HomeMy WebLinkAbout1991 10-17 CCP Joint Session with Planning Commission AGENDA
JOINT MEETING OF
CITY COUNCIL AND
PLANNING COMMISSION
OCTOBER 17, 1991
SPECIAL SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Discussion Items:
a. Real Estate Signs
b. Major Thoroughfare Setbacks in Commercial and Industrial
Zones
C. Ordinance Prohibiting Abutment of Gas Stations and R1, R2
and R3 Zoning Districts
d. R7 Property on Shingle Creek Parkway South of Library
(See Maxfield Commercial /Industrial Market Study)
4. Adjournment: 9:30 p.m.
34 -140Q�
`�'•� d. Signs denoting the architect, engineer, contractor, or owner when
placed upon a respective worksite and not exceeding an aggregate of
forty -eight (48) square feet in area, to be removed ten (10) days
following completion of construction.
e. Copy or message changing on a printed or painted sign which is
permitted by this ordinance.
f. Portable and freestanding political signs for a period of not more
than sixty (60) days before and ten (10) days after an election
provided no one sign is greater than sixteen (16) square feet in
area, except that there shall be no limitation on the size of
political or other noncommercial signs during the period from
August 1 in a state general election year until ten days following
the state general election. Freestanding political signs may be
installed only upon private property with the permission of the
property owner who shall be responsible for removal thereof. The
candidate whose candidacy is promoted b an improperly laced or
Y P
otherwise illegal political sin shall be held responsible
g p able
therefor.
g. Signs or. posters painted on or attached to the inside of a display
window. This shall include illuminated signs, but not flashing
signs.
h. Flags, badges, or insignia of any government or governmental
agency, or of any civic, religious, fraternal or professional
organization. Commercial and industrial establishments may display
a single flag consisting of the official corporate seal or insignia
as identification of the individual establishment. Advertising or
promotion of specific products or services is prohibited unless
approved in conjunction with an administrative permit as provided
in Section 35 -800.
i. Emergency signs required by other governmental agencies.
j. Temporary displays which are erected to celebrate, commemorate, or
observe a civil or religious holiday.
k. Courtesy bench signs, provided they are installed and maintained by
a person, firm or corporation licensed by the City Council.
1. Real Estate signs as follows:
1. Temporary freestanding or wall signs for the purpose of selling
or leasing individual lots or entire buildings provided that
such signs shall not exceed six (6) square feet in area for
residential property and thirty -two (32) square feet for other
property and that there shall be only one such freestanding or
wall sign permitted for each property. The sign must be
removed within ten (10) days following the lease or sale.
Temporary freestanding off -site real estate signs announcing an
or house" or similar activity for the purpose of showing or
displaying a home for sale are permitted provided:
a. The off -site sign is located
g on privately _ owned residential
property and there is no objection to the display of the
sign on the part of that property owner;
a
34 -140 TEMPORARY ORDINANCE PROVISION
3. Temporary signs for the purpose of leasing or selling
portions of commercial or industrial buildings, such as
offices or individual tenant areas are permitted only
when vacancies exist and are limited to one freestanding
or wall sign per street frontage. The size of signs
shall be no greater than 32 sq. ft. and freestanding
signs shall be no higher than 10' above ground level.
All signs permitted by this section of the ordinance
shall be marked with the date on which the sign was
erected to be located in the lower right hand corner of
the sign. Said sign must be removed no later than one
year from said date and may be re- erected only if
vacancies exist and the sign is completely rejuvenated
or replaced. Any sign not containing the date it was
erected is unlawful.
4. Deleted.
The above ordinance shall automatically be repealed one year from the effective
date of this ordinance unless earlier re- enacted by the Council. Upon such
automatic repeal, the terms of Section 34 -140 of the City Code of Ordinances
shall automatically revert to those in effect at the time of adoption of this
ordinance.
EFFECTIVE DATE OF THIS ORDINANCE IS 9/20/91 REPEAL DATE IS _/20/92
34 -140
b. The off -site sign is displayed only during the time of the
"open house" or showing;
c. The size of the off -site sign shall not exceed three (3)
square feet in area.
2. A temporary freestanding sign for the purpose of announcing or
promoting a new residential, commercial or industrial project
development, provided that each residential project contains at
least six (6) dwellings or lots. Further provisions are that one
such sign is permitted for each major thoroughfare the project
abuts; the signs shall be located at least one hundred thirty
(130) feet from any pre - existing home; the signs are removed
within two (2) years of issuance of the first building permit in
the project or when the particular project is ninety (90) percent
sold out or rented, whichever is sooner; and each sign shall not
exceed the following size limitations:
Project area under 10 acres - 48 square feet
Project area over 10 acres - 320 square feet
*3. Temporary signs for the purpose of leasing or selling dwelling
units in buildings containing two (2) or more units and temporary
signs for the purpose of leasing or selling portions of
commercial or industrial buildings, such as offices or individual
tenant areas are permitted only when vacancies exist and are
limited to walls facing public streets. The size of signs shall
be determined on the basis of wall area and distance from public
right -of -way in the following manner:
a. For buildings with a wall area of 1,000 sq. ft. or less
facing a public street, the maximum size sign shall be 10 sq.
ft. For buildings with over 1,000 sq. ft. of wall area
facing a public street, the maximum size sign shall be 16 sq.
ft.
b. Buildings eligible for temporary real estate wall signs under
Subsection (a) above shall be entitled to a sign 50% greater
in area if the building is over 100 feet from the right -of-
way line and 100% greater if the building is over 300 feet
from the right -of -way line.
*4. Buildings entitled to temporary wall signs as specified in
Subsection 34- 140 :2.1 (3) above may utilize up to 10 sq. ft. or
50% of the area (whichever is less) of an existing freestanding
identification sign in lieu of all other real estate signs.
m. Rummage Sale Signs as follows:
1. A temporary on -site sign not exceeding six (6) square feet in
area, identifying the location of and /or information relating to
a rummage sale. Banners, pennants, streamers, balloons,
stringers or similar attention attracting devices may also be
displayed on the property where the sale is being conducted. The
sign and other devices may be displayed for the duration of the
sale only, and must be removed at its termination.
* See attached ordinance language which is in effect from 9/20/91 through 9/20/92
J
Councilmember Cohen asked if the time frame for violation notices and compliance could
be shortened. The City Attorney indicated
Inspection explained that this ordinance would t provide notice o 1 the o r of operty ow g and
ner of
action by the tenant and place the burden on the property owner. If the violation involved
disturbing the peace, the City could take action to have that individual charged with a
violation and then notify the owner of the activity.
The Director of Planning and Inspection asked the Council if they would like to send special
notice of this ordinance amendment to the Chamber of Commerce and/or individual
property owners. He suggested this information be distributed prior to a public hearing
being held. Councilmember Scott suggested the City notify all license holders that this
ordinance was being considered along with a brief description, and a copy of the ordinance
was available at City Hall.
Councilmember Scott stated she supported the proposed ordinance, felt it was well written
with clear enforcement sections, and agreed the burden should be placed with the license
holder. Councilmember Cohen agreed and indicated support of the ordinance since it
targeted properties where maintenance was a problem and addressed owners who were
reluctant to comply. The Council then discussed the enforcement and penalty provision.
There was a motion by Councilmember Cohen and seconded by Councilmember Scott to
approve for first reading An Ordinance Amending Chapter 12 of the City Ordinances
Extending the Housing Maintenance and Occupancy Code to Include Commercial and
Industrial Properties and scheduling a public hearing date of September 9, 1991, at 7:15 p.m.
The motion passed unanimously.
Councilmember Pedlar suggested the Council begin work on an ordinance to address
homeowner blight, such as appliances sitting outside for three weeks. The City Manager
responded that the existing ordinance addressed this situation and asked that City staff be
_notified of this type of occurrence. Councilmember Cohen agreed this could be frustrating,
but the City did have a process that could be followed to remedy the situation. A brief
discussion was held regarding compliance for this type of situation. Mayor Paulson
suggested this matter be discussed further at a future work shop.
The Council concurred to hear item 9d next due to members of the public present.
ORDINANCE
The City Manager presented an Ordinance Amending Chapter 34 of the City Ordinances
Regarding the Allowable Size of Space for Lease Real Estate Signs noting that the proposed
ordinance does not contain a sunset provision. The Director of Planning and Inspection
reviewed amendments that were directed by the Council at first reading on July 22, 1991.
Councilmember Rosene stated he understood the Council had indicated support of a sunset .
provision for the entire ordinance. The City Attorney explained staff proposed a sliding
8/12191 -16-
sunset provision, but language could be incorporated for a standard sun
(except for use of vehicles) He set after one year
/ for consideration this evening, further stated he had available additional sunset language
I
Councilmember Cohen reviewed the August 7,1991, minutes of the Commercial Real Estate
Sales Sign Meeting which he attended along with several staff members. He stated he felt P olic y development should be conducted at the Planning Commission level and suggested
they look at how this ordinance would affect the existing sign ordinances.
Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for
Lease Real Estate Signs at 10 :12 p.m. He inquired if there was anyone present who wished
to address the Council.
Kent Warden, BOMA, stated he had addressed the Council previously on this issue and
shared the Council's goal of keeping Brooklyn Center attractive and appreciated the
Council's willingness to work with them. He explained that this was a difficult time for
marketing, and they have found that signs were an effective tool. Also, Brooklyn Center
property must compete with surrounding communities. He requested that the Council
reconsider the option of wall mounted signs and institute an annual or every two year review
rather than 'a sunset provision.
Councilmember Cohen stated he did not feel the aesthetic issue had been full addressed
He questioned the location of signs si
. The y '
overheads to indicate areas where his type of sign was present. Planning and Inspection used
There was no one else who appeared to speak, and Mayor Paulson entertained a motion t
close the public hearing. o
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
- close the public hearing at 10:20 p.m. The motion passed unanimously.
Councilmember Rosene stated he would like to see a slide presentation of the signs
question and further discussion on the matter by the Planning Commission. Councilmember in
Cohen concurred and suggested a joint meeting with the Planning Commission be scheduled
to discuss how the Council would like policy issues like this handled in the future. He stated
he would like to see a study demonstrating that signage was vital in filling vacancies.
Councilmember Cohen stated he supported a sunset provision.
Mayor Paulson commented that one of the glass office buildings by the Earle Brown
Heritage Center has had a vacancy sign up for some time even though they now were almost
full. He added that he was not cominced about the effectiveness of this type of signage and
pointed out that these signs seem to stay up once they were installed. Mayor Paulson stated
he agreed that aesthetic issues also need to be considered, and he felt that the established -
policy was being departed from.
8/12/91 -17-
ORDINANCE NO. 91 -13 -
Member Philip Cohen introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES
REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE REAL ESTATE
SIGNS
The motion for or the adoption of foregoing ore oin ordinance w
p g g e as duly seconded by member Celia
Scott.
