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Home My WebLink About06-05-24 PC PacketChair: Address: Kurtis Weber 1245 W Highway 96 (2025) Arden Hills MN 55112 Commissioners: DEN HILLS Phone: Jonathan 651-792-7800 Wicklund (2024) Planning Commission Arlene Mitchell June 5, 2024 Website: (2024) 630 p.m. ' www•cityofardenhills.org Joshua Collins City Hall (2024) Shelley Blilie (2024) Brad Bjorklund (2025) Steve Erler (2026) Vacant (Alternate) Vacant (Alternate) Council Liaison: Emily Rousseau 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. Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the Citys website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills. https://citvofardenhills.org/320/Watch-City-Meetings Agenda CALL TO ORDER 1. APPROVAL OF THE AGENDA 2. APPROVAL OF MINUTES 2.A. May 8, 2024 Planning Commission Regular Meeting Documents: PC MINUTES 05-08-24.PDF 3. PLANNING CASES 3.A. Planning Case 24-011 - Zoning Code Amendment To Chapter 13, Section 1325.07, Subd. 6.A. - Location Of Buildings Housing Farm Animals (Public Hearing Required) Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D,PDF 3.B. Planning Case 24-010 - 1784 Gramsie Road - Variance (No Public Hearing Required) Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF 3.C. Planning Case 24-012 - 4061 Lexington Avenue N. - Site Plan Review (No Public Hearing Required) Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF 4. UNFINISHED AND NEW BUSINESS 4.A. Sign Code Discussion Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 5. COMMENTS AND REPORTS 5.A. Report From The City Council 5.B. Planning Commission Comments 6. ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. DRAFT -AXQEN HILLS June 5, 2024 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, MAY 8, 2024 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Kurtis Weber called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Kurtis Weber, Commissioners Brad Bjorklund, Shelley Blilie, Joshua Collins, Arlene Mitchell, and Jonathan Wicklund. Absent: Council Liaison Emily Rousseau and Community Development Director Jessica Jagoe Also present were: Senior Planner Elena Fransen. APPROVAL OF AGENDA — MAY 8, 2024 Commissioner Bjorklund moved, seconded by Commissioner Collins, to approve the May 8, 2024, agenda as presented. The motion carried unanimously (7-0). APPROVAL OF MINUTES April 3, 2024 — Planning Commission Regular Meeting Commissioner Erler moved, seconded by Commissioner Blilie, to approve the April 3, 2024, Planning Commission Regular Meeting as presented. The motion carried unanimously (7-0). PLANNING CASES A. Planning Case 24-008; 1511 Dawn Circle - Variance — Public Hearing Not Required Senior Planner Fransen stated Kam and Jennifer Schmaltz ("Applicant") has requested a variance to construct an addition to the east elevation of an existing principal structure and attached garage on the property located at 1511 Dawn Circle ("Subject Property"). The Applicant has requested a variance to decrease the required side yard setback for corner lots from the minimum requirement of 40 feet to 28.2 feet. The Applicant is proposing a 12 foot by 36.5 foot garage addition to expand the existing attached garage width from 21.5 feet to 33.5 feet and ARDEN HILLS PLANNING COMMISSION — May 8, 2024 2 allow for an addition to the upper floor of the principal structure. The addition would add 438 square feet to the existing attached garage and 386 square feet to the principal structure. Senior Planner Fransen reviewed the site data, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District side yard setback for corner lots at the Subject Property 1511 Dawn Circle. 2. A single-family dwelling is a permitted use within the R-1 Zoning District. 3. The Applicant states that the proposed addition will not impede sight lines from the roadways. 4. The proposed addition would have a decreased side yard setback for a cornet- lot of 28.2 feet. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed addition would not alter the essential character of the neighborhood because the proposed design will look and feel consistent with the existing structure. 3. The variance request is not based on economic considerations alone. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 24-008 for a Variance to construct an addition with a 28.2 foot side yard setback on a corner lot at 1511 Dawn Circle: 1. Recommend Approval with Conditions 1. A Building Permit shall be issued prior to commencement of construction. 2. A Zoning Permit shall be issued for the driveway expansion. 3. The proposed building addition shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Weber opened the floor to Commissioner comments. Chair Weber thanked the applicant for speaking with the neighbors regarding this request. Commissioner Wicklund asked what the process was to make sure the finishing touches match the existing home. Senior Planner Fransen stated the City's requirement was for applicants to match exterior building materials from the existing structure to the proposed addition and that this would be reviewed with the building permit application. ARDEN HILLS PLANNING COMMISSION — May 8, 2024 3 Commissioner Bjorklund commented on how he drove by this property and noticed a neighbor has an accessory dwelling unit detached from the home on a corner lot. He stated he was uncertain if this was allowed by the City. He indicated the applicant was not proposing to do something very different from what was already existing in their neighborhood less than a block away. Senior Planner Fransen explained the City has had conversations with residents regarding accessory dwelling units and noted they are currently not a permitted use in residential zoning distrcits. She reported staff had received an inquiry into process to modify the zoning code to make ADU's a permitted use. She indicated staff could follow up with neighboring property owner to confirm how they were using this accessory structure. Commissioner Mitchell stated a three car garage was not an unusual thing in Arden Hills. She commented further on how the setbacks for corner lots were quite limiting, noting passersby would only see three garage doors from the street if a three car garage were to be built in accordance with the setback requirements. She explained the 40 foot setback requirement for corner lots was concerning to her. She stated she could support the proposed garage addition. Commissioner Blilie indicated she supported the request as well. Chair Weber reported he also supported the variance request. Commissioner Wicklund asked if there were any Commissioners that had concerns regarding requiring screening from Norma Avenue. Chair Weber stated he was not concerned about screening a well -kept house. He indicated he supported the Planning Commission further discussing the setback requirements for corner lots. Commissioner Erler moved and Commissioner Mitchell seconded a motion to recommend approval of Planning Case 24-008 for a Variance at 1511 Dawn Circle based on the findings of fact and the submitted plans, as amended by the conditions in the May 8, 2024, report to the Planning Commission. The motion carried unanimously (7-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Chair Weber reported for Council Liaison Rousseau that the Commission and Committees picnic was tentatively scheduled for Tuesday, July 16 at Cummings Park. B. Planning Commission Comments and Requests Commissioner Bjorklund suggested the Commission consider zoning actions to assist with increasing affordable housing in Arden Hills and reviewed several suggestions with the Commission. ARDEN HILLS PLANNING COMMISSION — May 8, 2024 ADJOURN Commissioner Mitchell moved, seconded by Commissioner Biorklund, to adiourn the May 8, 2024, Planning Commission Meeting at 7:12 p.m. The motion carried unanimously (7-0). PC Agenda Item — 3A ,-AI�EN HILLS MEMORANDUM DATE: June 5, 2024 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case # 24-011— Public Hearing Required Applicant: Joe Kimbell Request: Zoning Code Amendment — Chapter 13 — Section 1325.07 Subd. 6.A, Location of Buildings Housing Farm Animals Reauested Action Joe Kimbell, "Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow an exception for the keeping of bees/beehives within the R-1, R-2, and R-3 residential districts in City Code Sections 1325.07, Subd. 6.A — Location of Buildings Housing Farm Animals. Background Earlier this year, the Applicant contacted the City to verify if the keeping of bees would be allowed on his property at 3759 New Brighton Road ("Subject Property"). Staff conveyed that, at present, the City Code requires that "Any building in which farm animals are kept shall be located a distance of tivo hundred (200) feet or more from any lot line. Any open structure in which farm animals are kept shall be a distance of four hundred (400) feet or more from any lot line., except for chicken coops in the R-1, R-2, and R-3 Districts." Farm animals are defined as "Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised. for. fur." In review of the Subject Property, city staff determined that the property did not have the lot width required to meet the distance requirements from any lot line for placement of the bee hive(s). Based on that evaluation, the Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that would exempt the keeping of bees under Section 1325.07, Subd. 6.A — Location of Buildings Housing City of Arden Hills Planning Commission Meeting for June 4, 2024 P:APlanning\Planning Cases\2024\PC 24-011, Location of Buildings Housing Farm Animals — CA Page 1 of 4 Farm Animals. The following is the zoning code language proposed by the Applicant for consideration: a. The number of hives on residential lots is not to exceed: i. 1 acre or larger: 8 ii. 1 acre - 3/4 Acre: 6 iii. 3/4 Acre to '/2 Acre: 4 iv. 1/2 acre or less: 2 b. The beehive(s) must not be located in the front of a property or a side yard that abuts a street. c. They may be no closer than twenty-five (25) feet to an occupied building on another lot and/or any public trail or walkway. d. The hives shall be located at least ten (10) feet from a property line. e. Any property owner who keeps bees shall provide and maintain a nearby, designated water source. Overview of Ordinance Amendments Staff has prepared draft ordinance language with new language added in red font for your review (Attachment Q. Language has been incorporated into the City ordinances to allow for the keeping of bee hives based on the language proposed by the Applicant to the following Section: Zoning Code Chapter 1325 — General Regulations o Amend — Section 1325.07 Subd. 6.A., Location for Buildings Housing Farm Animals For research, staff conducted a survey of other local ordinances and found that the Cities of Gem Lake, New Brighton, Mounds View, Roseville, Shoreview, and Vadnais Heights have language that allows for the keeping of bees. Half of the communities surveyed require a City license/permit. Two of the communities have a provision that as part of the license/permit process, the City will notify adjacent property owners of the keeping of bees. The ordinance language as requested by the Applicant would allow for the keeping of bees as a permitted accessory use subject to the criteria as outlined without a license or permit. The Applicant shared in their narrative resources such as the MN Hobby Beekeepers Association and the University of Minnesota that offer educational materials and coursework on beekeeping. Staff has included for reference to the Planning Commission a model ordinance for beekeeping as prepared by the MN Hobby Beekeepers Association (Attachment D). The following are items identified in model ordinance language and surveyed communities that the Planning Commission may wish to discuss and consider: • License or permit requirement for bee hives. • Flyway barrier (i.e. wall, fence, or combination). • Evidence of completion from a honeybee keeping course (i.e. University of Minnesota). City of Arden Hills Planning Commission Meeting for June 4, 2024 P:APlanning\Planning Cases\2024\PC 24-011, Location of Buildings Housing Farm Animals — CA Page 2 of 4 • Statement that the keeping of bees is for hobby purposes (i.e. home occupation). • Notification to the City along with a site plan documenting location of bee hives and water source. Lastly, an ordinance amendment to the Zoning Code does require a public hearing before the Planning Commission. Additional Review N/A 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. Joe Kimbell, the Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1325.07, Subd. 6.A, the City does allow Buildings Housing Farm Animals as a permitted accessory use in the R-1, R-2, and R-3 Residential Zoning Districts subject to distance requirements from any lot line. 3. The Applicant is proposing an amendment to allow for an exception for the location of bee hive(s) that would reduce the distance from the property line in the R-1, R-2, and R-3 Residential Zoning Districts. 4. The Applicant is proposing additional criteria in the ordinance language that would be used to regulate the keeping of bee hive(s) such as a maximum number of bee hives that would be allowed based on the residential lot size, minimum distance the hive may be located to a dwelling or trail, a water source must be provided, and that the bee hive(s) may not be located in the front or side yard of a residential lot. 5. Of local communities surveyed, a majority allow for the keeping of bees as a permitted accessory use in residential districts without a City license. 6. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 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. • Recommend Approval: Motion to recommend approval of Planning Case 24-011 for a Zoning Code Amendment to Chapter 13, Section 1325.07, Subd. 6.A of the Arden Hills City of Arden Hills Planning Commission Meeting for June 4, 2024 P:APlanning\Planning Cases\2024\PC 24-01 l , Location of Buildings Housing Farm Animals — CA Page 3 of 4 City Code to allow an exception for the Location for Buildings Housing Farm Animals to include bee hives in the R-1, R-2, and R-3 Residential Zoning Districts, based on the findings of fact and the submitted materials. • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 24-011 for a Zoning Code Amendment to Chapter 13, Section 1325.07, Subd. 6.A of the Arden Hills City Code to allow an exception for the Location for Buildings Housing Farm Animals to include bee hives in the R-1, R-2, and R-3 Residential Zoning Districts with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial Planning Case 24-011 for a Zoning Code Amendment to Chapter 13, Section 1325.07, Subd. 6.A of the Arden Hills City Code to allow an exception for the Location for Buildings Housing Farm Animals to include bee hives in the R-1, R-2, and R-3 Residential Zoning Districts, 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 24-011 for a Zoning Code Amendment to Chapter 13, Section 1325.07, Subd. 6.A of the Arden Hills City Code to allow an exception for the Location for Buildings Housing Farm Animals to include bee hives in the R-1, R-2, and R- 3 Residential Zoning Districts: a specific reason and information request should be included with a motion to table. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on May 23, 2024. As of May 30t", the City has not received any public comments regarding this case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on May 1, 2024. Pursuant to Minnesota State Statute, the City must act on this request by June 29, 2024 (60 days). Attachments A) Land Use Application B) Written Narrative C) Draft Amendment Section 1325.07 D) MN Hobby Beekeepers Assoc. Model Ordinance City of Arden Hills Planning Commission Meeting for June 4, 2024 P:APlanning\Planning Cases\2024\PC 24-011, Location of Buildings Housing Farm Animals — CA Page 4 of 4 Attachment A -ARD, E 1 H1L LS ~ •1•li•I� ��s:• f , :, I:,r1•ar�,'1 r) �1rr '17-Irl 7r1.1-Ee -iighwL4Y D6 : "I cr'. tan Cur,A-let: l- Artie-e Ills. 2 a hr: T J::l rl lnne I. bag'l y 7 02-; 0�}� eteiy;L Njurlxt• Fay f t;a 11 ?i i.1,91 J f �... ti'r �J,+tY•I: I:':Yfa?. `f-i6f7hlll'o.Of?I rv;:4lk�l G{y,��f1�1 Gt5-n 2024 T. r'k N L USE APPT. IC A TIO ARplivarti# kafq tlon TPius.l. 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Yap 2 r.- Mi�--eting Sghjedulp Planr'ng Conmissran rrgeting5 are typ4cally'7a1A. on 1hef$6tVbMnrM—oy Acr Vie frsL M Milos of eEcr mor? al. E;a,' PKI, though please wniact C ty Hall io ,rer+'y the meetng �,it+a arod '.i+rie. COy Courmll meeilrgs are hwld L*cPJl} the last 6londay cf the samo month at r:00 PPA. M.irar*tings are hLiki ifi Lhe Czurtell Criambers at the Ozy' ur Arclm Hllv,. 12-15 WeL5t Highway 06. Auden Hills, hiinrc sal d 55112 unless otherwtae atab3d. The schedules Led— are fqr rpigrgnra p.jrP7e.rx :s71y PrD�!c-.. yeil •erul bb tche-duled rar arfg meeiing UrOil the Opp.ir�itan tLjL-mi".I;Pl is fpkind In be raniplc:r: IN lfw CUr-u-SLu-ily D� el,pr�en; L7lreoior. 2024 Planning C Dmmis:5ion a n d Uy Council Schedule i"wiVact to Ghar Jl pTENTATWE PLANNING I rOOFAMISWON MEETING DATE, (&?nerallp:heldwzl•a tirstVWWneadey+ 3'Ier'the trst M.innrj'-1at G-m :3 rr,. GI�TATFYE COUNCIL MEETING +DATE' (Gene-allyheld onthe foWh Vgnoay �. TO P mo) � � LAND USE APPLICATION SUBMISSION I: "davof•th- Fr. 4'ekknd rn. )w1; .lgnugr/ 3 Fn:snri 7 March C Fetrug "F dwk'I 11 AprP 702�', Januar 1 F�!bruary 1 A. 13 A ill ZY M grrh 1 may B Jr. � 5 �..—... Mays2 ' r .lime ?A �pr111 I'd Ljg 1 .li.im- a jujiv 0 rreschWulecl date July, 22 AugjV. 7 U6t 26 ju'y 'l A.0wL �e tg r lx!r 2 C L-IL r 9 DCloher 8 ,..- NovembarO November25 Ovrobmr t Dac$mler { Janus 13 LN25j%. r vl 2rr :ef 1 kn m nt and Si nature u hemby apply fur [he ab;m tonsideraton srd deol3re teat Me Informalkri and r+,ialei'als iu_n Iw.I wish tr a appleatOm ar-e complete anO amwate Re, city rxrir ; ,ri ordinanm requir9mients. I fully Understanc Mal I ain re5porim ile far all ca-fts incuv.�d by Elie City fi?18L86 Lit Cta Ofoo&aS^rig orilh--� al.diralim, /Ze2r Prime %%Yief A �-Ilcaul Si;iaLUre (if -•rfcr mrihan the larnl:erly�mTir--r) Dale. Date PleFae RfG ,C:gmrr%inky e-.rinprrmt l?M'emr s. 651-7ii2- WU it Yu.J I•ave 011}1 eigurdirg 1hi5 ap-,dicaton. Acct rsr& caµrs of rhs 2jw&fi1;W (GAS w6 P-tiWAC+6 l.xq the v,V} riNuselu. cmA!4+1eru:pi &IOrm Pr,go- � LA Attachment B Joe Kimbell / 3759 New Brighton Rd / Arden Hills, MN 55112 / Our request: For the city of Arden Hills to amend the city code (1325.07, subdivision 6) by including a provision specifically for the keeping of bees that lessens the required distance of a farm structure to the property line, while providing guidelines for overall best practices. Historical context: In February of 2023, my son, Elias Kimbell (15), applied for and was granted a beekeeping scholarship from the Bee Lab at the University of Minnesota. The scholarship provided Elias a pack of bees, the necessary equipment to build the hive, all the needed tools and protective gear, and a mentor for one year. He was also required to attend 9 monthly meetings of the MN Hobby Beekeepers Association and make two public presentations. Before receiving any of the above, however, he was required to complete the UofM beekeeping course (14 hours of pre- recorded instruction divided into modules) where Elias learned: • Hiving of bees • Best management practices for keeping bees in urban and rural settings • Honey production • Successful strategies for preparing colonies to survive winter • Dividing colonies in spring to avoid swarms • Introducing new queens • Best management practices for controlling diseases and mites, using medications as a last resort Last year, we kept our hive at a friend's hobby farm in Mahtomedi where we visited weekly to learn, observe, and participate in the over health and production of the hive. The challenge for us was the time invested to drive to the farm which limited our interaction with the hive to about an hour a week. Scope of our project: 1. To safely install and maintain beehives on our property at 3759 New Brighton Rd. Our lot is .69 acres with expansive open areas on all sides due to the generous size of neighboring lots and the marshland behind us. Though not required for maintaining healthy bees, our property has perimeter fencing on all sides which we see as an asset to the safety of the hive. The survival of bee hives has become a national issue, and we hope to contribute to the positive environmental impact that honeybees provide. 2. To assist the city of Arden Hills in developing guidelines that encourage the keeping of bees within the city limits. Based on our research of other bee -friendly communities, below are some initial guidelines to consider that seem rather standard in urban beekeeping. I realize these may need to changed and/or expanded upon. The number of hives on residential lots is not to exceed: i. 1 acre or larger: 8 ii. 1 acre — % Acre: 6 iii. 4 Acre to % Acre: 4 iv. % acre or less: 2 b. The beehive(s) must not be located in the front of a property or a side yard that abuts a street. c. They may be no closer than twenty-five (25) feet to an occupied building on another lot and/or any public trail or walkway. d. The hives shall be located at least ten (10) feet from a property line. e. Any property owner who keeps bees shall provide and maintain a nearby, designated water source. The proposed location for hives on our property: View facing North. View facing South Al�'�Si ma Elias building his initial hive: m l s� T' Ir it ;1 Elias and his hive at a hobby farm in Mahtomedi Elias volunteering in the Bee Booth demonstration at the State Fair last summer ('23). OF Attachment C 1325.07 Performance Standards. (revised 9/27/21) Subd.1 Maintenance. A. Health and Safety. In all districts, all buildings and structures, including fences and required landscaping, shall be maintained so as not to be unsightly or present harmful health or safety conditions. B. Snow Removal. In all districts, it shall be the responsibility of the residential and/or business land owner to insure proper snow removal from the sidewalks within twenty-four (24) hours after the last accumulation of two (2) inches or more. Subd.2 Refuse. A. Containment. In all districts, any waste materials, debris, refuse or garbage shall be stored and kept in accordance with the requirements of Section 660.05 of the City Municipal Code, as the same may be amended from time to time. B. Noxious Weeds and Objectionable Plant Growth. Land shall be kept free of noxious weeds and unsightly or objectionable plant growth of eight (8) inches or more in height. C. Home Interiors. Home interiors shall be kept in a clean and sanitary condition free of any accumulation of rubbish and garbage in compliance with State Health Regulations. D. Compliance Deadline. Existing uses shall comply with these provisions within thirty (30) days following the effective date of this Code. Subd. 3 Exterior Storage. A. Residential Districts. 1. Materials and Equipment. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining lots, except for the following: Laundry drying and recreational equipment, construction and landscaping materials currently (within a period of twelve (12) months) being used on the premises; agricultural materials and equipment if these are used or intended for use on the premises; off-street parking of passenger cars and pickup trucks. 2. Boats, Trailers and Utility Vehicles. Exterior storage of boats, trailers and utility vehicles is not permitted in any residential district, except as regulated in Section 1325.12. B. Business and Industrial Districts. 1. Screening. All exterior storage in the business and industrial districts shall be screened from public view, except materials and equipment currently being used for on - site construction. 2. Parking. Vehicles, including but not limited to cars, trucks, buses and RV's parked and/or stored in public view for more than a period of seven (7) days shall be prohibited unless allowed by the permitted business or industrial use, except as regulated in Section 1325.12. Subd. 4 Electrical and Radiation Emissions. No activities shall be permitted that emit dangerous radioactivity beyond an enclosed area. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances. Subd. 5 Environmental Pollution. Emission or creation of noise, odors, vibrations, glare, dust, smoke, heat and toxic or noxious fumes shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. None of these shall be at a level that is objectionable to surrounding properties. Subd.6 Animals. A. Location for Buildings Housing Farm Animals. Any building in which farm animals are kept shall be located a distance of two hundred (200) feet or more from any lot line. Any open structure in which farm animals are kept shall be a distance of four hundred (400) feet or more from any lot line., except for chicken coops and bee hives in the R-1, R-2, and R-3 Districts provided the following requirements are met: Chicken Coops (1) No more than three (3) hens shall be housed or kept on any one (1) residential lot with the issuance of a City license. (2) A separate coop is required to house the chickens. Coops must be constructed and maintained to meet the following minimum a. A coop with a minimum of 12 square feet and no larger than 25 square feet is permitted as an accessory structure subject to Section 1325.01. Subd. 4 A. for Size. b. Exemption to Ordinance - A residential property with a detached garage and an accessory structure/shed will be allowed a third accessory structure for keeping chickens. The combined square footage of all three detached structures may not exceed 728 square feet. c. Located in the rear yard. Chicken Coop, pen, and exercise yard are not permitted in the front or side yard. d. Setbacks are subject to applicable accessory structure setbacks of the underlying zoning district. In no instance shall the coop be located in front of the rear building line of the principal structure. e. The outer limit of coop including pen and exercise yard shall be located closer to the principal dwelling upon the property that is issued a license than any other residential dwelling on an abutting property. f. Climate control - adequate ventilation and/or insulation to maintain the coop temperature between 45 - 85 degrees Fahrenheit. Prior to issuance of an annual license, the prospective annual license holder must provide a plan for maintaining an adequate temperature in the coop for safety of the fowl or poultry. The plan must address both extreme winter and summer temperature conditions. g. Rodent proof - coop construction and materials must be adequate to prevent access by rodents. h. Coops shall be constructed and maintained in a workmanlike manner. (3) A pen and exercise yard is required. Pen and exercise yard must be constructed and maintained to meet the following minimum standard: a. The pen and exercise yard is located adjacent to the coop and shall be fenced with adequate coverage to keep hens in and predators out of a material that can be easily raked or regularly replaced to reduce odor and flies. b. Minimum size per bird shall be: i. Pen -10 square feet of floor space ii. Exercise yard - 174 square feet (4) Screening shall be installed around the perimeter of the area dedicated for the keeping of chickens in a manner that minimizes view from adjacent parcels. A screening plan shall be approved as part of license application subject to any additional permit requirements for installation. Acceptable forms of screening are a six (6) foot tall solid fence or vegetation that shall consist of plantings which shall provide for year round screening and installed at a minimum of six (6) feet tall. (5) Chickens must not be housed in a residential house or an attached or detached garage. (6) All premises on which hens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surrounding must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the officer removing chickens from the premises or revoking a chicken license. (7) All grain and food stored for the use of the hens on a premise with a chicken license shall be kept in a rodent proof container. (8) Hens, coop, pen, and exercise yard shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property. (9) Any violation of the above conditions, (i.e. roaming chickens, uncontrolled odor), if not remedied within 10 days, may result in revocation of the homeowner's license. (10) If the license holder discontinues having chickens, the homeowner shall have 6C days to remove the coop, pen, and exercise yard associated with the keeping of chickens in its entirety. If the coop was licensed as an allowed third accessory structure for chickens, the coop/third structure must be removed and cannot be repurposed for a storage structure. If the homeowner/license holder fails to perform either of the above, the City may enter upon the subject property, remove the coop, pen, and exercise yard from the homeowner's property, and charge the amount back to the homeowner as an assessment on the property tax roll. Bee Hives (1) The number of hives on residential lots is not to exceed: i. 1 acre or larger: 8 ii. 1 acre to 3/4 acre: 6 iii. 3/4 acre to 1/2 acre: 4 iv. 1/2 acre or less: 2 (2) The bee hive(s) may not be located in the front yard or a side yard abutting a street. (3) Bee hive(s) may be no closer than twenty-five(25) feet to an occupied building on another lot and/or anypublictrail or walkway. (4) The hives shall be located at least ten (10) feet from side and rear property lines. (5) Any property owner who keeps bees shall provide and maintain a nearby, designated water source. B. Number of Animals Allowed. Up to four (4) domestic animals, excluding birds and fish, are permitted in any dwelling unit, but without a residential dog kennel license not more than two (2) may be dogs. Up to three (3) dogs are allowed with a residential dog kennel license. Dog enclosures may be located only in a rear yard in all zoning districts. C. Animals for Research. Animals for research may be kept in appropriate places by conditional use permit. D. Wild Animals. Wild animals are not permitted in any district. Subd. 7 Site Grading. A. Erosion Prevention. Earth surfaces shall be planted or stabilized to prevent erosion. B. Drainage onto Neighboring Property. Finished slopes and grades shall not cause adverse drainage effects on adjoining properties. Attachment D May 19, 2018 MODEL BEEKEEPING ORDINANCE prepared by the Minnesota Hobby Beekeepers Association This model ordinance is not intended to be adopted without legal review by counsel representing the jurisdiction considering it. Like any proposed ordinance, it must be reconciled with existing ordinances and may be revised to fit community standards and needs. Our purpose in advancing the model ordinance is to offer a document with the apicultural framework we believe will enable hobbyist and sideliner beekeepers to safely and successfully pursue this pleasurable and economically, culturally and agriculturally critical activity in urban and suburban areas. WHEREAS, honey bees (apis nnellifera) are of benefit to humankind, and to Minnesota in particular, by providing agriculture, fruit and garden pollination services and by furnishing honey and other useful products; and WHEREAS, Minnesota is among the leading states in honey production and agricultural by-products associated with beekeeping throughout the United States; and WHEREAS, domestic strains of honey bees have been selectively bred for desirable traits including gentleness, honey production, tendency not to swarm and non -aggressive behavior, characteristics which are desirable to foster and maintain; and WHEREAS, gentle strains of honey bees can be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed; NOW THEREFORE, be it ordained and enacted by Section 1. Preamble Adopted. That the findings contained in the preamble of this ordinance are hereby adopted as a part of this ordinance. Section 2. Definitions. