the Zoning Ordinance of the City of Arden Hills and in accordance with the approval thereof by the Arden Hills City Council, at the Council meeting held on March 12, 1984, which approval was based upon certain recommendations made by the Board of Appeals (March 1, 1984), the City Planner (February 27, 1984), the City Engineer (March 5, 1984)and the Planning Commission (March 7, 1984). Permission is accordingly given the applicant, RICHARD H. ROUTHE, 1516 Chelmsford, St. Paul, Minnesota 55108, and his heirs, personal representatives, successors and assigns, hereinafter referred to as "Permittee", to construct and operate upon the parcel of land hereinafter described a veterinary animal hospital-- to be called "Arden Shoreview Animal Hospital"--which shall provide complete health, medical, surgical and emergency services to companion animals. In addition, it will may provide "animal house call service" for elderly and handicapped animal owners in the area and a facility for the boarding of animals. Its hours of operation are to be 9:00 A.M. to 6:00 P.M. on Mondays through Fridays and 9:00 A.M. to noon on Saturdays. Emergencies are to be handled on an "on-call" basis. The hospital shall have a maximum staff of five (5). All of the animals are to be confined within the hospital building. They will be small animals only-- no farm animals. - Unattended animals are to be kept outside of the hospital. It shall have no outside runs, but will have a six foot (6') fenced area for the examination of patterns of movement of animals. The hospital will emit no offensive odors. Smells are to be vented by a duo-ventilation system. The hospital building shall be constructed of brick and cedar. It shall have brick columns in front and a dark brown metal truss roof. Its signage shall comply with Arden Hills' Code requirements. The refuse area shall be located at the northwest corner of the building. It shall be screened. Refuse pickup shall be one or two per week. Permittee is hereby granted a side yard setback variance of ten feet (10') and a rear yard setback variance of ten feet (10')-- i.e., ten feet (10') from the north and east property lines. Permittee shall construct and operate the veterinary animal hospital in strict accordance with all of the drawings, sketches, plans and documentation submitted to and filed with the City and the representations made to the City Planning Commission and City Council, as indicated in the minutes of meetinqs thereof all in connection with Case No. 84-5. This Special Use Permit is issued not only subject to Permittee's compliance with the general requirements, conditions and documents specified above but also subject to all of the applicable requirements of Ordinance No. 213, the City's Zoning Ordinance; all applicable provisions of the Arden Hills Code of Ordinances (including specifically the building code portion thereof); and the following special conditions which shall be satisfied before a building permit is issued by the City: 1. Verification of the location of underground electrical lines adjacent to the existing sidewalk and adjustment of the plant locations (as shown in the Landscaping Plan filed with the City) if the proposed plantings interfere with the underground electrical lines or violate. NSP's restrictions or limitations; and 2. Approval of plant selections by the City Planner. Any violation by Permittee of any of the terms or conditions of this Permit shall be cause for revocation hereof. Any violation of the terms and conditions of this Permit shall also be considered to be a violation of an ordinance of the City of Arden Hills. The parcel of land which is the subject of this Permit is described as follows, to-wit: The South 163 feet of the West 120 feet of the East 482 feet of the Southwest 1/4 of the Southeast 1/4 of Section 27, Township 30, Range 23. A certified copy of this Special Use Permit shall be filed by the Clerk-Administrator with the Ramsey County Recorder or Registrar of Titles. In the event the property is torrens, Permittee shall provide the City with the Owner's Duplicate Certificate of Title so that the City may file a certified copy of this Permit. The terms and conditions hereof shall be deemed to be covenants running with the land. The invalidity of any condition, limitation, provision, para- graph, sentence or clause of this Permit shall not impair or affect in any manner the validity, enforceability or effect of the rest of this Permit. Dated at Arden Hills, Minnesota, this 23rd day of April, 1984. CITY OF ARDEN HILLS Charlotte McNiesh, Clerk-Administrator 203060v1 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NUMBER 2019-0XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE ARDEN SHOREVIEW ANIMAL HOSPITAL WHEREAS, Richard and Louise Routhe filed an application for a Conditional Use Permit Amendment for an clinic at the Subject Property 1261 County Road E West; and WHEREAS, the original Conditional Use Permit was approved by the Arden Hills City Council, at the Council meeting held on March 12, 1984 and remains in effect; and WHEREAS, the Planning Commission has conducted a public hearing on the application preceded by published and mailed notice; and WHEREAS, the Planning Commission has forwarded its recommendation to the City Council; and WHEREAS, the City Council finds that the application complies with all applicable ordinance standards. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA: 1. The City Council approves the Conditional Use Permit Amendment for the Arden Shoreview Animal Hospital in accordance with the application on file with the city and subject to the following conditions: Conditions to be added prior to City Council. 2. The City Clerk is directed to record the Conditional Use Permit Amendment with the County Recorder/Registrar’s office. PASSED and ADOPTED this _____ day of ____________, 2020, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS By _______________________________ David Grant, Mayor ATTEST: _____________________________ Julie Hanson, City Clerk City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 1 of 4 MEMORANDUM DATE: January 8, 2020 PC Agenda Item 3.B TO: Planning Commission Chair and Commissioners FROM: Mike Mrosla, Community Development Manager/City Planner SUBJECT: Planning Case #19-019 – Public Hearing Required Applicant: City of Arden Hills Request: Sign Code Text Amendment Requested Action Planning Commission shall hold a Public Hearing to review an amendment to Chapter 12, Sign Code to clarify and add language to make non-commercial signs in an election years consistant with temporary off-premise signs and Minnesota State Statutes. Background The City has initiated proposed amendments to Chapter 12, Section 1230.01, Subd. 2 of the Sign Code. The existing language from section 1230.01, Subd. 2 states: “Non-commercial Signs in an Election Year. Signs of any size containing non- commercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4.” The ordinance language above is inconsistent with Minnesota State Statute 211B.045. Minnesota State Statute 211B.045 states: “All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times.” City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 2 of 4 The existing ordinance language restricts the placement of non-commercial signs until August 1st in an election year. However, Minnesota State Statute 211B.045 permits non-commercial signs to be posted 46 days prior to the state primary election. Minnesota primary elections occur on the second Tuesday of August in election years or on August 11, 2020. Per the statute, signs may be posted 46 days prior to the primary election or June 28, 2020. In response, staff worked with the city attorney on the proposed language below. “Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election.” The proposed language addresses all types of elections and removes the need to address special elections. The proposed language is in conformance with Minnesota State Statute 211B.045 and permits non-commercial signs to be posted no more than 46 days prior to the election. Staff added specific code sections that defines where signs may be located. Section 1230.02 is addresses prohibited sign placement locations and 1250.03 regulates temporary off-premise signs. In addition, staff revised and restructured section 1250.03, Temporary Off-premise Signs. The intent of the revision was to bring non-commercial signs in conformance with other temporary off- premise sign standards. The existing ordinance language was silent on placing signs on publicly owned land and there was no roadway setbacks standards for non-commercial signs. Below is a summary of proposed revisions by subdivision. A full redline of the proposed changes can be found in Attachment C. Subdivision 1: • Restructured and added clarifying language. • Removed and relocated sign roadway setback to Subd. 3. • Final draft: Subd. 1 Sign Number Limit. A. Signs shall be four (4) square feet or less in size, and less than four (4) feet high; B. Signs shall be non-illuminated; C. Signs shall be within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D. Signs shall be displayed no more than three consecutive days in any seven day period. Subdivision 2: • Added language that the property owner may withdraw sign placement permission at any time. • Added subsections A and B. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 3 of 4 • Added language prohibiting signs from being placed on publicly owned land. • Final Draft Subd. 2 Permission. The sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of-way where the sign is located. The property owner may withdraw that permission at any time. A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subdivision 3: • Relocated from Subd. 4 to 3. • Added subsections A through C. • Added language previously from Subd. 1 addressing sign setbacks from roadways when placed within city owned right of way. • Added exception language addressing sign placement along sidewalks and trials. • Final Draft Subd. 3 Right-of-way Regulatory Authority. A. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. B. Sign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. C. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subdivision 4: • Relocated from Subd. 3 to 4. • Final Draft Subd. 4 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. Options and Motion Language Staff has provided the following options and motion language for this case. 1. Recommend Approval: Motion to recommend approval of Planning Case 19-019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission. City of Arden Hills Planning Commission Meeting for January 8, 2020 P:\Planning\Planning Cases\2019\19-019 - Sign Code Text Amendment – ZA Page 4 of 4 2. Recommend Approval with Amendments: Motion to recommend approval of Planning Case 19-019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission with amendments: a specific reason should be included with amendments. 3. Recommend Denial: Motion to recommend denial of of Planning Case 19-019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission: findings to deny should specifically reference the reasons for denial. 4. Table: Motion to table Planning 19-006 for proposed amendments to of Planning Case 19- 019 for proposed amendments to Chapter 12 of the City Code, as presented in the January 8, 2020 Report to the Planning Commission: a specific reason and/or information request should be included with a motion to table. Public Notice and Comments Notice on this planning case was published in the Pioneer Press on December 27, 2019. The City has not received any public comments regarding this case. Attachments A. Minnesota State Statute 211B.045 B. Chapter 12 – Sign Code, Exemptions Red-line Amendments (Section 1230.01) C. Chapter 12 – Sign Code, Temporary Off-premise Signs Red-line Amendments (Section 1250.03) D. Clean versions of Chapter 12, Sign Code, Sections 1230.01 and 1250.03. 211B.045 NONCOMMERCIAL SIGNS EXEMPTION.​ All noncommercial signs of any size may be posted in any number beginning 46 days before the state​ primary in a state general election year until ten days following the state general election. Municipal ordinances​ may regulate the size and number of noncommercial signs at other times.​ History: 1990 c 585 s 30; 2004 c 142 s 1; 2010 c 184 s 42; 2013 c 131 art 2 s 74​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 211B.045​MINNESOTA STATUTES 2019​1​ 1230.01 Exemptions. All signs shall require an approved sign permit prior to placement except for the signs specifically noted in this section. Exempted signs shall not reduce the permitted signage for a property. These exemptions shall not relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. Subd. 1 Government Signs. All governmental signs, including but not limite d to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs and railroad crossing signs. Subd. 2 Non-commercial Signs in an Election Year. Signs of any size containing non - commercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4. Subd. 2 Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election. Subd. 3 Address Signs. Address identification not exceeding four (4) square feet in area for each structure or portion of a structure with an assigned address. Street identification numbers are required in all sign districts and should be clearly visible from the street. Subd. 4 Exempt Residential Signs. Properties in Sign Districts 1 and 3 shall be allowed up to eight (8) square feet of signage provided that a single sign is no larger than six (6) square feet, the signs are not illuminated, and freestanding signs are at least five (5) feet from any property line. Subd. 5 Temporary Off-premise Signs. Temporary off-premise signs as designated in Section 1250.03; Subd. 6 Portable Signs. Portable A-frame, T-frame, sandwich , or other similar signs that do not exceed six (6) square feet in size, are not illuminated, are located within fifteen (15) feet of the primary entrance to a building, and are displayed only during the hours of business operation. No more than two of these signs shall be in place at any given time. Subd. 7 Incidental Signs. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated; and, Subd. 8 Window Signs. Window signs that are inside of a building shall not require a permit but shall be in accordance with Section 1240.02 Table 1. Subd. 9 Non-commercial Signs. Any sign display or device allowed under this section may contain, in lieu of other copy, any otherwise lawful noncommercial m essage that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height and lighting requirements of this Chapter. 1250.03 Temporary Off-premise Signs. Subd. 1 Sign Number Limit. Each residential property is allowed up to five (5) freestanding, temporary, off -premise signs in the cCity right-of-way or on private property provided that the signs meet the standards of this section: (revised XX5/1XX/3/1320) Subd. 1 Sign Number Limit. A. Signs shall be Are four (4) square feet or less in size, and less than four (4) feet high; B. Signs shall be non-illuminated; C. Signs shall be within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D. Signs shall be displayed no more than three consecutive days in any seven day period. A. A. Are four (4) square feet or less in size, less than four (4) feet high; and at least five (5) feet from the edge of the road; B. B. Are not illuminated; A. C. Are within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D. Displayed no more than three consecutive days in any seven day period. Subd. 2 Permission. The sign owner shall obtain permission from the property owner on which the sign is placed. Failure to obtain permission may result in removal of the sign. If the sign is placed in City right-of-way, Tthe sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of-way where the sign is located. Failure to obtain permission may result in removal of the sign. The sign owner shall obtain permission from the property owner on which the sign is placed. The property owner may withdraw that permission at any time. A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subd. 3 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. Subd. 43 Right-of-way Regulatory Authority. A. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. B. Off-premise sSign(s) placed in Ramsey County or State of Minnesota right-of- way shall be subject to Ramsey County and State of Minnesota regulations. C. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subd. 34 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way. 1230.01 Exemptions. All signs shall require an approved sign permit prior to placement except for the signs specifically noted in this section. Exempted signs shall not reduce the permitted signage for a property. These exemptions shall not relieve the owner of the sign from the responsibility of its maintenance and its compliance with the provisions of this Chapter or any other law or ordinance regulating the same. Subd. 1 Government Signs. All governmental signs, including but not limite d to traffic control and other regulatory purpose signs, street signs, identification signs, informational signs, danger signs and railroad crossing signs. Subd. 2 Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election. Subd. 3 Address Signs. Address identification not exceeding four (4) square feet in area for each structure or portion of a structure with an assigned address. Street identification numbers are required in all sign districts and should be clearly visible from the street. Subd. 4 Exempt Residential Signs. Properties in Sign Districts 1 and 3 shall be allowed up to eight (8) square feet of signage provided that a single sign is no larger than six (6) square feet, the signs are not illuminated, and freestanding signs are at least five (5) feet from any property line. Subd. 5 Temporary Off-premise Signs. Temporary off-premise signs as designated in Section 1250.03; Subd. 6 Portable Signs. Portable A-frame, T-frame, sandwich , or other similar signs that do not exceed six (6) square feet in size, are not illuminated, are located within fifteen (15) feet of the primary entrance to a building, and are displayed only during the hours of business operation. No more than two of these signs shall be in place at any given time. Subd. 7 Incidental Signs. Incidental signs or signs within a building provided that the sign is not readily visible from the public right-of-way, adjacent properties, and are not illuminated; and, Subd. 8 Window Signs. Window signs that are inside of a building shall not require a permit but shall be in accordance with Section 1240.02 Table 1. Subd. 9 Non-commercial Signs. Any sign display or device allowed under this section may contain, in lieu of other copy, any otherwise lawful noncommercial m essage that does not direct attention to a business operated for profit, or to a commodity service for sale, and that complies with the size, height and lighting requirements of this Chapter. 1250.03 Temporary Off-premise Signs. Each residential property is allowed up to five (5) freestanding, temporary, off -premise signs in the city right-of-way or on private property provided the signs meet the standards of this section: (revised XX/XX/20) Subd. 1 Sign Number Limit. A. Signs shall be four (4) square feet or less in size, and less than four (4) feet high; B. Signs shall be non-illuminated; C. Signs shall be within one mile of the property for which the signs are advertising (this provision does not preempt the sign regulations for neighboring communities); D. Signs shall be displayed no more than three consecutive days in any seven day period. Subd. 2 Permission. The sign owner shall obtain permission from the property owner to place a sign on their property or on property that shares a property line with the adjoining right-of-way where the sign is located. The property owner may withdraw that permission at any time. A. Failure to obtain permission may result in removal of the sign. B. Sign(s) are prohibited on land owned by the city, county, federal government and school district(s). Subd. 3 Right-of-way Regulatory Authority. A. Sign(s) placed within city right-of-way, shall not be placed within five (5) feet of the edge of the roadway pavement or curb. Exception. If the five (5) foot distance places the sign on a trail or sidewalk surface then the signage shall be placed on the dwelling side of the sidewalk. B. Sign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. C. Failure to obtain permission from the appropriate agency may result in removal of the sign. Subd. 4 Disclaimer. The City of Arden Hills shall not be responsible for damage to any signs placed in the right-of-way.