Vote: Four ayes, one nay. The motion passed. Mayor Paulson voted nay.
There was a motion by Councilmember Scott and seconded by Councilmember Cohen to
refer this matter to the Planning Commission and request a joint meeting with them at the
earliest date possible. The ;notion passed unanimously.
The Council concurred to hear item 11G next due to Springsted representatives who were
present.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Awarding the Sale of $3,000,000 General
Obligation State Aid Street Bonds for the Council's consideration. Bob Thistle, Springsted,
reviewed the four bids that were received today and recommended the bid be awarded to
the low bidder, Piper, Jaffray & Hopwood, Inc.
RESOLUTION NO. 91 -195
Member Philip Cohen introduced the following resolution and moved its adoption:
- RESOLUTION'AWARDING THE SALE OF $3,000,000 GENERAL OBLIGATION
STATE AID STREET BONDS, SERIES 1991B; FIXING THEIR FORM
AND
SPECIFICATIONS• DIRECTING THEIR EXECUTION AND DELIVERY; AND
PROVIDING FOR THEIR PAYMENT
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion P assed unanimously.
RESOLUTION NO. 91 -196
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO FUNDING OF THE CITY OF BROOKLYN CENTER,
$3,000,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 1991B
8/12191 -18-
CITY OF BROOKLYN CENTER council Meeting Date 8/12/9
Agenda hem Number
REQUEST FOR COUNCIL CONSIDERATION
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ITEM DESCRIPTION:
An Ordinance Amending Chapter 34 of the City Ordinances Regarding
the Allowable Size of Space for Lease Real Estate Signs
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROV
Ronald A. Warren, Director of Planning and Inspection
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MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
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SUMMARY EXPLANATION: (supplemental sheets attached x
This item was first considered by the City Council at its July 8,
1991 meeting as part of the consideration of Planning Commission
Application No. 91008 submitted by Welsh Companies, Inc. requesting
a sign variance for various real estate signs. The City Council
tabled consideration of the first reading on an ordinance amendment
and directed the staff to prepare various modifications.
Modifications were made and presented to the City Council for
consideration on July 22, 1991. The Council decided on some
additional changes at that meeting that: 1) did not extend the
provisions for these types of real estate signs to multiple
residential buildings; 2) limited freestanding real estate signs
to a height no greater than 10 feet above ground level (15 feet had
been considered previously); and 3) required these real estate
signs be removed within one year of the date appearing on the sign
as to when it was erected in order that the sign be rejuvenated or
replaced and be allowed to be re- erected only if vacancies still
exist (two years had been previously considered) . A first reading
on the ordinance with the modifications was held on July 22
establishing August 12, 1991 at 7:15 p.m. as the date and time for
a public hearing.
Recommendation
The ordinance is offered for a second reading and public hearing at
the August 12, 1991 meeting.
r
s
r
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
12th day of August , 1991 at 7:15 p.m. at the
City Hall, 6301 Shingle Creek Parkway, to consider an amendment to
the Sign Ordinance regarding real estate signs.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES
REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE
REAL ESTATE SIGNS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 34 of the City Ordinances of the City
of Brooklyn Center is hereby amended in the following manner:
Section 34 -130. PROHIBITED SIGNS
14. Signs 'painted on a commercial vehicle which is
to Parked at a commercial premises in such a manner as
to constitute a static display advertising a
business, Product or service to the traveling
Public and which is not making a pickup or delivery
or being appropriately stored on the premises.
Section 34 -140. PERMITTED SIGNS
2. Permitted Signs Not Requiring a Permit
1. Real Estate signs as follows:
3. Temporary signs for the purpose of
leasing or selling (dwelling units in
buildings containing two (2) or more
units and temporary signs for the purpose
of leasing or selling] portions of
commercial or industrial buildings, such
as offices or individual tenant areas are
permitted only when vacancies exist and
are limited to (walls facing public
streets) one freestanding or wall sign
Per street frontage The size of signs
shall be (determined on the basis of wall
area and distance from public right -of-
way in the following manner:] no greater
than 32 sct. ft. and freestanding signs
shall be no higher than 10'above around
level.
ORDINANCE NO.
All signs permitted by this section of
the ordinance shall be marked with the
date on which the sign was erected to be
located in the lower right hand corner of
the sign. Said sign must be removed no
later than one year from said date and
may be re- erected only if vacancies exist
and the sign is completely rejuvenated or
replaced. Anv sign not containing the
date it was erected is unlawful.
(a. For buildings with a wall area of 1,000
sq. ft. or less facing a public street,
the maximum size sign shall be 10 sq. ft.
For buildings with over 1,000 sq. ft. of
wall area facing a public street, the
maximum size sign shall be 16 sq. ft.
b. Buildings eligible for temporary
real estate signs under Subsection
(a) above shall be entitled to a
sign 50% greater in area if the
building is over 100 feet from the
right -of -way line and 1000 greater
if the building is over 300 feet
from the right -of -way line.
4. Buildings entitled to temporary wall
signs as specified in Subsection 34 -140-
:2.1 (3) above may utilize up to 10 sq.
ft. or 50% of the area (whichever is
less) of an existing freestanding
identification sign in lieu of all other
real estate signs.]
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
Adopted this day of , 1991.
Todd Paulson Mayor
ATTEST:
Deputy Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new
matter.)
MINUTES
COMMERCIAL REAL ESTATE SALES SIGN MEETING
AUGUST 7, 2991
3:30 p.m.
Present: Councilmember Phil Cohen, City Manager Splinter, Kent
Warden - Executive Director BOMA, John Kelly - Ryan Construction
(President BOMA), William McGrann - attorney BOMA.
This meeting was requested by BOMA through John Kelly of Ryan
Construction. Mr. Warden pf BOMA expressed the concern whatever
actions Brooklyn Center Council might take would influence other
communities in the metro area and they were interested in ordinance
modifications which would be reasonable but they were willin g to
work with communities on a reasonable standard.
Councilmember Cohen expressed concern the interim freeze on
enforcing the current City regulations is producing a possible
increase in commercial real estate sales signs and he believed that
was unacceptable. BOMA representatives stated that was not their
intention. If we note people are taking advantage of this to let
them know and they will talk to their members.
There was a e
g neral discussion over what was a reasonable size sign
g
and what were reasonable type regulations and BOMA representatives
stated there was the possibility of different size signs for
different size buildings and different commercial uses such as
office and retail. Councilmember Cohen expressed the need for the
city to have a more thorough review of these type of sign
requirements and regulations than was currently possible. He
stated it would be his suggestion a modified regulation be created
allowing some form of freestanding sign but it be sunset in
approximately 12 months. In the meantime the planning commission
and staff would
review o
evie more thoroughly these type
g y yp
BOMA representatives expressed the interest in working with
Brooklyn Center on any of the type regulations and asked to be
included in the review process.
City Manager Splinter stated there was a need to keep sign
ordinances as simple as possible so it could be easily understood
and administered but as you become more specific in your
requirements and vary them from land use to land use and from size
of building you start to create an additional complexity. As you
increase the complexity of the ordinance, chances are you will
require some type of permit process.
Representatives of BOMA asked what the proposal would be that would
go before the city council on their August 12, 1991, meeting. City
Manager Splinter stated pending the city attorney's approval of the
proposal, the proposed ordinance would be much like the one which
was reviewed at the last council meeting with some changes in
height and other requirements but it would have a sunset feature.
This feature would void the ordinance after a period of time,
probably 12 months. He further stated chances are councilmembers
would be interested in a study process during that 12 month period
of time and that would involve the city staff and planning
commission. SOMA expressed interest in working with staff and city
council during this period to develop a reasonable regulation
process prior to the sunset provision taking effect.
t
Mayor Paulson thanked Mr. Anderson for his good ideas, and the Director of Public Works
indicated he would review the matter to see if the outlet was adequate. i
Homer Carey, Indiana Avenue d b1
y, ,state the problem had been ongoing for 33 years. He
had replaced carpeting four times in the past 15 years. In regard to a manual valve, Mr.
Carey was reluctant to accept the responsibility for a valve, as he preferred a better long-
term solution. He indicated he would not oppose the idea if a better solution were pursued
in a timely manner.
There was a motion by Councilmember Rosene and seconded by Councilmember Scott
directing staff to pursue Option 1 and authorizing funding from the storm sewer utilities and
authorizing staff to work out the details of a temporary solution with the affected property
owners. The motion passed unanimously.
STAFF REPORT REGARDING 57TH AVENUE DRAINAGE PROBLEMS
The Director of Public Works reviewed this item- and showed slides of the affected area.
He indicated the grade was half of that recommended, and therefore, there was not proper
drainage.
He indicated the problem needed to be solved, but it was not a high priority. He
recommended the City wait until 57th Avenue was reconstructed (scheduled for 1993 or
1994) and incorporate this action into that project.
There was a motion by Councilmember Scott and seconded by Councilmember Rosene to Y
approve staffs recommendation that storm sewer improvements be constructed in
coordination with a complete street improvement project for 57th Avenue; and that the
reconstruction of 57th v n n with the storm ewer t
A e ue along t s s system em im rovem nts
g y p e be
programmed for implementation in 1993 or 1994.
The motion P assed unanimously.
Councilmember Rosene suggested residents of the area be informed of the proposed action.
ORDINANCE
The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances
Regarding the Allowable Size of Space for Lease Real Estate Signs. It was noted the City
Council had tabled consideration of the first reading previously on an ordinance amendment
and directed staff to prepare various modifications to the ordinance.
The Director of Planning and Inspection explained the modifications which had been made
to keep the ordinance simple and easier to enforce. He noted all signs would require dates
to be put on them to aid in enforcement of time limits. '
7[22/91 _10-
J Councilmember Cohen questioned whether a six -plex would be allowed to have a sign, under
the proposed ordinance. The Director of Planning and Inspection indicated it would.
Councilmember Cohen objected to this provision.
In response to Councilmember Cohen's question, the City Attorney indicated the Council
would not be locked in to a policy if they decided to change their minds at a later date. The
"temporary" title left the matter up to Council discretion.
The Council discussed relating signage to the size of the building, and discussed the
possibility of striking the real estate section of the ordinance and proposed new language for
multiple- dwelling facilities.
Mayor Paulson indicated he had admired the constraint of the previous policy.
Councilmember Cohen indicated the City had a history of being conservative in regard to
signs. Councilmember Scott concurred
Mayor Paulson felt large signs did not have a significant impact on the business on which
they were placed and that they were unsightly. Councilmember Cohen felt business had
certain economic problems and that the Council should be sensitive to their needs. He
suggested the time frame be changed from two years to one year to allow the Council to
supervise more closely.
Mayor Paulson felt the City was better served by the status quo. He did not feel the
minimal impact on businesses was great enough to offset the negative aspect for the City.
