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89-2099 WHITE - CITV CLERK . PINK - FINANCE (j I TY O F SA I NT PA U L Council �� �p p� BI.UERV - MAVORTMENT File NO. � Counci olution !` -� �� � �.g �____ �;- Presented By Referred To Committee: Date ��/Z� ° / Out of Committee By Date RESOLUTION GRANTING THE APPEA OF THE DISTRICT TWO COMMUNITY COUNCIL TO A PLANNING COIrII►4ISSION DECISIO GRANTING THE CONTINUATION OF A PEBMIT FOR AN ADVERTISING SIGN ITUATED AT 862 WHITE BEAR AVENUE WHEREAS, the Saint Paul Planning Co mission following public hearings by its Zoning Co�mittee granted the appeal of Schmeig Washburn Industries Inc. to continue the construction of an adv rtising sign at 862 White Bear Avenue; and WHEREAS, the District Two Com�unity Council appealed the action of the Planning Co�nission in a tieely man er, alleging error in the Planning Commission's findings concerning th facts in the case; and WHEREAS, notice of a public hearing before the City Council was duly published in the official newspaper of the ci y and notices were mailed to each owner of affected property and property situ ted wholly or partly within 350 feet of the subject property; and WHEREAS, a public hearing before th City Council was held October 19, 1989, where all interested parties were h ard, the Council having considered all the facts and recommendations concernin the appeal; and WHEREAS, based upon the testimony p esented, the City Council has deter�ined that the Planning Commiasion erred n its finding that work which occurred off-site during the 180 day period as continued work under the permit; NOW, THEREFORE, BE IT RESOLVED, tha the City Council grants the appeal of the District Two Community Council, and hereby rescinds the action of the Planning Commission granting Schmeig Washbur Industries Inc. the right to continue construction of the advertising si� at 862 White Bear Avenue; and BE IT FURTHER RESOLVED, that the Co ncil directs the Buildin� Inspection and Design Division of the Depart�ent o Community Services to order the removal of the advertising sign structure a 862 White Bear Avenue. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond L.o� [n Fav r coswitz Rettman .�p� __ Against BY Sonnen Wilson ��V ? � '�8 Form Appro�ed,by City Att ney Adopted by Council: Date , Certified Ya: d by Counci Secret y By ` sy �-� ��'����-.�`.�•.� A►pp by Navor. D Z 1989 APP�o ed b Mayoc for ubmission to Council Y � ��� �J 4_� �.� BY �� � - �5� ��i-aoq9 ������ �����!�9 GREEN SHEET wo. 535� CONTA PER N 8 E INI'f1AU DATE INRIAUDATE �har�eS � McGu i re - 3364 ❑ EPARTMENT DIRECTOR �CITY COUNqL ��F� �I� ATTORNEY �GTY CLERK MUST BE ON OOUNCIL AOENDA BY(OAT� ROUTMIO � UDOET DIRECTOR �FIN.d MOT.SERVICES DIR. As soon as possi bl e. � AYOR(OR ASSIBTANT) � TOTAL#►OF SIGNATURE PAQE8 1 (CLIP ALL LOCA ION8 FOR SIQNATUR� ACT10N REQUESTED: Approval of resolution. REOOMMENDAnONS:MPr�e(IU a Rek�(R) COUNCN. MI NEP.ORT + ANALYBT PHONE NO. �_PUINPIINQ OOMMIS810N _CIVIL SERVI(�OOMMISSION _GB COMMI7TEE _ _STAFF _ ���: _o�rp�crca,�r — The at ached resolution formalizes City Council action SUPPORTS WHIGi COUNdI OBJECTIVE7 taken t a pu6i i c heari ng hel d October 19, 1989. i�u►nNO P�M.issue.oProaruNm�w�w.wn.�.vun.�,wn«s.wi+�: t• ADVANTAOE3IF APPHOVED: �CEIVEn �DV22i�g CITY C�ERK D18ADVMRA(iE8 IF APPROVED: DIBADVANTAOEB IF NOT APPROVED: . 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X �� '�� 4 � ''�t-"`.�4 � �� � � ,!� � s���`"�y��,'-�,P••'M � > � �x�+-, ��,� ar � � z , � � a�.•t� 3, _ 4 ti �_ .y�,,,. . �,-t"4'r't,�t �'e ,Y ,, 9+,1��xx,.-:�.,aad,e i ' ��, 4`.. ' � �� � � �^,�M"" k , :�',: �. -�i , . _.�t;.,,.-. _.�.k a,._«:.s��'�3.�'.�`�.'$ ... i.,,rs� . .,...,.. . _..�d�.�;,_,� xi-... °�.' -.-,����;�`r:�.�; r, s.�'.s�s,�is.��'4.A.,��x�1���x1�x�F:..n. �� , 1,� ;' � y..' w� r 'v• � � • ��9' �..�.0 � �� �t �� �� ZONING CO ITTEE STAFF REPORT O C i 1 � �1989 FILE #10554 -�° �. •�` �-.. . �� R � � a � ���� �� SUPPLEME ARY STAFF REPORT OCT ER 18, 1989 1. APPLICANT: District 1�o Community Council DATE OF HEARING: 10-19-89 2. CIASSIFICATION: Appeal of a Plan ng Commission decision granting the appeal of Schmieg-Washburn Industries Inc. an administrative order revoking a Sign Permit 3. IACATION: 862 White Bear Avenue ( ast side between Stillwater & E. Seventh) 4. PLANNING DISTRICT: TWO 5. LEGAL DESCRIPTION: Part of Lots 3, 14, & 15; Block 7; Hazel Park Addition 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: Section 66.408. (a) 7. STAFF INVESTIGATION & REPORT: D TE: October 17, 1989 BY: Charles L. McGuire This report is written in response to the appeal as noted in the above captioned information. The supporting documen tion for the District 2 Community Council's Appeal of the Planning Commission Se ember 3, 1989 decision concerning Schmieg- Washburn, Inc. , is provided in a let r from the District, dated October 3, 1989. To assist the City Council in reachi g a decision on the appeal, staff has prepared the following written response on a oint by point basis. A. District 2 contends that the Pla ning Commission first erred in that it found the original permit for this sign was appropriately applied for and granted. The original permit should not ha e been issued: Part 1. The zoning code which w in effect when the 1988 permit was issued required (in section 66.206 (c)(1) that no two advertising signs could be closer than 100 feet on the same side o the street. The Schmieg-Washburn sign is less than 100 feet from either of the two advertising signs at the corner of White Bear and Stillwater. . . Staff Response: The location of the new sign as hown in the plan used by the developer to secure the permit placed this si n 100.1 feet from the other two signs. Further, one of these signs, the one advertising the auto body shop down Stillwater Ave. is an illegal si n and has been ordered removed. The Schmieg-Washburn sign as con tructed is not in accordance with the plan on on file, and is in fact at its n arest point 82.9 feet from the legally existing sign on the corner of Stillwater and White Bea_r Av�:xaues. � !' ���� . �' �- / ��r� File #10554 Page T�ao Sign permits are issued in all cas based on the plans furnished by the sign erectors. It is presumed at the t e of permit issue that the sign erection company will install the sign acco ing to the approved plan on file. art 2. District �io's appeal sta es that "the zoning code in effect at that time further required (also in sec ion 66.206(c)(1) that there could be only one advertising sign per 100 lineal fe t of lot frontage. There already were three advertising signs within 300 feet f lot frontage along White Bear (the two signs at the corner mentioned abov , plus the sign on top of the building at 846 White Bear) . Adding the Schmieg-W shburn sign meant that there would be too many signs per 100 lineal fee, (sic so the permit should not have been issued. Staff Response: The sign at 846 White Bear Avenue s approximately 132 feet from the approved location of the Schmieg-Washburn s gn. Again, if the Schmieg-Washburn sign were placed as depicted on the approved plan it would be 100.1 feet from the legal sign at the corner of Stillwater a d White Bear Avenues. The permit was legall} issued. Part 3. District Twio's Appeal sta es: "In the zoning code in effect when the 1988 permit was issued, section 66.206 established sign regulations for the B-2 and B-3 zoning districts. Sectio 66.206(c)(4) stated: 'No advertising sign shall be pe itted in the B-2 District. ' White Bear between Stillwater and Bush is in a B-2 zoning district. therefore, a permit should not have been issue for the Schmieg-Washburn sign." Staff Response: Section 66.206 Subd.3 (4) , the co rect reference according to our records states: "No advertising sign shal be permitted in the B-2C (emphasis added) District" . The B-2 and B-2C zoni g districts had different sign regulations under the code in effect in 1988. The permit was legally issued. Part 4. District T�ao's appeal st tes: "The Schmieg-{�ashburn sign also appears to be inconsistent with sections f the zoning code in addition to the sign chapter. As constructed, the sig impairs the supply;y of light and air to the residential uses on the second fl or of 862 White Bear. In addition, 862 is nonconforming with respect to par ing, and the pole for the sign has the effect of removing a potential parking s ot, making the property even more nonconforming with respect to par ing." Staff Response: The plans for the sign permit in orce were reviewed and found to conform to the the requirements of the zoning c e. The space occupied by the sign support post is not in a designated park' g space for the property at 862 White Bear Avenue according to any plans on file. The strip of property upon which the File #10554 Page Three sign would be erected if done accord ng to the plan on file, would not be usable for a legal parking space since it i not accessible from a public street, alleyway or easement over neighborin property. B. In this section of its appeal, Dist ict �o contends in part 1. that " . . .the Planning Commission further erred i that, even though it found work had not ceased for 180 days, it failed to r cognize other reasons why the renewal permit should not have been issued. . .". e appeal goes on to cite staff report findings which were suggested to th Zoning Committee and Planning Commission for denial of the Schmieg-Washburn ppeal. Staff Response: The Planning Commission's action ul imately found that the permit issued to Schmieg-Washburn on March 1, 1988 s still in effect (see finding # 5, City of Saint Paul Planning Commission Res ution File Number 89-71 dated August 25, 1989) therefore, no renewal permit is required, nor was the revoked permit renewal reinstated. Therefore, th recommended findings in the staff report are moot. Part 2. This section of District Two's Appeal states that the sign dimensions have changed on different permits. Staff Res�onse: We note that there are discrepanci s in this area. However, the