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. 2.1 "Apiary" means the assembly of one or more colonies of bees at a single location. 2.2 "Beekeeper" means a person who owns or has charge of one or more colonies of bees. 2.3 `Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Page 1 of 5 Model Beekeeping Ordinance March 12, 2018 2.4 "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. 2.5 "Hive" means the receptacle inhabited by a colony that is manufactured for that purpose. 2.6 "Honey bee" means all life stages and castes of the common domestic honey bee, apis inellifera species. 2.7 "Lot" means a contiguous parcel of land under common ownership. 2.8 "Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. 2.9 "Undeveloped property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. 2.10 "Swarm" means a group of bees, usually calm, with a queen that have left a hive to find a new home. Section 3. Purpose of Ordinance. 3.1 The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. 3.2 Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance. 3.3 Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper's compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. Section 4. Standards of Practice. 4.1 Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. 4.2 Each beekeeper shall ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the hive. 4.3 Each beekeeper shall ensure that no wax comb, syrup for feeding honey bees, or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect -proof container. Page 2 of 5 Model Beekeeping Ordinance March 12, 2018 4.4 For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth 10-frame hive body with no supers. 4.5 Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. 4.6 The beekeeper shall show they have had a complete course on beekeeping including but not limited to disease and mite management and swarm control. Section 5 Colony Density. 5.1 Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 16 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that bees will fly over rather than through the material to reach the colony. If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. A flyway barrier is not required if the property adjoining the apiary lot line (1) is undeveloped, or (2) is zoned agricultural, industrial or is outside of the City limits, or (3) is a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary. 5.2 No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size or configuration of the apiary lot: a. One half acre or smaller lot: 2 colonies b. Larger than 1/2 acre but smaller than 3/4 acre lot: 4 colonies c. Larger than 3/4 acre lot but smaller than 1 acre lot: 6 colonies d. One acre but smaller than 5 acres: 8 colonies e. Larger than 5 acres: no restriction 5.3 Regardless of lot size, so long as all lots within a radius of at least 200 feet from any hive, measured from any point on the front of the hive, remain undeveloped, there shall be no limit to the number of colonies. No grandfathering rights shall accrue under this subsection. 5.4 If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall Page 3 of 5 Model Beekeeping Ordinance March 12, 2018 not be considered in violation the portion of this ordinance limiting the number of colonies if temporarily housing the swarm on the apiary lot in compliance with the standards of practice set out in this ordinance for no more than 6 months from the date acquired. Section 6. Inspection. A designated City official shall have the right to inspect any apiary for the purpose of ensuring compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon prior notice to the owner of the apiary property and more often upon complaint without prior notice. Section 7. Presumed Colony/Hive Value. For the purpose of enforcing City ordinances against destruction of property, each colony/hive shall be presumed to have a value of $275. Section 8. Compliance. 8.1 Upon receipt of credible information that any colony located within the City is not being kept in compliance with this ordinance, [the designated City official] shall cause an investigation to be conducted. If the investigation shows that a violation may exist and will continue, [the designated City official] shall cause a written notice of hearing to be issued to the beekeeper, which notice shall set forth: a. The date, the time and the place that the hearing will be held, which date shall be not less than 30 days from the date of the notice; b. The violation alleged; c. That the beekeeper may appear in person or through counsel, present evidence, cross examine witnesses and request a court reporter, and d. That if [the designated City official] finds that they have been kept in violation of this ordinance, and if the violation is not remediated within the time allowed, the bees may be ordered removed and/or destroyed. Notices shall be given by certified US Mail return receipt requested or personal delivery. However, if the beekeeper cannot be located, then notice may be given by publication in a legal newspaper for the county in which the apiary property is located, at least seven days before the hearing. 8.2 The hearing shall be conducted by [the designated City official]. The burden shall be on the City to demonstrate by a preponderance of evidence that the colony or colonies have been kept in violation of this ordinance. If [the designated City official] finds a violation, then he/she may order that the bees be removed from the City or such other action as may address the violation, and that the apiary lot be disqualified for permitting under this ordinance for a period of 2 years from the date of the order, the Page 4 of 5 Model Beekeeping Ordinance March 12, 2018 apiary lot ownership changes, in which case the prohibition shall terminate. If the order has not been complied with within 20 days of the order, the City may remove, donate or destroy the bees and charge the beekeeper with the cost thereof. Upon destruction of bees by the City, all equipment shall be returned by the City to the beekeeper, with expenses of transportation to be paid by the beekeeper. The City's destruction of the bees shall be by a method that will not damage or contaminate the equipment, include wax foundation. 8.3 The decision of the hearing officer may be appealed by the beekeeper as provided in the City's rules and procedures. If no provision for appeal exists, then the beekeeper may file a notice of appeal with the City secretary within 15 days of the date the order is placed in US Mail to the beekeeper, or 10 days if the decision is announced at the hearing by [the designated City official]. An appeal shall not stay [the designated City official]'s decision, and the beekeeper shall be required to comply with such order pending the outcome of the appeal. 8.4 No hearing and no order shall be required for the destruction of honey bees not residing in a hive structure that is intended for beekeeping. Section 9. Savings Clause. In the event any part of this ordinance or its application to any person or property is held to be unenforceable for any reason, the unenforceability thereof will not affect the enforceability and application of the remainder of this ordinance, which will remain in full force and effect. Section 10. Effective Date. This ordinance shall become effective on 120 Page 5 of 5 PC Agenda Item — 3B ,-AI�EN HILLS MEMORANDUM DATE: June 5, 2024 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #24-010 — No Public Hearing Required Applicant: Nancy Hedin and Tracy Roeder Property Location: 1784 Gramsie Road Request: Variance Requested Action Nancy Hedin and Tracy Roeder ("Applicant") have requested a variance to construct an addition to the east elevation of an existing attached garage on the property located at 1784 Gramsie Road ("Subject Property"). The Applicant has requested a variance to decrease the required side yard setback for corner lots from the minimum requirement of 40 feet to 23.33 feet. The Applicant is proposing a 12 foot by 26.7 foot garage addition to expand the existing attached garage width. The addition would add 321 square feet to the existing attached garage. Background 1. Existing Site Conditions 1784 Gramsie Road, the Subject Property, is zoned R-1, Single Family Residential District. It is designated for Low Density Residential in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by the Applicant. All surrounding parcels are also zoned R-1, Single Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. 2. Site Data 2040 Future Land Use Plan: LDR— Low Density Residential Existing Land Use: Single Family Dwelling Zoning: R-1, Single Family Residential District Lot Size: 0.316 acres Page 1 of 7 3. Proposed Use The Applicant is requesting a variance to decrease the required side yard setback on a corner lot for the Subject Property from 40 feet to 23.33 feet as measured from the portion of the proposed attached garage addition. The Subject Property is oriented with the front of the house and garage facing Gramsie Road and with driveway access off of Gramsie Road. The current attached garage is located 35.33 feet from the west side yard property line along Fairview Avenue. Section 1320.06 of the Arden Hills City Code requires a side yard setback of 40 feet on corner lots. According to the Applicant's narrative, the attached garage is only a single car garage. The Applicant currently has 3 cars and an additional garage space would lead to fewer cars in the driveway. The proposed attached garage addition would provide for a second car stall for car protection, storage, and a work area. The Applicant is requesting a variance for flexibility from the 40 foot side yard setback required for corner lots to construct the proposed addition with a 23.33 side yard setback. The Subject Property was developed in 1958 and today is a nonconforming lot for the side yard setback for corner lots. The proposed garage addition would meet applicable building codes and all other regulations in the R-1 District. The Applicant would not be able to construct the proposed attached garage addition without a variance. 4. Approvals The Planning Commission is being asked to determine if a variance request for flexibility on the side yard setback of a corner lot should be approved. The submitted survey shows the location of the proposed attached garage addition. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1 Single Fancily Residential District) — Section 1320.06 Lot Size and Dimensions — No Changes Proposed The Subject Property was constructed in 1958 with a lot area of 13,749 square feet (Attachment D). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit. In 1955, the Subject Property was platted as part of the Shorewood Hills Number 2 subdivision with a smaller lot size than the minimum size required for single-family dwelling units. The proposed addition would not impact the Lot Size or Dimensions. Structure Setbacks — Variance Requested In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The current principal structure and attached garage is located 42.45 feet from the front yard property line (i.e. Gramsie Road) and is located 43.62 feet from the rear yard property line, with an attached deck located approximately 40 feet from the rear property line. The minimum side yard setback in the R-1 District is 10 feet and 25 feet combined. Additionally, the minimum Page 2 of 7 side yard setback on a corner lot in all residential zoning districts is 40 feet. The current principal structure and attached garage is located 35.33 feet from the side yard property line as measured from Fairview Avenue. The proposed attached garage addition would be setback 23.33 feet from the west side yard property line. Proposed Site Plan Gramsie Road ,- Found t ��,-F.dInch Pinch Ti open Iron Pipe �'e , N89'54'34"E 110.00 N Proposed Addition Proposed U__:Zak_. Setback Existing Setback - 35.33 ft Existing Residence I / O O / --2 -- �O In -Boulder wd , Wooden Deck-'—+----r7 I � I shed I O I - O� F;nind 117 inch _ I � _ 10._0_O X x - Chain Link Fence-" — x- � Required Existing Proposed Garage Addition Front Setback 40 feet 42.45 feet 42.45 feet Rear Setback 30 feet 43.62 feet 43.62 feet no change) Side Yard Corner (West) 40 feet 35.33 feet 23.33 feet Side Yard East 10 feet 20.46 feet 20.46 feet no change) Side Yard Total Both Side Yards 50.2 feet 38.2 feet Page 3 of 7 Landscaped Area —Meets Requirements In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 8,936.85 square feet. The Subject Property has an existing landscaped area of 10,421 square feet or 75.79%. The proposal, including the garage addition, would decrease the total landscaped area by 321 square feet to 10,100 square feet, or 73.46% percent of the property. Structure Coverage — Meets Requirements The R-1 District allows for a maximum structure coverage of 25% or 3,437.25 square feet of the Subject Property. The existing structure coverage is 2,136 square feet or 16%. The proposed addition would increase the total structure coverage by 321 square feet for a total of 2,457 square feet, or 18% of the Subject Property. 2. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 3. Variance Requirements — Section 1355.04, Subs. 4 The Applicant requests a variance to construct an attached garage addition to the west elevation of their existing attached garage that would impede on the required side yard setback on a corner lot in the R-1, Single Family Residential District. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1784 Gramsie Road is for a proposed attached garage addition. The Subject Property is zoned R-1, Single Family Residential District and is guided as Low Density Residential on the Land Use Plan. Page 4 of 7 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the proposed garage addition would be used for car protection, storage, and a work area. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the plight of the property owner is due to circumstances unique to the property due to the setback from the street. This circumstance was not created by the landowner. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the proposed addition will conform with the existing home and will be constructed with similar material to match the existing home. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that the proposed addition is to accommodate the needs of the homeowner and is not for economic reasons only. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. 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. City Staff received a land use application for a variance request to the required R-1 Zoning District side yard setback for corner lots at the Subject Property 1784 Gramsie Road. 2. A single-family dwelling is a permitted use within the R-1 Zoning District. 