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Res 2014- 10 Deny CUP Variance for Visitation Signage PlanCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-10 RESOLUTION DENYING A CONDITIONAL USE PERMITAND VARIANCE AS PART OF A COMPREHENSIVE SIGNAGE PLAN AT 2455 VISITATION DRIVE WHEREAS, Convent of the Visitation has applied for conditional use permits and variances to accomplish a comprehensive signage plan at 2455 Visitation Drive [Legal descriptions as described in Exhibit A], as proposed in Planning Case 2013-22; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meetings on December 16, 2013 and January 28, 2014; and WHEREAS, the Planning Commission recommended that the City Council approve conditional use permits for additional wall signage and a second nameplate sign; and WHEREAS, the Planning Commission recommended that the City Council approve variances for the number and area of signage and the height of entry and school gate signs. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit to allow a second nameplate sign for a nonresidential use in a residential zone as proposed in Planning Case 2013-22 is hereby denied with the following findings of fact: 1. The sign is proposed to be located within, and spanning, an existing right-of-way, which is prohibited by the City Code. 2. The sign does not meet the nine-foot height requirement for a second nameplate sign. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a variance to exceed the height requirement for the entry gate sign as proposed in Planning Case 2013-22 is hereby denied with the following findings of fact: 1. The proposed sign is the most prominent sign visible to the general public and adjacent roadways. 2. The proposed gate span structure may be allowed as a landscape feature, with an approved right-of-way permit, but would be inconsistent with the ordinance as a sign. 3. The ordinance creates a special exemption for signs of this size by CUP, with the specific requirement that such signs meet a nine-foot height limitation. 4. The applicant can design a sign which meets the standards in a variety of ways without violating the regulations, suggesting that the proposed sign height is not necessary to make reasonable use of the property. 5. There are no practical difficulties unique to this property that would interfere with putting it to reasonable use under the applicable zoning standards. Adopted by the City Council of the City of Mendota Heights this eighteenth day of February, 2014. CITY COUNCIL CIT"F MENDOTA HEIGHTS San a Krebsbach,,�yor ATTEST: z — Lorri Smith, City Clerk Res 2014-10 page 2 Exhibit A LEGAL DESCRIPTIONS PID 27- 03500 -05 -010 SECTION 35 TWN 28 RANGE 23 S 3/4 OF S 1/2 OF NE 1/4 LYING W OF JEFFERSON HGWY EX N 600 FT & EX W 200 FT EX PT IN PARCEL 202 OF STH R/W PLAT NO 19 -53 Lot and Block 35, 28, 23 PID 27- 03500 -75 -010 SECTION 35 TWN 28 RANGE 23 N 198 FT OF SE 1/4 LYING W OF JEFFERSON HGWY EX W 200 FT & N 6 FT OF S 330 FT OF N 528 FT OF NE 1/4 OF SE 1/4 LYING W OF HGWY Lot and Block 35, 28, 23 PID 27- 03500 -76 -010 SECTION 35 TWN 28 RANGE 23 S 20 R OF N 32 R OF W 1/2 OF SE 1/4 EX W 200 FT Lot and Block 35, 28, 23 PID 27- 03500 -77 -010 SECTION 35 TWN 28 RANGE 23 W OF HGWY OF S 20 R OF N 32 R OF NE 1/4 OF SE 1/4 & EX N 6 FT Lot and Block 35, 28, 23 PID 27- 03500 -78 -010 SECTION 35 TWN 28 RANGE 23 S 48 R OF N 1/2 OF SE 1/4 W OF DODD RD EX COM AT PT IN CEN OF HGWY 1668.4 FT N OF INT WITH S LINE OF SE I/ 4W725FTN174. 6FTE772. 4FTTO CEN OF HGWY SW180 .9FTTO BEG EXW200FT Lot and Block 35, 28, 23 PID 27- 03500 -78 -020 PT OF SE 1/4 COM INT S LINE & CEN HGWY #88 N ON HGWY 1668.4 FT TO PT OF BEG W 725 FT N 174.6 FT E 772.4 FT TO CEN HGWY SW 180.9 FT TO BEG EX 0.29 ACS CONT IN PARCEL 2C OF STH R/W PLAT NO 19 -53 Lot and Block 35, 28, 23 Res 2014 -10 page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-10 RESOLUTION DENYING A CONDITIONAL USE PERMITAND VARIANCE AS PART OF A COMPREHENSIVE SIGNAGE PLAN AT 2455 VISITATION DRIVE WHEREAS, Convent of the Visitation has applied for conditional use permits and variances to accomplish a comprehensive signage plan at 2455 Visitation Drive [Legal descriptions as described in Exhibit A], as proposed in Planning Case 2013-22; and WIE REAS, the Mendota Heights Planning Commission held a public hearing on this application at their regular meetings on December 16, 2013 and January 28, 2014; and WHEREAS, the Planning Commission recommended that the City Council approve conditional use pen-nits for additional wall signage and a second nameplate sign; and WHEREAS, the Planning Commission recommended that the City Council approve variances for the number and area of signage and the height of entry and school gate signs. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that a conditional use permit to allow a second nameplate sign for a nonresidential use in a residential zone as proposed in Planning Case 2013-22 is hereby denied with the following findings of fact: 1. The sip is proposed to be located within, and spanning, an existing right-of-way, which is prohibited by the City Code. 2. The sign does not meet the nine-foot height requirement for a second nameplate sign. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that a variance to exceed the height requirement for the entry gate sign as proposed in Planning Case 2013-22 is hereby denied with the following findings of fact: 1. The proposed sign is the most prominent sign visible to the general public and adjacent roadways. 2. The proposed gate span structure may be allowed as a landscape feature, with an approved right-of-way permit, but would be inconsistent with the ordinance as a sip. 3. The ordinance creates a special exemption for signs of this size by CUP, with the specific requirement that such signs meet a nine-foot height limitation. 4. The applicant can design a sip which meets the standards in a variety of ways without violating the regulations, suggesting that the proposed sign height is not necessary to make reasonable use of the property. 5. There are no practical difficulties unique to this property that would interfere with putting it to reasonable use under the applicable zoning standards. Adopted by the City Council of the City of Mendota Heights this eighteenth day of February, 2014. CITY COUNCIL CIT r F MENDOTA FIGHTS an a Krebsbach yor ATTEST: s Lorri Smith, City Clerk Res 2014 -10 page 2 Exhibit A PID 27- 03500 -78 -020 PT OF SE 1/4 COM INT S LINE & CEN HGWY #88 N ON HGWY 1668.4 FTTO PT OF BEG W 725 FT N 174.6 FT E 772.4 FT TO CEN HGWY SW 180.9 FT TO BEG EX 0.29 ACS CONT IN PARCEL 2C OF STH R/W PLAT NO 19 -53 Lot and Block 35, 28, 23 Res 2014 -10 page 3 LEGAL DESCRIPTIONS RID 27- 03500 -05 -010 SECTION 35 TWN 28 RANGE 23 S 3/4 OF S 1/2 OF NE 1/4 LYING W OF JEFFERSON HGWY EX N 600 FT & EX W 200 FT EX PT IN PARCEL 1� 202 OF STH R/W PLAT NO 19 -53 Lot and Block 35, 28, 23 PID 27- 03500 -75 -010 SECTION 35 TWN 28 RANGE 23 N 198 FT OF SE 1/4 LYING W OF JEFFERSON HGWY EX W 200 FT & N 6 FT OF S 330 FT OF N 528 FT OF NE 1/4 OF SE 1/4 LYING W OF HGWY Lot and Block 35, 28, 23 PID 27- 03500 -76 -010 SECTION 35 TWN 28 RANGE 23 S 20 R OF N 32 R OF W 1/2 OF SE 1/4 EX W 200 FT Lot and Block 35, 28, 23 PID 27- 03500 -77 -010 SECTION 35 TWN 28 RANGE 23 W OF HGWY OF S 20 R OF N 32 R OF NE 1/4 OF SE 1/4 & EX N 6 FT Lot and Block 35, 28, 23 I PID 27- 03500 -78 -010 SECTION 35 TWN 28 RANGE 23 S48ROFN1/ 2OFSE1/ 4WOFDODDRDEXCOMATPTIN CEN OF HGWY 1668 .4FTNOFINTWITHS LINE OF SE 1/4 W 725 FT N 174.6 FT E 772.4 FT TO CEN OF HGWY SW 180.9 FTTO BEG EX W 200 FT Lot and Block 35, 28, 23, PID 27- 03500 -78 -020 PT OF SE 1/4 COM INT S LINE & CEN HGWY #88 N ON HGWY 1668.4 FTTO PT OF BEG W 725 FT N 174.6 FT E 772.4 FT TO CEN HGWY SW 180.9 FT TO BEG EX 0.29 ACS CONT IN PARCEL 2C OF STH R/W PLAT NO 19 -53 Lot and Block 35, 28, 23 Res 2014 -10 page 3 STATE OF MINNESOTA COUNTY OF DAKOTA S.s. CITY OF MENDOTA'HEIGHTS I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2014-10: Deny Conditional Use Permit and Variance as Part of a Comprehensive Signage Plan at 2455 Visitation Drive is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on February 18, 2014. Signed and sealed by my hand on this 014. Lorri Smith City Clerk Receipt# 317961 3002263 ABSTRACT FEE $46.00 Recorded on: 3/10/2014 12:00:03PM By: DDW, Deputy Return to: CITY OF MENDOTA HEIGHTS I 101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 Joel T. Beclanan County Recorder Dakota County, MN