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Home My WebLink AboutInsty Prints . . . ~ ~HILLS MEMORANDUM DATE: Agenda Item 3.E September 29, 2003 TO: Mayor and City Council m\\ Peter Hellegers, City Plann~ Case #03-18 Insty- Prints 1207 Connty Road E Sign Standard Adjustment FROM: SUBJECT: Requested Action Approve an amendment to Condition of Approval number two (2) lis listed nnder the Staff Recommendation. Backl!fOUnd At their August 25th meeting the City Council approved a Sign Standard Adjustment for a freestanding sign along County Road E requiring the following variances: · Section 333, Table 1 - Maximum Area for a Freestanding Sign: 5 square foot variance · Section 333, Table 1 - Maximum Height for a Freestanding Sign: 5-foot variance. · Section 333, Table 1 - Lighting for a Freestanding Sign: Variance to allow a backlit sign (currently not permitted in this signage district). · Section 333.5 - Off premises signs: Variance to allow a sign to be placed in the driveway easement that the business uses to access County Road E. The Sign Standard Adjustment was approved subject to the following four conditions: 1. The sign shall be located north of the pedestrian easement which runs along the north side of County Road E and is identified as document #2114935. Upon application for a sign permit the applicant shall furnish PC #03-18 - CC Report 0912912003 - Page I of2 the City Planner with a site plan and/or survey which verifies that the . location of the sign is not within the pedestrian easement. 2. If the current driveway access easement, identified as document #2204146, does not permit signage that the applicant shall have the easement amended so to permit signage within the easement area prior to the issuance of a signage permit. 3. The applicant shall file a signage application with the City Planner for approval prior to the issuance of a signage permit. 4. The applicant shall file all necessary building and electrical permits with the City Building Official for approval prior to the issuance of a building or electrical permit. In the process of trying to satisfy condition #2, the applicant's attorney discovered that amending the easement may be more involved than previously thought. Therefore the applicant's attorney has requested that the second condition of approval be modified or suspended so that the applicant may move forward with installing the signage. In place of a revised easement, the applicant has submitted letters from the two affected property owners indicating their consent for installation of the sign. In addition, the applicant's attorney has indicated that the applicant will likely amend the easement later on and could still provide the City with a copy of the updated easement. Staff has reviewed the matter with the City Attorney who has indicated that the letters of consent should be sufficient. . Staff Recommendation Approve the amendment to Condition of Approval number two (2) as stated below: 2. "If the current driveway access easement, identified as document #2204146, does not permit signage, then the applicant shall provide the City with letters of consent from the affected property owners for the location of the sign in the driveway access easement but located north of the utility and pedestrian way easement. The applicant for itself and its successors agrees that if a neighboring property owner or their successors at any time requires that the signage be removed from their property, the applicant or its successors will remove the sign at its cost and shall otherwise comply with the City's regulations. Should the applicant choose to amend the easement, the applicant shall furnish the City with a copy of the recorded easement." Attachments 3E-l Letters from the applicant's attorney . PC #03-18 - CC R"J'Or! 09/29/2003 - Page 2 of 2 . . Council Attachment 3E -1 . .. '.A--" "~,t . ) Law Offices or MICHAEL A. KOZIOL, P.A. Attorney At