There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to
modify as discussed, including changing the time frame to one year, taking out multiple
residential buildings, and reducing the 15 feet above ground to 10 feet and approving for
first reading An Ordinance Amending Chapter 34 of the City Ordinances Regarding the
Allowable Size of Space for Lease Real Estate Signs and setting a public hearing date of
August 12, 1991, at 7:15 p.m.
Vote: Four ayes, one nay. The motion passed. Mayor Paulson voted nay.
RE CESS
There was a motion by Councilmember Cohen and seconded by Councilmember Scott to
recess the Brooklyn Center City Council at 11:35 p.m. for the purpose of convening the
Economic Development Authority. The motion passed unanimously. The Brooklyn Center
City Council recessed at 11:35 p.m. and reconvened at 12:58 a.m.
ORDINANCE
The City Manager presented An Ordinance Fixing Certain Compensation to be Paid to the
Elected Officials of the City of Brooklyn Center. The item related to the establishment of
per diem pay for the Mayor and Councilmembers.
7/22!91 -11 -
' CITY OF BROOKLYN CENTER Council Meeting Date 7/22/5
Agenda Rem Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
An Ordinance Amending Chapter 34 of the City Ordinances Regarding
the Allowable Size of Space for Lease Real Estate Signs
* * * * * * * * * * * * * * * * * **
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DEPT. APPROVAL:
CA.
Ronald X Warren, Director of Planning and Inspection
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MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached X
The City Council, at its Jul 8, 1991 meeting, denied Planning
Y g, g
Commission Application No. 91008 which was a request for a sign
ordinance variance by Welsh Companies, Inc. involving various real
estate signs announcing space for lease. The Council did consider,
and tabled, an ordinance amendment which would modify he sign
ign
ordinance to allow both freestanding and wall for lease signs with
an area of 32 sq. ft. The Council requested various modifications
to the ordinance for their future consideration.
Modifications have been made and a new proposal is being offered
for the Council's consideration. As it relates to residential
property, the new ordinance would only allow this category of real
estate sign to be utilized by buildings containing five or more
dwelling units. Single family, two family and multiple family
buildings, up to four plexes, could only have 6 sq. ft. real estate
signs rather than the 32 sq. ft. sign under the proposed ordinance.
We have also modified the proposal to put a 15' height limit on the
freestanding signs. Also, we have attempted to establish some
"sunset" provisions on these signs to help assure that they are
indeed temporary signs and to also require either elimination or
maintenance and rejuvenation of the signs periodically. This is
proposed by requiring that the signs be marked with the date they
were put up and that they be removed and rejuvenated or replaced
every two years. These signs are only allowed to be displayed when
vacancies in a building exist.
Summary Explanation
Page 2
July 22, 1991
We looked at the possibility of requiring a certain percentage of
vacancy, such as 10 %, in order for a property to be eligible for a
sign. That has not, however, been included in the proposal mainly
because we would like to keep the enforcement of the ordinance
simple and we believe the proposed "sunset" provisions address the
issue of the temporary nature of the signs. A percentage qualifier
can be added if the City Council desires.
The question of requiring a setback for freestanding signs was also
considered. The greenstrip requirements were noted at the last
Council meeting and it was pointed out that this would cause some
difficulty in placement of freestanding signs. Therefore, no
setback requirements are suggested. If the City Council is
concerned that the new provisions will cause an undesirable
proliferation of freestanding real estate signs, we would suggest
that freestanding signs then just be prohibited for this type of
real estate sign as is now the case. We, however, do believe the
request for freestanding signs is reasonable.
It is important to note that leasing building space is a very tight
and competitive market at the present time and to have leased up
space is a positive economic impact to the community. Balancing
this with aesthetic concerns is what the Council should be
concerned with.
We have kept Welsh Companies, Inc. and the representatives of the
Building Owners and Managers Association (B.O.M.A.) apprised of the
proposed changes and I would expect that they would be at the
7/22/91 Council meeting.
Recommendation -
If this ordinance, or some modification of it, meets with the City
Council's approval, we would recommend that it have a first reading
and be published for public hearing at a subsequent City Council
meeting.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 1991 at p.m. at the
City Hall, 6301 Shingle Creek Parkway, to consider an amendment to
the Sign Ordinance regarding g real estate signs.
g g
g
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES
REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE
REAL ESTATE SIGNS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 34 of the City Ordinances of the City
of Brooklyn Center is hereby amended in the following manner:
Section 34 -130. PROHIBITED SIGNS
14. Signs painted on a commercial vehicle which is
parked at a commercial premises in such a manner as
46 to constitute a static display advertising a
business, product or service to the traveling
public and which is not making a pickup or delivery
or being appropriately stored on the premises.
Section 34 -140. PERMITTED SIGNS
2. Permitted Signs Not Requiring a Permit
1. Real Estate signs as follows:
3. Temporary signs for the purpose P y g p p e of
leasing or selling dwelling units in
buildings containing [two (2) ] five (5)
or more units and temporary signs for the
purpose of leasing or selling portions of
commercial or industrial buildings, such
as offices or individual tenant areas are
permitted only when vacancies exist and
are limited to [walls facing public
streets] one freestanding or wall sign
per street frontage. The size of signs
shall be [determined on the basis of wall
area and distance from public right-of-
way in the following manner:] no greater
than 32 sg. ft. and freestanding signs
shall be no higher than 15'above ground
level.
ORDINANCE NO.
All signs permitted by this section of
the ordinance shall be marked with the
date on which the sign was erected to be
located in the lower right hand corner of
the sign. Said sign must be removed no
later than two years from said date and
may be re- erected only if vacancies exist
and the sign is completely rejuvenated or
replaced. Any sign not containing the
date it was erected is unlawful.
[a. For buildings with a wall area of 1, 000
sq. ft. or less facing a public street,
the maximum size sign shall be 10 sq. ft.
For buildings with over 1,000 sq. ft. of
wall area facing a public street, the
maximum size sign shall be 16 sq. ft.
b. Buildings eligible for temporary
real estate signs under Subsection
(a) above shall be entitled to a
sign 50% greater in area if the
building is over 100 feet from the
right -of -way line and 100% greater
if the building is over 300 feet
from the right -of -way line.
4. Buildings entitled to temporary wall
signs as specified in Subsection 34 -140-
:2.1 (3) above may utilize up to 10 sq.
ft. or 50% of the area (whichever is
less) of an existing freestanding
identification sign in lieu of all other
real estate signs.]
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
Adopted this day of 1991.
Todd Paulson, Mayor
ATTEST:
Deputy Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new
matter.)
RENTAL DWELLINGS
Initial:
Timothy and Mary Hofstad 4201 Lakeside Ave. N. #203
Michael/Rosella /Joseph Korman 5321 Morgan Ave. N.
Renewal:
Irvin and Ruth Schloff 4819 Azelia Ave. N.
Saw - Mchone Tebedge 5511 Emerson Ave. N.
Amos Levang 4816 Lakeview Ave. N.
LeRay and Keith Mortensen 4110 Lakebreeze Ave. N.
Michael and Jane Danielson 4216 Lakebreeze Ave. N.
John and Elizabeth Hass 4201 Lakeside Ave. N. #306
Gary and Nancy Clark 4207 Lakeside Ave.* N. #239
Robert Baltuff 5930 Xerxes Ave. N.
Outreach Group Homes, Inc. 507 69th Ave. N.
The motion aased
p unanimously.
PRESENTATION
TWIN LAKE WATER SKI ASSOCIATION
Richard Griffs, representing the Upper Twin Lakes Ski Club, stated they appreciated the
City's past support and requested permission to keep the ski jump on Upper Twin
again this year. He informed the Council that the Upper Twin Lakes Ski Ll b
membership included a Minnesota State Jump Champion and a Junior
Mayor Paulson thanked Mr. Griffs, p r National Champion.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION NO. 91008 SUBMITTED BY WE
COMPANIES INC. RE UESTING APPROVAL, OF A SIGN VARIANCE FOR
THREE FREESTANDING REAL, ESTATE SIGNS AT 2700 FREES F
DRIVE OR
BOULEVARD 6601 SHINGLE CREEK PARKWAY AND 5951 EARLS BROWN
The City Manager reviewed the staff report on this item, noting the Planning Commissi
request on the o g ssi
recommended denial of the variance re
ordinance variance were not met. The Planning grounds that the standards for a sign
Commission Sion
ordinance amendment which would modify the current sin regulations recommend approval of
an
lease si g fo
s. $u r space of
� p or
The Director of Planning and Inspection presented details of the Planning Commission'
recommendation. He then reviewed the existing ordinance requirements and the difficulty
involved with enforcement due to the complex formula for determining the size of sips
based on the size of a building wall and its distance from the public right -of -way .
7/8/91 - 6 -
Currently, free standing signs were not allowed. The recommended ordinance amendment
established 32 square feet as the maximum size for these signs and allowed either a wall
or freestanding sign per street frontage. The proposed amendment would also prohibit
signs on commercial vehicles which were parked at a commercial premises and used as
static display for a business, product or service.
Councilmember Rosene questioned setback and height restrictions. The Director of
Planning and Inspection responded that currently there was no setback requirement except
that the sign be located on private property and not on boulevard or right -of -way area.
A height limit could be included, but he did not feel it would be an issue since wall signs
could only be as high as the building. The proposed amendment would allow a
freestanding sign in lieu of a wall sign.
Councilmember Cohen suggested a time limit be set for signs. The Director of Planning
and Inspection pointed out that lease signs were usually considered temporary since they
were only needed when a vacancy occurred. Councilmember Cohen expressed concern
about the proposed ordinance amendment resulting in a high number of signs since
buildings had at least one vacancy most of the tune.
Councilmember Scott agreed the existing sign ordinance was difficult to enforce. She
asked if the ordinance provided for replacement /repair of deteriorating signs. The
Director of Planning and Inspection stated he was not aware that this was a problem.
Currently property owners were notified about a violation and given 30 days to correct the
situation.
With regard to Planning Commission Application No. 91008, the Director of Planning and
Inspection explained that Welsh Companies, Inc. had requested approval of a sign variance
for three freestanding real estate signs at 2700 Freeway Boulevard, 6601 Shingle Creek
Parkway and 5951 Earle Brown Drive. These signs were all 4 feet by 8 feet which
exceeded the limits allowed for real estate signs.
There was a motion by Councilmember Rosene and seconded by Councilmember Scott
to deny Planning Commission Application No. 91008, sign variance submitted by Welsh
Companies, Inc., based on the rationale that the standards for a variance were not met.
The motion passed unanimously.
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES
REGARDING THE ALLOWAB SIZE OF SPACE FOR LEASE REAL ESTATE
SIGNS
Councilmember Scott suggested a percentage of vacancies be established rather than
allowing freestanding signs to remain indefinitely.
7/8/91 -7-
CounciImember Rosene expressed support of the business community's need to advertise
vacancies. He suggested staff not rigidly nforce the ordinance mance with these signs until a
determination was made on the ordinance amendment. Councilmember Rosene agreed
the ordinance should be written to mitigate a profusion of these signs in Brooklyn Center.
