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HomeMy WebLinkAbout5A. Res 2012-049 Deny Matejcek Billboard Credit AppealFa °rfibault 5A. Request for Council Action TO: Mayor and City Council THROUGH: Charles S. Whiting, City Administrator THROUGH: Peter Waldock, Comm. Development Director FROM: Greg Kruschke, Planning Coordinator MEETING DATE: March 27, 2012 SUBJECT: Resolution 2012 -049 Denying Matejcek Billboard Credit Appeal Background: Paul Matejcek, an appeal of a staff determination that the he does not possess a billboard credit for the old Happy Chef / Select Inn signs on the south side of the Matejcek Implement property. Staff has repeatedly informed the applicant that he does not have a billboard credit as these signs have never been recognized as billboards on the City's inventory maps. The applicant has paid for an outdoor advertising permit from MnDOT for years, which the City acknowledges. State Statute, through the Highway Beatification Act of 1965 require a permit for all advertising devices advertising off site activities. They do not distinguish between a billboard and another sign, such as business identification signs on Mr. Matejcek's property. Through all of the archived property records these signs have been treated as standard freestanding signs, not billboards. Permits have been issued to change the signs faces on these signs as is required with freestanding business identification signs. Billboards change copy without permits. DOT records from 1997 that were included in the file show these signs as permitted. A decision was made at that time that these were not billboards as they were not placed on the inventory map. They have not been since that time. Discussion Points: • MnDOT permits a number of non - billboard signs through this statute • The City has stated they have no interest in increasing the number of billboard credits available • The applicant owned a credit from the billboard removed at Therapywerks and was recently constructed on Hwy 60 W and Canby Avenue on the applicant's property. Planning Commission: The Planning Commission, on the 20th day of March, 2012, following proper notice, held a public hearing on this request. Paul Matejcek was present to provide additional information and answer any questions. The applicant stated the following: 1) These signs were the first billboards in this area; 2) The billboard permits have been maintained through the DOT; 3) The applicant shared a portrait from 1982 showing the signs; 4) A billboard permit is not needed from the state if you are advertising your own business; 5) He did not appeal this billboard credit earlier because they did not know that his signs were not included in the City's billboard inventory; 6) Other statements in the Staff Report are not relevant to this case. The Planning Commission discussed the request and discussed the following: 1) Asked for clarification on what is used to determine a billboard; 2) This determination was made using a DOT list from 1997 and the inventory map from 1997 that was used in the 1997 billboard code update and the implementation of the credit system; 3) The DOT requires permits for all off site signs, not just billboards; 4) Billboards tend to change frequently; 5) Construction materials do not lead to a determination of what is a billboard and what is not. The Planning Commission voted to recommend denial of the appeal regarding a billboard credit unanimously. (4 -0) Recommendation: Take action on Resolution 2012 -049 Denying an appeal for a billboard credit by Paul Matejcek. Passage of this resolution requires a 4 /7ths- majority vote of the full City Council. Attachments: Resolution 2012 -049 Staff Report /Attachments CITY OF FARIBAULT RESOLUTION 2012 -049 DENYING AN APPEAL OF A STAFF DETERMINATION REGARDING A BILLBOARD CREDIT (Matejcek) WHEREAS, Paul Matejcek, owner of the following described property, to wit: Attached as Exhibit A has submitted an appeal to a staff determination that he is not eligible for a billboard credit for signs located at 3040 Highway 60 W; and WHEREAS, City staff has completed a review of the appeal request and made a report pertaining to said request (APP- 05 -12), a copy of which has been presented to the City Council; and WHEREAS, the Planning Commission, on the 20th day of March, 2012, following proper notice, held a public hearing regarding the request, and following said public hearing, adopted a recommendation that the appeal be denied; and WHEREAS, the City Council, on the 27th day of March, 2012, following proper notice, held a public hearing to consider the appeal and all interested persons were provided with an opportunity to comment. WHEREAS, based upon said report, hearing, and recommendation, the City Council hereby finds that denying the appeal would be appropriate based on the following findings: 1. MnDOT issues permits for outdoor advertising signs that are off premise which does not constitute that the sign be considered as a billboard. 