Law I-FtEl;i:-fVEDI I S EP I 5 2003 I I CITY OF ",emu-' HP_LS,-' . OAKWOOD SQUARE, SUITE 132 2499 RICE STREET ROSEVILLE, MINNESOTA 55113-3724 TELEPHONE: 651-766-7584 FACSIMILE: 651-766-7586 E-MAIL ADDRESS:makoziol@goldengate.net September 12, 2003 Mr. Peter Hellegers City Planner, City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Case Number: Our Client: Our File: Sign Standard Adjustment, Insty-Prints of Arden Hills 03-18 Insty-Prints of Arden Hills DB-0331-C Dear Mr. Hellegers: Thank you for your time yesterday discussing Insty-Prints' concerns regarding Condition Number Two as set forth in your August 25, 2003 Memorandum and recommendations to the Mayor and City Counsel. I understand the City Counsel approved the recommendations as submitted. . As we discussed, Insty-Prints has retained this office to amend and record a signage easement pursuant to the condition referenced above. Upon review of the recorded easement (#2204146), questions arise as to the nature of that easement and whether an amendment is necessary or proper to ensure Insty-Prints' rights to locate the sign as proposed. In particular, the easement was prepared and recorded approximately twenty years ago, the parties designated in the easement are no longer the owners of record, the parties designated as Grantee and Grantor appear to be one in the same, and alienation rights are unclear, We anticipate that significant time may be required to properly trace and document the ownership succession and to prepare and record the necessary documents. Weare requesting an opportunity to address these issues in an orderly manner, without delaying Insty-Prints' efforts to erect a sign and establish a business presence on County Road E in Arden Hills. Insty-Prints, therefore, requests that Condition Number Two be modified or suspended. To secure your recommendation for approval of this request, you advised that Insty-Prints would be required to obtain Letters of Consent from Carroll's Furniture and from All American Engineering, Inc., stating their consent to the specific location and configuration of the proposed . sign. The letters must be submitted to your office by September 19, 2003 in order for the request and recommendation to be considered at the September 29, 2003 meeting of the Arden Hills City r ., -) , . -~ . . . Mr. Peter HeUegers September 12, 2003 Page 2 Counsel. It is Insty-Prints' intention and expectation that these requirements will be met, and that the remainder of the variance conditions wiU also be complied with in a timely fashion. If you have any questions or require anything further to have this request placed on the agenda and considered at the September 29'" meeting, please do not hesitate to contact me. Thank you again for your attention to this matter. Very Truly Yours, M~ MAKlrls cc: Mr. Dale Beane 69/19/2663 13:45 651-7rJ58G t) PAGE 62 . . L_ Ollie.. .f MICHAEL A. KOZIOL, P.A. Attoraey AI La.. OAKWOOD SQUARB. SVITE 132 2499 RICE Snu!BT ll.OSEVILLE. MlNNEsorA n I 1].3724 TELeI'IIOllI!: 6~ 1.766-7584 F ACSIMlUl: MI.766-7516 E.M>.u. ADDllESS: mokoziol@l1oldoos........ September 19, 2003 Mr. Peter Hellegers City Pl8lU1er, City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 (651) 634-5137 Re: Case Number: Our Client: Ollr File: Sign Standard Adjustment, In.ty-Prlo.. 01 Arden Hin. 03-18 Insty-Prints 01 ArdeD Hill! DB-D331-C Dear Mr. Hellegers: . Furthei:to my correspondence of September 12, 2003, enclosed please find: l. Letl..... of Consent from Carroll's Furniture; and 2. Letter of Cooscnt from All-American Engineering and Manufacturing, Inc. With the enclosed, I trust that everything is in order for your office to proceed with its recommendation that Insty-Prints' request as set forth in my correspondence of September 1201> be approved at the September 29, 2003 counsel meeting. If yo II need anything further, please contact me. Thank you. Very Truly Yours, ,'(\^-- . ~_<d . :} I Miokael A. Koziol MAK/tls co: Mr. Dale Beane . . . . ~9/1 ;JO~~;>_ )}: .'1..5. oM_ 'i~!;Zv8G U~"'ll-rll1.