PUBLIC HEARING: Request for a Conditional Use Permit to Exceed Sign Size Restrictions on the Property Generally Located North of 161st Avenue NW and west of Variolite Street NW; Case of the Church of St. Katharine Drexel.

The City has received an application from the Church of St. Katharine Drexel requesting a conditional use permit (CUP) to exceed sign size restrictions for their parcel located north of 161st Avenue NW and west of Variolite Street NW (the "Subject Property").

The Subject Property is the site of the planned future campus for Saint Katharine Drexel, not their current location of operation. Since this is not a traditional real estate sign in the sense that it is marketed for sale, nor an institutional sign identifying such a use currently occurring on the Subject Property, Staff finds that processing a Conditional Use Permit ensures equitable enforcement of sign regulations for parcels located in the R-1 Residential District and removes any uncertainty on how this sign should be classified. Costs to process this application are very minimal, so a majority of the submitted escrow is anticipated to be refunded.

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union Herald, the City's official newsletter for public notices.

The request most closely resembles a temporary sign, specifically real estate or construction signs. Section 117-466 (Other Temporary Signs) states that one (1) real estate sign per street frontage is permitted in a residential district and shall not be larger than thirty-two (32) square feet. The parcel has frontage along both 161st Avenue NW and Variolite Street NW. As with all sign regulations in the City, the City has built in flexibility in its sign regulations through the use of the Conditional Use Permit (CUP) process. If the sign were to be considered a permanent sign based on existing definitions in city code, the proposed sign would still exceed the allowable amount without the issuance of a conditional use permit.

The proposed sign is one (1) unlit temporary real estate sign. The sign would be located at the southwest corner of the property near the intersection of 161st Avenue NW and Variolite Street NW.  The sign would replace an existing 'Future Home of' sign and would be located just east of the existing sign location.  The proposed sign is six (6) feet by nine (9) feet for a total of fifty-four (54) square feet. The sign would be removed once the anticipated use (religious institution) is constructed. The City does not have record of approving this previous sign.

The City has previously approved conditional use permit applications relating to requests to exceed square footage of signs. Staff feels this is a reasonable request given the forecasted future land use and that the issuance of a conditional use permit would remove any uncertainty that the sign is permitted under current city code based on existing definitions.

Alternatives

Option 1: Recommend City Council adopt Resolutions #15-06-142 and #15-06-143 approving a Conditional Use Permit for a fifty-four (54) square foot real estate sign.  The Subject Property has frontage along two (2) public roads and thus would be eligible for two (2) signs, each up to thirty-two (32) square feet in area.  The proposal is for a single sign totalling fifty-four (54) square feet, which is less than the allowable cumulative square footage based on road frontages.  Staff supports this option and would be also be supportive of amending City Code to eliminate the size limitations for real estate and construction signs if the Planning Commission so desired.

Option 2: Recommend that City Council deny the request.  The proposed signage appears reasonable in size and is less than what the total allowable square footage for signs is for the property based on the two (2) street frontages.  The proposed location of the sign is not within the vision clearance triangle nor within any easement.  Staff does not support this option.

All costs associated with reviewing the application are the responsibility of the Applicant.

Staff recommends approval of the request for a conditional use permit to exceed the square footage limitation for a real estate sign in a residential district.

Motion to recommend that City Council adopt Resolution #15-06-142 approving Findings of Fact #0946 and Resolution #15-06-143 relating to the Church of St. Katharine Drexel’s request for a conditional use permit to exceed sign size restrictions established in City Code.