7.2. SR 06-16-1997c~ty of
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Item # 7.2.
Mayor and City Council
Steve Ach, City Planner~~
June 16, 1997
Conditional Use Permit Request by
Pinnacle Foods, LP (Perkins
Restaurant), Public Hearing Case
No. CU 97-13
Issue
Pinnacle Foods, LP is requesting a conditional use permit to amend Elk River
Retail Planned Unit Development Agreement to install a 70 foot high
structure.
Location
The northeast corner of Elk Hills Drive and U.S. Highway 169.
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
Minutes from Planning Commission meeting dated July 25, 1995
· Minutes from City Council meeting dated August 21, 1995
· Minutes from Planning Commission meeting dated February 25, 1997
· Minutes from City Council meeting dated March 17, 1997
· Information from other cities regarding Perkins flags
· Excerpt from "Our Flag"
Overview
Pinnacle Foods, LP is requesting to install a 70 foot high structure. This is
the same request made February of this year at the same time Perkins was
requesting to expand their existing restaurant facility. The Planning
Commission and City Council approved the expansion, however, denied the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 ° Fax: (612) 441-7425
Planning Commission Meeting Minutes
July 25, 1995
Page 2
~menfs of 10,000 square feet in size and 80 feet
of frontage. Gary explained that the majodty of the parcels in the Westwood
Subdivision measure 75' wide by 120' - 140' in depth. The applicant can show a
hardship due to the fact that he was assessed by the City for two separate
parcels. Also, the lot size and width would not be out of character within the
Westwood Subdivision. Gary noted that a lot area and lot width variance similar
to this request was approved last year.
Terry Maurer explained the assessment was based on front footage. The
applicant was assessed for 150 feet, based on the fact that there were
potentially two buildable lots.
Chair Kuester opened the pu,~lic hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSION TACHENY MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE VARIANCE REQUEST BY DANIEL AND FAITH HANSON, PUBLIC
HEARING CASE NO. V 95-6, BASED ON THE FACT THERE WAS NOT OPPOSITION
DURING THE PUBLIC HEARING AND, BASED ON THE FOLLOWING FINDINGS:
SEVERAL OF THE .PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120';
THEREFORE, THiS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION
AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA.
THE APPLICANT CAN 5HOW HARDSHIP IN THE FACT THAT THIS PARCEL WAS
ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS
EXTENDED PAST THE PROPERTY.
3. THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN
KEEPING WITH THE SPIRIT AND INTENT OF THE ORDII~ANCE. ~
COMMlSSI,ONER*SiJ, LLIVAN SECONDED THE M~TION. THE MOTION CARRIED 6-0.
Dan Smith requests'~a conditional use permit for site plan review to construct a
4,415 square foot Perkins Family Restaurant & Bakery within the Elk River Retail
Center P~anned Unit Development. The restaurant is to be located in the
nodheast comer of Elk Hills Drive and U.S. Highway 169.
Staff report by Steve Ach. Steve 'reviewed information presented in his report to
the Planning Commission regarding the site plan, drainage and utilities, parking,
landscaping, and architecture. Steve suggested consideration be given to the
color scheme, flag pole height and hours of operation. Steve noted that a 70'
flag pole is proposed, and would be higher than other flag poles, signs and
structures along Highway 169.
Daniel Smith, applicant, stated the additional landscaping on the Dodge Street
side and around the refuse collection site was not a problem. He added that the
berm was proposed to be 2-1/2 feet. Mr. Smith requested approval for a 70 foot
Planning CommLssion MeeTing Minutes -
July 25, 1995
Page 3
flag pole. He stated that the flags are taken down when winds reach the 18 - 22
m.p.h, range. He stated that there was no reference in the City Code to
restrictions on the height of flag poles. Dan stated that he feels a 24 hour
operation is needed to survive financially, especially when the first restaurant
opens. He stated that if Perkins determined that a 24 hour operation is not
warranted, they would consider reducing hours. Mr. Smith stated the lower
portion of the building's exterior walls would be a terra aorta color.
Chair Kuester opened the public hearing.
Eleanor Todahl, 280 Evans Avenue, expressed her support for the proposed
Perkins Restaurant. She stated Elk River was known as the flag city supported the
large flags typically flown by other Perkins Restaurants.