3. The proposed addition would have a decreased side yard setback for a corner lot of 23.33 feet. Page 5 of 7 Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed addition would not alter the essential character of the neighborhood because the proposed design will look and feel consistent with the existing structure. The variance request is not based on economic considerations alone. 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. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 24-010 for a Variance to construct an attached garage addition with a 23.33 side yard setback on a corner lot at 1784 Gramsie Road, based on the findings of fact and the submitted plans, as amended by the conditions in the June 5, 2024, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building addition shall conform to all other standards and regulations in the City Code. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 24- 010 for a Variance to construct an attached garage addition with a 23.33 side yard setback on a corner lot at 1784 Gramsie Road, based on the findings of fact and the submitted materials in the June 5, 2024, Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 24-010 for a Variance to construct an addition with a 23.33 side yard setback on a corner lot at 1784 Gramsie Road, 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 24-010 for a Variance to construct an addition with a 23.33 side yard setback on a corner lot at 1784 Gramsie Road: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on May 23, 2024. A public meeting notice for this planning case was published in the Pioneer Press on May 23, 2024. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has not received any written or verbal comments regarding this proposal as of May 30, 2024. Page 6 of 7 Deadline for Agency Actions The City of Arden Hills received the completed application for this request on May 9, 2024. Pursuant to Minnesota State Statute, the City must act on this request by July 7, 2024 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. Attachments A. Land Use Application B. Location Map C. Variance Request Letter D. Certificate of Survey E. Building Elevations Page 7 of 7 Attachment A . 9 :XW'J11LT;iE EEN HILLS Planning Case No. 24- --- - -- - Submittal Date _ 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by Telephone (651) 792-7800 Receipt Number Fax (651) 634-5137 Council Decision www.cityofardenhills.org Council Decision Date 2024 LAND USE APPLICATION Applicant Information Applicant:, Address: 1 1; Telephone No.: Other: Fax No.: Email Address: t Property Information Property Owner: Owner Address: y� Owner Tele;;hone No.Z , --3.52 73Zrp Other - Address of PrqpeqyInvvolveed: Legal Description: ,r,'� —- — Propertv ID No.: Tv;;e of Use: Zone: ��: _Q �G.,.r,~ Property Acreage: f3 ��— Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow $1,500) ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) XVariance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Page 1 of 3 Brief Description of Request lease also include a typed. detailed letter explaininci the proiecti *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filinq & Information Reauirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Pavment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meetincl Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules rybelow are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2024 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1st day of the preceding month) January 3 February 12 December 1 2023 February 7 March 11 January 2 March 6 Aril 8 February 1 April 3 Aril 22 March 1 Ma • 8 May 27* Aril 1 June 5 June 24 May 1 Julv 10 (rescheduled date) July 22 June 3 -August 7 August 26 July 1 September 4 September 23 August 1 October 9 October 28 Se tember 2 November 6 November 25 October 1 December 4 January 13 2025 November 1 Acknowledgement and Siqnature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Ow t g'nature (Required) fi Applicant Signature (If different than the property owner) f 3e 9 Dat Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www. citvofardenhills. or.Aandusea;',lications Page 3 of 3 Location Map Attachment B 41 5/17/2024, 2:25:05 PM Personal Property Tax Parcels L••—•� Cities r County Offices q!t` i 4Jd14r t ^^ �r kL as W Y # 1. T J , 1 s !r "65 "1' 1761 {',- , 4"•4. � 1" I , 7595 S11 W1777767 ,,qz r , A'''lpJ 174� i11 Yi%10 �2t;' i7i+! t 1:2,400 0 0.03 0.06 0.11 mi 0 0.04 0.09 0.17 km Ramsey County Ramsey County MN Attachment C City of Arden Hills Variance request: (revised 5/9/2024) Address: 1784 Gramsie Road, Arden Hills, MN. 55112 Owner's: Nancy Hedin & Tracy Roeder To whom it may concern, The home owners are requesting a variance from the city of Arden Hills for a 12'x 24' garage addition to the right side of their residence. The owners reside in the home at the present time. Currently there is only a single car garage on the home. The proposed garage addition will be used for car protection, storage, and work area. The proposed addition will conform to the existing home and will be constructed with similar material to match the existing home. The proposed addition will not alter the character and feel of the existing neighborhood. The proposed addition is to accommodate the needs of the home owner and is not for economic reasons only. Additional criteria requested by city: a. The property currently has a one car garage; the property owners have 3 cars - need garage space for at least one more car. Better neighborhood aesthetics — less cars in driveway. b. The plight of the landowner is due to circumstances unique to the property (setback from street) and was not created by the landowner. c. The variance is for a single car garage to be added to right side of existing garage and does not create a land use not permitted in the zone. Thank you for considering our proposal. Sincerely, Nancy Hedin Tracy Reoder Attachment D Fairview Avenue z c- Q � I � I N 0 — — 0 I 0� to P- Certificate of Surveyf-AffiHakanson —E I REVISION for Lot , Brook io ' RICE CREEK BUILDING SHOREWOOD HILLS N0. 2 Anderson AND REMODELING utili seeaaj%arorMiNNEso1 s.-4z,- — .No. <a=A oa<e ,,oiv , -,; et -- - - - , �, -... �., - PC Agenda Item — 3C ,-AI�EN HILLS MEMORANDUM DATE: June 5, 2024 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #24-012 — No Public Hearing Required Applicant: Primrose School Property Location: 4061 Lexington Avenue N. Request: Sign Standard Adjustment (Site Plan Review) Requested Action Primrose School ("The Applicant") has submitted a land use application for a Sign Standard Adjustment through the Site Plan Review process for the property located at 4061 Lexington Avenue N. ("Subject Property"). The Applicant is proposing to install signage on an existing freestanding structure along Lexington Avenue. The use of the freestanding structure has been discontinued for several years and was previously considered nonconforming. The Applicant is seeking flexibility through the Site Plan Review process as a sign standard adjustment to exceed the requirements and sign standards for the height, sign area, and quantity of sign faces in Sign District 6. Background 1. Overview of Request The Applicant has submitted a land use application for a Site Plan Review, seeking flexibility on the height, sign area, and quantity of signs allowed for the Subject Property. The Subject Property has road frontage along County Road F West and Lexington Avenue. The Primrose School of Arden Hills and Shoreview opened in October of 2019 and is part of a national system of accredited private preschools that provide child care and early education. The Applicant is seeking flexibility to install signage on an existing freestanding structure along Lexington Avenue. The existing freestanding structure does not conform with sign standards and requirements for freestanding signs in Sign District 6 due to height, sign area (i.e. sign cabinet), Page 1 of 10 and sign quantity. The City is asked to consider the request for a sign standard adjustment through the Site Plan Review process. 2. Background The Subject Property was redeveloped by Bremer Bank in 2016 as an approximately 18,000 gross square foot, two-story bank and office building. The site also had a teller drive -up lane and drive -up ATM. Bremer Bank was permitted to retain an existing freestanding pole sign located at the corner of Lexington Avenue and County Road F as part of the 2016 redevelopment approval. In 2018, the City Council approved Planning Case 18-010 — a Site Plan Review for the site to be redeveloped by Primrose School, which included extensive renovations to the interior of the building and the replacement of parking stalls and drive lanes to the west and south sides of the building for the installation of a playground area and parking area modifications to the north side of the building. The changes in parking triggered the Site Plan Review. As part of the 2018 Site Plan Review and approval, the Applicant proposed to retain and reface the existing legal nonconforming freestanding sign. A condition of approval was "The existing pylon sign at the intersection of County Road F and Lexington Avenue may remain in place. The applicant shall work with staff to utilize the sign in conformance with the Sign Code." Per Section 1280.01 — Nonconforming Signs of the City's Sign Code, a legal nonconforming sign may be continued through repair, replacement, restoration, maintenance, or improvement. If the use of the nonconforming sign or sign structure is discontinued for a period of one (1) year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of the sign code. The Bremer Bank signage was removed from the freestanding pole sign between 2018 and 2019 and replaced with a blank neutral -toned panel within the two cabinets that matches the color of the structure. Therefore, discontinuing the use of the nonconforming sign and starting the one (l ) year period to retain the nonconforming status. The Applicant notes that the structure has been unused and standing for at least 5 years. The Applicant has stated that with the pandemic occurring within 5 months of starting operations, infrastructure projects were put on hold and the signage project was not a priority. With the discontinuance of the nonconforming sign, the freestanding structure cannot be used except in conformity with the sign code provisions. The Applicant may either propose a new sign that conforms with the sign code provisions for Sign District 6 (i.e. reduce height and sign area of cabinet) or apply for a sign standard adjustment through the Site Plan Review process for flexibility as a new freestanding sign. The Applicant submitted several applications for new signage at the Subject Property on May 1, 2024. The sign plans (Attachment D) including new wall, window, and freestanding signage. The wall signs were found in compliance with the Sign District 6 requirements and permits were issued. Staff identified that an additional step would be needed for the proposed freestanding sign given the discontinued nonconforming use of the former sign. Page 2 of 10 3. Site Data Future Land Use Plan: Light Industrial and Office Existing Land Use: 1. Day care Facility Zoning: 1-1 District Size: 4.86 Acres Direction Future Land Use Plan Zoning Existing Land Use North I/O — Light Industrial and Office I-1 — Limited Industrial District OFC — Office South I/O — Light Industrial and Office I-1 — Limited Industrial District COM — Day Care Facility OFC — Office PUD — Planned Unit Development Mixed Use Office and High East Mixed Use - City of Shoreview City of Shoreview Density Residential — City of Shoreview West UO — Light Industrial and Office I -I — Limited Industrial District COM — Day Care Facility OFC — Office 4. Existing Conditions The Applicant is located at 4061 Lexington Avenue North. The Subject Property is located in the I-1 Zoning District and is part of Sign District 6. Sign District 6 allows for freestanding signs with a maximum sign copy area of 45 square feet, a maximum sign area of 1.5 times the proposed sign copy area, and a maximum height of 12 feet. For properties that front more than one public street, an additional freestanding sign may be permitted for each street front granted additional signage does not exceed half (i.e. 22.5 square feet) of the maximum freestanding sign area allowed in the sign district. As part of this sign proposal, the Applicant is requesting to install two signs totaling up to 26 square feet of sign copy area and a combined total sign area of 87 square feet on the existing freestanding structure along Lexington Avenue. The height of the proposed sign would be 27.58 feet and the proposed sign would be internally illuminated. Page 3 of 10 Approvals 1. Site Plan Review The Applicant is proposing to install two cabinets on an existing freestanding structure with two signs, one at 19.88 square feet in sign copy area and the other at 5.74 square feet in sign copy area. The total signage is 26 (i.e. rounding 25.62) square feet of sign copy area on the east side of the Subject Property. The proposed height of the sign is 27 feet and 7 inches. To install this freestanding sign, the Applicant is looking for flexibility from the City Code, Chapter 12 — Sign Code through the Site Plan Review process. Sign Standard Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. Sign District 6, applicable to the Subject Property, allows for one freestanding sign along each public street that the property abuts. Plan Evaluation Chapter 12, Sign Code Review A. Sign Standards by Sign District — Section 1240.02, Subd. 2 — Freestanding Pole or Monument Signs 1. Size of Freestanding Signs -Copy Area —Meets Requirement Sign District 6 allows freestanding signs with a sign copy area of no more than 45 square feet. The Applicant has proposed two freestanding sign faces to be installed in the existing structure Page 4 of 10 cabinets, one at 19.88 square feet in sign copy area and the other at 5.74 square feet in sign copy area. The total is 26 (i.e. rounding 25.62) square feet of sign copy area on the east side of the Subject Property. 2. Size of Freestanding Signs — Sign Area — Flexibility Requested The total area of a freestanding sign shall not exceed 1.5 times the permitted sign copy area of a freestanding sign. The total sign area includes all sign copy, graphics, decorative features, borders, and structural supports except for the poles. The proposed signage includes the installation of two separate sign faces in the existing structure cabinets. The proposed upper cabinet sign copy area is 19.88 square feet, allowing for a total sign area of 29.82 square feet. The proposed sign area is 77.49 square feet. The proposed lower cabinet sign copy area is 5.74, allowing for a total sign area of 8.61 square feet. The proposed sign area is 9.12 square feet. The total sign area for the proposed signage is 86.61 square feet between the two sign faces. Proposed Upper Cabinet S',2- H. x 1541' W. Upper Cabinet Pylon Sign: 71.49 sq. ft. 