only dimensions which are currently valid are thos shown on the March 1, 1988 permit which is the permit in force. The sign as onstructed is not in conformance with the dimensions shown on the permit in force and should be corrected or removed. This fact was noted by Building I spection and Design Division, and an order _ issued to make the necessary corr ctions in a September 20 1989 letter to " Schmieg-Washburn from Larry Zangs On Monday, October 16, 1989 a tag was issued citing the sign erector for failu e to bring the sign into conformance with the dimensions stated on the permit a plication, within the time allowed by the notice of violation letter. Part 3. The District's Appeal st tes that: "The 1988 permit was issued to Midwest Outdoor Advertising, as w s the 1987 permit, and was clearly identified as an intended renewal of the 198 permit. The full fee, rather than a renewal fee, had to be paid because the newal was not applied for in a timely fashion. The 1989 "renewal" permit was is ed to Schmieg-Washburn, Inc. Legislative code section 33.03(e) says that work st be done only by the permittee, and section 33.04 (D) only allows the permit ee to obtain a renewal permit. Therefore, Schmieg-Washburn is not eligible for a renewal of the Midwest Outdoor Advertisine permit, and in 1989 ust obtain a new permit. A new permit for an advertising sign on this site ca not be issued because the sign does not conform to the present sign ordinance. File #10554 Page Four Staff Response: Under the provisions of Section 66. 03 Licensing. of the zoning code, permits to erect signs are issued only to lice sed sign contractors. The permit issued March 1, 1988 which the Planning Co ission found to be "still in force" was issued to Scott Washburn as the lic nsed sign contractor for Midwest Outdoor Advertising. It appears that Schmi g-Washburn has, in a private business transaction, acquired ownership rig ts to the sign at this location from Midwest Outdoor Advertising. Since the pe it is still in force, the ownership of the sign has, in our opinion, no beari and the permit remains valid. C. District ltao's appeal contends tha : "The Planning Commission further erred in procedure. After it had closed th public hearing on this matter, and the Zoning Committee had voted to deny the appeal, the Planning Commission accepted additional evidence from Schmieg W shburn on the issue of whether work and (sic) ceased for 180 days. The information available at the p blic hearing showed that work had ceased for 182 days. The additional informat on was to support a new argument -- that work related to this sign had taken pla e off site during the 182 days, and that the off-site work should be counted. uch information should have been submitted by Schmieg-Washburn in an appeal of a Planning Commission denial to the City Council. The effect of this late informati and this new argument was to cause the Planning Commission to send the a eal back to the Zoning Committee to consider the new issue. The Zoning Commit ee and the Planning Commission focused only on the question, and forgot that the e were other issues in the case. The Planning Commissions' failure to consider 11 the issues would not have happened if they had not accepted the late informa ion and argument." Staff Response: The standard procedure for dealin with new information brought to the attention of the Planning Commission follow ng the public hearing before its Zoning Committee is established by a Co ission Policy which has been in force since December of 1984. Specifically, ity of Saint Paul Planning Commission Resolution File Number 84-29 date December 7, 1984 states in part: " . . .If the Planning Commission determines t t there is a need for additional information, it may refer the matter back to e Zoning Committee for further consideration or it may hold a public hearing t its next regularly scheduled meeting. Additional public hearings shall follow the notification procedures for the original public hearing." The Planning Commission did not rr in this situation. The Commission strictly adhered to its adopted policy, a d its request to have the matter reheard by the Zoning Committee is consistent w th past practice and the written policy. File #10554 Page Five D. The District Two Appeal further sta es that one additional procedural error was made by the sign contractor in that they continued work on the sign during the appeal process in violation of sect on 64.206{b) of the zoning code. Staff Response: Staff fully agrees with the positio of District ltao on this issue. The section noted states in part: "If permits ave been issued before an appeal has been filed, then the permits are suspen d and construction shall cease until the city council has made a final dete ination of the appeal." It is evident that work has proceeded on construction of the sign since the appeals process started. STAFF RECO�QIENDATION: According to city records, Schmieg-Was burn Industries Inc. is a licensed sign contractor in the City of Saint Paul. As such, their operatives should be fully aware of the requirements of the City' sign ordinances. Failing that, as a sign contractor they have a responsibility to consult with city officials concerning any questions they may have pertaining to the requirements. Further, they are required to install signs in accordance with t e plans they submit. The issuance of a permit presumes construction according to th plan submitted. Clearly, Schmieg-Washburn Industries nc. has made a substantial investment in terms of time and money toward the developm nt of this sign. However, the sign is not properly sited, and contains more sig area and faces, than the permit allows. To correct these conditions, one of the wo sign faces would have to be removed, the sign foundation and supporting struct re moved, and the remaining facing of the sign, rotated to be perpendicular to ite Bear Avenue. No doubt these changes will entail considerable additional expens and time. The staff recommends that Schmieg-Was burn Industries Inc, be ordered to: l. Move the sign to a point 100 eet distant from the nearest point of the existing legal sign at the co er of White Bear and Stillwater Avenues, as shown in the original plan; 2. Remove the second sign face b inging the sign within the limits described on the permit which is in force; and, 3. Rotate the sign face to be pe pendicular to White Bear Avenue. Failing such action to comply with t e terms and conditions of the original permit within a reasonable period of time, chmieg-Washburn Industries Inc. should be ordered to remove the sign structure permanently. Failure to comply with one of the ab ve orders should result in consideration of a revocation or suspension of their S" Contractors license under the provisions of Section 66.403. (g) of the Saint Pau Legislative Code. � ,� §66.206 LEGL9LATNE ODE i ���� (b) Temporary signs: sign projecting into a public right-of-way (1) For new developments, one real estate de- �Yond eighteen(18)inches may not e%ceed velopment sign not exceeding a total of fifty ��n(lb)aquare feet in diaplay area. (50) square feet in area on the lot of the (3) One prnjecting sign per entrance on a street new development, per three hundred(300) frontage is permitted. Any such sign pra feet or less of lot frontage of the develop- jecting ittto a public right-of-way beyond ment.Such sign shall not be located within eighteen(18)inches may not exceed twenty- any required yard. five(2b)equare feet in display area. (2) For all usea, one real estate sign not ex- (b) Temporary signs: ceeding a total of six(6)square feet in area. (1) For new developments, one real estate de- (3) For all uses,one sign not exceeding a total velopment sign not exceeding a total of one of four (4) square feet in area identifying hundred(100)square feet in area on the lot an engineer,architect or contractor engaged of the new development. Such aigns shall in,or product used in,the construction of a not be lceated within any required yard. building. (2) For all uses, real estate signs not exceed- (4) Te�porary signs shall be permitted as ing at total of twelve (12) square feet in follows: �a• a. Banners,pennants and stringers. (3) For all uses,one aign not exceeding a total b. Ground and wall signs, the total area of one hundred (100) square feet in area not to exceed thirty-two(32)square feet. identifying an engineer, architect or con- c. Portable aigns are permitted if such tractor engaged in, or product used in,the signs do not exceed a total of three ��T�ction of a building. hundred fifty (350) square feet in dis- (4) Temporary aigns shall be permitted as play area. follows: `—� d. Such signs shall not remain in place a. Banners,pennants and stringers. for a period exceeding thirty(30)days. b. Ground and wall signs, the total area . � (5) Political signs are permitted. Such signs not to exceed a total of thirty-two(32) shall be removed within seven(7)days after square feet. � the election for which they are intended. c. Portable eigns are permitted if such - (6) Temporary signa,concerning a commodity, signa do not exceed a total of three service or entertainment conducted,offered, hundred fi�y (350) square feet in dis- sold ar manufact�u�ed on the premi�es,plaoed play area. inside of the window of a building are d. •3uch signs ahall not remain in place ��t� for a period exceeding thirty(30�days. (Code 1966, � 66.205; Ord. No. 17204, 1-15-85) (b) Temporary signs,concerning a commodity, • ' service or entertainment conducted,offered, � Sec. 66.206. B-2 and B3 Business I)istricts and sold or manufactured on the premises,placed ES Expresaway Service District. inside of the window of a building are ' (a) Business signs: pertr►itted. (1) The sum of the gross surface diaplay area. �6) Political signs are permitted. Such signs in sqt�are feet of all business signs on a lot ���removed within seven(7)days after shall not exceed two (2) times the lineal �e election for which they are intended. feet of lot frontage or seventy-five(75)square ��1�r: . 