Letters of support were submitted by Herbert Bahimann, Ruth Harpsfer, and
Cecilia Lewis, ail residents at Angel Ridge Apartments.
Mike Kedrowski, 18837 Dodge Street, stated that he lives directly across the street
from the proposed restaurant. He expressed concerns regarding location of the
driveway, headlights from vehicles shining directly into his home, increased traffic
on Dodge Street, the request for 24 hour operation, and the large flag.
Arion Fuchs, 266 Elk Hills Drive, stated he felt that additional conifers and the
proposed berm were essential for buffering. He suggested a ,5 am opening time
and 11 pm closing of the restaurant. Mr. Fuchs expressed opposition to the 70
foot flagpole. He stated he supported using earthtones for the exterior of the
building.
Mark Kramer, 242 Elk Hills Drive, questioned who would maintain the drainage
pond. Mr. Kramer suggested that additional conifers be required to buffer the
restaurant from the adjacent properties. He aJso suggested that some of the
parking be placed on the west side of the restaurant to reduce the number of
vehicle headlights shining into neighboring properties.
Arlon Fuchs'questioned whether or not the elevation of the site would.be brouc~t
down to be more in line with Highway 169.
Steve Ach explained that grading would be done in the northern portion of the
development, but he was not sure of how the final grade would compare to
Highway 169. Steve indicated that the association document recorded with the
planned unit development would address ownership and maintenance of the
drainage pond~
Pat Hefrick, 271 Elk Hills Drive, objected to 24 hours of operation. She expressed
concern that a buffer of trees was supposed to have been planted as part of the
Barrington PUD and was never done.
Jackie Kedrowski, 18873 Dodge Avenue, stated she felt this PUD did not address
safe~ concerns regarding traffic and visual barriers. She felt there is a problem
with speeding on Dodge. She referred to the road as having a "Level F"
designation. Mrs. Kedrowski expressed their willingness to work with the City
and/or the developer in resolving these issues.
Planning Commission Met
July 2.5, 199,5
Minutes
Page 4
Chair Kuester closed the public heating.
Commissioner Tacheny questioned why the sidewalks were placed on the west
side of Dodge Street. Steve Ach explained that if the sidewalk were extended
north to 193rd, the west side has the least obstructions. Terry Maurer added that
it was unlikely that a sidewalk would fit on the east side of Dodge, due to the
steep grade of the existing driveways.
Discussion followed regarding speeding on Dodge Street. Terry explained
speeding is an enforcement issue and there is little that can be done with the
design of the road to reduce speeds. He stated that placement of a stop sign
of-ten causes drivers to speed up because the perceive they are losing time
because of it. Terry explained fha "Level F" designation for the southbound lane
of Dodge Street related to gaps in traffic and delay time, rather than safety.
Discussion followed regarding the elevation of the driveway for the proposed
restaurant. Terry Maurer stated that the Kedrowski home elevation was
approximately 950 feet, the driveway for the proposed restaurant at Dodge
Avenue woul"d be 946 feet, and the restaurant itself would be at 942 feet.
Commissioner Minton stated that the 4 foot drop in elevation should cause
headlights to be directed into the embankment, rather than into the homes.
Tom Dillon suggested that the Perkins ddveway be flattened out so that vehicle
headlights would project into the bank, rather than upwards.
· Commissioner Sullivan questioned how strongly Mr. Smith felt about the 70 foot
flagpole. He stated he strongly favored fhe 70 foot flagpole, but that he did not
want the issue to slow down the process. Commissioner Minton stated that he felt
the large flag was used as a method of advedising and that a smaller flag would
serve just as well.
Discussion was carried on regarding the hours of operation. Dan Smith explained
that new Perkins Restaurants are open for 24 hours, and reviewed after six months
to determine if the 24 hour operation is cost-effective. He requested that he be
allowed to try the 24 hour operation initially, and make adjustments in the hours if
conditions warrant. Arian Fuchs stated he felt it would be more appropriate to
start with reduced hours, and review in six months for 24 hour operation.
Commissioner Tacheny stated he felt the 24 hour operation could be tested and
then reviewed in six months, so that the impact of noise and lights on the
neighboring properties could be assessed.
Mr. Smith expressed his willingness to meet with the neighbors to resolve issues of
concem.