Jeff Hegg, Senior Property Manager of Welsh Companies, Inc., informed the Council that
four of the buildings they manage in Brooklyn Center were fully occupied and not in need
of signage. He indicated that boulevard signs for industrial properties were critical since
prospective tenants drove through areas they wanted to be located in to see what was
available. Over twenty percent of lease space was sold this way. Mr. Hegg agreed that
wall signs blended in well, which was not as helpful in attracting new tenants. He eed
agr
with Mayor Paulson's comment that too many open space / vacancy signs in a particular
area would result in a detrimental effect.
The Director of Planning and Inspection reviewed the ordinance provision for signs
announcing a project which were allowed for a period of two years or 80% occupancy,
Kent Warden, Executive Director of the Building Owners and Managers Association,
stated he supported staffs recommendation since it was easier to enforce and was a fair
compromise. Mr. Warden explained the leasing market was extremely difficult at this time
as well as more competitive with areas in adjacent cities. He felt this condition would
prevail for up to five years. Since freestanding signs have become the norm in advertising, ;
restricting them would place Brooklyn Center properties at a disadvantage. He informed
the Council that their signs were installed by professional sign companies and were well
maintained.
In response to Councilmember Cohen's question, Mr. Warden indicated removal of a sign
after 80% occupancy would have a devastating effect because the best prospecting was
done in selling the last 20 %.
Councilmember Rosene stated he supported setback requirements since it would help
mitigate additional signs which could detract from the community. The Director of
Planning and Inspection explained that most parking lots were located in the front of a
commercial building. Some office buildings had a thirty -five foot green strip, but usu y
all
there was only a fifteen edge of the property line to the parking
foot green strip from the ed
lot. Because of this, it would be difficult to locate a sign further back without having it
inside the parking lot.
Councilmember Rosene indicated he would support regulations to keep the sign in
proportion with the building (larger buildings could support a larger sign, etc.).
ay l
7/8/91 _ 8 _
i
Councilmember Cohen stated he felt the ordinance needed to contain a triggering device
for removal of a sign. The City Attorney supported including the statement that the signs
were temporary in nature and that in a specific length of time the sign must be removed.
Councilmember Cohen also supported including an expiration on the ordinance so Council
had the opportunity of reviewing leasing economics to determine whether the ordinance
was still needed.
Councilmember Scott expressed concern that passage of the ordinance would result in a
proliferation of signs. While larger commercial sites could support this type of sign, she
felt aesthetics of smaller apartment and townhouse wnhouse sites would be diminished. This was
also a concern because townhouses were scattered throughout residential areas.
The City Manager suggested, and Council agreed, that staff should work with the applicant
to address the Council's concerns regarding length of time the sign was allowed,
maintenance, occupancy percentage, proliferation, proportional sizing, setbacks, height,
aesthetics and blocking visibility. Councilmember Cohen asked that they also research
establishing an ordinance expiration date in several years so the matter could be reviewed.
The City Manager indicated staff would continue a moratorium on sign ordinance
enforcement until a decision was made.
There was a motion by Councilmember Rosene and seconded by Councilmember Scott
to table consideration of an Ordinance Amending Chapter 34 of the City Ordinances
' Regarding the Allowable Size of Space for Lease Real Estate Signs to allow time for
further staff research and recommendations. The motion passed unanimously.
PLANNING COMMISSION APPLICATION NO. 90013 SUBMITTED BY PETER
HOUSER RE UEST iNG PRELIMINARY REGISTERED LAND SURVEY
APPROVAL TO SUBDIVIDE INTO TWO TRACTS THE LAND OCCUPIED BY
CARSON'S AND THE MIDAS MUFFLER SHOP AND THE PARKING IN BETWEEN
AT BROOKDALE
The City Manager briefly reviewed the staff report on this item. The Director of Planning
and Inspection presented details of the Planning Commission's recommendation for
approval of the proposed preliminary registered land survey subject to three conditions.
He pointed out that Tract A would be 1.22 acres, include the Midas shop and 71 parking
stalls. Since City Code requires 45 stalls he expressed concern that providing additional
parking spaces may imply the ability to expand. Staff had indicated to the petitioner that
future expansion was not implied unless Brookdale Shopping Center expanded as a whole
since their current parking area was deficient.
In response to Councilmember Rosene's question, the Director of Planning and Inspection
stated he spoke with the Brookdale Shopping Center management about the possibility
7/8/91 -9-
w '
CITY OF BROOKLYN CENTER Council Meeting Date 7 /8/91
!Agenda Rem Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Planning Commission Application No. 91008 - Welsh Companies, Inc.
DEPT. APPROVAL:
Ronal A. Warren, Director of Planning and Inspection
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached g )
Planning Commission Application No. 91008 submitted by Welsh
Companies, Inc. is a request for sign variance approval for three
freestanding real estate signs at 2700 Freeway Boulevard, 6.601
Shingle Creek Parkway and 5951 Earle Brown Drive. These signs are
all 4' x 8' (32 sq. ft.) space for lease signs which exceed the
limits allowed for real estate signs under Section 34 -140,
Subdivision 2.1, 3 and 4. This application was considered by the
Planning Commission at its May 16, 1991 meeting at which time the
Planning Commission recommended denial of the variance request on
the grounds that the standards for a sign ordinance variance were
not met. The Commission, however, recommended approval of an
ordinance amendment which would modify the current sign regulations
for space for lease signs.
The current Sign Ordinance provisions relating to temporary real
estate signs for the purpose of leasing or selling portions of
commercial or industrial buildings contains a somewhat complex
formula for determining the size of signs based on the size of a
building wall and its distance from the public right -of -way.
Enforcement of the provisions is difficult due to the nature of the
regulations and the fact that no permits are required -for these
types of signs. Another problem experienced is that many would
like to have freestanding for lease or sale signs, but the
ordinance limits such signs to walls. The recommended ordinance
establishes 32 sq. ft. as the maximum size for these signs and
allows either a wall sign or a freestanding sign per street
frontage. We believe this to be a reasonable size and should be
easier to enforce as well.
r„
r ,
SUMMARY EXPLANATION CONTINUED
PAGE 2
Although not related to real estate signs, the proposed ordinance
also addresses a sign problem we recently had, that being a truck
used as an advertising sign parked in a parking lot along Brooklyn
Boulevard. The language offered is based on language from a model
sign ordinance and prohibits signs on commercial vehicles which
are
parked at a commercial remises i
p n such a manner as to
constitute
a static display advertising a business, product or service to the
traveling public.
Attached are copies of the minutes and information sheet from the
May 16, 1991 Planning Commission meeting, ordinance amendment,
ordinance sections, several letters, sign survey and a map of the
area for the Council's review.
Recommendation
It is recommended that the City Council deny Planning Commission
Application No. 91008 (sign ordinance variance) on the grounds that
the Standards for a Sign Ordinance Variance are not met and approve
the recommended ordinance amendment for first reading.
CLOSE PUBLIC HEARING
Motion by Commissioner Johnson seconded by Commissioner Ainas to
close the public hearing. The motion passed unanimously.
Commissioner Holmes noted the need for parking lot screening and
asked whether there was a need to add a condition to the
resolution. The Secretary explained that that was required as part
of the plat approval and that there was no need to add a condition
to the rezoning application. He added that the applicants will
bring the plat back to the City Council for final approval.
RESOLUTION NO. 91 -4
Member Lowell Ainas introduced the following resolution and moved
its adoption.
RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO.
91007 SUBMITTED BY IVAN AND HAZEL VETTERICK AND REAL ESTATE
FINANCIAL CONSULTANTS INC.
The motion for the foregoing resolution was duly seconded by
Commissioner Mann and upon vote being taken thereon the following
voted in favor thereof: Molly Malecki, Wallace Bernards, Lowell
Ainas, Kristen Mann, Bertil Johnson, and Mark Holmes and the
following voted against the same: none, whereupon said resolution
/ was declared duly passed and adopted.
V APPLICATION NO. 91008 Welsh Companies, Inc.
The Secretary then introduced the next item of business, a request
for approval of sign variances for three freestanding real estate
signs at 2700 Freeway Boulevard, 6601 Shingle Creek Parkway,'and
5951 Earle Brown Drive. The Secretary then reviewed the contents
of the staff report (see Planning Commission Information Sheet for
Application No. 91008, attached) . The Secretary explained that the
lack of enforcement over the last few years has been a result of a
number of factors including a change of personnel, the complexity
of the existing ordinance, and the fact that no permit is required
for real estate signs. The Secretary stated that a 32 sq. ft. sign
is easy to identify and an ordinance limit of 32 sq. ft. would be
fairly simple to enforce. The Secretary reviewed the draft
ordinance amendment, including a provision relating to signs
painted on commercial vehicles. He concluded by stating that staff
do not recommend the variance application because the situation is
not really unique and that the hardship being experienced by the
applicant is not greater than that experienced by other people
trying to lease space in their buildings.
Commissioner Bernards asked whether the prohibition on using
vehicles as signs would be applicable to garage sale signs that are
tacked onto a vehicle. The Secretary stated that it would probably
not be considered a violation if it was confined to the-property
where the garage sale was being conducted. Commissioner Bernards
asked about a case where a vehicle might be parked at a corner in
5 -16 -91 2
order to advertise the garage sale. The Secretary stated that that
might indeed constitute a violation. Commissioner Bernards
inquired as to the permit fee that would apply to a 32 sq. ft. real
estate sign if a permit were required. The Planner pointed out
that the fee is $30.00 for the first 50 sq. ft. The Secretary
stated that he did not have a problem going without a permit for
real estate signs. He noted that real estate signs are supposed to
be temporary signs and that permits are generally required only for
permanent signs.
Commissioner Holmes inquired as to the use of trucks and banners
for special sales. The Secretary explained that such signery can
be allowed by administrative land use permit for a limited time.
He explained the background of the ordinance regarding signs
painted on commercial vehicles. He noted that there had been a
truck parked at Westbrook Mall with a sign on it advertising a
business and service within Westbrook Mall and that it was parked
for long periods of time and really acted as a freestanding sign.
He stated that this type of abuse was precisely what this ordinance
was aimed at eliminating.
Commissioner Holmes asked whether the real estate signs for the
buildings across the street were noncomplying. The Secretary
responded in the affirmative and stated that they had been sent
letters regarding the violation. He explained that project
identification signs sometimes get turned into space for lease
signs after the project is built.
Commissioner Bernards asked what period of time would be involved
in the adoption of a new ordinance. The Secretary stated that it
would take about 45 days to adopt a new ordinance, but stated that
the old ordinance would not really be enforced as long as the
ordinance amendment was being pursued.
Commissioner Johnson asked how long it would take to prosecute a
noncomplying sign. The Secretary stated that it would be pursued
with a misdemeanor tag which must be responded to within seven
days. He went on to review the prosecution process and stated that
it might go as long as three or four months.