2. The sign in question has never been recognized as a billboard by the City of Faribault. 3. The City had knowledge of this sign when the inventory map was created in 1997 and it was intentionally not included as a billboard at that time. Resolution 2012 -049 Page 2 4. The City does not require sign permits when billboards change copy but do require permits when freestanding signs change copy. NOW, THEREFORE, THE CITY COUNCIL RESOLVES: Section 1. An appeal of the staff determination regarding a billboard credit located at 3040 Hwy 60 W is hereby denied. This resolution shall become effective immediately upon its passage and without publication. Adopted this 27th day of March, 2012. ATTEST: Faribault City Council John R. Jasinski Mayor Charles S. Whiting, City Administrator EXHIBIT A Part of the Southwest Quarter ofthef Nortest in described ofwnship 110 North, Range 21 iVes Faribault, Rice County, Minnesota, described as follows: Beginning at the West Southwest corner of said Southwest Quarter of Northeast Quarter; thence northerly, along the West line of said Southwest Quarter of Northeast Q uarter (for purposes of this description bearings are assumed and based on said West line of Southwest Quarter of Northeast Quarter ofl�the2paroel totbe distance of 706.20 feet to the true p g herein described; thence North hetnce3northwesterly9andlnortheasterly ,Nalong a 2 012128" West, 291.49 feet; delta angle curve, concave easterly (curve data: radius = 60.00 feet; 146 137159 "; chord bearing and distance = North 14 028133" East, 114.95 feet), an arc distance of 153.55 feet; thence North 2 012128" West, about 40 feets the water's edge of C to annon River; thence northwesterly, along said edge of Cannon River to a point• in said West line of Southwest Quarter of Northeast Quarter, North 0 °29'40" West from said true point of beginning; thence South 0 °29140" East, along said West line, about 520 feet to said true point of beginning; containing about 3.2 acres. Al Part': of the Southwest Quarter of the Northeast Quarter of Section 35, Township 110 North, Range 21 West of the Fifth Principal Meridian, in the city of Faribault, Rice County, Minnesota, described as follows: ____ Commencing at_ t_?e Southwest .corner of said SouthwestQarter of Northeast Quarter; thence northerly along the West line of said Southwest Quarter of Northeast Quarter (for purposes. of this description bearings are assumed and based on said West line being North 0 029140" West), a distance of 6.55. feet to a point in the northwesterly right of way line of Minnesota Trunk Highway 60; thence North 60 007146" East, along said highway right of way line, 923.24 feet to a point in the westerly right-of way line of Interstate Highway 35; thence North 2 012128" West, along said westerly right of way line, 562.71 feet to the point of beginning of the parcel to be herein described; thence South 2 012128" East, along said westerly right of way line, 423.89 feet; thence South 87 049123" West, 438.01 feet to a point in the East line of 30th Avenue West; thence North 2 012128" West, along said East line, 122.89 feet; thence northeasterly and northwesterly along said easterly line of 30th Avenue West, on a non - tangential curve, concave westerly (curve data: delta angle = 146 037159 "; radius = 60.00 feet; chord bearing and distance - North 18 053129" West, 114.95 feet), an arc distance of 153.55 feet; thence North 2 012128° West, about 329 feet to the water's edge of the Cannon River; thence easterly, along said water's edge to a point in a line bearing North 6 019123" East from said point of beginning; thence South 6 019123" West, about 56 feet to said point of beginning; subject to an easement for the construction, maintenance and repair of advertising sign structures located on the following described parcel: Beginning at the Southeast corner of the above described parcel; thence North 2 012128" West, along the East line of said above described parcel, 40.00 feet; thence South 87 049123" West, 80.00 feet; thence South 2 012128" East, 40.00 feet to a point in the South line of said above described parcel; thence North 87 049123" East, along said South line, 80.00 feet to said point of beginning; subject also to an easement for access to the above described easement parcel being a strip of land 12.00 feet in width, 6.00 feet on both sides of the following. described center line: Commencing at the Southeast corner of the first above described parcel; thence North 2 012128" West, 40.00 