Steve Ach responded to Commissioner Minton's question concerning trees and
berming by stating that 6 - 8 foot pine trees would be included in the
landscaping plan. He added that there will be a grade change from fha
parking lot to the street and that an additional berm could be added for
buffering.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY DAN SMITH FOR A CONDITIONAL USE PERMIT FOR A
PEI~KIN5 RESTAURANT, PUBLIC HEARING CASE NO. CU 95-15, CITING INFORMATION
Planning Commission Me' .g Minutes
July 25, 1995
IN STAFF'S MEMO AND COMMENTS MADE DURING THE PUBLIC HEARING AS
REASONS FOR APPROVAL; WITH THE FOLLOWING CONDITIONS:
Page 5
ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION,
DATED JULY 25, 1775, BE INCORPORATED INTO THE REVIEW PLANS.
COMMENTS FROM THE CITY ENGINEER IN THE MEMO DATED JULY 17, 1995,
BE INCORPORATED INTO THE REVISED PLANS.
THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF
OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STRE~ AND ELl(
HILLS DRIVE ARE SUBSTANTIALLY COMPLETED.
HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK, WITH
THE CONDITION THAT A PUBLIC HEARING WILL BE HELD BY THE PLANNING
COMMISSION AFTE~ SIX MONTHS OF OPENING OF THE RESTAURANT, TO
REVIEW THE HOURS OF OPERATION.
5. DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 AM AND 7 PM.
THE PROPOSED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS
CONSISTENT WITH SiGNAGE IN THE C3 ZONING DISTRICT AND AS
REPRESENTED ON THE APPROVED DEVELOPMENT PLANS FOR THE PUD.
o
ALL CONDITIONS SET FORTH IN THE PLANNED UNIT DEVELOPMENT
AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART OF THIS PERMIT.
THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE
EXECUTED AND RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
COMMISSIONER DILLON SECONDED THE MOTION.
Steve Ach suggested that neighboring residents are welcome to come to City
Hall fo review the plans and that he would keep them up to date on any
changes that may occur. Commissioner Minton noted Mr. Smith has indicated
he will be available to meet with the neighbors fo discuss their concerns.
Staff report by Gary SchmifT_ Lee Fredrickson is requesting a conditional use
permit fo operate an automobile sales lot along with associated automobile
repair on Lots 8 & 9, Block 2 in the AR-MaN Commercial Park. He proposes fo
relocate his existing car sales lot (Lee's Riverside Auto) on Highway 10. Mr.
Fredrickson has submitted a site plan for a 3.100 square foot building which will
serve as an office/showroom, with an area in the rear of the building for minor
auto repair.
The current users in the Ar-Man Commercial Park consist of Metro Trucking
Gravel(owners of Lots 2, 3, 4, $ and 6, Block 1, and Lots 3 and 4, Block 2), and
River City Council Minuies
August 210 1995
Page 6
9.1/9.2 Vadance and Administrative Subdivision Request by Daniel Hanson, Case No. V
95-06 and AS 95-06, P.H.
Gary Schmitz indicated that Daniel Hanson is requesting a variance to the
minimum lot area and width requirements in the R lc zoning district and an
administrative subdivision of Lot 10 and 11, Block 9, Westwood Subdivision, back
lo its original description. Gary Schmitz reviewed the staff report on both of these
requests. He indicated that the Planning Commission recommended approval of
the variance.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter, Mayor Duitsmon closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE LOT AREA AND WIDTH
VARIANCE FOR DANIEL HANSON BASED ON THE FOLLOWING FINDINGS:
SEVERAL OF THE PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120';
THEREFORE, THIS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION
AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA.
THE APPLICANT CAN SHOW HARDSHIP IN THE FACTOR THAT THIS PARCEL
WAS ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER
WAS EXTENDED PAST THE PROPERTY.
THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE
HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN
KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUEST BY DANIEL HANSON TO DIVIDE LOTS 10 AND 11, BLOCK 9, WESTWOOD
SUBDIVISION INTO TWO SEPARATE PARCELS WITH THE FOLLOWING CONDITIONS:
PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $500 BE PAID TO
CITY PRIOR TO RECORDING.
PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE OF $61.80 BE
PAID TO THE CITY PRIOR TO RECORDING.