'feet,whichever is greater. � for (2) Only one pole sign or one ground sign per e lot ia permitted in a required yard. A pole fron _�� 36 _.___`� . ��� � ZO ING CODE 4 66.209 \ � � ( d in (� ' i . (Code 1956, $ 66206; Ord. No. 17062, 10-20-83; �� Ord.No. 17204, 1-16-85) t ��• Sea 66.207. B-4 Business District. (2) No advertiaing sign in a B-2 or B-3 Distr' t (a) Business signs. The sum of the gross sur- shall be placed within seventy-fve(75)I' - face display area in aquare feet of all business eal feet along the road of a residence s- aigns on a lot shall not exceed four(4)times the trict. Such signs shall also not be pla d lineal feet of lot frontage of a lot. ' within one hundred fifty(150)feet of a p k (b) Temporary signs. Temporary signs shall be or parkway, with the exception of Smi h, ��itted as regulated in the B-2 and B-3 Dis- Rice and Irvine Parks, and that portio of trict,Section 66.206(b). Ford Parkway between Prior Avenue a- cated and the Mississippi 8iver Boulev d, (c) Projection, Signs shall be permitted to project nor be placed within seventy-five (75) in- a mRximum of twelve(12)inches over public side- eal feet along the road of a church or pu lic walks and rights-of-way from the building line. or private achool;provided,that in no (d) Aduertising sign.s. Advertising signs are pro- shall a sign be located closer than fifty 50) hibited in a B-4 Business D'ustrict. feet to a residential district. (Code 1956, � 66.20?) (3) Each sign shall not exceed a gross su ace Sec. 66.208. B-6 Business Districts. display area of three hundred �fty 50) (a) Business signs. The sum of the gross sur- square feet(in any one viewing direc on), face display area in square feet of all business except advertising signs along major r- 8igns on a lot shall not exceed four(4)times the ies that carry a daily tr�c count o five lineal feet of lot frontage of a lot. thousand (5,000) vehicles or more. N ad- vertising sign of this latter type shall ave (b) Temporary signs. Temporary signs shall be a gross display area of more than ven permitted as required i.i the B-2 and B-3 Districts, hundred fifty (750) square feet; pro ided, Section 66.206(b). that any rectangular advertising si may (c) Projection. Signs shalI be permitted to project contain exbensions,cutouts or top let ring a maximum of twelve(12)inches over public side- which occupy a total area not in ex ss of �,alka and rights-of-way from the building line. fifty (50) percent of the area of the basic advertising sign and form an integr 1 part (d) Aduertising signs. Advertising signs shall "of design thereof;and provided,that such be permitted as regulated in the B-2 and B-3 Dis- - extension,cutout or top lettering may roject tricts,Section 66.206(c). more than six (6) feet from the to eigh- (Code 1956, § 66.20$) � teen(18) inches from either side or ifteen (15) inches from the bottom of th basic Sec. 66.209. I-1 Industrial 1 Distxict. rectangular advertising message. (a) Business signs: The area of an extension, cutout, or top �l) The sum of the gross surface display area lettering shall be deemed to be the area of in square feet of all businesa signs on a lot the smallest rectangle into which uch ex- Shall not exceed two (2) timea the lineal • tension, cutout or top lettering wi fit. In feet of lot frontage of a lot. � no case shall the size of the sign,i cluding (2) No business sign ahall be located in a re- extensions, cutouts or top letterin exceed quired yard except one pole sign or one one thousa�d(1,000)�quare feet. ground sign. A pole sign projecting into a Supp.No.2 � . 637 _, r,� ,.� � = . �`"� "'' ,` i .��$c t'^ op 'I� � � x CITY OF SAINT PAUL ,°, ����;�,,,,, ro DEPARTMENT F PLANNING AND ECONOMIC DEVELOPMENT �m ���� �� � he' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 �8 6'� 612-228-3270 GEORGE LATIMER MAYOR October 13, 1989 Albert Olson, City Clerk � Room 386, City Hall Saint Paul, Minnesota 55102 RE: Zoning File #10554 - District 2 ommunity Council City Council Hearing: October 1 , 1989 PURPOSE: An appeal from the decision of the Planning Commission granting an appeal of an administrative order rev king a sign permit on property located at 862 White Bear Avenue. PLANNING COMMISSION DECISION: Appr ve 9-3 (August 25, 1989) ZONING COMMITTEE DECISION: Den 5-0 (July 6, 1989) App ove 4-3 (August 17, 1989) STAFF RECOMMENDATION: Den SUPPORT: None. OPPOSITION: Two letters received two persons spoke. Dear Sir: On July 6, 1989 the Zoning Committee of the Planning Commission held a public hearing on this appeal of an administrative order. The petitioner testified. At the close of the hearing, the Co ittee voted 5 to 0 to deny the appeal based on staff report findings and 'nsufficient documentation that on-site construction was performed between eptember 14, 1988 and April 16, 1989. On July 14, 1989 the Planning Commi sion voted (10-1) that the matter be referred back to the Zoning Committ e. On August 17, 1989 the case came be ore the Zoning Committee and approval of the appeal was recommended based on additional information from the Building Inspection and Design Division and vidence and testimony from the applicant that off-site work on the sign was ontinuing during the 180 day period in question. The motion for approval arried by a vote of 4-3. On August 25, 1989, the Planning C ission upheld the Zoning Committee's recommendation on a vote of 10-1. Albert Olson, City Clerk October 13, 1989 Page Two This appeal of a Planning Commission ction is scheduled to be heard by the City Council on October 19, 1989. P1 ase notify me by October 17 if any member of the City Council wishes to have sl des of the site presented at the public hearing. Sin rely, �� � �� � � ,,/� � � `: ,� , � .�L,��,C'--�_�� .�-��/- . Pegg�A. Reichert Deputy Director for Planning PAR:rm Attachments , , CITYIOFTSANNT�PAULP�ECEIVED ZONII� OFFICE USE ONIY Fi le # /O SS`r SEP 121989 qpp�;�ation Fee S ���-� ZONING Tentative Hearing Date D � � v Application is hereby made for an Appeal to the C .��� under the provisions of Chapter 64, Section 2�-O�-�aragrap ,�_ o t�ie- oning o e to appeal a decision made by the Board f Zoning Appeals � Planni g Conmission on , 19_• Zonin Administrator (date of decision) Planni g Administrator _ Other A. APPELLANT Name i � (��ll Daytime phone 73� -6��Z Address 2/ 6 .�T� �L F11' 2. Zip Code �5�� � 6. OECISION BEING APPE ED � Zoning file name —VlJ � Zoning File � /o y 9..� Property Address/Location � � Legal description .3""� ��� " � C. GROUNDS FOR APPEAL (Use additional she ts if necessary.) (txplain why you feel there has been a error in any requirement, permit, decision or refusal made by an administrative o ficial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Cortmission.) � — - �p : � ^ � ' -! � � 2 - -, ! �"' ,� � J -.� "i � � ���•�vt / If you have any questions, please contac : � �Z���° • plicant's signature St. Paul Zoning Office 1100 C i ty Ha l l Annex C;.��i��./��� 25 West F�urth Street � � �7� Saint Paul , Minnesota 55102 Da e City agent (298-4154) 9/82 ��'`1" �' Jr 1 • Phone: 731-6842 { , I)I�'g'�IC'�° � C�1�I��11� � C��JI�TC�Ia 2169 STIILWATER AVENUE ST. PAUL.MINNESOTA 55119 ��� October 3, 1989 � Cancil President Jim Scheibel and M�r�ers of City Co�.ncil 7th Floor, City Hall Sairrt Paul, NN 551� RE: Zoning File #10493 Schmieg-�lashburn sign appeal 862 ►�ite Bear Avenue Hearing date: October 12, 19�9 Dear Co�aici lrr�ari�rs: � In this letter District 2 Crnmnity Ca�r�cil p sents supplenental ir�fortnation regarding our appeal af the Plaming Cormission's decision this matter. This appeal is irrportant to the neighbortbod because af the m�ltiple problens the block that is White Bear Avenue between Severrth and Sti l lwat�er. The Rultiple adverti ing signs in the area are arong the major blighting influences there. A. District 2 cart�ends that the Plaming ission first erred in that it found the ar'iginal permit for this sign was appropriately appli for and grarited. The �iginal permit st�ould not have been issued: ` 1. The zoning code which was in effect when the 19�8 permit was iswed required (in section 66.206 (c)(1) that no advertising signs oould be closer than 100 feet on the sarre side af the st . The Schmieg-Washburn sig� is less than 100 feet fran either af the t advertising sigis at the oorner of White Bear and Stillwater (a tw�-f sign rxyw advertising a housing develop- . meRt and a political carrpaign, and sign now advertising � auto body shop). Therefore t'�e pennit sta�:d ro* !� be�i issued. 2. 'flie zoning code in effect at that irre fur�ther required (also in section 66.206(c)(1) that there could be ly one advertising sign per 100 lineal feel of lot frartage. There alre were three advertising signs within � 300 feet vf lot frontage along Whi Bear (ttie two signs at the corner, mentioned above, plus the sign on of the building at 846 I�ite Bear). ; Adding the Schmieg-Washburn sign ar�t that ttiere waald be too rna�y si�s per 100 lineal fee, so the permit ld not have been issued. x � � . � , . RECEIVE ' bCT 5 19�9 ZONING � . P � � . , , Page TMn (2) - President Jim Scheibel ard o�f the City Coutcil Octrobe+^ 3, 1989 3. In the zoning code in effect wt�en 1988 permit vss issued, section 66.206 establist�ed sign regulations for B-2 B-3 �oning districts. Section __ . 