Chairperson Malecki asked the applicant whether he had anything to
add. Mr. Dick McGinley, of Welsh Companies, asked that the
Commission both grant the variance and adopt an ordinance
amendment. Chairperson Malecki responded that staff had
recommended that the variance be denied, but that the ordinance be
amended. She asked the Commission how they felt regarding the
request. Commissioner Ainas also stated that the variance should
be denied, but that the ordinance should be amended. Other
Commissioners generally agreed.
Mr. Kent Warden, of the Building Owners and Managers Association of
Minneapolis (B.O.M.A.) stated that he felt the ordinance amendment
5 -16 -91 3
estate sign. Voting in favor: Chairperson Malecki, Commissioners
Bernards, Ainas, Johnson, Mann and Holmes. Voting against: none.
The motion passed.
The Secretary then discussed with the Commission the proposal by
Sunlite Properties for more parking space or a lesser buffer
adjacent to the Berean Church. He stated that the church had
expressed some interest in possibly selling some land to Sunlite
properties, but that they want to know what the effect would be on
the possible expansion of the church in the future. There followed
more brief discussion of upcoming business.
ADJOURNMENT
Motion by Commissioner Ainas seconded by Commissioner Bernards to
adjourn the meeting of the Planning Commission. The Planning
Commission adjourned at 8:43 p.m.
Chairperson
5 -16 -91 5
• Planning Commission Information Sheet
Application No. 91008
Applicant: Welsh Companies, Inc.
Location: 2700 Freeway Boulevard, 6601 Shingle Creek Parkway and
5951 Earle Brown Drive
Request: Sign variance
The applicant requests sign variances for three freestanding real
estate signs at 2700 Freeway Boulevard, 6601 Shingle Creek Parkway
and 5951 Earle Brown Drive. The signs are all 4' x 8' (32 sq. ft.)
space for lease signs. Under the Sign Ordinance, buildings are
allowed to have temporary wall signs advertising space for lease;
the size of the allowable signs varies depending on the size of the
wall and its distance from public right -of -way. Buildings entitled
to a wall sign (or signs) may, as an alternative, utilize up to 10
sq. ft. of an existing freestanding identification signs to
advertise space for lease (See Section 34- 140.2.1 3 and 4,
attached) . In the cases being reviewed, the applicant has erected
separate freestanding signs advertising space for lease which are
not permitted by the ordinance.
Applicant's Submittal
The applicant, in the person of William Katter, has submitted a
letter (attached) in which he states his case for a temporary
variance of one year from the provisions of the Sign Ordinance.
The letter asks that the three 4' x 8' signs be allowed to remain
because these properties are in receivership and Welsh Companies
has been charged with the responsibility of leasing as much space
as possible over the next year. He states that a 2' x 5' sign
would have poor visibility. Mr. Katter also argues that the
variance should have no negative effects and in no way constitutes
a detriment to the public welfare. He states that it is a means of
attracting new business to the community. He adds that other
properties in the City have this type of signery and do not conform
to the ordinance. Mr. Katter concludes by noting the distressed
nature of the overall real estate market and their particular
situation as receiver for these properties, and asks that the City
aid their efforts by softening the present sign restrictions and
granting a variance.
Collateral Submittals
The applicant is correct in stating that there are numerous other
freestanding space for lease signs in the City. The City's
ordinance pertaining to these types of signs has not been
rigorously enforced for some years. On approximately March 1,
1991, Building Inspector David Fisher sent out a compliance letter
to owners of approximately 30 properties in the City. Some have
called and /or written expressing why they feel they need this type
of signery (see letters attached). We have also met with
representatives of B.O.M.A. (Building Owners and Managers
Association) of Minneapolis. They have also submitted a brief
letter recommending an ordinance amendment to allow the option of
a freestanding or wall sign per frontage up to 16 sq. ft. for walls
less than 1,000 sq. ft. and up to 32 sq. ft. for walls over 1,000
sq. ft.
5 -16 -91 1
Application No. 91008 continued
Staff Response
The existing ordinance pertaining to space for lease signs dates to
the early 1980's when the building at 5901 John Martin Drive sought
a variance from what was then allowed (a 10 sq. ft. wall sign).
The ordinance that resulted from that application is fairly complex
and is difficult to enforce in practice though it makes sense in
theory. While we do not feel the present application meets the
standards for a variance, we would recommend that the Commission
consider an ordinance amendment that would simplify both
enforcement and compliance and would be more in keeping with
industry standards. In this vein, we would generally agree with
the recommendation of B.O.M.A. We have surveyed other communities
and found that provisions vary, but that the B.O.M.A.
recommendations are within the range of what is normally allowed
and tend to reflect what exists in the community. Y
mmunit The are also
simpler than the ordinance presently in place.
Staff have also discussed whether a permit should be required for
space for r lease signs. At present, no ermit is required. A
P q
permit requirement, if properly observed, would allow review of
signs before they are erected and would thus ease enforcement. At
present, violations must be caught after the fact. Generally,
under the ordinance, a sign which requires a permit is a permanent
sign. Space for lease signs should not become permanent lest they
act as billboards, advertising a company which may wind up leasing
space on some other property, perhaps even in another city. The
Commission may wish to give direction on the permit question. We
believe that a revised ordinance would mean less noncompliance in
any case and enforcement should be easier even without a permit.
A draft ordinance '
finance is attached for the Commission's review.
Submitted by,
6 C",
Gary Shallcross
Planner
Approved by,
Ronald A. Warren
Director of Planning and Inspection
5 -16 -91 2
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 1991 at p.m. at the
City Hall, 6301 Shingle Creek Parkway, to consider an amendment to
the Sign Ordinance regarding real estate signs.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES
REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE
REAL ESTATE SIGNS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 34 of the City Ordinances of the City
of Brooklyn Center is hereby amended in the following manner:
Section 34 -130. PROHIBITED SIGNS
14. Signs painted on a commercial vehicle which is
Parked at a commercial premises in such a manner as
to constitute a static display advertising a
business, product or service to the traveling
Public and which is not making a pickup or delivery
or being appropriately stored on the premises
Section 34 -140. PERMITTED SIGNS
2. Permitted Signs Not Requiring a Permit
1. Real Estate signs as follows:
3. Temporary signs for the purpose of
leasing or selling dwelling units in
buildings containing two (2) or more
units and temporary signs for the purpose
of leasing or selling portions of
commercial or industrial buildings, such
as offices or individual tenant areas are
permitted only when vacancies exist and
are limited to [walls facing public
streets] one freestanding or wall sign
per street frontage. The size of signs
shall be [determined on the basis of wall
area and distance from public right-of-
way in the following manner:] no greater
than 32 sq. ft.
ORDINANCE NO.
(a. For buildings with a wall area of
1,000 sq. ft. or less facing a
public street, the maximum size sign
shall be 10 sq. ft. For buildings
with over 1,000 sq. ft. of wall area
facing a public street, the maximum
size sign shall be 16 sq. ft.
b. Buildings eligible for temporary
real estate signs under Subsection
(a) above shall be entitled to a
sign 50% greater in area if the
building is over 100 feet from the
right -of -way line and 100% greater
if the building is over 300 feet
from the right -of -way line.
4. Buildings entitled to temporary wall
signs as specified in Subsection 34 -140-
:2.1 (3) above may utilize up to 10 sq.
ft. or 50% of the area (whichever is
less) of an existing freestanding
identification sign in lieu of all other
real estate signs.]
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
Adopted this day of , 1991.
Todd Paulson, Mayor
ATTEST:
Deputy Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new
matter.)
34 -160
r 2. The fee for a sign hanger's license shall be as set forth by City
Council resolution, and the license shall run from May 1 to April 30 of the
following year.
3. No license shall take effect until the licensee shall file with the
City Clerk a bond with corporate surety in form approved by the City Attorney in
the penal sum of two thousand dollars ($2,000) conditioned that the licensee
will pay all permit fees required under this ordinance, pay any fines imposed
upon him for violation thereof, will conform to all provisions of this ordinance
and will indemnify and hold the City, its officers and agents harmless from any
damages or claim resulting from or related to the erection or maintenance of any
sign in the City by the licensee.
Section 34 -170 APPEALS. In order to secure relief where it is alleged
that an administrative officer of the City has committed an error in
interpretation of judgment in issuing an order or making a determination, any
person may appeal said order or determination consistent with the provisions of
Section 35 -251 of the City Ordinances.
k Section 34 -180. VARIANCES (ADJUSTIMENTS). The procedure for obtaining a
variance from the requirements of this ordinance shall be the same as set out in
Section 35 -240 of the Ordinances of the City of Brooklyn Center.
The Board of Adjustments and Appeals may recommend and the City Council may
grant variances from the literal provisions of this ordinance in
instances
their strict enforcement would cause undue hardship because of circumstances
unique and distinctive to the specific property or use under consideration. The
provisions of this ordinance, considered in conjunction with the unique and
distinctive circumstances related to the property or uses thereof must be the
proximate cause of the hardship; circumstances caused by the property owner or
the applicant or a predecessor in title shall not constitute sufficient
justification to grant a variance. A variance may be granted by the City
Council after demonstration by evidence that all of the following qualifications
are met:
1• A particular hardship to the owner would result if the strict letter of
the regulations were carried out;
2. The conditions upon which the application for a variance is based are
unique to the parcel of land or the use thereof for which the variance
is sought and are not common, generally to other property or uses
thereof within the same zoning classification;
3. The granting of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood.
Section 34 -190. ENFORCEMENT. It shall be the responsibility
Manager to cause the requirements of this ordinance to be properly enforced
to administer the same.
34 -140
d. Signs denoting the architect, engineer, contractor, or owner when
placed upon a respective worksite and not exceeding an aggregate of
forty -eight (48) square feet in area, to be removed ten (10) days
following completion of construction.
e. Copy or message changing on a
g� g printed or painted sign which is
permitted by this ordinance.
f. Portable and freestanding political signs for a period of not more
than sixty (60) days before and ten (10) days after an election
provided no one sign is greater than sixteen (16) square feet in
area, except that there shall be no limitation on the size of
Political or other noncommercial signs during the period from
August 1 in a state general election year until ten days following
the state general election. Freestanding political signs may be
installed only upon private property with the permission of the
property owner who shall be responsible for removal thereof. The
candidate whose candidacy is promoted by an improperly placed or
otherwise illegal political sign shall be held responsible
therefor.
g. Signs or posters painted on or attached to the inside of a display
window. This shall include illuminated signs, but not flashing
signs.
h. Flags, badges, or insignia of any government or governmental
agency, or of any civic, religious, fraternal or professional
organization. Commercial and industrial establishments may display
a single flag consisting of the official corporate seal or insignia
as identification of the individual establishment. Advertising or
promotion of specific products or services is prohibited unless
approved in conjunction with an administrative permit as provided
in Section 35 -800.
i. Emergency signs required by other governmental agencies.
j. Temporary displays which are erected to celebrate, commemorate, or
observe
a civil or religious holiday.
k. Courtesy bench signs, provided they are installed and maintained by
a person, firm or corporation licensed by the City Council.