GRANT A 5' DRAINAGE AND UTILITY EASEMENT ALONG SIDE AND REAR
PROPERTY LINES, AND A 10' .DRAINAGE AND UTILITY EASEMENT ALONG THE
FRONT PROPERTY LINE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Don Smith, Perkins Restaurant Reaues¢ for o Conditional Use Permit, P.H., Case No.
CU 95-15
City Planner Steve Ach indicated that Dan Smith is requesting a conditional use
permit for site plan review to construct a Perkins Family Restaurant and Bakery
Elk River City Council Minules
August 21, 1995
Page 7
within the Elk River Retail Center Planned Unit Development located at the
norlheast corner of Elk Hills Drive and US Highway 169.
Steve Ach indicated that he and Dan Smith met with some of the affected
property owners to discuss the concerns with the proposed Perkins Restaurant.
Steve Ach reviewed the concerns of the residents along with what action has
been taken to address these concerns:
· The location of the driveway from the restaurant onto Dodge Street.
· The headlights from vehicles either leaving the restaurant or circulating on site.
· Increased traffic on Dodge Street.
· Reslaurant being open 24 hours a day.
· Hours that trucks will be making deliveries to the restaurant site.
· Height of the flag pole.
· Architecture of the building having earth tone colors that will be more
compatible with the residential area.
Steve Ach indicated that the Planning Commission reviewed the requesl and
recommended approval of the conditional use permit to construct a restaurant
with the conditions that were outlined in the staff report. Steve Ach suggested
that the Council add stipulation ¢10, "That additional landscaping be installed
along the east side of the storm drainage pond to minimize the headlight glare
from vehicles towards the residential area and that this landscaping be
completed as pad of Phase I.
Mayor Duitsman opened the public hearing.
Applicant Dan Smith informed the Council that the issue of Perkins being open 24
hours is very impodanf. He indicated he is not in favor of the Planning
Commission's recommendation to allow the 24 hour operation 7 days a week
with a review after six months. He indicated that the investors for the restaurant
are relying on his projections which include a 24 hour operation. Mr. Smith
indicated that he has addressed the concerns of both the city and the
neighbors. Mr. Smith suggested a compromise on the height of the flog pole at
50 feet.
Arian Fuchs, 266 Elk Hills Drive, requested that the Council consider the following:
· The developer complete the berm for the entire length of Dodge Avenue up
to 189th Avenue.
· Suggest moving some of the trees to eliminate glare.
· Suggest eadh tone colors for the building.
· The building be complimentorylo the other buildings in the complex
· The hours of operation be 6 a.m. to 1 a.m. Monday through Thursday. and 24
hours Friday through Sunday and on holidays.
· The flog pole be no more than 35 feet high as the flag pole is a form of
odvedising for the Perkins Restaurants.
Mark Lee, 10734 205th Avenue, indicated that he is in favor of the restaurant
operating 24 hours as it would be an asset to the community. He indicated that
Elk River currently does not have a 24 hour restaurant.
Elk River City Council Minutes Page 8
August 21, 1995
Bob Minton, Planning Commission Representative. indicated that the Planning
Commission is in favor of Perkins operating on a 24 hour basis, but questioned
whether this should be reviewed in six months. Bob Minton also indicated that the
Planning Commission felt that the flag was a means of odvedising and therefore
felt that the height of 35 feet, which is consistent with signage in 1he C3 zoning
district, was appropriate.
Mike Kedrowski, 18837 Dodge Street, expressed his concerns regarding the
location of the ddveway and the headlights shining directly into his home.
Councilmember Holmgren suggested that the City Council review Mr. Kedrowski's
concerns after Perkins has been in operation.
City Engineer Terry Maurer indicated he would be presenting o proposal ia the
Council in the near future to realign Mr. Kedrowski's driveway and that he would
be proposing a turn-around in the driveway by Mr. Kedrowski's garage.
Eleanor Todahl, 280 Evans Avenue, indicated she is in favor of Perkins operating 24
hours as it would be an asset to the city.
Mayor Duitsman indicated that he felt screening should be provided by the
developer and further indicated he felt additional plantings should be provided
across the street. Mayor Duitsman also stated that he was in favor of Perkins
operating 24 hours a day and of the 35 foot flog pole.
Earl Hohlen indicated he concurred with the Mayor.
There being no further comments, Mayor Duitsman closed the public hearing.
Councilmember Holmgren stated that he also concurred with Mayor Duitsman.