66.206(c)(4) stated: "No advertising sign shall be ittsd in the B-2 District." I�ite Bear between Stillwater and is in a B-2 zoning district. There- fore, a permit should no�t hav�e been ssued for the Schmieg-Washburn sign. 4. The Sctmieg-Washburn sign also appea to be inconsisterrt with sections af the zoning code in additirn to the sign . As oonstn.icted, the sig� irrpairs the wpply af li�t and air to the idential uses on the secor�d floor of 862 White Bear. In addition, 862 is rnncortformirg with respect to parking, and the pole for the sign has the ef ect of renoving a patential parking spot, makirg the property even rrore orming with respect to parking. B. The Planning Crnmission further erned in t, even thax,�h it fand worlc had rot ceased for 180 days, it failed to recog�ize other reasa� why the renewal permit should not have been � issued. There "o�ther reasons" are in additi to the fact that the original permit should no�t � have been issued: 1. The PED staff report, which denial of Scimieg-Washburn's appeal, included the follawirg findings: ; "9. The stated policy af the Z ing A�ninistrator's office is that when a prrnrision of the legislat ve code for si�s is arended in a - manner which makes a sign orming, and a sign is under con- stn�ction, the sign may be carpl , provided this is acrnarrplished within the time limits aF the it which is in force, at the tirre � the c�de arr�ertt oocurs. "10. No new permits may be iss for a sign which does not catform ' to the code, and no renewal ts may be iswed to oarQlete a non- carforming sigi ahich is �nder rtxtim. To qualify for ron- conforming status, the sign in ion should have been ornpleted by March 1, 19�, at the lat�est. . x The Sctmieg-�lashburn siyn was not teted hy March 1, 1989. R r�newal perr;iit to carplete it shuld nt�t have been is bec�use of the zoning code charge. It is �reasonable to e�ect that should be allawed alm�st two years to crnplets a r�onconforming sign. � 2. The 19�7 permit identified the di ions of the sign as 12' length, 25' wi�th, � and 30' height. The 19�8 permit i ified the dimensions of the sign as 25' 3 length, 12' width, and 30' height. The 1969 "r�er�ewal" permit identified the � dimensions af the sign as 30' 1 , 10' width, and 30' height. The dimensions af the sign as constnicted appear be 30' Fariza�rtal, ZO' vertical (tw� sigi faces, each 10' vertical) and 30' 1 hei�t frcm the gro�c�d. 4 � .. � �9 � �� n� . , � � P�e mr�ee ts) - President Jim Scheibel ard o� tne city cancii � October 3, 1989 Section 33.04 (D) of the Legislati Code alla�rs a r�ral permit, at half the normal fee, "provided no d�ar�e have been made or will be made in the � original plans and specifications f r suc� w�rk." The 1989 "r�ral" permit describes dimensions diffe fran the 1988 permit, and the sic,� as constnacted has dimensions diffe frcm the specifications listed in a�y permit. Therefore the Sctmi -Washburn sign project was not eligible for a renewal permit, a new permit s required, and a new permit for the sig� on this site camot be issued the sign does not oa�form to the present sig� ordinance. 3. The 19E8 permit was issued t;o Mi Outdoor Adv�r�tising, as was the 1967 p�mit, and vss clearly identified an irrt,ended renewal of the 1967 permit. The full fee, rather than rer�wal fee, had to be paid because the renewal was not applied for in timely fashion. The 1989 "ren�al" permit was issued to Sdmieg , Inc. Legislative code section 33.03(e) says that w�ric nust be only by the permittee, and section 33.04 (0) only allows the permi to obtain a renewal permit. There- fore, Sctmi -Wast�urn is nat elig ble for a renewal of the Midwest a�tcioor rtisir� permit, �d in 1989 nust obtain a new permi�A new permit o�r an advertising sign on this site carrat be issued because the sign does not cor�form the present sigi ordinance. C. The Plaming Caimission further erred in procedure. Aft�r it had closed the p�lic hearing on this mattQr, and the Zrning Crnmi�ttee had vo�ted to deny the appeal, the Pla�ning Carmission accepted additional evidence frvn Schnieg-�la on the issue af whett�er woric and ceased for 180 days. The information available at the qblic hea 'ng sha�ed that work had oeased for 182 days. The additional irrta�tt�ation was to s�port a new rgunent -- that w�ric related to this sign had taken plaoe aff site during the 182 days, that the off-site w�ric should be oo�,nted. Such information should have been suhnitted by ieg�►lashb��rn in an a�peal of a Plaming Carmission denial to the City Cai�cil. The effect af this late information and thi new ar�rnerrt was to cause the Plaming Conmission to send the appeal badc to the ZAning Crnmi to oonsider the new iswe. The Zoning Cortmittee and the Plaming Carmission focused only on the question, and forgot that there were other issues in the case. The Plaming Carmissia�'s fai ure to ca;sider all the iswes would not have happer�d ' if they had not accepted the late infottr�ti and arguneRt. D. We would like to call y�our attention to �nother procedural error; this one was made by Schmieg-�lashburn, rat by the Plaming Crnmi sion. Acooring to section 64.206(b) all permits are susperided while appeals are in process. ai the sign has oorrti►wed during the appeal prooess. This can be verified by carparing the sli show+n to the Plaming Ccrtmission with curr�ent pictures af the site. Page Far (4) - President Jim Scheibel and of the City Cancil Octaber 3, 19� District 2 respectfully asks the City Canc'1 to find that the Plaming Carmission erred, that one or both of the permits for the si� ld rxrt have been issued, and that the Sdmieg- Washburn sic,� should be m�ved to another 1 ion where it would oonply with the preserrt sig� code. Thank yw far� yam consideration of this 1. Sincerely, ";�;�� /� Tina Nbreland, Chair District 2 Carmnity Ca.ncil 1M:pak c.c. Sctmieg - 4rashburn PED Zoning Zoning A�ninistrator < � +���,t,.. ., CITY OF SAINT PAUL � A DEPARTMENT OF COMMUNITY SERVICES % � � BUILDING INSPECTION AN�DESIGN DIVISION •� „• City Hall,Saint Paul,Minnesota 55102 ,••• 612-298-4212 GEORGE IATIwtER , MAYOR � September 20, 1989 Scott Washburn Schmieg-Washburn, Inc. 2887 Edgerton Saint Paul, MN 55117 ' RE: Billboard installation at 862 ite Bear Avenue Dear Mr. Washburn: ' We hereby inform you that an appeal has been filed on the Planning Commission's decision to allow completion of the referenced sign. Any or all uncompleted work on the sign must cease immedia ely pending the outcome of this appeal. It has also come to our attention t at you have installed two (2) sign boards on the same side of the pole (one ove the other facing north) . We consider these boards to be separate signs d as such in violation of Sections 66.109 and 66.201(6) of the City's sign o dinance (see attached) . The installation of the second sign board is also i violation of the original permit issued � for this project. � 4 You must remove one of these sign aces by Friday, . October 13, 1989, a Failure to comply with this order ill necessitate enforcement action. If you have any questions, please all me at 298-4584. Sincerely, � awrence R. Zang Zoning Technicia LRZ:krz enc. ��•a,*• •••�i � CITY Of SAINT PAUI � ' DEPARTMENT F PLANNING AND ECONOMIC DEVELOPMENT : e DIVISIQN OF PLANNI\G •� � 25 west fowth sdee+.saiM raul.tNi�w�esota sSw2 �••• 612-22&32'0 GEORGE UTIMER MAYOR August 28, 1989 Mr. Scott Washburn Schmieg-Washburn Industries, Inc. 2999 Yorkton Boulevard Little Canada, Minnesota 55117 Dear Mr. Washburn: On August 25, 1989, the Planning Comm ssion, by a vote of 9 to 3, approved your appeal of an administrative order rev king a sign permit, #051630 at 862 White Bear Avenue. Enclosed please find th resolution to that effect. The decision to grant this appeal by he Planning Commission is an administrative action subject to app al to the City Council. Anyone affected by this action may appeal this decis'on by filing the appropriate application and fee at the Zoning Office, 1100 C ty Hall Annex, 25 West Fourth Street. Any such appeal must be filed within 15 alendar days of the mailing date noted below. Please call me at 228-3382 if I can e of further assistance. Sincerely, Roge an City nn Zoning Sect RR:rm Enclosure cc: °,• , ��,, � ��loning,Administrator License Inspector Fire Marshal District Council #2 Mailed: August 28, 1989 S i.� f, :± c7 ;�_ ��%�/� l ro� � � aty of saint paul . :# plal�'liftg COrYttl�liSSlOt1 t" tlOtl file number 89-�1 � date Au�ust 25. 1989 ; ! WHEREAS, Schmieg-Washburn Industries, Inc. , file #10493, has applied to appeal an ; administrative order revoking a sign ermit on property located at 862 White Bear ? Avenue, legally described as Part of ts 13-15, Block 7, Hazel Park Addition; and � WHEREAS, the Zoning Committee of the lanning Commission on July b and August 17, 1989, held public hearings at which a 1 persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative ode; and WHEREAS, Saint Paul Planning Commissi n, based on the evidence presented to its Zoning Committee at the public hearin as substantially reflected in the minutes, made the following findings of fact: a l. A permit, #051630, allowing const ction of a sign at this site was issued on March 1, 1988. 2. New sign regulations became effec ive March 15, 1988. Under these regulations, ' the proposed billboard if constru ted would not conform to the minimum spacing requirement for advertising signs in the B-2 zoning district under the � provisions of Section 66.214. (b) able 1. The new required spacing for advertising signs along White Be Avenue is 660 feet between signs. 3. An inspection of a footing for a sign on the site on September 1, 1988 is noted in the inspection report for pe it #051630. 