V Real Estate signs as follows:
1. Temporary freestanding or wall signs for the purpose of selling
or leasing individual lots or entire buildings provided that
such signs shall not exceed six (6) square feet in area for
residential property and thirty -two (32) square feet for other
property and that there shall be only one such freestanding or
wall sign permitted for each property. The sign must be
removed within ten (10) days following the lease or sale.
Temporary freestanding off -site real estate signs announcing an
"open house" or similar activity for the purpose of showing or
displaying a home for sale are permitted provided:
a. The off -site sign is located on privately -owned residential
property and there is no objection to the display of the
sign on the part of that property owner;
34 -140
b. The off -site sign is displayed only during the time of the
"open house" or showing-
C. The size of the off -site sign shall not exceed three (3)
square feet in area.
2. A temporary freestanding sign for the purpose of announcing or
promoting a new residential, commercial or industrial project
development, provided that each residential project contains at
least six (6) dwellings or lots. Further provisions are that
one such sign is permitted for each major thoroughfare the
project abuts; the signs shall be located at least one hundred
thirty (130) feet from any pre- existing home; the signs are
removed within two (2) years of issuance of the first building
permit in the project or when the particular project is ninety
(90) percent sold out or rented, whichever is sooner; and each
sign shall not exceed the following size limitations:
Project area under 10 acres - 48 square feet
Project area over 10 acres - 320 square feet
3. Temporary signs for the purpose of leasing or selling dwelling
units in buildings containing two (2) or more units and
temporary signs for the purpose of leasing or selling portions
of commercial or industrial buildings, such as offices or
individual tenant areas are permitted only when vacancies exist
and are limited to walls facing public streets. The size of
signs shall be determined on the basis of wall area and
distance from public right -of -way in the following manner:
a. For buildings with a wall area of 1,000 sq. ft. or less
facing a public street, the maximum size sign shall be 10
sq. ft. For buildings with over 1,000 sq. ft. of wall area
facing a public street, the maximum size sign shall be 16
sq. ft.
b. Buildings eligible for temporary real estate wall signs
under Subsection (a) above shall be entitled to a sign 50%
greater in area if the building s over 100
g feet from
line and 10 the
right-of- 0� neater if the he building is over
300 feet from the right -of -way line.
4. Buildings entitled to temporary wall signs as specified in
Subsection 34 -140 :2 1 (3) above may utilize up to 10 sq. ft. or
50% of the area (whichever is less) of an existing freestanding
identification sign in lieu of all other real estate signs.
M. Rummage Sale Signs as follows:
1. A temporary on -site sign not exceeding six (6) square feet in
area, identifying the location of and /or information relating
to a rummage sale. Banners, pennants, streamers, balloons,
stringers or similar attention attracting devices may also be
displayed on the property where the sale is being conducted.
The sign and other devices may be displayed for the duration of
the sale only, and must be removed at its termination.
E
Welsh CCTDanies. Inc.
o Pine Tree Drive, Suite 380
Nlkls}��'^ ;.rden Hails. Minnesota 55112
■ 1 Wm�iies 612 -484 -4334
March 5, 1991
Mr. Gary Shallcross
City Planner
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Shallcross:
We are writing you in response to the notice we received regarding our violation of
Brooklyn Center's Sign Ordinance.
We ask that you kindly consider the following circumstances as grounds for permitting a
temporary variance from the City's Ordinance. Due to the 30 day compliance rule, we ask
that this matter is reviewed before April 1, 1991, in order for us to take any necessary action
to prevent possible enforcement of this Ordinance.
Welsh Companies, Inc. has been appointed b the U.S. District Court as Receiver
y for the
property located at 6601 Shingle Creek Parkway, and the property located at 2700 Freeway
Boulevard. As you may be aware, the need for a Receivership is created by distressed
properties; present occupancy levels for these two properties are 83 % and 72 %, respectively.
As Receiver for the Court, we have been instructed to alleviate this situation to the best of
our ability. It is our belief that our duties as Receiver are greatly impaired by the restrictive
Sign Ordinance currently in place. The present City Sign Ordinance does not provide us
with the ability to effectively communicate the change in the marketing entity for the
property, and would interfere greatly with the marketability of the properties, and therefore,
hamper our ability to carry out our duties as Receiver. The visibility of a 2' x 5' (10 square
feet) sign is extremely poor, as opposed to the current. x 8' sign, which has consistently
provided us with a number of new tenants we place into properties we manage.
The variance we are requesting would be a temporary variance, lasting for a one year
period, which is the equivalent of the properties' Redemption period under current Real
Estate laws. The signs we propose to utilize would be freestanding in nature, and
approximately 48 square feet in total surface area, or,4" 8' in dimension. We would utilize
only one (I) sign on each property, and would be more than happy to conform to setback
regulations.
The proposed variance should not have any negative effects to the City, and in no way
constitutes a detriment to the public welfare. To the contrary, the signs are a viable means
of communicating available space and attracting new business into the City, providing
employment opportunities and numerous other benefits to the community as a whole. In
addition, we have found that a great number of properties within the City display signage
Real Estate Deveiooment ► Construction ► Brokerage ► Property Management ► Investment Services
Page Two
Gary Shallcross
March 5, 1991
that does not conform to the present Ordinance. It was on this presumption that we placed
f x 8' signs on these properties; replacing the signs with a 2' x 5' sign would be very
etrimental and costly to our marketing efforts.
Given the distressed nature of the overall real estate market, and our particular situation
as Receiver for these properties, we ask that the City of Brooklyn Center aid our efforts by
softening the present sign restriction, and granting a variance as described above.
We would appreciate the opportunity to meet with you personally to further discuss our
application.
Sincerely,
Vv
William P. Katter
Property Manager
WPK:jl
Welsh Comoarnes. Inc.
6 Pine Tree Drive. Suite 380
�j, Arden Hills. Minnesota 55112
� 7 4shCom��es 612- 484-4334
March 11, 1991
Mr. Gary Shallcross
City Planner
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Shallcross:
We are writing you in response to the notice we received regarding our violation of
Brooklyn Center's Sign Ordinance.
We ask that you kindly consider the following circumstances as grounds for permitting a
temporary variance from the City's Ordinance. Due to the 30 day compliance rule, we ask
that this matter is reviewed before April 1, 1991, in order for us to take any necessary action
to prevent possible enforcement of this Ordinance.
Welsh Companies, Inc. has been appointed by the U.S. District Court as Receiver for the
property located at 6601 Shingle Creek Parkway, and the property located at 2700 Freeway
Boulevard. As you may be aware, the need for a Receivership is created by distressed
properties; present occupancy levels for these two properties are 83 % and 72 %, respectively.
As Receiver for the Court, we have been instructed to alleviate this situation to the best of
our ability. It is our belief that our duties as Receiver are greatly impaired by the restrictive
Sign Ordinance currently in place. The present City Sign Ordinance does not provide us
with the ability to effectively communicate the change in the marketing entity for the
property, and would interfere greatly with the marketability of the properties, and therefore,
hamper our ability to carry out our duties as Receiver. The visibility of a 2'x 5' (10 square
feet) sign is extremely poor, as opposed to the current .6; x 8' sign, which has consistently
provided us with a number of new tenants we place into properties we manage.
The variance we are requesting would be a temporary variance, lasting for a one year
period, which is the equivalent of the properties' Redemption period under current Real
Estate laws. The signs we propose to utilize would be freestanding in nature, and
approximately 48 square feet in total surface area, or ;x 8' in dimension. We would utilize
only one (1) sign on each property, and would be more than happy to conform to setback
regulations.
The proposed variance should not have any negative effects to the City, and in no way
constitutes a detriment to the public welfare. To the contrary, the signs are a viable means
of communicating available space and attracting new business into the City, providing
employment opportunities and numerous other benefits to the community as a whole. In
addition, we have found that a great number of properties within the City display signage
Reat Estate Oeveioorrent • Construction • Brokerage • Property Management • Investment Services
Page Two
Gary Shallcross
March 11, 1991
that does not conform to the present Ordinance. It was on this presumption that we placed
-8' x 8' signs on these properties; replacing the signs with a 2' x 5' sign would be very ry
detrimental and costly our
y marketing efforts.
Given the distressed nature of the overall real estate market, and our particular situation
as Receiver for these properties, we ask that the City of Brooklyn Center aid our efforts by
softening the present sign restriction, and granting a variance as described above.
We would appreciate the opportunity to meet with you personally to further discuss our
application.
Sincerely,
1
Kevin A. Connolly
Property Manager
KAC:jl
o D o
' BUILDING OWNERS AND MANAGERS ASSOCIATION
OF MINNEAPOLI
BOMA X, '
rvitrr +A;l,fJAL r
121 SO. 8th STREET. #610, MINNEAPOLIS, MINNESOTA 55402 -2841
\\ TELEPHONE: 612/338 -8627 FAX 6121340 -9744
May 2, 1991
OFFICERS
1990.91
JOHN P KELLY. JR.. RPAs Mr. Ron W arren
Presraenr Director of Planning and Inspections
THOMAS J. PARISH City o f Brooklyn cente Ycs HABE K, 630 Shing Creek Parkway
CLIFFORD HABECK, RPAT �.,LCCM1
SeuerarviTreasurer Brooklyn Center, MH 55430
KENT D. WARDEN. RPA•
E .ecurwe O rector
Dear Mr. Warren:
'!RECTORS
CENNIS DIESSNER ` ranks again for the opportunity to meet with you and your staff
CEAN FREEMAN to discuss cc by our. ..,,-...bens about application of your
BETSY GEORGE, RPA* f7T1 °''1' 1��1t1i.C.LS ci3,JVLLl.
CL:FFORO HABECK. RPAS S�- ',-.7•� tO leaS)l7g s1gnS. AS W e stated, mar ��, t �,,,,,,.., 7 y,�,,.�
JAMES JACHYMOWSKI conditions are very soft at this time and we are co ncerned that
Q COUGLAS JOHNSON p r�'es located in Brooklyn Center not be placed at a
V P. KELLY- JR.. RPAs cca>:>petitive d dlsaVanta
IO'.tAS J. PARISH "`"' a relative t0 ne ighboring ghboring ccernminities by
,rEPHEN J. SONTAG a more restrictive regul of leasing signs
Ex- Ottx;io
JOHN C. MOEN. RPAs The main concern. with the current ordinance is the requir ement
r ement
that such leasing signs be fixed to the walls facing public
streets, while the standard in the market generally provides for
more visible free star;d_ing signs. We reccummend the provision be
changed to permit either wall mounted or free standing signs.
