Res 2005- 41 Deny App for Digital Sign 1897 Delaware AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 05-41
A RESOLUTION DENYING AN APPLICATION
FOR A ZONING ORDINANCE AMENDMENT, CONDITIONAL USE PERMIT,
AND VARIANCES FOR AN ANIMATED DIGITAL SIGN
OR ELECTRONIC MESSAGE BOARD SIGN AT 1897 DELAWARE AVENUE
WHEREAS, Mr. Richard J. Fretschel has applied for a Zoning Ordinance
Amendment, Conditional Use Permit and Variances for an Animated Digital Sign or
"Electronic Message Board Sign" as described in the application for such sign at 1897
Delaware Avenue [Section 25 Twn 28 Range 23 SE 1/4 of NE 'A Less Hgwy 98/100 A Ex
Pt for St (Parcel ID: 27 02500 010 03)] as proposed in Planning Case #05-13; and
WHEREAS, signs listed in Zoning Ordinance Section 12-1J-5 G are "Prohibited
Signs", and
WHEREAS, said sign constitutes a Prohibited Sign within the meaning of
Zoning Ordinance Section 12-1J-5 G 2, 3 and 8., and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on May 24, 2005; and
WHEREAS, The Planning Commission, because of a tie vote, did not make a
recommendation to the Council to either approve or deny the Zoning Ordinance
Amendment, Conditional Use Permit and Variances for an Animated Digital Sign or
Electronic Message Board Sign as presented to the Planning Commission on the evening
of May 24, 2005 and as shown in Planning Case #05-13;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Zoning Ordinance Amendment, Conditional Use Permit
and Variances for an Animated Digital Sign or Electronic Message Board Sign for 1897
Delaware Avenue as proposed in Planning Case #05-13 is hereby denied.
BE IT FURTHER RESOLVED that in support of the above denial, the Council
hereby makes the following Findings of Fact:
1. Mendota Heights is a predominately low density residential city. The Council
finds that Animated Digital Signs or Electronic Message Board Signs conflict
with and will reduce the low density residential character of our community by
providing a more retail/commercial appearance.
2. Animated Digital Signs or Electronic Message Board Signs can create a
distraction to drivers which might result in traffic accidents and endanger
public safety.
3. Animated Digital Signs or Electronic Message Board Signs can result in a
nuisance to surrounding properties because of the brightness of lights used
therein.
4. Limitation of propagation of Animated Digital Signs or Electronic Message
Board Signs is likely to create enforcement issues for the City in enforcement
of its zoning regulations.
5. Proliferation of Animated Digital Signs or Electronic Message Board Signs
within the City will negatively affect the public health, safety, and general
welfare of the community.
6. The variances are not necessary in order to put the property to reasonable use
because the property is currently used by Henry Sibley High School.
7. There are no unique circumstances pertaining to the applicant's property or this
request, not caused by the owner that create a sufficient hardship to justify any
of the requested variances.
8. Approval of the requested variances will alter the essential character of the
neighborhood by imposing a more retail/commercial characteristic on this
primarily residential neighborhood.
BE IT FURTHER RESOLVED that the Zoning Ordinance Amendment,
Conditional Use Peimit and Variances for an Animated Digital Sign or Electronic
Message Board Sign for 1897 Delaware Avenue as proposed in Planning Case #05-13
would have an adverse impact on the health, safety, and general welfare of the citizens of
the community and the surrounding land, and would be adverse to the general purpose
and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
This 21st day of June, 2005.
ATTEST: CITY COUNCIL
CITY OF MENDOTA H .IGHTS
By
Kathl en M. Swanson, City Clerk
By
John