4. Based on testimony given by Buil ing Inspection and Design Division + representative Wendy Lane, conti uation of the project would have been allowed � s under the original permit had th applicant demonstrated that off-site ' fabrication of the sign support tructure was continued during the period a September 1, 1988 to March 1� 19 9. ; ` 5. Based on evidence submitted and estimony provided by the applicant, work on the _' pro�ect did continue until April 16, 1989, and therefore the permit originally issued on March 1, 1988 is still in effect. NOW, THEREFORE, BE IT RESOLVED, by he Saint Yaul Planning Commission, that under the suthority of the City's Zoning ode, and based upon the above findings, the appeal by Schmieg Washburn Industri s, Inc. of an administrative order revoking a sign permit #051630 at 852 White Be r Avenue is hereby granted. ' moved by MORTON s�econded by P�K � in fav�or— � agaitist— ; _.; : , VII. ZONING COl4lI1TEE lis. ljorton said the Zoning C mmittee had reviewed the resolution to initiate the 40-acre study d recoumended initiation of the 40-acre study for the purpose of co idering needed amendaents to the Zoning Code. Mr. Soderholm said there Na an arror in the resolution--it should be Text Amendments VII rather an VIII. The Chair asked that the public hearing be organized so co ents can flow With regard to each of the topics and be handled in th same public hearing. ' MOTION: Ms. Morton made a otion to adopt the resolution. Mr. Park seconded the motion. The m tion carried by unanimous voice vote. 4 - Appeal of an Administrative Order revoking a sign perm . (862 White Bear Avenue - Zoned B-2) Ms. Morton said District 2 reco�ended denial but the Co�ittee by a vote of 4-3 recommended ap roval of the appeal based on additional information from the Build ng Inspection and Design Division and evidence and testimony fro the applicant that off-site work on the sign was continuing during the 180 day period in question. OI�I TION: As Committee Chai , Ms. Morton moved approval. Mr. Park seconded the motion which arried by a vote of 9 to 3 with Ms. Morton, Mr. Neid and Ms. Wencl vot ng nay. ,Teffrey Kantner #10519 - quest for Nonconforning Use to allow continued occupancy of a ird-floor unit as a caretaker's apartment. (1800 Englewood Avenue - ned 8-4) MOTION: Ms. Morton said e Com�ittee by a vote of 6-1 recommended denial based on staff fi ngs, and so aoved. PIs. �1enc1 seconded the aotion. The Chair sugges ad addiag language indicating that the third unit was established in 1 81 and has not been prinarily used as a caretaker apartment. The suggestion was accepted. The motion carried by a unanimous voice vote. (�le ve th tr et C # - Request for Special Condition Use Permit to permit exp sion of a Special Condition Use to allow a drying area to be used a a regular car wash bay. (536 Clay Street - Zoned B-3) . MOTION: Ms. Mortpn said the Committee by a vote of 5-2 recommended denial of the Special Co dition Use with Modification based on staff findin�s. She moved den al. Mr. Park seconded and the motion carried by a vote of 11 to 1 wit Mr. Neid voting nay. � . � i�a�,ru��Mg 3 C����io� t»� hu,l�es ��. �s, �qd9 ;�/: -- � n . � i " � �,�//� MINUT&S OF ZUBIIIG COlIIiI1TES CITY COUNCIL CHAMBERS, SAINT_ AUL. 2iINNESOTA ON AUGUST 17� 1989 PRESENT Mmes, Hirte, Morton� Trac and Zieaan; Messrs. Christenson, Neid and Repke of the Zoning C �ittee; Mr. Segal, Assistant City Attorney; Ms. Lane of the Building Inspection and Design Division; Mr. Bunnell, Mr. McGuire d �s. Murray of the Planning Division staff. ABSENT: Ms. i�encl* *Excused c m -Wa b u t 0493 : An Appeal of an Administrative Order revoking a sign permit for pr pert� located at 862 White Bear Avenue. The applicant was present; there wa opposition present at the hearing. Mr. McGuire stated that the staff r co�endation for denial, presented in the June 21, 1989 staff report, remains the ssme. He asked that the City Attorney and Ms. Lane of the Building Inspec ion and Design Division (BIDD) speak to the issue. Mr. Segal stated that after the las Zon,"�; Committee hearing� the case went to the Planning Commission where th re vas discussion about whether the appellant had presented additional r aev facts, and the matter was returned to the Zoning Committee to give the applicant an opportunity to present the additional facts. He said that the Plsnning Commission also questioned whether the BIDD had considered and had information concerning any construction involving the billboar sign that was occurring off the premise at the time a determination was ma that the permit had expired because of lack of work being perforned. Mr. egal said that the applicant's additional testimony would help the Co�ittee n its determination and it would allow the BIDD to indicate whether they woul consider any off-site work as work being - done under the permit to allow the erait not to have expired. Ms. Lane stated that she was reque ted by 2�r. Segal to check into the kind of historical precedence there aight e in EIDD's interpretation of the 180 day expiration period. She distribute a copy of a section of the Uniform Building Code dealing with the pre ent issue. Ms. Iane quoted, "Every permit issued by the building official un er the provisions of this code shall expire by limitation and become null and oid if the building or work suthorized by such permit is not co�enced withi 180 days from the date of such permit. . . . . . . ." She said it does ot say whether the work has been commenced on or off the property within 180 ys and added that� generally, any kind of work on a construction project is one oa the site. lis. Lane stated that construction of a sign is differen than is normally considered under the building code. She told about a c nversation with Dick Amy� supervisor of inspectors who has been with BIDD or approximately 25 years. Ms. Lane said Mr. Amy's recollection is that the e has aever been a similar case. Ms. Lane said that, on the other hand, for onstrsction pro�ects such as buildings, small amounts of work can occur du ing that 180 day period which would not be � �� .. �; i:��� � Fil� �10493 ` � � � � � . - Page iiro obvious to the building inspector. S e said that the issue has never come up with their office. Ms. Lane stated t at she spoke to Jan Gasterland, the Saint Paul Building Official and Zoni g Administrator, vho advised that there have been court cases regarding this ssue which revolved around the type of vested interest the developer has had in the project. Mr. Gasterland advised Ms. Lane that preparation of architec ural plans was found by the courts to be a vested interest; and added that he as no recall of any court cases vhich involved the off-site fabrication of structure. Ms. Iane said that if the applicant had come into the BIDD offi e after the 180 day time period had expired and told that division that ere vas off-site vork going on� the division would have then made a dete ination whether or not the sign was being fabricated for the 862 White B ar Avenue site or any one of a nusber of sites. If the work was specifically for the 862 White Bear Avenue site, and was being done within the 180 days, he applicant would have been allowed to continue. Ellen Sampson� attorney representing the applicant, from the law firm of Leonard� Street and Deinard, 150 Sou h Fifth Street� Minneapolis, distributed a packet of information to document ff-site work being done on the sign during the relevant time period. Sh explained work on the sign towers done at the Schmieg-Washburn plant in Feb ry, 1989, and the installation of that construction in early April; "well b fore we got a letter dated April 18 from the Zoning Administrator telling us hat the permit had been revoked." Ms. Sampson explained and clarified othe exhibits contained in the packet. She said that the photographs Were take from the Schmieg-�lashburn bulletin board where a display of ongoing work-in- ogress and vork installed is kept. Ms. Sampson stated that Schmieg-Washbu is a small business operation which purchases limited quantities of sup lies and the materials for the installation at 852 White Bear Aven e were fabricated in their shop. Mr. Segal stated that the problea r volves around the period of 180 days when supposedly no work on the siga had een done and, if that is the case, the permit would have expired. He sai that September 1, 1988 was given in the previous hearing as the date when a inspector viewed the property and noted that a footing was either installed or in the process of being installed. Mr. Segal asked that lLs. Sampson and Iir Washburn address evidence of construction/fabrication of the si between Septe�ber, 1988 and April, 1989. Ms. Sampson replied that it is her derstanding that the 180 period started from the time the last work vas do on-site, which pertained to footings for the sign, and said that after chec ing the Schmieg-iTashburn records, the September 1, 1988 date seeas to be incorrect. She referred to Appendia B noting a check dated Septeaber 14, 1988 to Cemstone with a memo line reading payment for the cement installatio at 862 White Bear Avenue. Ms. Sampson said that it would then be mid-Sep ember from which the 180 days would be counted. She stated that it was i February, 1989 that other materials arrived in the shop and the fabric tion began. Mr. Segal encouraged the presentation of evidence to substa tiate progress on the sign between September, 1988 and the following 80 days. Scott Washburn, 1886 Todd Drive, A den Hills� described the construction process and showed photographs of n-site and off-site sign construction/fabrication. He sai that in September, 1988, Don Tschida examined the excavation for the si footings, etc. and gave the go-ahead for vork to proceed. Mr. Washburn st ed that initiallq an insufficient amount of ' Fils N10493 . ' Pase� Three � concrete was ordered, in the seant the hole vas covered and enclosed with a , 'barrier fence" and on Septenber 14 1988 concrete was poured to complete the ! foundation for the sign. He said th t on February 17, 1989. the firm was financially able to purchase steel f r the sign, and in-between work on 93 other jobs� there was ongoing fabric tion on the sign. , Iir. Christenson asked about the deli ery date of the steel. Kr. Washburn estimated that it was about a week a ter the order was sent and referred to pictures showiag construction of the sign. Mr. Christenson asked about substantiation of the steel being fo the sign at 862 iThite Bear Avenue. Kr. Washburn replied the sign is the on single-pole center sount constructed by their firm. lir. Neid asked about other work do by the firm. Mr. Washburn said that their firm is in the billboard busi ss and would not be classified as a manufacturer of billboards but that Schmieg-Washburn does install billboards. Ms. Sampson reiterated that off-sit rork was proceeding on the sign during the relevant time period; that it v s difficult for a