'Primrse School' Letters: 11-51/2" H. x IT., 0" W. Letters Area: 19.88 sq. ft a-2 5/8- Proposed Lower Cabinet 2 3'-0 3/4" H. x 2'-11 3/4" W. Lower Cabinet Pylon Sign: 9.12 sq. ft. Logo: 2'-4W H. x 2'-4 3W W. Logo Am: 5.74 s4 it 2-11 314' 2'-3/4' r�—_ 2' 44 31r�- 4' v c�S o c�S Page 5 of 10 3. Number of Freestanding Signs — Meets Requirements No more than one freestanding sign is permitted on any site except in cases where properties front more than one public street. For properties that front more than one public street, an additional freestanding sign may be permitted for each street front provided that each additional freestanding sign does not exceed half the size of the maximum sign area allowed for a freestanding sign in the underlying sign district. The Subject Property shall be permitted two (2) freestanding signs since there is direct road frontage along County Road F and Lexington Avenue. Under this application, the Applicant is proposing to install two freestanding sign faces on one street front of the Subject Property. The proposed signs would be installed within the same pole sign structure on the east side of the property along Lexington Avenue. The Applicant's request is to use both the upper and lower cabinet of the existing pole sign. At 9.12 square feet, the lower cabinet sign area is less than half the size of the maximum sign area of 45 square feet permitted within Sign District 6. Page 6 of 10 4. Height ofFreestanding Sign — Flexibility Requested Sign District 6 allows freestanding signs with a maximum height of 12 feet. The proposed freestanding structure has a height of 27.58 feet. The Applicant states that the existing height of the post and sign seems proportional to the building. 5. Location of Freestanding Sign — Meets Requirements Freestanding signs shall be located at least five (5) feet from any property line and shall not project over the property line. However, if the bottom edge of the sign copy is not located at least ten (10) feet above the ground with supports that do not encroach on the clear vision area of approaching traffic, the sign shall be located to preserve the clear vision area. The existing freestanding structure base is located approximately 5 feet from the east property line according to visual images of the structure and the site plan submitted as part of the 2018 Site Plan Review (Attachment E). The sign standard adjustment request does not include a change to the location of the existing structure. Sign Standard Adjustments — Section 1260.01 The Applicant requests flexibility for the height, sign area, and sign quantity in order to allow the proposed freestanding sign for the Subject Property. City Code Section 1260.01, Sign Standard Adjustments states "adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process." In order to approve any sign standard Page 7 of 10 adjustment, the Planning Commission will need to make a determination that the following criteria of Subdivision 1 or Subdivision 2 have been satisfied, and the necessary criteria of Subdivision 3 has been satisfied: Subd. 1 There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site. According to the Applicant, Subdivision I of the City Code Section 1260.01 does not apply to this site since it is a corner property. 2. Subd. 2 The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site. According to the Applicant's narrative, the proposed sign is in line with this criterion. The building is a brick building with the unique front facing fa(ade with all glass and bronze and black metal features. The Applicant states that the existing height of the post and sign seems proportional to the building. 3. Subd. 3 The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. According to the Applicant, the proposal is to continue to use the sign as it was there before. The Applicant states that the sign is not inconsistent with the signage that is permitted around that neighborhood and is not inconsistent with the purpose of the zoning district or the current land use for the property. 1355.04 Procedural Requirements for Specific Applications Section 1355.04, Subd. 5 of the Arden Hills Zoning Code states that a public hearing is not required for Site Plan Review, but neighboring property owners shall be notified. Notification was prepared in accordance with City policy. Additional Review Ramsey County Ramsey County has been sent the plans and has not provided additional comments at this time. 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. City Staff offers the following findings for consideration: 1. The Subject Property is located in the I-1 Zoning District and is guided as Light Industrial and Office in the Land Use Plan. Page 8 of 10 2. The Applicant has submitted an application for Site Plan Review to install signage on an existing freestanding structure for the Subject Property. 3. Sign Standard Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. 4. Flexibility through the Site Plan Review process has been requested for the height, sign area, and sign face quantity for a freestanding sign on the Subject Property. 5. The proposed signage plan does not conflict with the general purpose and intent of the I-1 Zoning District or the Comprehensive Development Plan for the City. 6. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. 7. The proposed plan will not produce any permanent noise, odors, vibration, smoke, dust, air pollution, heat, liquid, or solid waste, and other nuisance characteristics. 8. A public hearing is not required for Site Plan Review. Proposed Motion Language Staff has provided the following options and motion language for this case. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 24- 012 for Site Plan Review at 4061 Lexington Avenue N., based on the findings of fact and the submitted plans, as amended by the conditions in the June 5, 2024, Report to the Planning Commission: 1) The project shall be completed in accordance with the plans submitted. Any significant changes to these plans, as determined by the Community Development Director, shall require review and approval by the Planning Commission and City Council. 2) A sign permit shall be required for all proposed signage. 3) All signage shall meet all other requirements of Sign District 6. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 24- 012 for Site Plan Review at 4061 Lexington Avenue N., based on the findings of fact and the submitted plans in the June 5, 2024 Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 24-012 for Site Plan Review at 4061 Lexington Avenue N., based on the following findings of fact: findings to deny should specifically reference the reasons for denial. 4. Table: Motion to table Planning Case 24-012 for Site Plan Review at 4061 Lexington Avenue N.: a specific reason and/or information request should be included with a motion to table. Public Notice and Comments Staff published a notice in the Pioneer Press as per City procedure on May 23, 2024. Public notices were mailed out on May 23, 2024. The mailing was sent to neighbors within 500 feet of the subject parcel. No comments have been received regarding this application as of May 30, 2024. Page 9 of 10 Deadline for Auncy Actions The City of Arden Hills received the completed application for this request on May 13, 2024. Pursuant to Minnesota State Statute, the City must act on this request by July 11, 2024 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. The sixty (60) day timeline begins on the day the City is in receipt of what has been determined to be a complete application. With consent of the applicant, the City may extend the review period beyond the initial 120 days. Attachments A. Land Use Application B. Location Map C. Applicant Narrative D. Sign Plans Page 10 of 10 "I't -ARzEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Attachment A Planning Case No. 24- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2024 LAND USE APPLICATION Applicant Information nt: Primrose School of Arden Hills and Shoreview Address: 4061 Lexington Ave N. Arden Hills, MN 55126 Telephone No.: 651.340.0787 Other: Fax No.: Email Address: skarmaliani(a)primrosesavage.com Property Information Property Owner: Primshoreview Holdings LLC (Saleem Karmaliani) Owner Address: 2841 E Lake of the Isles Pkwy, Minneapolis, MN 55408 Owner Teleahone No. 612.559.2288 Other: Address of Property Involved: 4061 Lexington Ave N, Arden Hills, MN 55126 Legal Description: LAND O'LAKES ADDITION SUBJ TO ESMTS AND RD; N 260 FT OF E 335 FT OF LOT 3 BLK 1 Property ID No.: 273023110007 of Use: 5E K-12 SCHOOL -PRIVATE Zone: Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow: $1,500� Q Site Plan Review (Fee: $450 + Escrow: $1,500) Property Acreage: 1.8795 ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Pagel of 3 Brief Description of Request Requesting flexibility to the sign standards in order to allow the use of the existing freestanding sign at the interesection County Road F and Lexingon Ave N. Please see the narrative and Renderings Attached to this application *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Pavment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meetina Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2024 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m.) TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1" day of the preceding month) January 3 February 12 December 1 (2023) February 7 March 11 January 2 March 6 Aril 8 February 1 April 3 Aril 22 March 1 May 8 May 27* Aril 1 June 5 June 24 May 1 July 10 rescheduled date July 22 June 3 August 7 August 26 July 1 September 4 September 23 August 1 October 9 October 28 September 2 November 6 November 25 October 1 December 4 January 13 (2025) November 1 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. P�A� 05/13/2023 Property Owner Signature (Required) Date Applicant Signature (If different than the property owner) Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.citvofardenhills.orp/landuseapplications Page 3 of 3 5/22/2024, 3:41:25 PM Personal Property 1:2,400 0 0.03 0.06 0.11 mi Tax Parcels L••—•! Cities R County Offices 0 0.04 0.09 0.17 km Ramsey County Ramsey County MN Primrose School of Arden Hills and Shoreview 4061 Lexington Ave N Arden Hills, MN 55126 Attachment C 651.340.0787 Reauestinp- flexibilitv to the sign standards in order to allow the use of the existing freestanding sign for Primrose Schools, at the intersection County Road F and Lexington Ave N. We are submitting this statement in support of our application to allow flexibility to Primrose in using the existing freestanding sign that's already on the property. Background: We are the Franchisee of Primrose Schools° based out of Atlanta, Georgia. We were awarded the site at 4061 Lexington Ave N, through the Primrose Schools ° Real Estate Team who was involved in the initial process with the city in getting this site approved and developed as Primrose School, converting it from the Bremer Bank Building. Why signage was not done on Primrose within the first year of completion: We opened our doors of the school in October of 2019, while some of our signage was still being worked on including the freestanding pylon signage, previously used by Bremer Bank. Unfortunately, Pandemic hit us within the first 5 months of our operations, and we lost majority of our existing and projected income. We had high debts and mortgages to support and newly hired staff and management to pay. Thus, all the infrastructure projects were put on hold. We did not know if we were going to be able to survive in 2020 due to COVID impact and so signage project never took off as a priority. In 2023, after a couple of years of stability, we restarted the signage project and applied for the state funding to help us with the cost, since we lost our initial contract funds from Primrose Schools. Unfortunately, Primrose Schools° real estate team never shared with us the conditionality from the City, as part of the site plan approval, that the freestanding sing was considered non -confirming and that we had one year from the completion date to start using that sign in order to remain compliant. If we had known about it we would have at least had asked the city to give us extra time during Covid or would have worked on getting the freestanding pylon signage work completed within one year. We became aware of this condition for very first time from the city on Friday May 10, 2024 after our permits were approved. The Leader in Early Education and Care Primrose School of South Minneapolis and Richfield 6500 Richfield Pkwy. Richfield, MN 55423 612-999-0666 Primrose requesting accommodation for the use of existing freestanding structure We request the city to please allow us the use of the freestanding structure as it stands today. The structure has been unused and standing for at least 5 years and by utilizing it with the beautiful Primrose Green and White Letters and Primrose Logo will enhance the look and feel of that pylon sign and improve its presence on the intersection of County road and F and Lexington. As City knows that's the entrance to two major corporate companies, Land O'Lakes and Boston Scientific. The intersection and how this sign presents itself with the Primrose Proposed enhancement will keep the professional look of the property and the surrounding commercial properties. The sign already has the electrical connection but the old Bremer bank pylon faces and the post were worn out and the entire post needed some upkeep and fabrication. See below what Primrose intends to accomplish and has already started the work on the structure. Subdivision 1 of the City Code Section 1260.01 doesn't apply to this site since it is a corner property. What Primrose proposes is in line with the Subdivision 2 of the city code section 1260.01. The Bremer Bank Building is a brick building with the unique front facing facade with all glass and bronze/black metal look. See below The Leader in Early Education and Care Primrose School of South Minneapolis and Richfield 6500 Richfield Pkwy. Richfield, MN 55423 612-999-0666 The old Bremer Bank pylon sign and post were royal blue in color and were not fitting with the style of the building or the surrounding area. Back in 2019, before Pandemic, Primrose had already started working on the sign and wanted to enhance look of the free existing sign to match the building. With the flexibility to use this existing sign by the City, Primrose will continue to facelift the look as it matches the building and the surrounding areas and still confirming to city's original intent of letting Primrose use this freestanding structure, which would really enhance and improve the presence of the signage at the property. See below the work that's already been done and it would be our request to let us complete what we started in 2019. The Leader in Early Education and Care Primrose School of South Minneapolis and Richfield 6500 Richfield Pkwy. Richfield, MN 55423 612-999-0666 Now please see the renderings that Primrose has completed with the SignArt company (attached with this application) that shows how the sign structure is not only going to be enhanced but will match this unique building look of brick, glass and metal. Also, since the height of the building (as an early childhood school) is pretty unique, and the existing height of the post and sign seems proportional to the building, it only makes sense to continue to let Primrose use it to not disturb the look and feel of that property and only to improve upon what's already in place. Primrose is requesting flexibility to use the existing freestanding sign with the proposed rendering of two-sided pylon faces, totaling 77 sgft and the logo underneath of 9 sgft totaling to 86 sgft. Primrose proposes to continue to use the sign as it was there before: which is not inconsistent with the signage that's permitted around that neighborhood and is not inconsistent with the purpose of the zoning district in which the property is located or the current land use as required by the Subdivision 3 or city code 12601.01. The Leader in Early Education and Care a a N O N tE 4) W z O N W w W Q Y Q a z c7 _ c U cn N E d o U z N 2 C ° Q ¢ U O N fs/7 o m o $z U�p)N _ (n !