Councilmember Farber concurred with the Mayor regarding the 24 hours and
additional screening. Councilmember Farber stated that he was in favor of a 50
foot flag pole rather than a 35 foot flag pole. He stated that a 35 foot flag pole
would be more obtrusive fo the neighbors than a longer flag pole.
Councilmember Scheel indicated that she visited the area and noted that the
traffic in the area at this time is very busy. She suggested installing speed bumps
to slow the traffic down as it exits Peri<ins' parking lot. She further indicated she
had a concern regarding the height of .the flag pole and with Perkins operating
24 hours because the neighbors also have an investment in their property.
Councilmember Dietz indicated' that Peri,ins Restaurant has made many
improvements in their attempt to work with the city and the property owners. He
further indicated he felt Perk:ins should be allowed to be open as a 24 hour
facility. Councilmember Dietz concurred with the Planning Commission regarding
the height of the flog pole at 35 feet. He suggested that Perkins should wor~ with
the neighbors across the street to screen the property.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR
DAN SMITH TO CONSTRUCT A 4,415 SQUARE FOOT RESTAURANT FACILITY WITHIN THE
FIk River City Council Minutes
August 21. 1995
Page 9
ELK RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT WiTH THE FOLLOWING
CONDITIONS:
ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION,
DATED JULY 25, 1775, BE INCORPORATED INTO THE REVIEW PLANS.
COMMENTS FROM THE CiTY ENGINEER IN THE MEMO DATED JULY 17, 1995,
BE INCORPORATED INTO THE REVISED PLANS.
THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF
OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STREET AND ELK
HILLS DRIVE ARE SUBSTANTIALLY COMPLETED.
HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK BECAUSE
THE 24 HOURS AS PROPOSED DOE5 MEET THE REGULAR FIVE STANDARDS FOR
THE ISSUANCE OF A CONDITIONAL USE PERMIT.
DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 A.M. AND 7 P.M.
THE PROPOi;ED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS
CONSISTENT WITH COMMERCIAL SlGNAGE STANDARDS AND THE FLAG
APPROVED HEIGHT FOR THE DEVELOPMENT PLAN IN THE PUD.
o
ALL CONDITIONS SET FORTH IN THE PLANNED UNIT DEVELOPMENT
AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART OF THIS PERMIT.
THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE
EXECUTED AND RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT.
10.
FOUR SETS OF REVISED PLANS WHICH INCORPORATE THE CONDITIONS FOR
APPROVAL BE SUBMI'FI'ED TO THE PLANNING DEPARTMENT FOR REVIEW PRIOR
TO ISSUANCE OF A BUILDING PERMIT.
ADDITIONAL LANDSCAPING BE INSTALLED ALONG THE EAST SIDE OF THE
STORM DRAINAGE POND TO MINIMIZE HEADLIGHT GLARE FROM VEHICLES.
11.
THE DEVELOPER PROVIDE ADDITIONAL LANDSCAPING ALONG THE EAST SIDE
OF DODGE STREET TO MINIMIZE THE GLARE TO THE RESIDENTIAL AREA. THE
LOCATION OF THE LANDSCAPING SHALL BE DONE WITH THE COOPERATION
OF THE RESIDENTS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The Council recessed at 8:40 p.m. and re~onvened at 8:48 p.m.
9.4. Lee Fredrickson Reauest for a Conditional Use Permit. P.H., Case No. CU 95-16
Assistant Planner Gary Schmitz indicated that Lee Freddckson is requesting a
conditional use permit to operate on automobile sales lot with an associated
automobile repair a'} the location of Lot 8 and 9, Block 2, Ar-Man Commercial
Pork. Gary Schmitz reviewed the slaff memo on this request. Gary Schmi~
indicated that the City of Ramsey has some concerns regarding the request. Mr.
Schmitz indicted that the applicant has adequately addressed the City of
THE LARGER OVERSTORY TREES AND CONIFERS THAT ARE PROPOSED WITHIN
THE 30 FOOT EASEMENT ALONG THE EAST SIDE OF THE PROPERTY SHOULD BE
RELOCATED SOMEWHERE ELSE ON SITE.
IT IS RECOMMENDED THAT THREE OF THE OVERSTORY TREES ALONG THE EAST
SIDE COULD BE RELOCATED ALONG THE FREEPORT AVENUE SIDE OF THE SITE.