small firm to substantiate 'to the hour" when wor vas on-going. Mr. Christenson referred to a noted February 15, 1988 conversation with Don Tschida concerning the work and ask d for evidence of the dste and nature of the conversation. Mr. Washburn rel ted circumstances regarding the call and said that Kr. Tschida's concerns w e about progress on the sign. Mr. Neid asked if payaent for conc ete is at delivery time or if it is billed. Mr. Washburn replied that they are strictly on a c.o.d. basis. Mr. Neid asked about the date of the work order d check for $12,556 to Anerican Steel and . Industrial Supply. Mr. {dashburn e lained the dates circled on the im�oice. Paul Gilleland, District 2 Com�uni Council, 1409 licAfee Street, testified that illegal procedures were used, that a dangerous precedent vas being set _ and that District 2 is responding o cancerns of neighbors vho have observed no on-site work during the 180 day period in question. (Transcription of testimony is attached.) � Ms. Sampson stated the applicants' understanding of District 2's concerns. ; � She restated their interpretation of the pertinent issues. I�is. Sampson said that the Co�ittee has been advis d and has been given substantiation from ! Schmieg-Washburn's records that e work for the sign vas on-going. � . l+ir. Neid referred to the second p rmit issued March 1, 1988, quoted from the staff report, and questioned what type of work was done between that date and , September 1, 1988. Kr. iTashburn eplied. � l�s. Lane added that she counted 1 0 days from March 1 and that period ends at September 7, 1988. She said tha she asked Don Tschida to refer to his log �_ regarding his corrversation on Fe ry 15 with Mr. Washburn; upon checking the log, she was advised that the co ersation occurred on February 17, 1988. Ms. ' - Lane said that Mr. Tschida's rec llection of the cotrversation was that he told _ Mr. Washburn "he'd better get bu because his time was almost up.". She �tated that when Mr. Tschida saw the renewal permit, he figured that Mr. Washburn took care of everything � . . .. . . ' y_ • _ _ . _ . . . ' ' , . .. .. . .. _ . .. __ . - . , ` Fil� M10493 ,. . � page �Four There being no further testimony, . Morton closed the public 2�earing. Mr. Neid questioned the February 17� 1989 comrersation. He asked if 180 days was calculated from February 17. . Christenson stated that 180 days is March 15, counting from September 1 , and because Schmieg-Washburn was on-site and worked on March 16, the questi is whether or not something was done before March 16. Mr. Christenson s ated that the question before the Committee is whether off-site work ounts and Whether or not it is proven. Mr. Repke moved to reco�end appro 1 of the appeal based on additional inforraation from the Building Insp tion and Design Division and evidence and testimony from the applicant that f-site work on the sign was continuing during the 180 day period in quest n. I�Ls. Zieman seconded the motion which passed on a roll call vote of 4-3 eid, Hirte, l�torton). Submitted by: Approved by: � � � Charles L. McGuire Gladys Mo on, Chairman ; ��- � .. , � VII. ZONING COI�IIiITTEE Robert Austin M10487 - Req at for Nonconforaing Uae to a11oM continuing use of the struc re as a triplex. (857-859 Ashland - Zoned RT-1) � Iis. Morton advised that the committee recommended denial MOTION: based on insufficient docum ntation that the triplex had been in , existence for a 10 year per od and inconsistency with the � Comprehensive Plan's prescr bed denaity for the general area. She � aade a notion to deny which was seconded by tir. Neid and carried ' unanimously. Ernest Lamson #10494 - Requ st for Rezoning froi RT-2 to P-1 for property at 528 Michigan St eet to permit development of offstreet parking space. Ms. Morton advised that th committee reco�ended denial based on inconsistency with the dis ict's portion of the Coaprehensive Plan. - She said the draft resolut n would be on the Planning Commission agenda for the July 28th m ting. v e - Request for Speciai Condition Use Permit with Modification t allow mixed residential and office use of an existing structure with more than 508 of the first floor area � occupied residentially. ( 14 Portland - Zoned OS-1 and Rii-2) MOTION: Ms. Morton said t e commnittee recommended approval by consent. Ms. Hirte second d the motion which carried unaninously. - Request to consider an � Appeal of An Administrativ Order revoking a sign perait. (862 �Thite � Bear Avern�e - Zoned B-2) � I � Ms. Morton said the co�it ee reco�ended denial based on ataff report , findings and insufficient cuaentation that oa-aite constru�ction ras perforaed between Septemb 14� 1988 and April 16. 1989. She �aid the ' building perait had lapse aad there was testiaony by applicant that ' they xere xorking on the oject but it was off-site aork. Attorney Segal said the issue is ether tbe sign owner �as doing necessary work such as building the frasework for the sig� even though it Masn't on site. You have to wei the testi�ony and decide Nhether �►ork had been done that could meet the requireaent. In aany ca�es �rhen construction work is perf rmed offsite it can be considered work in process. The Chair said hat people who were there could retry and either reverse• or take ac ion. Mr. Park said the standard was whether work occurred. Mr. Repke said that if work was going on off site the • applicant should prove th t spec3fic work vas done off site. MOTIOI�: tir. Park moved th matter be referred back to committee. The motion was seconded by Ms Hirte and carried by a vote of 10 in favor with Mr. Repke voting nay. . �.MA�II� � VIII. OLD BUSINESS - None ��ss��► IX. NEW BUSINESS - None �� n�/,� � �� �}, �ad9 � MINUTES OF TH ZONING COIrl1iITTEE : CITY COUNCIL CHAMBERS, SAINT PAUL� MINNESOTA ON JULY 6, 1989 PRESENT: Mmes. Hirte, Morton, Tracy and Wencl; Messrs. Christenson, Neid and Repke of the Zoning Commit ee; Mr. McCloskey, Assistant City � Attorney; Ms. Lane of the uilding Inspection and Design Division; r I�ir. McGuire and Ms. Murray of the Planning Division staff. ABSENT: Ms. Zieman. The meeting was chaired by Gladys Mor on, Chairman. Schmie -Washbu d s e # 4 3 : An Appeal of an Administrative Order for property located at 862 Whi e Bear Avenue to consider revocation of a sign permit. The applicant was present; there was pposition present at the hearing. Mr. McGuire showed slides of the sit and reviewed the staff report with a recommendation for denial. Ellen Sampson, attorney representing the applicant, from the law firm of Leonard, Street and Deinard, 150 Sou Fifth Street, Minneapolis, summarized her letter of June 30, 1989, distrib ted to the Committee. She detailed the work history at the site and said th t the controversy centers on whether or not the original sign permit had exp red. Ms. Sampson questioned the rationale of staff report finding 10 regarding the issuance of new and renewal permits and the necessary completion date for of March 1, 1989 for the applicant's sign. She requested tha the Committee overturn the administrative order that revoked th sign and "put the permit back into place." 3 ; Scott Washburn, 1886 Todd Drive, Ard n Hills, said that he is a licensed � builder, but is an "underfinanced en repreneur." He stated that � Schmieg-Washburn did get some leases set out to find financing, but that they were unsuccessful in so doing; the c nclusion was that "we had to basically make the money on our own to put the signs up." Mr. Washburn said that because of underfinancing, the origi 1 permit was not "acted upon." He stated that a second permit was proc red, the sign foundation constructed, and � that "in order to save some money," is partner purchased raw materials and started production of a sign. Mr. W shburn said that on February 15, 1989 he spoke with a city inspector regardin progress on the sign and said that at that time he had no indication of th March 1 deadline. Mr. Neid asked how many billboard si ns the Schmieg-Washburn firm has at : present. Mr. Washburn responded tha this is their first; said that they are licensed builders in the city and th t they have "numerous sign builds" for ; other companies. Mr. Neid asked the applicant from whom the sign was ordered, also promised date of delivery. Mr. Washburn explained the procedure for building a sign; said that materials were purchased in February from American Steel, and that delivery was 10 days to 14 weeks after the purchase date. Mr. Christenson asked staf£ for clar fication of the permit process. File #10493 Page Two Ms. Lane replied that had visible cons ruction continued on the sign, the renewal permit would not have been nee d because applicants need to do work on construction every 180 days. Mr. Christenson asked the applicant if he applied for a renewal permit because work had been abandoned for 180 days d the original permit had expired. Mr. Washburn disagreed and cited instances which occurred after the city inspector examined the pro�ect. Mr. Christenso asked why the applicant had applied for a renewal permit. Ms. Sampson stated that this was her conclusion after reviewing the applicant's information and upon questioning Mr. Washburn, she was informed his understanding was th t a permit had to be renewed annually similar to the city's license renewal requirements. Ms. Lane stated that there is no ann 1 perait for any kind of a sign or a billboard. She added that when a si coapany becomes newly licensed in the city, a copy of the sign ordinance is given to them and the company is advised that any questions regarding the ord ance can be directed to their office. Mr. Christenson said that the Comnit ee's determination should be whether the project was abandoned for 180 days; d vhether the zoning administrator's determination is correct, that beca e there was an abandonment for 180 days, a new permit would have to be issued this being impossible because the zoning code had changed. Ms. Lane agreed. Ms. Tracy asked the applicant to re ew the