�Y to N2 UO Oi Ca W E° �w d Qfn 0: m N CM CM r NON N MAN V! 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U! z\ J k A 7) �¢ 2)\ kIL ! j J / m a - 00 tE LU k LU \ a. § 2L) -4M 2 LA E efle ji Ff LLJ 0 cz C/) r 2 in oVC LU as C > Lu of = 0 = O < (A z 0 'Z cz z LU r - Z LU, 0 Lu , Z E 0 z Q, in zn cr �.- E W LLJ ty; to si U Y. Ag 0 0 2. > HiWN 3 A N 3 PIV �r7 t-7 ------- - ------------------ -- ---- ---------- CC yj z NII < < 7�III - At 7 PC Agenda Item — 4A ,-ARZEN HILLS MEMORANDUM DATE: June 5, 2024 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Sign Code Review — Summary of EDC Review Requested Action The Economic Development Commission has reviewed Chapter 12 — Sign Code of the City of Arden Hills Code of Ordinances. Members of the EDC have drafted a summary of recommended revisions for the City's Sign Code to be reviewed with members of the Planning Commission. Background At their April 17, 2023 meeting, the City Council reviewed a list of staff -identified code amendments for further discussion. Signage was added to this list as a task for the Economic Development Commission. Direction was given to review the current sign code to ensure the standards are consistent with current technology and community needs. At the August 23, 2023 Economic Development Commission meeting, staff presented an introduction to the sign code, with a focus on non-residential, permanent commercial message signage, covering the current format and content of the code with sign standards by sign district and sign type. At subsequent meetings, the EDC reviewed standards for different sign types with an awareness of recent requests for sign standard flexibility through planned unit developments and sign standard adjustments. The group considered wall signage, freestanding signage, and dynamic display signs. The review also included a comparison of the sign codes for the Cities of Shoreview and New Brighton. Summary of EDC comments Takeaways from the EDC review of the city sign code were that the sign code should be easy for business owners to understand and equitable. Commissioners suggested that the sign code could be made simpler and more approachable for businesses. The more detailed summary of the EDC's review comments are included in Attachment A and noted below: General Sign Code - Recommendations Page 1 of 2 o Base sign districts on zoning district. Sign districts could be combined to be simpler. Wall Signage - Recommendations o Base the maximum permitted wall sign copy area on a percentage of the proposed building elevation. o If percentage of the proposed building elevation is used to calculate signage, set a minimum permitted sign copy area to ensure smaller buildings are still permitted sufficient sign copy area. o Base the maximum permitted wall sign copy area on building footprint square footage. Freestanding Signage - Recommendations o Base the maximum permitted sign copy area and sign area on building square footage. o For a property with two street frontages, permit two monument signs with the same or a similar square footage. o Review permitted sign lighting by sign district. Dynamic Display Signs - Recommendations o Permit dynamic display signage for other uses in addition to drive thru, restaurant. o Regulate dynamic display sign brightness and other features with the intent to minimize impact to residential uses. Colored lighting - Recommendations o Incorporate colored lighting into the sign code. Discussion Members of the Economic Development Commission will be present at the Planning Commission meeting. Staff invites the Planning Commission to review the comment summary provided and ask questions and offer feedback to the EDC based on the provided information. Commissioners may also make additional comments to be considered prior to the summary document going before the City Council. Next Steps Staff will prepare a summary of the EDC and Planning Commission comments to be shared with the City Council at a future work session meeting for further discussion and direction. Attachments A. Comment Summary for EDC Sign Code Review B. Sign Code Page 2 of 2 Attachment A Economic Development Commission Sign Code Review Comment Summary General Sign Code - Recommendations o Base sign districts on zoning district. Sign districts could be combined to be simpler. Wall Signage - Recommendations o Base the maximum permitted wall sign copy area on a percentage of the proposed building elevation. o If percentage of the proposed building elevation is used to calculate signage, set a minimum permitted sign copy area to ensure smaller buildings are still permitted sufficient sign copy area. o Base the maximum permitted wall sign copy area on building footprint square footage. Freestanding Signage - Recommendations o Base the maximum permitted sign copy area and sign area on building square footage. o For a property with two street frontages, permit two monument signs with the same or a similar square footage. o Review permitted sign lighting by sign district. Dynamic Display Signs - Recommendations o Permit dynamic display signage for other uses in addition to drive thru, restaurant. o Regulate dynamic display sign brightness with the intent to minimize impact to residential uses. Colored lighting - Recommendations o Incorporate colored lighting into the sign code. Chapter 12 - Sign Code I Attachment B Section 1200 - Purpose and Intent 1200.01 Recitals. This Chapter shall be known, cited and referred to as the Arden Hills Sign Code, except as referred to herein, where it shall be known as "this Chapter." 1200.02 Purpose and Findings. The purpose and findings of this Chapter are as follows: Subd. 1 Purpose. This Sign Code is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well -maintained, safe, and attractive community, and the need for effective communications, including business identification. It is the intent of these sign regulations, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public in all areas of the City. It is not the purpose or intent of this Chapter to regulate the message displayed on any sign. The purpose of this Chapter is to authorize: A. Permanent signs which establish a high standard of aesthetics and are appropriate for the planned character in each sign district as established in Section 1240; B. Signs which are compatible with their surroundings; C. Signs which are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or create a hazard to motorists, pedestrians, or cyclists; D. Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; E. Permanent signs which give preference to the on -premise owner or occupant; F. Temporary commercial signs and advertising displays which provide an opportunity to advertise while restricting signs that create visual clutter and hazards at public right-of-way intersections; G. Minimize adverse effects on nearby property; and, H. Provide for fair and consistent enforcement of the sign regulations set forth herein under the authority of the City. Subd. 2 Findings. The City finds it is necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community to control the construction, location, size, and maintenance of signs. Further, the City finds: A. Permanent and temporary signs have a direct impact on and relationship to the image and aesthetic of the community; B. The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; C. An opportunity for viable identification of community businesses, residences, and institutions must be established; D. The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that create a hazard for drivers, particularly from dynamic display signs; E. Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire -fighting and other emergency service; F. Uncontrolled and unlimited signs and sign types, particularly dynamic display signs, adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth; G. Uncontrolled and unlimited signs, particularly temporary signs which are commonly located within or adjacent to public right-of-way or are located at driveway/street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information; H. Commercial signs are generally incompatible with residential uses and should be strictly limited in residential zoning districts; and I. The right to express noncommercial opinions in any zoning district must be protected, subject to reasonable restrictions on size, height, location and number. 1200.03 Scope of Regulations. The sign regulations set forth in this Chapter shall apply to all structures and all land uses. This Chapter describes the signage standards for the nine sign districts that overlay the zoning districts of the City. Specific additional regulations are established for signs which are unique in purpose and not easily addressed by district regulations. No person, property owner, lessee shall place, erect, alter, modify, enhance or change in any way a sign that does not conform to the requirements of this Chapter and all other applicable regulations. 1200.04 Severability. If any section, subsection, sentence, clause, phase, or other part of this Chapter is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portion of this Chapter. The City Council hereby declares that it would have adopted the Chapter in each section, subsection, sentence, or phase thereof, irrespective of the fact that any one or more sections, subjections, sentences, clauses, or phrases are declared invalid. Section 1210 - Definitions 1210.01 Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicated a different meaning: • Auxiliary sign. A sign that provides direction for internal circulation, parking or entry, restrictions on parking, security warnings, or other similar primarily noncommercial signs that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising signs. • Banner. Any temporary sign of lightweight fabric or similar material mounted to a pole or a building at one (1) or more edges. Billboard. See "Outdoor advertising sign." Canopy/awning sign. A message or logo on an awning or canopy which is constructed according to the requirements of the building code, is an integral part of the building, and is consistent with the architecture and design of the building. • Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road starting at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection and then a line connecting these two end points. • Changeable message sign. A message that is not permanently attached to the sign face but is not a dynamic display. The message is changed manually. • Commercial message sign. Any message which identifies a business or product or promotes the sale of any product or service. • Dynamic Display. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes, but is not limited to, any rotating, revolving, moving, flashing, blinking, projecting, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink," or any other method or technology that allows the sign face to present a series of images or displays. • Freestanding sign. A self-supporting sign usually held up by uprights placed in the ground or any other base that is anchored to the ground. • Grand opening. Commencement of operation of a new business. For purposes of the ordinance, a grand opening is considered to occur if there is a business name change or change in type of business or activity. • Graphic sign. A sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy. • Illuminated sign. Any sign, which has characters, letters, figures, designs or outlines which is illuminated by an artificial light source. • Incidental sign. Any sign that is generally not understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the City Administrator of their designee. • Lighting, backlit. An illuminated sign where the light source which illuminates the wall behind individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette against the lighted surface. Lighting, external. The sign is illuminated by means of external light fixtures directed at the sign. Lighting, internal. An illuminated sign having the source of illumination located inside a translucent panel and is not directly visible. • Menu Board Sign. A freestanding exterior sign adjacent to the drive -through lane at a drive -through facility that identifies items for sale at the facility and their associated prices for customers. The menu board must comply with §1240.02 of this chapter. • Monument sign. A freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and is less than sixteen (16) feet in height. • On -premise sign. A sign whose message is related to the property or the activity and use occurring on the property on which the sign is located. On -premise signs include multi -tenant identification signs that may advertise tenants on different property provided such tenants are within the same approved PUD and parking is shared between properties. • Outdoor advertising sign. Any sign that is located outdoors and that advertises a product, business, service, event, or any other matter that is not available, or does not take place, on the same premises as the sign. Outdoor advertising signs are commonly called billboards. An outdoor advertising sign does not include a sign that is not readily understandable or readable from property other than where the sign is located, such as from adjacent property or a public street, as determined by the City Administrator or their designee. Permanent sign. Any sign that is not temporary. Pole sign. A freestanding sign that is elevated off the ground by one or more poles. Portable sign. A temporary sign with or without copy and graphic that is designed or intended to be moved or transported but not including banner signs. Examples of portable signs include, but are not limited to: A -frame or T-frame signs, sandwich signs; signs designed to be transported by trailer or on wheels; and signs mounted on a vehicle for advertising purposes, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business. A sign may be a portable sign even if it has wheels removed, was designed without wheels, or is attached to the ground, a structure, or other sign. • Projecting sign. A sign, other than a wall sign, that is attached to and projects more than eighteen (18) inches from the building fagade. • Public sign. A traffic control sign in Minnesota State Statutes; any identification sign installed in a public park by a public authority; and any other identification, regulatory, or warning sign approved by the City Council for installation on public land. • Re -facing. The process of replacing the sign copy, message, logo, or graphic on a sign without altering or moving the structure to which the sign face is attached. Roof sign. A sign that is mounted on the roof of a building or on a parapet wall that is above the roof line. Rotating sign. A sign or a portion of a sign which moves in a rotating oscillating or similar manner other than changing signs. • Service area canopy. Open air roof -like structure that projects from the wall of a building or is freestanding and is for the purpose of shielding equipment and/or people from the elements; is often found covering service or gasoline station islands. • Sign. Any written message, pictorial presentation, number, illustration, decoration, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known. For