feet; thence South 87 049123" West, 74.00 feet to the point of beginning of the easement center line to be herein described; thence North 2 012128" West, 115.35 feet; thence South 87 049123" West, 339.66 feet to a point in the easterly line of said 30th Avenue West and there terminating; the side line of said easement shall lengthen and /or shorten at the point of beginning, the point of termination and at each change in course as needed to form a continuous strip of said width across the first above described parcel. The above described parcel contains 5.3 acres, more or less. A2 CityOf Fariblault PLANNING AND ZONING MEETING DATE: March 20, 2012 TO: Planning Commission FROM: Greg Kruschke, Planning Coordinator SUBJECT: Matejcek Billboard Credit Appeal ATTACHMENTS: Paul's Email & Information Previous Photos Old Sign Permits Pictometry Photos 1997 Sign Inventory Current Billboard Inventory State Statute SUMMARY OF REQUEST: Paul Matejcek, an appeal of a staff determination that the he does not possess a billboard credit for the old Happy Chef / Select Inn signs on the south side of the Matejcek Implement property. Staff has repeatedly informed the applicant that he does not have a billboard credit as these signs have never been recognized on an inventory. The applicant has paid for an outdoor advertising permit from MnDOT for years, which the City acknowledges. State Statute, through the Highway Beatification Act of 1965 require a permit for all advertising devices advertising off site activities. They do not distinguish between a billboard and another sign. Though all of the archived property records these signs have been treated as standard freestanding signs, not billboards. Permits have been issued to change the signs faces on these signs as is required with freestanding signs. Billboards change copy without permits. DOT records from 1997 that were included in the file show these signs as permitted. A decision was made at that time that these were not billboards as they were not placed on the inventory map. They have not been since that time. DISCUSSION POINTS: MnDOT permits a number of non - billboard signs through this statute The City has stated they have no interest in increasing the number of billboard credits available The applicant owned a credit from the billboard removed at Therapywerks and was recently constructed on Hwy 60 W and Canby Avenue on the applicant's property. DEVELOPMENT REVIEW COMMITTEE: The following are the comments from the February 28, 2012 meeting: • The Council has intentionally phased out billboards from the city's core areas. • This is not an oversight as stated in Mr. Matejcek's email, as these signs were intentionally omitted from the billboard inventory because they are not billboards. • The applicant owned a credit from the billboard removed at Therapywerks and has recently used that credit for a billboard on property he owns at Highway 60 W and Canby Avenue. • Two other billboard credits, not owned by Mr. Matejcek, have expired and are gone. • Prior to these two credits expiring, the billboard companies tried unsuccessfully to find new locations for them. • Billboards must be located on commercial- or industrial -zoned land. • MnDOT permits a number of non - billboard signs through their permitting process, and nowhere on the permit does it refer to these signs as billboards. • This appeal will require a public hearing at the Planning Commission and City Council levels. • There are no application fees for these types of appeals, even though publication and mailing costs are incurred. • Identifying these signs as billboards could create a slippery slope for every other freestanding sign in the community to be called a billboard. • The City Code specifically defines signs and billboards. • The applicant should have appealed the City Council's determination on this sign when it created the Billboard Inventory in 1997. • This subject property is already in noncompliance with sign regulations because of the number of freestanding signs it contains. • The signs on this property have been in place for over ten years. • The excessive sign issues have never been addressed with the property owner, including during site plan reviews and a cul -de -sac vacation that have occurred over the last several years. • Staff will review the property file to determine which signs were permitted to be installed and will send the property's sign history to DRC. Enforcement actions, if necessary, will be discussed at a future DRC meeting. The Committee recommends denying the applicant's appeal. RECOMMENDATION: Staff recommends denial of the appeal from Paul Matejcek regarding a billboard credit. N Matejcek Billboard Appeal A GIS Map by the Cfty of Fanbault Planning & Zoning Department e 0L.6 f L r� cc �f • ' M , ` 1 k lu,a Mate jcek Implement z AG IS Map by the City of Department Planning &Zoning Department Page 1 of 1 Greg Kruschke From: paul matejcek [paul @matejcek.com] Sent: Thursday, February 23, 2012 4:43 PM To: Greg Kruschke Cc: Chuck Whiting; ED MATEJCEK; Blake Matejcek Subject: City counsil Attachments: example of permits paid.pdf Greg Kruschke This document is intended to correct the oversight of "non inclusion "relating to the billboard on the intersection of Interstate 35 and Highway 60. During a "past" inventory of billboards conducted by The City of Faribault this was location was overlooked. I have been in contact with Greg Kruschke he suggested presenting this to counsel to correct the oversight and include this location in the billboard inventory. This location has been recognized by the State of Minnesota as freeway billboard since early 1980. There has been fees paid to the MN DOT for over 40 years. The Billboard MN DOT location number is 4532. Please set a time for me to appear at the council. Paul Matejcek Paul @matejcek.com Matejcek Implement Company 3040 Hwy 60 West, Faribault MN 55021 507 - 334 -2233 www.mate'cek.com 2/24/2012 0 000 Om m N L�L�. �t OD O r � Qr rn zm wc> d a It W H ~ QF- o 0 ' ¢ () Q :z c �- Q 1 W = w O Z O Z z Qo 0 J WN d� Q d' d uj m Z C,> ll� LO z co (D W o 04 omz Q�X Lij-� —Z z2x 5x n LL ()f O dZ >. CL o mQz a Z W W W W Y to ft O 21 r j F-- WO X W � �-OE Q z 0 -0 LIJ u, W Wzm w'LLz mDr Uo w cj�z Q 'z F- ro w 0fig � >W Z)L� :2- WZ m- w Do 4� 2 Z4j Im-2O TWO 0co a0 T w Q-Fw-O ma, cp W z F- J LL. Z N O w pU- U� m zwz rq Q ZO= - r O >- LL H U <oa mww O o z czr, r mom o� OD O Q —j -j � Qr rn zm wc> CL �r a .. W .. Q Z Q Z Dwdzd QF- o 0 ' ¢ () ZU20 =3 >-¢ :z c �- Q a r t = 0 U C/) Cl) o(D (D 0 E © q < o to a) 0. a 00 c Co Lo p 0 o Q W w LO OR RM 0 Z m O m E Z. l[7 � CL N 0 rLO `n it -5 ¢ `� a z Co N � O o co U w Z) Q z 0 O Q N Z O (fl Q U ~ 00 w cn Q m� 0_ U- 0 W W � UO w En :2 O:E J 'U a e r � 0 # 0) z O Wi Ol ¢i UI Z LL O gJ 2 (W- 11C - W Z� Q 0 z J W W () F- W W0 Q =O z wU) z> r4 iL J 00 13 0) 4co m Z `� jM in zz o _: O) � EI in MU 0 I- Z V w w Iw 2 jz w iC9 a � V W iZ I� F_ i0 z lz 1CD }} '!n a r'. w' F- Oi w' z ' J i o! W O! Q � z d w OF Toe Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155 -1899 Dear Outdoor Advertising Permit Holder: Enclosed are two copies of the annual advertising device renewal renewal invoices must be paid in full, signed and postmarked no white copy is for your records. You sign sign and return the 1 along with your payment to: Minnesota Department of Transportation Financial Operations Mail Stop 215 395 John Ireland Blvd. St. Paul, MN 55155 -1899 Mn/DOT is required to return your payment if: 1) the invoice is not signed. 2) the amount remitted is not correct. 3) The penalty amount is not included and your June 30, 2003. If the signed invoice and payment are not postmarked by June 3 permit amount will be assessed. If after 60 days Mn/DOT has not signed invoice, the advertising device is subject to removal at your Any questions regarding your permit renewal can directed to the the enclosed renewal invoice. Thank you in advance for your prompt payment and please include could improve the look of the invoices in the future. An equal opportunity employer ;e. All advertising permit than June 30, 2003. The is postmarked after Y " 2003, a penalty of 1/2 the -ceived full pay rent and the cpense. rict sign technician listed on i t any comments you have that 1-Y J Yl wl A • �r SELECT /NN a • CITY OF FARIBAULT, MINNESOTA NO." 295 Building & Safety Department SITE ADDRESS 4040 �✓ • -O Plat Parcel Advertiser �' C -t n Phone Sign Erector 444Aq d-, Address (Please Print or Type) Permit No. SIZE OF SIGN AREA Validation PERMIT FEES x r Sq. Ft. 'A AKq x — Sq. Ft. < `. / ( q 4 o GM Under 400 sq. ft....... $10.00 x Sq. Ft. ' 0 5� / C C"t' �N a, f 401 sq. ft. & Over .....$50.00 Total Area r Sq. Ft. 4P 0% /V.* e G'a �+ S •d%� " For Surfaces ®• S Fee Ap ' Sur-Charge r $732 Total Fee, Paid .� Application for Business ❑ Advertising ❑ Sign Erection ❑ Renewal ❑ Permit for a Wall ❑ Roof 0 Groun Projection ❑ Combination ❑ Revolving ❑ Temporary ❑ Directional ❑ Billboard type of sign to be erected in the City of Faribault, constructed of the following materials: _ Expires Setback from Property Unes Front ft. Side — ft. Rear ft. Height of Sign Above Grade ___ ft. Above Roof ft. Date Issued L g I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with the Faribault, Minnesota laws, regulating sign construction and placement. Ordi. nance No. A420. Signature of Applicant i � t [ o liJ W F- w zc ® (n J ct 0 c� • t� 0 1� r� � In r1 C� w (` do w � Lu v 4 a Q w z Ul N o® o w co a o RI� , s • R y ' I .41 4 i wy W J. ty '« ; • 1 '� a_. r.