process used to appiy for a license or permit. Mr. Washburn st ed that he wanted "to make sure all his bases were covered" in order to suc essfully execute plans for the sign. He said that he applied for a renewal f his soon-to-be expired permit, was given the permit, paid a fee of $50, and lanned to start immediately on the sign. . Mr. Christenson asked for the appli ant's tiaeline for the sign construction. ; Mr. Washburn reviewed the on-site d off-site work. Mr. Christenson asked if , there is evidence of the last date at on-site work was accomplished. Mr. : Washburn referred to checks dated Septeaber, said that he saw the owner of the property in early February whe a bolt vas installed in the structure and also repairs made to the safety fe ce. Ms. Tracy asked if, after the init al per=it was procured, there was a year and one-half during which nothing as done due to financial problems. Mr. Washburn agreed. Mr. Neid asked the applicant if t last time he was on the site was in August when concrete was poured and when the inspector visited the site. Mr. Washburn agreed and said that Don schid.a vas on-site August 30 after which additional concrete was poured. . McGuire stated that there is a notation on the reverse side of the permit advising of an on-site visit by Mr. Tschida . on September 1, 1988. Ms. Lane a ded that typically if an inspector is making a footing inspection, it is becau e he has been called by the applicant. Sue Hauwiller, 1743 Stillwater A nue, testified that the area was already "over-signed," that the sign wou be a detriment to the neighborhood and pose a potential traffic safety hazar . File �10493 Page Three Ray Sammons, District 2 Community Coun 1 community organizer, 2169 Stillwater Avenue, said that the District 2 Board ecommends denial and read into the record T. M. Moreland's letter recomme ding denial. Ruth McGrew, 1752 Stillwater Avenue, s ated that the intersection of East Seventh and White Bear Avenue is a vis lly cluttered corner and asked about the procedure for notification of prop rty owners. Mr. McGuire explained the process. There being no further testimony, Ms, orton closed the public hearing. Mr. Neid moved to recommend denial ba ed on staff report findings and insufficient documentation that on-si e construction was performed between September 14, 1988 and April 16, 1989 Ms. Tracy seconded the motion which passed on a roll call vote of 5-0. - Submitted by: Approved by: Charles L. McGuire Gladys Morton, Chairman , 20NI�G ITTBB STAFF REPORT FILE #10493 1. APPLICANT: Schmieg-Washburn Ind ries� Inc. DATE OF HEARING: 07-06-89 2. CLASSIFICATION: Appeal to an adm istrative order revoking a Sign Permit/sign variance. 3. LOCATION: 862 White Bear Avenue east side between Stillwater 6 E. Seventh) 4. PLANNING DISTRICT: TGIO 5. LEGAL DESCRIPTION: Part of Lots 3 - 15; Block 7; Hazel Park Addition 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: Section 66.408. (a) , 7. STAFF INVESTIGATION AND REPORT: DATE: June 21, 1989 BY: Charles L. McGuire A. PURPOSE: To consider an appeal o an administrative order revoking a sign permit. B. PARCEL SIZE: The flag shaped pro erty on which the sign framework is situated has frontages of 16 feet on Still ater Avenue, approximately 100 feet east of White Bear Avenue, and 74.3 feet n White Bear Avenue, 74.3 feet south of Stillwater Avenue. C. EXISTING LAND USE: Most of the s te is occupied by the Camel Club, a private non-alcoholic club. ' D. SURROUNDING LAND USE: i 1 ' North: Commercial uses; Zoned B 2 East: Residential uses; Zoned -4 ' South: Co�ercial uses; Zoned B 2 West: Co�ercial uses; Zoned B 2 E. ZONING CODE CITATION: Section 6 .408.(a) of the Legislative Code states in part that "Any person affected by the cision of the zoning administrator dealing with the provisions of this chap r may appeal this decision to the planning commission. . ." ' F. STAFF FINDINGS: 1. Permit #032406 was issued to etro Outdoor Advertising for the erection of a � billboard at this location on April 22, 1987. : 2. A second permit, #051630, all wing construction of a sign at this site was issued on March 1, 1988. Si e the April 22, 1987, permit had expired, this was a new permit, and a full ee was charged. /� ,/% i n J i � � ✓/ ✓ l� l File N10493 Page 1�vo 3. New sign regulations became effect ve March 15, 1988. Under these regulations� the proposed billboar if constructed would not conform to the minimum spacing requirement for ad ertising signs in the B-2 zoning district under the provisions of Section 66 214. (b) Table 1. The required spacing for advertising signs along White ear Avenue is 660 feet between signs under the provisions of the revise zoning code, 4. An inspection of a footing for a s gn on the site on September 1, 1988 is noted in the inspection report for the second permit. (#051630) 5. On February 28, 1989, a renewal o the permit was issued by the Building Inspection and Design Division. DD states that this permit was issued in error, since no permits or renewa of permits are issued for a sign that does not conform to the ordinance. 6. On April 18, 1989, Senior Buildin Inspector Richard A. Thompson informed Schmieg-Washburn by letter that p rmit #073398, issued on February 28, 1989 was null and void, since the prev ous permit had in fact expired. 7. The appellant contends that the " ermit was appropriately applied for and granted. Work was commenced with n 180 days as required by Subd. 4 of Sec 33.04, of (the) Saint Paul Legisl tive code. Work was not abandoned or suspended therefore (the) permit id not expire." 8. The appellant further states that ". . .a renewal was applied for within 180 days of commencement of work as r quired by above section of legislative code." 9. The stated policy of the Zoning A inistrator's office is that when a provision of the legislative code for signs is amended in a manner which nakes a sign nonconforaing, and a sign is under construction, the sign may be coapleted, provided this is ac omplished within the time limits of the permit which is in force, at the ime the code amendment occurs. 10. No new permits may be issued for sign which does not conform to the code, and no renewal permits may be iss ed to complete a nonconforming sign which is under construction. To quali for nonconforming status, the sign in question should have been comple d by March 1, 1989, at the latest. 11. Two other advertising signs are ithin 660 lineal feet of the erected sign framework, on the same side of t e street. The standard in effect at the time the original permit was iss ed allowed a separation of 100 feet for advertising signs in this zoning district. G. STAFF RECOMMENDATION: On the basis f the above suggested findings, the staff recommends denial of the appeal. Fr m the time the initial permit was granted for this sign, nearly two years elap ed. The second sign permit was issued properly as a new permit. If the si n had been completed within the time allowed under the original permit, i would have legal nonconforming status. LIST OF ATTACHMENTS (FILE #10493) Page Application for Appeal 1 Application for Zoning Ordinance Vari nce 2 General Building Permits 3-5 Correspondence 6-7 Location Maps 8-9 Land Use Map 10 � � � , �� j v /� f <, c! j a , APPLICATION FOR APPEAL ZONIMG OFFICE USE ONL1f CITY OF SAINT PAUL Fi le � ���? -/ ) Application Fee S l�a� Tentative Hearing Date 7'6�� / Application is hereby made for an Appeal to the P14�.��� Cc,�M�ss,r� under the provisions of Chapter 64, Section , aragraph o t e oning ode to appeal a decision made by the Board �ng Appeals Planni g Commission on , 19_- � Zoning Administrator (date of decision) Planni g Administrator Other S�h�, ; A. APPELLANT �9 ��a � �r3 i�.3 Name 5�!'� �r� « , Daytime phone Address a.qqq f -lon va— Zip Code Ss- fr r7 ��� 1( �0.nac��+ 1 ,U B. DECISION BEING APPEALED Zoning file name Zoning File � Property Address/Location Sb2, ��-� ea� S-F po.�Q N , Legal description c a, r^��-� ' C. GROUNDS FOR APPEAL (Use additional shee s if necessary.) (txplain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative of icial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or he Planning Comnission.) �..� r r c f' Q n a. /` � �k- " lJ���1 r - +�- �S o 3 3 v � � O r n o�r �k3..�,�-� Q'�t, �r . �.�r� a�-► n P C.e.a.� c.t� t` c.�t � O c� S ad. CO in..,.�H..,Q v�.�+���.c o�k„�l s /'c�u��rc+0.. 1o.cO �6 d..v,s� s C'c.�-�wv "y ���.� 1��4-c..@, CQ�, , If ou have any questions, please contact. '�`�'�� y Applicant's sig re St. Paul Zoning Office 1100 City Hall Annex 25 West Fourth Street S��-3��' 9 Saint Paul , Minnesota 55102 Date City agent (298-4154) 9I82 /� i �!�- ,� � . �~� ' - �; .' . _. ` ' ZONiNG �O RD �f � �D��3 � APP ICATION FOR 20NING ORDINANCE VARIANCE � CITY OF SAINT PAUI 0 l 8 8 5 5 i I A VARIANCE OF ONING CODE CHAPTER�,SECTION PARAGRAPH + IS REQUESTED 1 CONFORMITY WITN THE POWERS VESTED IN THE BOARD OF ZONING AP— ; PEALS TO PERMI TME � d+�'�����'1 o n o,� �. B��\C3 o u� �✓ ON PROPERTY �� --OESCRIBED BEL . � „y � � A. Applipnt; AME: �� �� Z" � DORESS �` 9"�1 �or�' � 07 �I!!�/ IL,(`f�r��.., , /t/� � • AYTIME TELEPHONE NO. G�� ��3 �3a 3 21P CODE S-S�� 1. Property interest of sppliqnt: (owner,contrsct purcheser,etc.l ' 1c s�e.. � Q Name of wner lif different) DK�e� kEfleousK� i� 8. Property iptio�: ADDRESS S« '�'�������" �•^'.� 1t��`a.�.� ' 1. Leqtl ription: LOT BIOCK ADD. � 1 2. Lot size: ' � p►esent ar r IL� Prcsent 2ot�ing Dist C. Reasont for quest: i ' 1. Pro use �:�.,C����'hJ S�t£.f.� � � 2. What ph sical chsracteristics of the praperty prevent its being�ued for any of the permitted uses , in your 7 (topopraphY.zoil�tian,aze�d:hspe of bt.stc.) � 3 � , f r1 �1 G i 7. . i 3. State tP�cific wriation►equestsd.Yivinp dtances when apprcpriate. . � _ � . V o�� �r.w �'� ,1�m�•n5 M..,ci.,.�v�1..s....1�' � 4. Explain yow eae canfams to Meh of the fdlowinp: a. That •strict appl'uxtio�of the provisions of the Zo�ing Ordisna would rcwlt in peculiu � � or e iornl praetical difficulties.or�xaptional undua hardships. (�.