As far as regulation of the maxim= size for such signs, we
would re= mend for buildings with wall area of 1,000 square
feet or less that the maxim,Tm size be 16 square feet, and for
hzil di. ys uith over 1, 000 sq-Mre feet of wall area, the -- - aX dM.3M
size be 32 square feet. Due to relaxation of size and
positioning restrictions, no premium would need to be granted
for distance from the right of way line.
We believe this proposal would simplify administration on the
part of the City and would closely conform to current actual
practice. We will follow up shortly to see how you would like
us to proceed, or don't hesitate to call if you have questions
or comments.
Yours truly, ,
Kent D. Warden, RPA
Executive Director
ITW:da
• 34 -140
b. The off -site sign is displayed only during the time of the
"open house" or showing;
c. The size of the off -site sign shall not exceed three (3)
square feet in area.
2. A temporary freestanding sign for the purpose of announcing or
promoting a new residential, commercial or industrial project
development, provided that each residential project contains at
least six (6) dwellings or lots. Further provisions are that
one such sign is permitted for each major thoroughfare the
project abuts; the signs shall be located at least one hundred
thirty (130) feet from any pre- existing home; the signs are
removed within two (2) years of issuance of the first building
permit in the project or when the particular project is ninety
(90) p?rcent.sold ost or rented, h.ichaver is sootier; and each
sign shall not exceed the following size limitations:
Project area under 10 acres - 48 square feet
Project area over 10 acres - 320 squa feet
3. Temporary gns for the purpose of leasing or selling dwelling
units buildings containing two (2) or more units and
tempor ry signs for the purpose of leasing or selling portions
of mmercial or industrial buildings, such as offices or
ind' idual tenant areas are permitted only when vacancies exist
ands arm=_: d to walls facing public streets. The size of
signs shall be determined on the basis of wall area end
in the following manner:
For buildings with a wall area of 1,000 sq. ft. or less �6
facing a public street, the maximum size sign shall be ,1-0'
sq. ft. For buildings with over 1,000 sq. ft, of wall area
facing a public street, the maximum size sign shall be J 3.6- 3 � Z
sq. ft.
b• s eligible for temporary ate wall signs
under Subsectio ve be entitled to a sign 50%
greater in area ' building 00 feet from the
right -of- ine and 100% greater if the buff ing r
300 et from the right -o£ -way line.
4. Buildings entitled to temporary wall signs as pecified in
Subsection 34 -140:2 1 (3) above may utilize up to W sq. ft, or
50% of the area (whichever is less) of an existing freestanding
identification sign in lieu of all other real estate signs.
M. Rummage Sale Signs as follows:
1. A temporary on -site sign not exceeding six (6) square feet in
area, identifying the location of and /or information relating
to a rummage sale. Banners, pennants, streamers,, balloons,
stringers or similar attention attracting devices may also be
displayed on the property where the sale is being conducted.
The sign and other devices may be displayed for the duration of
the sale only, and must be removed at its termination.
t
C]
BUILDING OWNERS AND MANAGERS ASSOCIATION
i
O F MINNEAPOLI {�
BOMA
NT`rQV.'iilGtivL : •'4 . l w'' �Ya ��:
YL H(`� ilw
105 SO. 5th STREET, #927, MINNEAPOLIS, MINNESOTA 55402.1259
` y TELEPHONE 612/338-8627 FAX 6121340 -9744
OFFICERS
1990 -91
JOHN P. KELLY. JR.. RPA+
President
THOMAS J. PARISH March 21, 1991
Vice President
CLIFFORD HABECK. RPA*
SecretaryfTreasurer
KENT 0. WARDEN. RPA
Executive Director Mr. Ron Warren
Director of Planning and Inspections
DIRECTORS City of Brooklyn Center
D E 6301 Shin Creek Parkway
DEAN EAN F EMAN 7
BETSY GEORGE. RPA* Brooklyn Center, MN 55430
CLIFFORD HABECK, RPA
JAMES JACHYMOWSKI Dear Ron
DOUGLAS JOHNSON
V P. KELLY. JR., RPAs
HOMAS J. PARISH Thanks for the courtesy that you and your staff extended us
STEPHENJ.SONTAG on Monday to discuss Brooklyn Center's Sign Ordinance
Ex-Officio
JOHN C.MOEN.RPAI relative to leasing signs. As discussed, we will get back
to you within the next couple of weeks with suggestions of
changes we would like to request be considered in that
ordinance. In the meantime, if you have additional
thoughts or questions, please don't hesitate to let me
know.
Again, thanks for taking the time to review this matter.
Yours truly,
Kent D. Warden, RPA
Executive Director
cc: Dick McGinley, Chair, Suburban Issues Committee
John P. Kelly, Jr., President, Minneapolis'BOMA
' z
Yr T (' .� - - i -z�
i
T
DEVELOPMENT PMENT LEASI SI. T G MA .
March 20, 1991
Mr. Gary Shallcross, Planner
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: BOULEVARD SHOPPING CENTER
63RD AVE. NORTH & BROOKLYN BLVD.
Dear Mr. Shallcross:
This letter is in reference to the notice regarding the temporary
leasing sign we installed at the above referenced shopping
center.
We were surprised to receive a notice from the City of Brooklyn
Center indicating that our leasing sign was not in compliance
with the City's requirements since we had contacted the City to
verify our intentions tentions prior to installing the sign.
The leasing sign, which is located in the boulevard of the
shopping center, is 4' x 8' which is the standard size used by
Kraus - Anderson Realty Company in its 36 different retail
locations.
The size and location of the leasing sign is very important to
effectively market the leasable premises. By increasing the
visibility of the sign we are increasing our chances of re-
leasing the premises at an earlier date, which in effect allows
us to remove the sign at an earlier date.
By only allowing a 10 square foot sign to be placed on the
building the readability and effectiveness will be reduced
substantially.
We feel that the City of Brooklyn Center should re- evaluate their
sign ordinance and change the current sign criteria to allow for
legible leasing signs to be temporarily placed on retail property
until the vacancy if filled.
If you have any questions, please contact myself or Kevin Fossum,
the Property Manager.
Sincerely,
eut" �ir�
Barbara Smestad
Tenant Improvement Coordinator
.i•_>:1 .South f .'iglitlt . Jliniienimli,, Mimwst)ta .i.i jU 1 -1078 - (612):):;2-12 11
s
r
� f!U
t I lh!I! March 19, 1991
6' 1
High Mr. Gary Shallcross {
•l CITY OF BROOKLYN CENTER
y� 6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
1\14'�TRL\L L %X1
IUeh View Invc.tmcnt . Inc.
KAZIA Edinhmnk Cm.,in>I
nrtww.ttPark .%IXS;ii
424-4947 Dear Mr. Shallcross, Re: Sign on 7022 -7068 Brooklyn Blvd.
In response to your letter of February 28, 1991, I would like to
inform the City of my intention to take the sign down that I now
- have at that address.
My sign is a for sale sign from HIGH VIEW INVESTMENTS, INC. I
am marketing three condominiums in that development. A sign is by
far the best advertising and we had hoped to keep it on the front
lawn.
Per your City ordinance, it appears that the only approved sign
would be a wall sign. This group of buildings is of a brick
exterior and a glass enclosure on the front which prohibits that
kind of a sign. Also, it would be difficult 'to market any one
of the condominiums with that type of a sign because of the
logistics of it, as most of them are internal, with very little
wall space.
_I would appreciate some clarifying by your office at some time
in reference to my sign. As I understand, Mr. Fisher said the
City is looking at this particular portion of the sign ordinance
now. In addition, the sign is still frozen into.the ground and I
cannot remove it.
I I As I understand it, the sign fits the size criteria as it is only
2' by 3' and only one side of the sign is used. Be aware that I
would like to hear from you about this, but if I do not hear from
You, I will remove it as soon as the weather permits." _
Sinc rely,
Sharon Schmidt
HIGH VIEW INVESTMENTS, INC.
Corpor2flon
- -�� 2561 Territorial Road • St. Paul, kIN 55114 - 1500.612646 -1717 • FAX 612'646 -2404
March 15, 1991
Mr. Gary Shallcross
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: Brooklyn Crossing Office Park - 3300 County Road 10
Dear Mr. Shallcross:
This letter is in response to the February 28, 1991 notice that we
received from David Fisher regarding the leasing signs that we are
currently maintaining at our Brooklyn Crossing project.
While we acknowledge the need to minimize the visual clutter within the
City's commercial district, we feel that the current ordinance is overly
restrictive when compared to the standards imposed by other communities
within the Minneapolis /St. Paul area. Most suburbs in which we own
property allow a 4 8' free standing sign located within the setback on
each major thoroughfare. The City's more restrictive ordinance which is
now being enforced places commercial property owners at a disadvantage
in competing for scarce tenants with neighboring communities since it is
not as easy for prospective renters to identify and contact leasing
personnel.
We would respectably request that the City review its sign ordinance at
its earliest convenience. In reference to your request that non-
complying signage be removed within thirty days,. we. Dian to remove all
free standing leasing signs except for one 4 8' sign on the Brooklyn
Boulevard frontage pending a final resolution of this issue.
Please feel free to contact me if you would like to discuss this matter
further.
Very truly,
David Carland
Property Manager �C
cc: David Fisher, Building Inspector
� \ j�
t
ne
- -R ob L
Larse -n
Pa y AEr,e r
March 12, 1991
Mr. Gary Shallcross
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
RE: Lease Signage
Brookdale Square
Brooklyn Center, `linnesota
Dear Gary:
This letter is to clarifv that our leasing sign is vitally important to our
business and health of our shopping center. We get a number of calls off
the signs as our competitors do.
We have similar signs in Eden Prairie, Maplewood and Burnsville. The signs
which we have placed on the property are professionally manufactured and
tasteful. The signs cost us approximately $700 -$850 each to manufacture
and place on the property.
We would like the opportunity to discuss this matter further as I am sure
other property owners in Brooklyn Center will. We would also seek a
variance if that is necessary to keep our leasing signs.
Please call if you have any questions.
Sincerely,
W. Christoph r Galle
Vice President
WCG:kjg
730 Second Avenue South - Suite 281 - Minneapolis, Minnesota 55102
(612) 371 - 0424 ra : 612 -177-0634
, � a
CITY REAL ESTATE SIGNS (FOR LEASE)
Bloomington Will fax
Brooklyn Park 20 sq. ft. freestanding sig of commercial 6'
ht. No permit required.
Coon Rapids Will mail
Eden Prairie 32 sq. ft. freestanding sign for leasing. Also
allow 32 sq. ft. sign to announce a project
(to be removed when 80% leased). No permit
required.
Edina Sign must be removed once 80% occupied. Mainly
allowed for new construction. Signs can't
exceed 100 sq. ft., one per street frontage.
No closer than 100' to pre- existing res. No
permit required.
Fridley One sign per street frontage 50 sq. ft. total
signery. No closer than 100' to building.