• � � 'y .F �'�Ff f y' I ly F (1 ! r ��• f w 'y' t � , i Copyright ©2009 Pictometry International Corp. \ 35 i _. 21 11 Lj 0 --•— city limits U Co -1 7^ C? 7 I ���r �4- Legend 165TH ST 1 ° current Billboards-06 F <all other values> n j Conforming I•• °••° p m No - Cons Wction Z off ONo - Seperation r t�bTMS O No - Zoning/L. —tion __norlisrw_- Yes N Q 0�G ' ST H a TH ST NV� ST F ..................... II S TH ST N� 1 o ➢c, � .b..m.. �..n •� I 71 Z W �\ j ''�• 1 p ALEXANDER VE a • t °t)TIi ST w .........j Of '•�..�• •........4. / j \ ST NW ! % 1 ➢c � m i oP • CIS R� : .._............ MT ..-..DR VIEW o � iIt Z e m \ �y w N E i-"-•7 a 1 atNSt to I U m > m 3 j m j 17 77TH ST NW of u P 1 H of _•� J J 131H TN W1 °a s t w -1 w _J m 1 /•' V.1 RSCHE RD ° 3 W X ST NW W n a e&'JO H a x rn UY, C TH T W Z JPO QP U y� S ST Z INE ST J_ > 2 E 1.•'• SS N ST T A N Will lunl� ofI ° S S S 1 V W Y n a J $ 3 D T W J to x r a � 2 w y a o rn m W - Of a4 G T W K •, u y F 10 �.7d, Lu W a 2 9T T DGERS RD t r sw ¢ y � o- a � Z rr 1 �o O u1 W 6 o W = rn 1 T S r o a � x ~ SPRIT GWOOD L O a 17TH ST SW SUNS IN 220TH ST E The open credits as of this dale are as follows: —i l•,_ „�.•�'' i Magic Media has 1 credit for the billboard that was removed by south of Heritage House (Expires March ° 30,2011) 0 21 ST A j.s w Paul Matejcek has 1 Credit for the Billboard that was Z removed north of the TherapyWerks Building 21 •• -•• -+ w . °- ••- ••- •• -••_.. (Expires 6/8/2012) 0 W m z W ERCY DR 1 N November 15, 2010 Cki rrent Billboard Inventory Aplann!npbylheClty , f dm nllt 173.08, 2011 Minnesota Statutes 2011 Minnesota Statutes 173.08 EXCLUDED ROAD ADVERTISING DEVICES. Page t of 2 Subdivision 1. Advertising devices restricted. No advertising device, excepting the advertising devices described and permitted under sections 173.01 to 173.27, shall be erected or maintained in an adjacent area, after June 8, 1971, except the following: (1) directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with rules which shall be promulgated by the commissioner relative to their lighting, size, spacing and other requirements as may be appropriate to implement sections 173.01 to 173.27; (2) advertising devices advertising the sale or lease of property upon which they are located, provided that there shall not be more than one such sign, advertising the sale or lease of the same property, visible to traffic proceeding in any one direction on any one interstate or primary highway; (3) advertising devices advertising activities conducted on the property on which they are located, including, without limiting the generality of the foregoing, goods sold, stored, manufactured, processed, or mined thereon, services rendered thereon, and entertainment provided thereon; (4) advertising devices stating the name and address of the owner, lessee or occupant of such property or information otherwise required or authorized by law to be posted or displayed thereon; (5) public utility signs; (6) service club and religious notices; (7) advertising devices of which the advertising copy or the name of the owner thereof is in no part visible from the traveled way of the aforesaid highways; (8) advertising devices which are located, or which are to be located, in business areas and which comply, or will comply when erected, with the provisions of sections 173.01 to 173.27; (9) signs placed temporarily by auctioneers under section 169.07; (10) community identification signs which are located within two miles of the community and do not exceed 750 square feet. "Community" means a county, town, or home rule charter or statutory city. Prior to the erection of a community identification sign, the community must: (i) obtain approval from the governing body of the community; (ii) consult with local road authorities on placement and location of the sign; and (iii) obtain consent of the owner of the land on which the sign is to be erected. Subd. 2. Advertising devices prohibited. No advertising device shall be erected or maintained: (1) in or within 500 feet of national parks, state parks, local parks, historic sites, and public picnic or rest areas, provided that, an advertising device may be permitted within 500 feet of the https: / /www. revisor .mn.gov /statutes / ?id= 173.08 2/24/2012 173.08, 2011 Minnesota Statutes Page 2 of 2 park, site or area on commercially zoned property, or in the case of a municipality which has no zoning ordinance, with the approval, by resolution, of the municipality; (2) within 100 feet of a church or school. History: 1965 c 828 s 8; Ex1967 c 9 s 9; 1971 c 883 s 6; 1980 c 494 s 1; 1983 c 293 s 73; 1985 c 248 s 70; 1986 c 454 s 26; 1992 c 572 s 1 https: / /www.revisor.mn.gov /statutes / ?id= 173.08 2/24/2012