purpose of maintenance or removal, the term "sign" shall also include frames and support structures. Sign area. The area in square feet of smallest rectangle, circle, or triangle that contains the sign copy. Sign height. The distance measured perpendicular from the highest point of the sign structure to the average elevation of the street used for access to the property. • Temporary sign. A sign designed to be displayed for a limited period of time that is not permanently affixed to the land or to a structure. Wall sign. A sign attached to or erected against an exterior wall surface of a building or structure. Window sign. A sign mounted inside of a building within the window area that is applied or fastened to the window in a manner that is intended to be viewed from outside the building. Section 1220 - Permit and Review Process 1220.01 Permit Required. Except for those signs listed in Section1230.01, no sign shall be erected, altered, reconstructed, maintained, moved, or enhanced in the City without obtaining a sign permit from the City. The content of the message or speech displayed on the sign shall not be considered when approving or denying a sign permit; however, the content must be submitted to evaluate the sign copy area and to restrict permanent off -premise signs. A separate sign application shall be required for each sign. 1220.02 Application Process. An application for a sign permit shall be on the City's official sign application. Unless waived by the City Administrator or their designee, each application shall contain the following information or it shall be considered incomplete: Subd. 1 Name, signature, address, and phone number of the property owner (required). Subd. 2 Name, signature, address, and phone number of the applicant (if different than the property owner). Subd. 3 Parcel ID of the property. Subd. 4 A complete set of plans drawn to scale showing the necessary elevations, setbacks, size, and details to fully and clearly represent the construction and place of the signs(s). Subd. 5 Type of sign (wall, monument, pole, etc.). Subd. 6 Certification by the applicant(s) indicating the application complies with all requirements of this Chapter. Subd. 7 A separate building permit may also be required from the Building Official for signs involving new or modified sign structures. Subd. 8 If the applicant is not the property owner, the applicant shall obtain written permission from the property owner and provide a copy to the City prior to approval of the permit. 1220.03 Review Process. The City Administrator or their designee shall approve or deny the sign permit application in an expedited manner, no more that thirty (30) days from the receipt of the completed application, including applicable fees. All permits not reviewed within thirty (30) days shall be deemed approved. Applicants shall be notified in writing if the application is denied, including the reasons for denial. 1220.04 Appeals Process. Appeals shall be made to the Planning Commission in writing within fifteen (15) days of the confirmed delivery of the denial letter for the sign permit application. The Planning Commission shall hold a hearing as soon as practicable but not more than forty-five (45) days after confirmed receipt of the appeal to review the appeal and make a recommendation to the City Council. The City Council shall review the Planning Commission's recommendation as soon as practicable but not more than forty-five (45) days after the Planning Commission's recommendation. 1220.05 Fees. Sign permit fees and the impoundment fee shall be set by the City Council by ordinance on an annual basis. 1220.06 Inspection & Enforcement. Subd. 1 Inspection Authority. All signs shall be subject to inspection by the City Administrator or their designee, who is hereby authorized to enter upon any property of premise to ascertain whether the provisions of this Chapter are being obeyed. Such entrance shall be made during business hours unless an emergency exists. Subd. 2 Signs in Disrepair. The City Administrator or their designee may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this ordinance. Upon failure to comply with such notice within the time specified in such order, the City Council may declare the sign to be a public nuisance, impound it, and assess the cost of removal to the sign owner or the sign owner's agent. Subd. 3 Impoundment of Signs on Public Property or Within Public Right-of-way. The City Administrator or their designee may, at any time and without notice, impound signs that have been installed on public property, within a public right -of way, or within a public easement that are in violation of this Chapter. The sign owner or their agent may retrieve an impounded sign subject to the following rules: A. Payment of an impoundment release fee. Any subsequent impoundment(s), within one calendar year, for a particular property or sign owner will require payment of double the initial impoundment release fee. B. Any impounded sign may be retrieved from the impound area within three (3) business days of the impoundment or the City Administrator or their designee may dispose of it. The impound area can be located by contacting City Hall. Any cost incurred by the City for disposal of an impounded sign may be assessed to the sign owner or the sign owner's agent. C. The City shall have no obligation to notify a property owner that it has impounded a sign. D. The City shall not be held liable for any damage to an impounded sign. Section 1230 - Exempt and Prohibited Signs 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 limited 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 70 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. 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 message 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. (revised 112712020) 1230.02 Prohibited Signs. The following signs shall be prohibited in all sign districts: Subd. 1 Signs with Moving, Swinging, Revolving, or Rotating parts. Subd. 2 Dynamic Display Signs. Dynamic display signs shall be prohibited, except as provided in section1240.04 of this code section. Subd. 3 Roof Signs. Subd. 4 Projecting signs. Subd. 5 Noncompliant Signs. Any sign not constructed, wired, assembled, attached or supported in conformance with applicable building or other codes and regulations; Subd. 6 Signs in the Right-of-way. Signs in the public right-of-way except as provided for in Section 1250.03, by Minnesota Statutes, or allowed by the agency regulating the right-of-way; Subd. 7 Signs attached to public utility poles, trees, street signs, stoplights, or fences; Subd. 8 Permanent outdoor advertising sign, including billboards; Subd. 9 Portable Signs. Portable signs shall be prohibited, except for portable A -frame, T-frame, sandwich, or other similar signs that do not exceed six (6) square feet in size. Subd. 10 Signs in the Clear Vision Area. Subd. 11 Signs Imitating Traffic Control Signs. Signs which are designed to resemble official traffic signs except signs which are used to control traffic on private property; Subd. 11 Any sign, sign type, sign lighting, or sign technology not specifically listed as permitted in this Chapter shall be prohibited. Section 1240 - General Sign Regulations 1240.01 Regulation by Sign District. For the purpose of regulating signs, the following nine sign districts are adopted: District Description District Description 1 All residential properties zoned R-1 or R-2. 2 All non-residential uses in the R-1 through R-4 zoning districts. 3 All residential properties zoned R-3 and R-4. 4 All properties fronting on County Road E east of Highway 51 except for those properties with frontage on Lexington Avenue. 5 All properties fronting on Lexington Avenue South of Interstate 694. All properties zoned for commercial or industrial use fronting on Lexington Avenue north of 6 Interstate 694, properties along Highway 96, and properties located in the B-1 zoning district. 7 All properties in the I -Flex, Gateway Business, or other commercial or industrial district without frontage on a roadway designated above. 8 All properties zoned Neighborhood Business. 9 The parts of the TCAAP area not fronting on Highway 96. 1240.02 Permitted Sign Type, Area, Height, and Illumination by Sign District. All signs shall conform to the applicable standards in Table One: Sign Standards by Sign District. The following provisions shall also apply: Subd. 1 Wall Sign. Wall signs shall not extend more than eighteen (18) inches from the wall they are attached to. Subd. 2 Freestanding Pole or Monument Signs. A. No more than one freestanding sign shall be permitted on any site except in cases where properties front more than one public street. For properties that front more than one public street, an additional freestanding sign may be permitted for each street front provided that each additional freestanding sign does not exceed half the size of the maximum sign area allowed for a freestanding sign in the underlying sign district. B. The sign area of a freestanding sign shall only be calculated using one side of the sign. If the two sides are different sizes, the larger side shall be used for determining sign area. C. Freestanding signs in Sign Districts 4 and 5 shall be monument type ground signs with the copy resting on and supported by a solid base of brick or rock -faced block in a color similar to or complimentary to the main structure on the site. The material of the base must extend at least one-half way up the sides of the sign face. D. Freestanding signs shall be located at least five (5) feet from any property line and shall not project over the property line. However, if the bottom edge of the sign copy is not located at least ten (10) feet above the ground with supports that do not encroach on the clear vision area of approaching traffic, the sign shall be located to preserve the clear vision area. E. The total area of a freestanding sign shall not exceed 1.5 times the permitted sign copy area of a freestanding sign. The total sign area includes all sign copy, graphics, decorative features, borders, and structural supports except for the poles. Subd. 3 Service Area Canopy. Each edge of a service area canopy facing a street is permitted twenty-five (25) square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. Subd. 4 Awnings and Canopies. No part of an awning or sun canopy shall be less than eight (8) feet or greater than twelve (12) feet above grade. Any sign area on the awning, if illuminated, will be deducted from the permitted wall sign area. The fabric or material used for the awning or canopy must be opaque and no internal illumination is permitted. Table 1240.02 - Sign Standards by Sign District available in PDF, clickHERE Table 1 1240.02 -Table 1= Sign Standards by Sign District Sign Type D str ct 1 Residential RI1 2 District 2 Non- Residential Uses R"4 District 3 Residential R31R4 District 4 County E Frontage Ra.r..err arw. a. sacs District 5 Lexington S of 6M District 6 Lexington N of 6S 96&Bi District 7 I FLEX & Gateway, Non -Frontage Commercial District 8 Neighborhood Business District 9 TCAAP withoutftontage on Highway 96 ALL oral sign copy area 8 sf 20 sf 20 sf 50 sf 80 sf 8o sf 45 sf 30 sf 30 sf Max Height none no-ne none none none none none 14 ft. 14 R Lighting Jaj Not permitted external Not permitted EMB I ENB I Ffl I Ed I Nat permitted Not permitted REESTANDNG ype(W Ml1370 MfPlD MFO MiG MAD Mipm MfP7D M[P!D Not permitted Total sign copy area 8 sf 48 sf 32 sf 50 sf 100 st 45 sf 25 sf 60 sf Not permitted Max Height 8sf 6ft Bsf loft 1Eft 12ft 8ft 8ft Nnt permitted Lighting Not permitted EA E ENB ENB ENS E Ell Not permitted GRAPHIC Total sign area Not permitted 25%of wall Not permitted 25%of wall 25%.(wall Not pennNted Not permitted Not permitted Not permitted Max Height Not permitted none Not Permitted none none Not permitted Not permitted Nat permitted Nnt permitted Lighting Not permitted external No-t permitted external I external I Not permitted I Not permitted Not permitted Not permitted NDOW Max.mum coveag a area Not permitted Nat permitted Not permitted 35% of window area, not to exceed t%of building G1 wi ndow area, not to exceed 5%of building G1 witow area, not toceed 5%of building o- wi area, not to ex 5%ofbuilding a window area, not to ex 5%ofbuilding 35% of window area, not [o exceed5%ofbuilding fayade ALWRY Max sign copy area per in 2 sf 4 sf 4 sf 8 sf B st 6 sl 8 sf 6 sf 6 sf Wall Height Not permitted 4 ft I 4 ft 1 Bft I Bft 1 6ft 1 8ft 1 6ft 1 6 ft Freestanding Height 2 ft 1 4 ft I A ft B ft B ft 6 ft & ft 6 ft 6 ft ;ai E = extemal. I = ntemal. B = backlit :M = monument. P = �, 0 = tempctary cQi�reriise sign (see 1259A3) _Smgk Pnle uppaa awls. Subd. 5 Adult Use Signs. In addition to this Chapter, all adult use oriented signs shall comply with the sign requirements in the Adult Use Ordinance. Where any provisions of this Chapter conflict with the Adult Use Ordinance, the provision that is more stringent shall be applied. 1240.03 Manual Changeable Message Sign. No more than thirty-five (35) percent of the actual sign area of a permitted sign in a non-residential sign district shall be capable of displaying manually changing messages. The remainder of the sign area shall not have the capability to change messages even if not used. Manual changing message signs shall not include dynamic displays. 1240.04 Menu Board Signs All Menu Board Signs for fast food restaurant uses. Drive -through menu board sign are allowed for fast food restaurant uses provided the requirements in this section are met. Subd. 1. Location: All drive -through menu board signs shall be single sided and located adjacent to the drive -through lane and shall not be located in any required setback. Signs may be affixed to the building. Subd. 2. Height: A drive -through menu board sign shall not exceed eight (8) feet above grade in height. Subd. 3. Size: A drive -through menu board sign shall not exceed forty (40) square feet. Subd. 4. Number: Up to two drive -through menu board signs are permitted per drive -through lane. The total surface area of the two signs shall not exceed forty (40) square feet. Subd. 5. A Drive -through menu board signs shall comply with the following standards: A. The images, colors, and text may not change more than five (5) times per day; B. All images, colors, and text shall be static with no flashing, scrolling, or animation; and C. At any time the business or drive -through is closed to the public, any Drive- through menu board sign shall be turned off until the business or drive -through is open to the public. D. Signs with speakers or intercoms shall be designed and located in a manner to direct noise away from adjoining properties. Speaker noise shall not be audible to adjacent residential properties. E. The sign(s) shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive -through lane. Section 1250 - Special Provisions 1250.01 Allocation of Permanent Signs on Multi -Tenant Developments and Sites. In multi -tenant buildings or sites, the permitted sign area and sign types, except for freestanding signs, may be installed by each individual business establishment that has exclusive use of some portion of the street or otherwise primary level of the building and direct access to the outside. Tenants located on the street or otherwise primary level in a center with a common mall or atrium shall be considered to have direct access to the outside for the purpose of this section. The management and ownership of any business establishment proposing to install signage must be separate and distinct from the management and ownership of any other establishment in the same building or on the same building lot. Each establishment must be separated from all other establishments by demising walls [as per the International Building Code] having no openings or passages. Subd. 1 Multi -tenant Buildings and Properties Sign Allocation. Signage for establishments occupying a multi -tenant building or site but not located on the street or primary level of the building must be provided from the allocation of sign area and type to the occupants of the street or primary level of the building as determined by the property owner. Subd. 2 Freestanding Signs on Multi -tenant Buildings and Properties. For freestanding signs, a multi -tenant parcel shall be considered one parcel and freestanding signs shall be permitted in accordance with Section 1240.02 Table 1. In the case of multiple tenant sites, the permitted freestanding sign area shall be allocated by the property owner among its tenants. 