Removed when leased. Minimum distance of 10
from property line or driveway. No permit.
Maple Grove 4 sq. ft in res. in one and two family
district, 32 sq. ft. in multiple family,
commercial and industrial districts. Heavy
industrial = 50 sq. ft.
Minnetonka (Temporary signs) Allow on permanent Y g ) P basis as
part of freestanding identification sign.
Separate freestanding sign 12 sq. ft., 16 sq.
ft. or 18 sq. ft. depending on size of
building. Along 55 mph road, may have 32 sq.
ft. sign. Permit required.
Plymouth Project sign for 3 yrs. 96 sq. ft. 8 sq. ft.
in res. districts. Banners prohibited. Allow
96 sq. ft. sign for commercial /industrial for
lease signs. Require permit for signs over 8
sq. ft.
St. Louis Park 6 sq. ft. in R1, in R2 if under 15,000 sq. ft.
of land, 6 sq. ft. In multiple family,
commercial, and industrial 80 sq. ft., require
permit. 25 ht. limit in all districts for
freestanding. Allow on wall, but not roof.
If above 6th floor, allow 200 sq. ft.
Burnsville Leasing banners allowed on temporary basis.
Maximum size sign is 40 sq. ft., 64 sq. ft, if
no higher than 12' and setback if for each 1'
of ht. Permit is $45 for 3 months for
banners.
�N
=� PLICATION NO.
w MN M s 00'
H
V �#
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PM MM
mm NJU
1111■p AR, �I��� ■ ten: - _,��:.+
oil ���i ♦ iii mumn■ni �-� -�`
�� /IIIu nu■u■� ='�t a
a �/���� ■ ■■■■W/ � rte. ;�,�` 4 ' - y
•� �i�., ■■■■■► �� � ;. �
Mod
• mm E r�
l �r_
fir ;K ...• :. .••+:
NN mom NN NN � •
�� NN NS N N NN
BSI N NN NN NN NN NN NN �' .:iS_
-
M
N� NN NN N� NN NN QSZ � •.
NN NN NN NN NN 91 /
si• � NN � NN m �l�'� + ��
NN NN
cam=
=
mss`, . -,• �,: N
t�, t N siN
• �N NN
:tlN NN
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LIM
3b
35 -400
C. The setback distance shall be measured from the exterior wall of
the building, and no part of any roof cornice or any appendage to
the structure shall project more than one (1) foot into the minimum
side yard setback.
d. Interior side yard setback requirements may be waived in commercial
and industrial districts where abutting commercial and industrial
property owners wish to abut along a common wall built along the
property.
4. When a building of 2 -1/2 stories or more in an R5, R6, R7, CIA or C2
zone abuts an R1 or R2 zone, the setback of this building from the R1
or R2 property shall be no less than twice the height of the building.
5. In the case of corner lots, the lot lines not abutting street right -of-
way shall, for the purpose of this ordinance, be considered side -
interior . lot lines, and except as otherwise provided, the use shall
adhere to the setback requirements set out for interior side yards.
6. Except as otherwise provided, accessory buildings shall be permitted to
be constructed to within five (5) feet of the rear property line.
7. Lot width shall be a function of the width of the townhouse unit.
Where a townhouse unit abuts any other use, the interior side yard
setback shall be a minimum of ten (10) feet.
8. The following shall not be considered as encroachments on yard setback
requirements.
a. In any yards: Off- street open parking spaces; terraces; awnings;
canopies; steps not exceeding 10% of the area of the yard;
chimneys; flagpoles; air conditioner condensers; opaque fences,
hedges, or walls provided they shall not exceed four feet in height
in front yards and provided they do not impede vision within the
sight triangle described in Section 35 -560, or a clear view of the
address of the principal building. Fences, hedges, or walls may
exceed four feet in height alongside interior property lines. No
fence, hedge or wall shall be allowed which constitutes an unsafe
sight obstruction for pedestrians or motor vehicle operators..
b. In rear yards: Recreational and laundry drying equipment; arbors
and trellises; balconies limited to 15% of the yard area;
breezeways, open porches; detached outdoor living rooms (patios).
9. Interior residential lots shall have a minimum rear yard area of 30% of
the total lot area, exclusive of permitted accessory structures.
10. Setbacks along major thoroughfares as designated in Section 35 -900
shall in all cases be at least 50 feet, measured from the street right -
of -way line, except for accessory structures or where the property
abuts a marginal access street or where the property abuts a noise wall
or noise berm constructed by MNDOT, or where the City Council finds
that excess right -of -way mitigates the effects of traffic noise, dust,
and fumes. In such cases, the setback requirements shall be as
contained in the Table of Minimum District Requirements.
11. Service /office (Cl, C1A) uses abutting major thoroughfares shall have a
minimum lot area of one acre.
35 -322
k. Drop -in child care centers licensed by the Minnesota Department of
Public Welfare pursuant to a valid license application, provided
that a copy of said license and application shall be submitted
annually to the City.
i
2. Special Requirements
a. See Section 35 -412 of these ordinances.
3. S cial Uses
GI a. Gasoline service stations (see Section 35 -414), motor vehicle
repair and auto washes provided they do not abut an R1, R2, or R3
district, including abutment at a street line; trailer rental in
conjunction with these uses, provided that there is adequate
trailer parking space.
b. The sale or vending at gasoline service stations of items other
than fuels, lubricants or automotive parts and accessories (and
other than the vending of soft drinks, candy, cigarettes and other
incidental items for the convenience of customers within the
principal building) provided adequate parking is available
consistent with the Section 35 -704, 2 (b) and 2 (c).
c. Drive -in eating establishments and convenience -food restaurants
provided they do not abut an R1, R2, or R3 district including
abutment at a street line. (However, convenience food restaurants
without drive -up facilities and located within the principal
structure of a shopping center of over 250,000 sq. ft.. of gross
floor area shall be considered a permitted use.)
d. Eating establishments offering live entertainment; recreation and
amusement places such as motion picture theaters and legitimate
theater; sports arenas, bowling alleys, skating rinks, and
gymnasiums, all provided they do not abut an R1, R2, or R3
district, including abutment at a street line.
e. 'The sale of motor vehicles at retail.
f. The out -of -door display and sale of marine craft at retail.
g. Transient lodging.
h. Animal hospitals.
i. Public transportation terminals (excluding truck terminals).
J. Clubrooms and lodges.
k. Accessory off -site parking not located on the same property with
the principal use, subject to the provisions of Section 35 -701.
4
�d
sensitivity. We see the long term potential for some abandonment of rental
housing occurring in these cases. This type of situation if left on its own
could lead to significant deterioration of the neighborhood. Because new
rental housing would not occur without subsidies, a better alternative for the
"edge" (area along Humboldt) would be the east expansion of the industrial
park. Humboldt provides a buffer between the park and the residential area to
the east, and with proper fencing, expansion should not pose a problem as long
as access to the industrial park is not provided directly from Humboldt.
The Humboldt Square shopping center, which lies on the border of this dis-
trict, is at a turning point. This is considered a good location for this
type of neighborhood center, but unless the center can stabilize by securing a
second anchor (hardware store, drugstore, etc.), the future of this center
does not look promising.
Conclusions and Recommendations
District D should be allowed to finish out its development as an industrial
area with commercial uses located along the freeway. Market forces will drive
the development of new space, and older space in this area should continue to
be viewed favorably when compared to other industrial parks in the northwest
suburbs.
The rental housing along the edge of the industrial park should continue to be
monitored in terms of housing conditions. Because the rents attainable at
these buildings will continue to be moderate, property owners will not have an
incentive, °to invest large amounts into these buildings. For this reason,
there is the potential for abandonment of rental housing, which would make the
area even more vulnerable to crime. Should the rental housing along the west
side of Humboldt (bordering the industrial park) become less valuable over
time, a more financially feasible reuse of this area would be expansion of the
industrial park. As long as access to the park is kept away from Humboldt,
this should not impact the nearby residential areas.
While we believe the Humboldt Square shopping center site is an appropriate
one for a neighborhood center, because of the low- incomes in the neighborhood
and image problems, attracting new tenants has been and could continue to be
difficult. The center should be marketed to price sensitive types of tenants,
those looking for affordable space.
District E: Former Library Site
District Boundaries
This area includes one major site, currently zoned R7 (six or more stories
multifamily). This site is located immediately south of the Hennepin County
Library and Service Center, just west of Shingle Creek Parkway. It is bounded
by wetlands to the west, the Hennepin County Library to the north, Shingle
Creek Parkway to the east and commercial development (Brookdale Square) to the
south. There are approximately 4 which would be suitable for development (some
of this would be parking area).
127
u,
Land Use
The subject parcel is currently vacant, and is zoned for multifamily develop-
ment. The site is in a high visibility and traffic area, with adjacent uses
including the county library and service center, and the major community shop-
ping district in the city (Brookdale Square, Shingle Creek Center, Brookview
Plaza). Within a few blocks of the site to the south and west, is Brookdale
Shopping Center, and to the north of the site, the City of Brooklyn Center
city offices.
The site's western boundary is zoned as public open space because it is a
wetland area. Shingle Creek runs along the western edge of the site and a
city park is located along the creek just northwest of the site. These sur-
rounding uses provide a wealth of strong amenities and the availability of a
variety of services and retail uses makes this site one of the strongest de-
velopment sites in the city.
At the same time, approximately half of the site sits in the floodplane, which _
creates problems for construction. Only an estimated 4 acres are available
for development. For this reason, any multifamily development on this site
would have to be midrise to highrise construction in order to get enough units
on the buildable land to make a project cost effective.
Access /Traffic Patterns
This site has good access from several major thoroughfares, including Shingle
Creek Parkway and Bass Lake Road, the two which immediately pass by or near
the site Access to Highway 100 is less than one half mile from the site, via
Bass Lake Road, and access to Interstate 694 (east or west) is also within one
half mile of the site.
Because of the major retail uses in this area and the city service uses, there _
is heavy traffic passing by the site along Shingle Creek Parkway.
Development Considerations
While there are several amenities that make this site a good one for multifam-
ily housing - close to a variety of services, attractive open space, good
access - there are market constraints which limit the ability to develop mul-
tifamily housing on the site. Highrise construction typically requires rents
approaching a $1 per square foot, rents that are not attainable in Brooklyn
Center for general apartments. While congregate housing with services would
justify higher rents, there is already a market rate senior highrise in the
area (Earle Brown Tower), and a site available for a second phase. Lowrise
construction would be prohibitive because there is only about 4 acres that _
could be developed, limiting the number of units that could be built to about
40 to 60 units. The rents attainable in this area would still not be attrac-
tive to developers or lenders.
At the same time, there continues to be strong interest in this area from
retailers who want to play off the traffic created by Brookdale and the other ow
commmuntiy shopping centers. There are few sites remaining for retail devel-
opment in this area, and this site provides one of the best opportunities
While office development would be appropriate for this area, there are two `
128 —
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