~ 1.:) i-) PAGE 63 1lIl00S ........Ican .....1...... and .....clad.., Inc. VISI, us ON 'HI! WI' . ,""WW.AfM.INC,..w1C.COM P;-~e'-,-.. 0 H MAC H' N' ;;"o--"o"iv"j'iTo"j.;-- ,:u:pi"i ie."i'"iI'oNM..-T"-.:-s.:r.A"........p,N-o-.--o...,,...IoN September 15.2003 ..._-_..,-~-------_..._~._---...--....__..- ...~.....__...._--'~_._....~--_..._--~-,---._-,._'"--._- Mr. Peler He!legers eil)' Planner. Cil)' of Arden Hills 1245 W. Highway 96 Ardell Hills. MN 55112 Dear Mr. Hellegers. Please be advised thai I have reviewed tne altal:hed pholographic exemplars of the sign which InSl)'-Printl would like 10 erect off Ihe Pede.,lrian and Utility Easemen! on lhe North side of County Road E. The location, size. lighting and configuration of Ihe proposed aign are in all respcclS acceptable to All American Engineering. I comentto the Signage Ordinance variances wllieh Insly-Prinls needs in order 10 ereCl the proposed sign. '4--f9l Kevin SinlOn All American Engineering 1ao. WE..,. Co. RD. E. A"D~N Hn....... MH 65112 atsl-483~.I"O, "'AX 68...483..g2.1:1 69/19/2603 13:45 651-7~58G .uVllilruu U.:41 t..u 66148\ )2 !NSTY-PRI'iTS c) CARROLL'S FURNITURE I J03 West County Road E Arden Hills. MN. 55112 651-494-3908 ! Fax: 651-483.1461 Scplembcr 15. 2001 Mr. Peter HcllegeIS Cit)' Planner. elly of Arden Hilh 1245 W. Highway 96 Arden HiUs. MN 55112 Dear Mr. Hellegets. Please be advised that I have reviewed Ihe all ached photographic ex.eroplars of the sign which Insly.Prinls wOll~d like 10 erect off !he PcdcSltiall snd UlIity Basement on lite Nonh side of County Road E The location, size. Iighling and configuration of Ihe proposed sign life in all respects acceptable 10 Carroll'. FurnilUre. I consent 10 Ihe Signage Ordinance ,'ariances Which InsIY-Plinl. needs in order 10 creel tile proposed silO. Si neerel y , ~R~" SCOll Rosenthal CalToJl's FumilUte PAGE 64 IiIl002 . -- . ~9/19/26e3 13:45 G51-7~')58G . . 13'00" . 1'.4' ~o__.._o~ 3'.0' 2'01' i. ') PAGE 65 6".0' ~ INS TY-PRINTSov BVSINESS PRINTING SERVICES s'... 111-...rlc.n Ingln.rlng .nd M..'act.rlnl. Inc. 69/19/2002 13:45 ,,51 ~ 7f' 758G PAGE 6G .~.,,' . . '"';~ ;, ~' . _'" oL1l ~ . 69/19/2663 13:45 651-7("i585 ... ...-" .-, 1 ) PAGE 67 . ,..'. " ._,""~"..,. .'''''~'''''''''' . "." -.__.._..... '_0_' ',". ._.,....,., ~ .". . .' .'-" ,. ."'~,:. - INSTY.PRINTS. __,.__J.I_ ~~ I ~;'.-\d<.']~ ~~1if,;}f:~ ~-==-_ DOUBLE FACE ILLUMINATED PYLON · Aluminum Cabinet, Rerainers, T-Bars & 5" Square Pole will be pointed Duronodie Bronze · Flat While Lexon faces will hove Translucent Vinyl Graphics Applied to I sl surface · Sign will be lif with High OUlpul Floureseent Lighting . s . . . . ~ EN HILLS MEMORANDUM Date: Agenda Item No. 3.F September 18, 2003 To: Mayor and City Council fl. .) Cynthia Young, Deputy Clerk/Human Resour~ Charitable Gambling Exemption From: Subject: Enc_ Resolution No. 03-61: Approving an Application for Authorization of an Exempt Gambling Permit for Trinity Lutheran Church BACKGROUND: The Trinity Lutheran of Lake Johanna annual Craft Event will occur November 1, 2003. Once again, they have requested the Council's approval of a Resolution authorizing them to conduct exempt gambling activities at the event - prizes not to exceed $2,500. . . . ~ ~H1LLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 03-61 A RESOLUTION APPROVING AN APPLICATION FOR AUTHORIZATION OF AN EXEMPT GAMBLING PERMIT FOR TRINITY LUTHERAN CHURCH THEREFORE, BE IT RESOLVED that the City Council hereby approves the application for authorization to conduct exempt gambling activities at Trinity Lutheran Church at its armual Craft Fair event to be held Saturday, November 1,2003 with total prizes not exceeding $2,500.00 for the 2003 calendar year. ADOPTED by the City Council this 29th day of September, 2003. Beverly Aplikowski, Mayor ATTEST: Michelle Wolfe, Administrator