�lM w a4uM1� C�fJ�k�y �•AL �t CY/J\��VhJ f J 4 w�'r C{� � �..a�_ � cc..,�4,.,_a�._.,� �.. :.-.:.� �,���� �v ctin,,�c �n e� �. ' � n�.�P .�{ �4 i M.f- �.r..-�jt+�f.► S f.�v u a C C o r 4�n�.. �v+.r i�C;,�^. �.? � t, ,_�. 1 CASHIERS USE ONLY b. That the prsMinp of a varian�will Q�J,�?f89ppp15�;3(� �.� 2 ' ? not a wbrtsntial detriment to � . � 4i3� V�'iIANCE *.?D.Df; publ pood or�substsntisl impair- � msn of ths intent and purpo�eof ���"_� *��'�� � ' the ninp0►dinsnce. CH�CE; T1+iF� .�1'jp.�) � � :t�.e ,.,.J �NGE *.�► t� ��:�., h, b�..-,� � . 1 .s �¢Y Y 1��u-•-w v.a.,c.. (-(a�•-�. � � .. � bL�� ��i.A .f...�.�.�{.e..i... a.�1.ao�l�is • 1 Va.� pt/ .M[`0... O � NOTE: THI W NOT P SSED WITHOUT A COMPLETE SITE PLAf�� � Signature ���v� `�j v.)\ _ � ' _ � � R�ceiwd _(7 � � ENERAL 6UILDING PERMI CITY OF SAINT PAUL OON � � �1NLDNi�i NISPECTION i DESIGN DMSION ( : 15 W.KELLOCiG BLVD. I . ST.P�AU,MNL55/02 � � w� / � ,t���� • � �� PKn1it No. PLAN NO. SCRI� ION OF�ROJECT OATE OWNER��iy�f,t!}._Lt/.��j�,(fhv �^K. / OWNERS ADDRESS��� �<t r��wJ ❑OLD TYPE OF ❑NEW TYPE NST. OCCUPANCY G ADING UCCO OR ❑ BUILD ❑A D EXC. ❑PLASTER ❑ORYWALL ❑FENCE ❑ AD�ITION ALTER ❑REPAIR ❑MOVE ❑WRECK NUMBER STREET SIDE CROSSSTREETS �v�� � aV �+�C -I� I �v � �lkc;� WARD LOT BLOCK AppiT10N 0/1 TRACT WI� M OEOTM SI E �OT CIEARANCE BUILDING L1NE LOT 3� J� IS FRONT REAR 7 STRUC- �DTM i.ENGTM MEIGHT fTOR1E5 TuaE . � � G ' ESTIMATEO V LUE S/1SEMENT TOTAL Ft,OpR AqEA ' `�l'Z �� ❑VES �NO SQ FT. (• ; OETAI(,.S S REMAqK : ����E� TEL Np. ARCMITECT CONTRACT011 � `,N � . AGOREBS 6 ZIPtS��� MASONRY [ _' 0 tERMIT FEE STATE VALUATION rLAN CMECK �� ��*I� Q,� 1 �MY� �.� STATE �.� 8URCMARGE �� � �r a�.� TOTAL FEE "'^'� �E.� I►PPLICANT CERTIFI THAT ALL IN� fORMATION IS COR ECT AND �FiAT - ALL PEl�TINENT STA E REGUTATipNS CASFIIEw uSE ONLY ANO CITY ORDINAN WILL BE COM- WNEN YALIDATED TMIS IS rOUR►ElpNIT PLIED WITH IN PERFO MING THE WpRK fOR WHICH THIS PERI IT tS ISSUED. X St.COde � �� I ' �-� i � ADDRFCc �VERAL BUILDING PERM _ - � -. -CITY OF SAINT PAUL � ------ ----- ; - (� _ ' R ^'` f , ' .. .'. _ :'`- � ''�� .- �-- . BUIIDlN�i �D�(iN DIVtS10N - � _ _ � . ._. ` :.� 15 W.KELLOOG VD. 445 CITY h1111L -- � I . •l ST. PAUL, MN 551 � � C �p ` � Permit No.�`� � ��i I �f Nt(,�/ /�L ',\. I PLAN NO. ION OF PqOJECT � DATE OWNER i OWNERS ADDR SS �I,S—].St A1�6 �TA. �4grs-, �. 5�1��� ( D OLD TYPE OF ��6�j f �J NEW TYP CONST. $.�gg�����} OCCUPANCY �� � �r GRADtNG STUCCO OR � ❑ BUILD AND EXC. ❑ PLASTER ❑DRYWALL ❑ FENCE IO ADDITION ❑ALTER ❑ REPAIR ❑ MOVE . ❑WRECK '' NUMBER STREET SIDE CROSS STREETS I i � i � A L L AODITION OR TRACT i 3 1 IOTH DEPTH SIDE LOT CLEARANCE BUILDING ��NE � FRONT REAR LOT � i � � WIDTH LENGTH HEIGHT STORIES '°-ST R U C- � TURE � � � ESTIMATE VALUE BASEMENT TOTAL FLOOR AREA � ' � YES ❑ NO SQ. FT.O(�f�Lt7D�ASEIVIENT � J�C: � DETAIL &RE RKS: " , ; i2 ; �'� `� . , � j --�e-�1,u ; C�..�,,uc y/�/�% i C�I U / C GE.�r!��=C�/ �� �Gl� G� / � � � �� � TEI.NO. i i IARCHITECT i � 315 lst Av. No . • CONTRACTOR ' 2SS& P MASONRY STATE �/ _ PERMIT FEE VALUATION PLAN CHECK i D3fQ1I88�a�8�J�i� r.�.�� f STATE 2B11 BUIL.�iING *1�.� SURCHARGE ���T� *f�•� „CRSI-I T11 �., *1�,00 TOTAL FEE ,C�GE_ -:� *.01? ��. � =� - _.-� APPLICANT E fFZES THAT'ALL IN- -- =a_:: FORMAtION IS CORRECT AN� THAT ' � ALL PERTINEN STATE REGULATIONS CASHIER USE ON�Y , . .-,AND CITY ORDI ANCES WILL BE COM- WHEN VALIDATED THIS IS YOUR PERMIT - P�IEDWITHIN P RFORMING THE WORK ;:,.,FOR WHICH THI PER IT IS ISSUEO. ,- :.` St. Code , ADDRESS � � OF JOB AUTHORI2ED SI NA E • � � �NERAI.�BU L[�II�IG�PERM �i- ��/i� � � . ' `�'C�'f�'O`Ft ' `I1�T�AUL � =.�-'; _ � � ''. DEP . .� . . `-�UILWI�i 1���`D�SION`DIV1810N .� '15'11V."KELLO(3(i BL-VD. . � . "445 CITY HALL I 'ST.�PAUI, MN 5510 '"" I � � 2 � O s � I�Qti��/� � Per it No. � CJVr�r�dJ i � P AN NO. ' •OESCRIP ION OF PROJECT ; DATE�^f� y�� OWNER � /L�Ivr�ic �jl�►/p.�'� ! � , ; OWNERS ADDRESS • � � 0„_,�� TYPE OF � i L�•iaEW TYPE CONST. OCCUPANCY i � GRADING S C OR � ❑ BUILD ❑AND EXC. ❑ PLAS R ❑DRYWALL ❑FENCE � ❑ ADDITION ❑ALTER ❑ R P IR MOVE ❑ WRECK NUMBER STREET SID CROSSSTREETS i ' �L z Lv .'7'�e �ea,�, e .S�'.�2'�.� -�it.b�y I WARD LOT BLOCK ADDITION OR TRACT � ;s"` 7 � ��►!� ; WIDTH OEPT SIDE LOT CLEARANCE BUILDING LINE � FRONT REAR ; LOT 7s� l! � � y,�'� �- I WIDTH LENG H HEIGHT STORIES , STRUG i TU R E 2 S"� /2 � 3 v • � � ESTIMATED VALUE BASEM NT TOTAL FL OR AREA ' t i � f ❑ vES NO SQ. F7. �NCIU�DE BASEMENT , DETAILS b ARKS: ' � q.NI .� �� /�sr� ` �--- ; 5r �` i I 8,�/� r,Jti- �-� � I � T E L. � I � ARCHITECT � I CONTRACTOR , �� � A RESS&21P I MASONiiY � �/� STA E PERMIT FEE VAL ATION .:�._:. ',l.t�^,i`r;C.,::F''- __`r=' PLAN CHECK --- �'-`Tj-t'}."''_ s•-�,.. . STATE -'!^ ?I!`;-_ �`i�`_,.__ SURCHARGE _ Ti; • i r ; ` -- +-. '.+�__,. � ' ''�i�..�'.::_... � TOTALFEE � "- � APPLtCANT C TIFIES THAT ALL IN- � FORMATION I CORRECT AND THAT ALL PERTINE STATE REGULATIONS CASHIER USE ONLV � AND CITY ORD ANCES WILL BE COM- WHEN VALIDATED THIS IS YOUR PERMIT PLIEDWITHIN P ORMING THE WORK FOR WHICH T P MIT SUED. � St. de ��_ ' x � ' AD R ESS ' � , � � l��� �A� . OF OB _ Al IT�J 017 CIl�NATI IRC . . . . . . .... .. . •�*•� � CITY OF SAINT P�qUI '� �= DEPARTMENT OF CUMMUNITY SERVICE$ s : � .� .: BUILDING INSPECTION AND DESIGN DIVISION � City Hall,Saint Paul,Minnesota 55W2 ..•. � 612-298-4212 GEORGE LATIMER ; MAYOR � April 24, 1989 Scott Washburn Schnieg-Washburn, Inc. 2887 Edgerton St. Paul, MN 55117 RE: Advertising sign at 862 White Bear Avenue � Dear Mr. Washburn: � As we informed you in our letter o April 18, 1989, building permit �073398 � for the zeferenced sign was issued in error. Althou h � g you applied for a renewal of permit #051630 on Fe ry 28, 1989, this permit could not be ' renewed because the referenced sig does not meet the present zoning code � requirements as amended effective rch 15, 1988. i � IWe understand the footing for the ferenced sign was installed on September 1, ! 1988 which was within the 180 day ime limit required by Section 33.04, subd. 4 � of the City Legislative Code. Howe er, this same section also requires the work on the pro�ect to be continued. If such work is suspended or abandoned foz a period of 180 days, the permit beco es void. So, on March 1, 1989. because no further work Was done since the foo ing, permit 1051630 became void. Since a renewal permit or a new pe it canaot be isaued for this 2ocatioa because it does not meet the pzesent spaci requirements, the referenced sign must be removed vithin thirty (30) daqs of his letter. You may apply to the Planning Co�i sion for a variance of the spacing require- ments. If the variance application and appropri$te fee is subIDitted �rith±n 30 days of this letter, we will withol further enforcenent action until the appeals process is complete. If anyone believes this decision is in error, they �ay appeal to the Planning Commission for an Administrative Re iew. If you have any questions regarding this matter, you may contact me at 298-4215. Si cerely. / . �� . .� � ��ohn Hardwick .:Zoning Technician � JH:krz i j cc. Wendy Lane Don Tschida � Charles McGuire Rich Thomps n � � � _ i ; r'' � c� � — v� �%� ,.,��*•..,.• CITY OF SAINT PAUL DEPARTMENT OF COMMUNITY SERVICES � � • � : BUILDING INSPECTION AND DESIGN DIVISION . �•.. City Hall,Saint Paui,Min�esota 55102 612-298�211 GEORGE LATIMER AMYOR April 18, 1989 Scott Washburn Schmieg - Washburn, Inc. 2887 Edgerton St. Paul, MN 55117 Re: 862 White Bear Avenue Dear Mr. Washburn: General Building Permit number 073398 was issued to you on February 28, 1989 as a "renewal" of a billboard permit or the referenced address. This permit was issued in error by this Division nd is null and void. The previous sign permit had expired nd the renewal request was, therefore, not automatically legal. In the inte im, the sign ordinances in St. Paul have been changed, and permission for your proposed billboard can no longer be ; granted. We regret this misunderstan ing. You may apply for a refund of your � permit fee. � In case you decide to seek a variance to the Sign Ordinance, I am enclosing � the proper forms. Please contact Joh Hardwick at 298-4212 should you have any questions regarding this procedur or the specific regulations. , i Sincerely,' e . � Richard A. 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Olson, City Clerk Room 386, City Hall Saint Paul, Minnesota 55102 Dear Mr. Olson: This letter is written to confirm the aring date for: Applicant: District 2 Community Council File Number: 10554 Purpose: Appeal the decision o the Planning Commission which allow a billboar sign. Legal Description of Property: 86 White Bear Avenue pa t of Lots 13-15, Block 7; --- Ha el Park Addition Previous Action: Planning Division Decisio : Approved (vote 9-3) 8-25-89 Zoning Committee Recommen ation: Denial (vote 5-0) 7-6-89 Board of Zoning Appeal: In order to allow time for the mailing f appropriate notices, please schedule the hearing date as soon as possible af er 10-12-89. Our preference would be 10-12-89. I will phone you within the next few da s for schedule confirmation. Sincerely, ���i�- /� -� Daniel K. Bayers � y � Zoning Section Q I\ ✓�v� �� . cc: file # 10554 �� cc: Mary Jean �7 f�_ ��l� � � ST. PAUI. ITY COUNCIL PUBI. IC HEARING NOTICE Z N I N G R�c�ivFn OCT 101�89 CITY CLERK T0: Property owners within 350' ; FIL E N 0. 10554 Representati ves of P1 anni ng Di str ct 2 pqGE PURPOSE Appeal from t e decision of the Planning Commission denying an ap eal of an administrative order revoking a sign permit LOCATION 862 White Bear venue (East side between Stillwater and E. Seventh) P E T I T IO N E R DISTRICT 2 COMM NITY COUNCIL H E A R IN G Thursday, Octobe i9, 1989 9:0o A.M. Citv Council Cha ers, 3rd Floor Citv Hall - Court House Q U E S TIO N S Zoning 228-3364 Chuck McGuire) Contact the Zonin Section of the Planning and Economic Development Depar ment, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesoia 55102 Legal Descriptio : On file � Notice sent 10/6/89 .►-s':_ ', .. - _ . . . • . •_:F�::",'��C`��