1250.02 Temporary On -premise Signs. Except as provided for in 1250.03, all other temporary signs shall require an approved sign permit prior to placing the sign and shall conform to the following: Subd. 1 Temporary Sign Permit Length. Temporary signs, including portable signs, streamers, pennants, banners, balloons, inflatables or other similar object with a commercial message, may be displayed on three (3) occasions per calendar year with a maximum of ten (10) days for each occasion. The three (3) occasions may be used consecutively with one permit. Temporary sign permits are nontransferable to other properties or establishments on the same property. Subd. 2 Single occupant parcels. A. No more than one permitted temporary sign shall be permitted at any given time. The area of the temporary signage shall not exceed one half of the permitted sign area as allowed in Section 1240.02 Table 1 for a particular sign type in the underlying sign district; B. Freestanding temporary signs shall only be permitted in districts where freestanding signs are permitted as allowed in Section 1240.02 Table 1. If a conforming freestanding sign is already in place, the temporary freestanding sign shall be attached to or near to the existing freestanding sign; Subd. 3 Multi -tenant parcels. A. Each individual business establishment that has exclusive use of some portion of the street or otherwise primary level of the building and direct access to the outside qualifies for the temporary signs permitted in Section 1250.02 Subd 1. Sign permits shall not be transferrable to other business establishments. B. Temporary wall signage maybe permitted for each individual business establishment that has exclusive use of some portion of the street or otherwise primary level of the building and direct access to the outside. The total temporary wall sign area for each tenant shall not exceed one half of the permitted permanent wall sign area as allowed in Section 1240.02 Table 1. Each business shall not have more than one wall or freestanding temporary sign at a time. C. One temporary freestanding sign may be permitted for each individual business establishment that has exclusive use of some portion of the street or otherwise primary level of the building and direct access to the outside. The total area of all temporary freestanding signage for the parcel shall not exceed one half of the permitted area of permanent freestanding signage for the parcel as allowed in Section 1240.02 Table 1. The total permitted temporary freestanding sign area shall be allocated by the property owner or their designee among its tenants. Subd. 4 Grand Openings. New businesses with grand openings are eligible for one additional temporary sign permit of any type permitted in the underlying sign district with an approved permit. The sign may be in place for up to thirty (30) days provided all other requirements in this section are met and the required permits are obtained. This eligibility shall expire six months after the business opens. Subd. 5 Lease or Vacant Space. Buildings or parcels with space for sale or lease may obtain a temporary sign permit for one temporary wall or monument sign that does not expire until seven (7) days after the building or parcel is leased or sold. A wall sign shall not exceed twenty-five (25) square feet in size and shall be used in place of a permanent wall sign. A freestanding sign shall not exceed fifteen (15) square feet in size and shall be attached or immediately adjacent to an exiting freestanding sign. All other provisions in this section 1350.02 shall apply. Subd. 6 Temporary Sign Height. A temporary sign shall not exceed the height limits listed in Section 1240.02 Table 1 for a permanent sign of a particular sign type in a given district, including inflatable signs and balloons. Subd. 7 Sign Installation. Temporary signs shall be secured and well -constructed so as not to create a hazard to pedestrians or vehicles. Subd. 8 Illumination. A temporary sign shall not be illuminated. Subd. 9 Location. The permitted location of all temporary signs are subject to change as determined by the City Administrator of their designee in order to protect the public health, safety, welfare, and aesthetics. Subd. 10 Mounds View, Bethel University, and Northwestern College Banner Signs. Temporary banner signs for athletic fields at Mounds View High School, Bethel University, and Northwestern College shall be exempt from the provisions of this section and shall comply with the applicable provisions of Chapter 1250.04. 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 112712020) Subd. 1 Sign Number Limit. Signs shall be four (4) square feet or less in size, and less than four (4) feet high; A. Signs shall be non -illuminated; B. 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); C. 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 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 Right-of-way Regulatory Authority. 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. A. Sign(s) placed in Ramsey County or State of Minnesota right-of-way shall be subject to Ramsey County and State of Minnesota regulations. B. 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. 1250.04 Temporary Banner Signs for Athletic Fields at Mounds View High School, Bethel University, and Northwestern College. Athletic fields at Mounds View High School, Bethel University, and Northwestern College may be permitted to have temporary banner signs attached to the fences of their athletic fields provided that such signage faces the field of play so that the impact of the signage is directed only to those utilizing the field or watching the sporting event, and not surrounding property owners. In addition, to the greatest extent possible such signage shall not obstruct sightlines to the athletic field for those watching the sporting event from the bleachers or other designated viewing areas. The content of temporary banner signage shall comply with the sponsorship sign regulations as established by Mounds View High School, Bethel University, or Northwestern College for their respective athletic fields. The City Administrator or Administrator's designee shall determine if the signage is visible from a public roadway or from property outside of Mounds View High School, Bethel University, and Northwestern College. If found to be visible, the signs shall comply with the following size limitations and shall follow the sign permit process as described below: Subd. 1 Individual Sign Area. Temporary banner signs shall not exceed fifty (50) square feet each. Subd. 2 Total Signage Area. The temporary banner sign shall not exceed a massing of over nine hundred and sixty (960) square feet in one area or a total of two thousand (2000) square feet. Subd. 3 Time Limit. Temporary banner sign shall not be displayed for more than ninety (90) consecutive days or more than one hundred and eighty (180) days during the calendar year. Subd. 4 Permit Requirements. Sign permits shall not be required for individual banner signs but shall be required where a new group massing of signage is requested. Subd. 5 Compliance. The applicant shall demonstrate compliance with the provisions of this section (including but not limited to: the dimensions of individual banner signs, the dimensions of that group of banner signs, and the total square feet of temporary banner signs). 1250.05 Permanent Scoreboard Signs for Athletic Fields at Mounds View High School, Bethel University, and Northwestern College. Athletic fields at Mounds View High School, Bethel University, and Northwestern College may be permitted to have permanent scoreboard signage at their athletic fields that is clearly secondary to the overall appearance of the scoreboard. Such signage shall face the field of play so that the impact of the signage is directed only to those utilizing the field or watching the sporting event, and not surrounding property owners. The content of scoreboard signage shall comply with the sponsorship sign regulations as established by Mounds View High School, Bethel University, and Northwestern College, for their respective athletic fields. The City Administrator or the Administrator's designee shall determine if the signage is visible from a public roadway or from property outside of Mounds View High School, Bethel University, and Northwestern College. If found to be visible, the signs shall comply with the following size limitations and shall follow the sign permit process as described below: Subd. 1 Sign Area. Scoreboard signage shall not exceed thirty percent (30%) of the total scoreboard area, nor shall any one scoreboard sign exceed fifteen percent (15%) of the total scoreboard area. Subd. 2 Sign Permit Required. Since the scoreboard signs are permanent in nature, the applicant shall be required to obtain sign permit approval prior to the installation of any new scoreboard sponsorship signs; at such time the applicant shall demonstrate compliance with the provisions of this section. 1250.06 Permanent Signs for Athletic Fields at Mounds View High School, Bethel University, and Northwestern College. Athletic fields at Mounds View High School, Bethel University, and Northwestern College may be permitted to have permanent signage at their respective athletic fields. Such signage shall be permanent in nature and shall not be lit by a direct lighting source. Signs may be an entrance gate style sign, signage affixed directly to a press box/grandstand, or signage included on the scoreboard. Such signage shall be constructed of durable materials (finished metal, finished wood, plastic). The City Administrator or Administrator's designee shall determine if the signage is visible from a public roadway or from property outside of Mounds View High School, Bethel University, and Northwestern College. If found to be visible, the signs shall comply with the following size limitations and shall follow the sign permit process as described below: Subd. 1 Sign Area. The signage area of entrance gate signs shall not exceed thirty (30) square feet, the signage area of press box/grandstand signage shall not exceed eighty (80) square feet, and scoreboard field naming signage shall not exceed forty (40) percent of the total scoreboard area. Subd. 2 Total Sign Area. The cumulative total of permanent signage shall not exceed two hundred (200) square feet. Subd. 3 Sign Permit Required. Since the signage would be permanent in nature, the applicant shall be required to obtain a sign permit approval prior to the installation of any new signage; at such time the applicant shall demonstrate compliance with the provisions of this section. Section 1260 - Sign Standard Adjustments 1260.01 Sign Standard Adjustments. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. This provision shall not be used to permit dynamic display signage. In order to approve any sign standard adjustment, the following criteria of Subd. 1 or Subd. 2 shall be satisfied, and the necessary criteria of Subd. 3 shall be satisfied: Subd. 1 There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site; Subd. 2 The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; Subd. 3 The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. Section 1270 - Maintenance Repair 1270.01 Maintenance and Repair. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/or painted or stained to match the existing background. Subd. 1 Sign Permit Not Required. Activities considered normal maintenance and repair and not requiring a sign or building permit shall include activities such as replacing or repairing lamps, ballasts, transformers, trim, sign fasteners, nuts, or washers; painting the pole of freestanding signs; and painting the cabinet of freestanding signs or building signs. Subd. 2 Sign Permit Required. For any sign that required a permit, the following activities shall not be considered normal maintenance and repair a permit shall be required: A. Re -facing a sign, except for the text on a manual changeable message sign. B. Removing the sign for the repair of the cabinet or any part thereof. C. Changes made to a sign's size or illumination, including, but not limited to, height, width, weight, area, adding or removing illumination D Changes in poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign to a new location, or replacement of the interior or exterior cabinet frame, except the sign face. Subd. 3 Building Permit. A building permit may be required for any signs involving the construction of or changes to a sign structure and/or electrical connections as determined by the Building Official. Section 1280 - Non -Conforming Signs 1280.01 Non -conforming Signs. It is the intent of this Chapter that non -conforming signs shall not be enlarged or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this Chapter to permit legal non -conforming signs to remain provided that such signs are safe, maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: Subd. 1 Non -conforming Sign Continuance. A legal non -conforming sign may be continued through repair, replacement, restoration, maintenance, or improvement but shall not be expanded or moved to a new location. Subd. 2 Non -conforming Sign Discontinuance. If the use of the non -conforming sign or sign structure is discontinued for a period of one (1) year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of this Chapter. Subd. 3 Non -conforming Sign Damaged or Destroyed. Should such non -conforming sign or sign structure be damaged or destroyed by any means to an extent greater than fifty (50) percent of its market value or structure and all required permits for its reconstruction have not been applied for within one -hundred eighty (180) days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this Chapter. Subd. 4 Sign Regulation Conformance. Should such sign or sign structure be permanently moved for any reason for any distance, it shall thereafter conform to the regulations for the sign district in which it is located after it is moved. Subd. 5 Loss of Non -conforming Land Use. An existing sign devoted to a use not permitted by the Section 1320, Zoning Ordinance, in the zoning district in which it is located shall not be enlarged, expanded or moved except in changing the sign to a sign permitted in the sign district in which it is located. Subd. 6 Loss of Non -conforming Status. When a building or use loses its nonconforming status, all signs devoted to the structure or use shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure.