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HomeMy WebLinkAbout2014 - Notice of Violations - signage & lighting Io CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 4 4. 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 4kESlIO��G Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us October 9, 2014 Brad Erickson Orono Station West LLC 2160 Wayzata Blvd. W Orono, MN 55356 RE: Notice of Violations — Signage & Lighting Standards 2120 Wayzata Blvd. W. — PID: 34-118-23-24-0001 2160 Wayzata Blvd. W. - PID: 03-117-23-24-0012 Please accept this letter as follow up to our meeting here at city hall on 9/18/14 regarding you business property and proposed improvements to the mall. Again as stated during the meeting, the proposed improvements will most certainly be an enhancement to building appearance and I applaud your efforts to complete this work. Our department stands ready to assist you in obtaining the necessary permits for the remodeling once the necessary plans are provided. The matter concerning the re-occupancy of a restaurant in the building is also a permitted conditional use according to the research I conducted and provided you with from past city approvals. Following this discussion, we also talked about on-going property violations regarding unpermitted signage for the property and a new complaint our office received regarding newly upgraded lighting not in conformity with the city's ordinance requirements. You informed me that the power company had recently been out to replace burned out lamps and adjusted the fixtures. The temporary signage on the property constitutes a violation of City Code Sections 78-1466 & 78-1468 (copies enclosed as requested) which regulates both temporary and permanent signage and the rules governing permit requirements. The light on the power pole constitutes a violation of City Code Sections: 78-1373, 78-1515, and 78-1573. Attached are photos which depict the violations as observed in the field. Please remove the temporary unapproved signs and work with your electric company to bring the lighting violation into compliance or have the fixture removed. Your cooperation will be greatly appreciated. Please don't hesitate to contact me if you have any questions. I can be reached at 952-249-4626 or at amack©ci.orono.mn.us. Sincerely, CITY OF ORONO Andrew Mack, AICP Community Development Director Encls. Excerpt from City of Orono Municipal Code DIVISION 4.-SIGNS Sec.78-1466.- Signs as accessory use. Signs are a permitted accessory use in all districts subject to the following regulations: (1) On right-of-way. Private signs are prohibited within the public right-of-way or easements,except that the council may grant a conditional use permit to locate signs and decorations on or within the right-of-way under their jurisdiction for a specified time not to exceed 90 days.No conditional use permit for such a sign shall be issued by the council if a conditional use permit or temporary sign permit had been issued in the previous 24 months to that property. (2)Flashing. Illuminated flashing signs shall not be permitted in any district. (3)Beams. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall not be permitted in any district. (4)Sales signs. For purpose of selling, renting or leasing property, a sign not in excess of ten square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than 15 feet from the right-of-way line unless flat against the structure. For the purpose of selling or promoting a residential project of six or more dwelling units, one sign not to exceed 48 square feet; a commercial area of three acres or more,or an industrial area of ten acres or more, one sign not to exceed 96 feet of advertising surface,may be erected upon the project site. Such sign shall not remain after 90 percent of the project is developed. (5)Existing signs. Signs existing on September 14, 1967, which do not conform to the regulations are a nonconforming use. (6) Traffic interference. No sign may be erected that, by reason of position, shape or color,would interfere in any way with the proper functioning or purpose of a traffic sign or signal. (7)Building wall signs. Signs shall not be painted directly on the outside wall of the building. Signs shall not be painted on a fence,rocks or similar structure or feature in any district. Paper and similar signs shall not be permanently attached directly to a building wall by an adhesive or similar means (temporary use of such signs is permitted per standards set forth in subsection(8)of this section). Signs shall be considered as a structure or fastened to another structure. (8) Temporary signs. a. There shall be no more than four temporary business signs issued per calendar year, and for a period of not more than ten days per time or of the duration of the event promoted by the sign message,whichever is less. The sign(including banners or balloons), sign supports or portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed 32 square feet per surface(64 square feet total signage allowed for two-sided portable sign). Advertising balloons are not subject to area restrictions but must meet all applicable federal and state standards. b. There shall be no more than one temporary sign in any required yard area, and, if separate multiple signs are proposed,the total area of the signs shall not exceed 32 square feet. Temporary business signs require a building permit from the city.No such permit shall be issued by the city if a conditional use permit under section 78-1467(1)c has been issued to a residential property.No temporary sign shall be allowed in residential zones unless permitted as election or sale signs under this section. Multitenant buildings shall be considered as a single property for purposes of subsection(8)of this section; and the use of the single temporary business sign by tenants on the property shall be the responsibility of the property owner or designated manager,who shall endorse in writing all applications for sign permits. c. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location,maintenance and removal of the sign. All temporary signs shall be located Excerpt from City of Orono Municipal Code Sec. 78-1373. - Gas stations. Motor fuel stations in all districts shall be subject to the following performance standards: (1)Fencing. A fence, wall or landscaping of acceptable design not over six feet or less than five feet in height shall be constructed along the property line when the use abuts property residentially used or in an R district, and the fence shall be adequately maintained. Application of this provision shall not require a fence within the required front yard or within 15 feet of any street right-of-way line. (2)Surfacing. The entire site other than that taken up by a structure or planting shall be surfaced with a material to control dust and drainage. (3)Drainage. A drainage system subject to approval of the city engineer shall be installed. (4) Curbs. A box curb not less than six inches above grade shall separate the public right-of- way from the motor vehicle service areas, except at approved entrances and exits. (5)Lighting. The lighting shall be accomplished in such a way as to have no objectionable direct source of light visible from the public right-of-way or adjacent land in residential use. (6)Pumps. Pump islands shall be installed and conform to yard requirements. (7)Driveways. No driveway at a property line shall be less than 30 feet from the intersection of two street right-of-way lines. (8)Signs. Each motor fuel station may have one pedestal-type sign not in excess of 48 square feet nor more than 22 feet in height, erected within any yard; except that no part of the sign shall be less than six feet from a property line. No part of the sign surface shall be less than 16 feet vertical distance from the grade of the nearest driveway or parking areas. (9)Sales prohibited. No sales of motor vehicles shall be permitted except as an integral part of a new car agency. (10)Number limited. Two stations only will be permitted at the same intersection. Two such stations shall be permitted within each district without council approval. (Code 1984, §10.61(18)) Excerpt from City of Orono Municipal Code Sec. 78-1515. - Design and maintenance of parking areas. (a)Access. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. This driveway access shall not exceed 30 feet in width at the public walk centerline and shall be so located as to cause the least interference with traffic movement. All off-street parking spaces shall have access off driveways and not directly off a public street. (b)Fractional spaces. When the determining of the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. (c)Signs. Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs otherwise permitted. (d)Surfacing. All of the area intended to be utilized for parking space and driveways for four or more vehicles shall be surfaced with material to control dust and drainage. (e)Lighting. If lighting is provided, it shall be accomplished in such a manner as to have no direct source of light visible from the public right-of-way or adjacent land. (f) Curbing. All open off-street parking areas designed to have head-in parking along any lot line shall provide a tire bumper or curb of adequate height and properly located to ensure that no part of any car will project beyond the required setbacks. (Code 1984, § 10.61(9)) Excerpt from City of Orono Municipal Code Sec. 78-1573. - Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets. (Code 1984, §10.60(8)) Ail , ,, , -1,..'11h ^, ,a,' Y 9t 4 ,brq `�3Caa 4 'fg$ a�t rpm "r'. 11 .Ja 7,./ I0p LN fix, 1 lal it . 0 Ii'It.X' '..A.A.k-'-' .41 I 1 al$i 141;;I 1, I .. ' ,` a / _. , • ,,. , .4.7„. _ ... %-r.,,-, / / . . . _ ..ii. , .. ., , .._ - .// i �[,J / / . , . ,. s . ss' .,i,,,, ,..„, A1' ....,.., ,_: i 0 ---0004.411511141/16! , 121V ;lb. v,, / Ai' , 41.111, r' ' rF • • • 4 • • • . • • 1f , .../0 i -. �; ~y / .-�- • I i f m7•'21111.11.01111111M11111111 ... Orems., ' 1,►s. 1114,40. •- 2 y." O a ,. • t :,; .fes.,'' ..J , • .•t wp„ j. _ • ai.. 1 3 • ars... .' f _. 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Contact Us Site Map Newsletter Unsubscribe Privacy Notice Home http://mnwind.us/mnwindzencart/ 7/23/2014 Andrew Mack From: Andrew Mack Sent: Tuesday, September 16, 2014 4:41 PM To: 'brad erickson' Subject: RE: 2160 W Wayzata Blvd Sent the meeting invite for 3 p.m. Please confirm receipt. Thanks. 4.0,-,� Andrew Mack, AICP lc Community Development Director Direct 952.249.4626 J amack _'% (cilci.orono.mn.us www.ci.orono.mn.us From: brad erickson [mailto:ericksonbrad@yahoo.com] Sent: Tuesday, September 16, 2014 2:18 PM To: Andrew Mack Subject: 2160 W Wayzata Blvd Andrew, just following up on a v-mail message I left yesterday. The architect is able to meet with us Thursday anytime after 3:00 P.M. Please let me know what time works best for you and I will confirm with him. Thank you, Brad. 612-490-2371 1 Andrew Mack From: brad erickson [ericksonbrad@yahoo.com] Sent: Monday, September 08, 2014 1:54 PM To: Andrew Mack Subject: 2120 W Wayzata Blvd Andrew, thank you for your time and patience with our issues down here. I sincerely appreciate it. As you know this is a unique property, and will take unique ideas to move forward in a synergistic manner. What I am getting at is, does the city know about "Pay as You Go" TIF? This is a different type of TIF than was used at Orono Woods. There is no cost to the city and would allow us to scrape 2120 and put something new in as discussed. Maybe we could talk more about this, as the further we get the harder it will be to change course. I welcome your thoughts. Thank you in advance, Brad 612-490-2371 1 Andrew Mack From: Andrew Mack Sent: Tuesday, September 16, 2014 3:05 PM To: brad erickson Subject: Re: 2160 W Wayzata Blvd Brad, 3 pm works for my schedule. I will confirm with Lyle and reserve a meeting room at City Hall. Andrew Sent from my Verizon Wireless 4G LTE DROID brad erickson<ericksonbrad(a�yahoo.com> wrote: Andrew, just following up on a v-mail message I left yesterday. The architect is able to meet with us Thursday anytime after 3:00 P.M. Please let me know what time works best for you and I will confirm with him. Thank you, Brad. 612-490-2371 1