NO PARKING LOT LIGHTING SHOULD OCCUR WITHIN THE 30 FOOT DRAINAGE
AND UTILITY EASEMENT ALONG THE EAST SIDE OF THE PROPERTY. LIGHTING
WITHIN THIS AREA WILL NOT ONLY BE WITHIN THE DRAINAGE EASEMENT, BUT
ALSO TOO CLOSE TO THE OVERHEAD POWERLINES ALONG HIGHWAY 169.
THE FINAL SET OF PLANS WILL NEED TO SHOW THE CONSTRUCTION LIMITS
ALONG THE NORTH SIDE OF THE PROPERTY. THIS MAY HAVE TO INCLUDE
EXPANDING THE PARKING LOT SLIGHTLY ONTO LOT 4, BLOCK 1 TO AVOID
ANY EROSION WHICH MAY TAKE PLACE BETWEEN THE TIME THAT APPLEBEE'S
RESTAURANT IS COMPLETED AND THE ULTIMATE DEVELOPMENT OF THE FINAL
LOT TO THE NORTH.
ALL LANDSCAPE MATERIAL MUST MEET THE MINIMUM SIZE REQUIREMENTS AS
SET FORTH IN THE ZONING ORDINANCE.
o
A MONUMENT STYLE SIGN WITH A MAXIMUM HEIGHT OF TEN FEET AND SIGN
AREA OF 100 SQUARE FEET BE ALLOWED.
9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT.
CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Staff report by Steve Ach. Pinnacle Foods, L.P. is requesting a conditional use
permit for site plan review to expand the Perkins Family Restaurant and Bakery,.
Perkins is located within the Ell< River Retail Center Planned Unit Development, at
the northeast corner of Elk Hills Drive and Highway 169. The addition will provide
an additional 48 seats, bringing the total to 192 seats. In addition, Pinnacle Foods,
L.P. requests installing a 70 foot high flagpole to replace their existing 35 foot high
flag. Mr. Smith of Perkins is also requesting approval to construct an additional
parking area, if a parking problem arises in the future.
Chair Anderson opened the public hearing.
Arlon Fuchs, 266 Elk Hills Drive, indicated he did not object to the proposed
expansion of the Perkins Restaurant, but requested the Planning Commission deny
the request for the 70 foot high flagpole. He felt 70 feet is too high and felt the
flapping of the buckles could become a problem.
Dan Smith, owner of the Perkins Restaurant at 18833 Dodge Street, explained he
has received hundreds of comments and questions from customers as to why
they have such a small flag at the Elk River location. Mr. Smith provided pictures
Planning Commission Minutes
February 25, 1997
Page 9
of other structures which were approved by the city that are much higher than
the requested 70 ft. flagpole, such as communication towers. Mr. Smith provided
information from a Florida federal court case which granted a car dealership to
display 23 flags. Chair Anderson asked City Attorney Peter Beck whether or not
the city would be violating the restaurant owner's rights for freedom of speech in
denying the request. The City Attorney stated the Planning Commission is not
denying the display of a flag; rather, restricting the height.
Chair Anderson closed the public hearing.
CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMENDED DENIAL
THE REQUEST BY PINNACLE FOODS, L.P. FOR A 70 FOOT HIGH FLAGPOLE TO REPLACE
THE EXISTING 35 FOOT HIGH FLAGPOLE. COMMISSIONER MINTON SECONDED THE
MOTION.
Commissioner Mesich indicated he felt that in accepting a Perkins Restaurant in
the city, the city should accept their request for a large flag, since it is a well-
known tradition of the Perkins Restaurants. He did not feel the city's ordinance
addresses flags as signage. Also, the neighbors were notified of the request and
only one resident has expressed an objection. Commissioner Sullivan expressed
her agreement with Commissioner Mesich.
THE MOTION CARRIED 4-3.
CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL
OF THE REQUEST BY PINNACLE FOODS, L.P. FOR A CONDITIONAL USE PERMIT TO
EXPAND THE PERKINS FAMILY RESTAURANT AND BAKERY. COMMISSIONER MESICH
jj~~/~DED THE MOTION. THE MOTION CARRIED 7-0.
6,5~ Derrick Investment Request for Amendment to PUD A,qreement; PUbliC Hearin,q
Hearinq case NO CU 96~19 ' '~
Staff report by Steve Ach. Derrick Investment is requesting an amendment to the
planned unit development for the Cottages of Elk River, eliminating the residency
requirement of the project's intent to be a housing development for active adults
55 and older.
Roger Derrick, developer of the project, stated market research of their recent
other developments in Eagan, Rochester and Albert Lee has indicated the need
to open residency of the townhome project to all ages. Mr. Derrick explained the
research firm has suggested either eliminating the age restriction or, eliminate the
clubhouse. When surveying potential buyers, the majority favored eliminating
the 55 years and older restriction and keeping the clubhouse. Mr. Derrick stated if
the age restriction were removed, he could not legally turn away people with
children. He noted the development would not cater to families and there would
be no play area. Mr. Derrick also felt the parking issue could be addressed.
Chair Anderson opened the public hearing.
Ellie Kretsch, 11865 193rd Avenue, expressed her disappointment with Mr. Derrick,
stating the residents had worked hard with him to resolve issues which were
based on the fact the development would be for residents 55 years and older.
9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT.
6.5.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0,
Conditional Use Permit Request by Pinnacle Foods LP (Perkins Restaurant), Public
Hearing Case No. CU 97-1
City Planner Steve Ach indicated that Pinnacle Foods, L.P. is requesting a
conditional use permit for an amendment to their planned unit development for
site plan review to expand the Perkins Family Restaurant, to install a 70 foot high
structure (flagpole), and to expand their parking facility. Steve Ach presented
the staff report on this issue. Steve Ach indicated that the Planning Commission
voted 4-3 to deny thc request for the 70 foot flagpole. He indicated that the
flagpole structure is the issue, not the flag.
Mayor Duitsman opened the public hearing.
Jim Church - 19318 Baldwin St. indicated that he was in favor of allowing the 70
foot flag pole.
Arlon Fuchs indicated he was opposed to allowing the 70 foot flag pole as he felt
the flag was used as a means of advertising.
Judy Gesch indicated that she was in favor of allowing the 70 foot flag pole and
stated that she never associated the American Flag with Perkins.
Denny Chuba - 10451 175th Ave indicated he was in favor of approving the 70
flag pole.
Dan Smith, owner of Perkins Family Restaurant submitted a petition to the Council
with 1,433 signatures indicating support of the 70 foot flag pole. Mr. Smith spoke
to the issue of denial of free speech and expression. He also spoke about the
lack of city restrictions on other structures.
Eleanor Todahl, Angel Rid.qe Apartments indicated her support of the 70 foot flag
pole.
Planning Commission representative Judy Thompson indicated that the Planning
Commission voted to approve the expansion and increase in parking. She
indicated that the Planning Commission voted to deny the increase in height of
the flag pole as the Planning Commission felt the flag was used as a means of
advertisement.
There being no further comments, Mayor Duitsman closed the public hearing.
Mayor Duitsman indicated his support of the expansion and increase in parking
but felt the flag was a means of advertising and should be restricted to the height
as stated in the original CUP.
City Council Minutes
March 17, 1997
Page 10
Councilmember Farber stated that it is not the flag that draws him to Perkins and
he does not feel it is a source of marketing. He indicated he is in favor of the 70
foot flag pole.
Councilmember Holmgren stated that the Perkins site already sits 20 feet above
the highway and can be clearly seen from the road. He indicated that he could
support a 50 foot pole but not 70 feet as it would put the flag 90 feet above the
intersection.
Councilmember Thompson indicated that he agrees with Councilmember Farber
in that he does not feel the flag is a representation of advertisement for Perkins.
Councilmember Dietz concurred with Mayor Duilsman and indicated his
opposition to raising,the height of the pole to 70 feet.
The City Attorney indicated that the city is under no legal obligation to allow the
increase in the pole height. He stated that the right to fly the flag is not being
regulated.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY PINNACLE FOODS LP TO AMEND THE PLANNED UNIT DEVELOPMENT
AND EXPAND THE PERKINS RESTAURANT FACILITY BY ADDING AN ADDITIONAL 48
SEATS AND EXPANDING THE PARKING LOT WITH THE FOLLOWING CONDITIONS:
ALL OF THE EXISTING LANDSCAPING DISTURBED AS PART OF THE
CONSTRUCTION BE RELOCATED AND REPLACED.
AWNINGS ALONG THE NORTH SIDE OF THE PROPOSED WALL NOT PROJECT
INTO THE DRIVE AISLE.
ANY PARKING LOT EXPANSIONS REQUIRE SUBMI11'AL OF A SITE PLAN
IDENTIFYING THE SPECIFIC IMPROVEMENTS TO BE MADE.
THE NEW PARKING LOT EXPANSION BE DONE ONLY AFTER AN EXEMPTION TO
THE SUBDIVISION ORDINANCE HAS BEEN COMPLETED WHICH WILL RELOCATE
THE EXISTING LOT LINE, ALLOWING PERKINS TO PURCHASE ADDITIONAL
PROPERTY.
THE PARKING LOT IMPROVEMENTS MEET ALL OF THE CITY'S PERFORMANCE
STANDARDS SUCH AS CURB AND BITUMINOUS SURFACING.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO DENY PINNACLE FOODS, LP'S REQUEST TO
INSTALL A 70 FOOT HIGH STRUCTURE {FLAGPOLE) BUT TO ALLOW A 50 FOOT HIGH
STRUCTURE (FLAGPOLE) BASED ON THE FACT THAT CUB FOODS HAS INSTALLED A 50
FOOT FLAG POLE. THE MOTION TO DENY THE 70 FOOT STRUCTURE IS BASED ON THE
FOLLOWING:
City Council Minutes
March 17, 1997
Page 11
6.6.
THE CONCEPT PLANS FOR THE ELK RIVER DEVELOPMENT PUD WERE
APPROVED WITH BUILDING HEIGHTS, SIGNAGE AND OTHER STRUCTURES, I.E.,
FLAGPOLES, REDUCED IN HE!GHT TO MINIMIZE THE IMPACT TO THE
RESIDENTIAL AREA TO THE EAST.
THERE WAS PUBLIC OPPOSITION TO A FLAGPOLE EXCEEDING 35 FT. IN
HEIGHT AT BOTH THE PLANNING COMMISSION MEETING ON JULY 25, 1995,
AND THE CITY COUNCIL MEETING ON AUGUST 21, 1995.
AS A GUIDELINE TO APPROVING THE 35 FOOT HIGH FLAGPOLE, THE
MAXIMUM SIGN HEIGHT IN THE C3 (HIGHWAY COMMERCIAL) DISTRICT WAS
REFERENCED.
GIVEN THE LOCATION OF THE ELK RIVER RETAIL CENTER PUD AND ITS
ELEVATION ,~BOVE THE HIGHWAY AND PROXIMITY TO THE RESIDENTIAL,
HEIGHT RESTRICTIONS AND OTHER MEASURES TO MINIMIZE THE IMPACT TO
THE RESIDENTIAL AREA WERE TAKEN INTO CONSIDERATION AS PART OF THE
PLANNED UNIT DEVELOPMENT.
THERE ARE NO .SUBSTANTIAL CHANGES IN THE CONDITIONS OF THE SITE
WHICH WARRANT AM~:NDING PREVIOUS ACTION BY THE PLANNING
COMMISSION AND CITY COUNCIL
COUNCILMEMBER DIETZ SECONDED THE MOTION.
Councilmember Farber stated that the petition with over 1,000 signatures is a loud
declaration of what the people feel and indicated that he does not want to see
a compromise.
THE MOTION CARRIED 3-2. COUNCILMEMBER THOMPSON AND COUNCILMEMBER
FARBER OPPOSED.
Derrick Investment Request to Amend PUD to Allow a Townhouse Project with no
Residency Restrictions P 96-9
City Planner Steve Ach indicated Derrick Investment has made a request to
amend the PUD agreement for the Cottages of Elk River eliminating the 55 year
residency requirements. Steve Ach stated that the developer has requested to
table this item until April 21 so as to have more time to review the options.
Mayor Duitsman opened the public hearing.
Mayor Duitsman stated that the Council will take no action on the request until
the neighboring residents are notified.
Judy Gesch - 191't Ave. - requested the Council to think about the increased
density of traffic and people if the age restriction is lifted.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL APRIL 21,
1997 AT 6 PM AT THE ELK RIVER CITY HALL. COUNCILMEMBER FARBER SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
RESOLUTION #1995-313
A RESOLUTION DENYING THE REQUEST OF L & W DESIGN
AND DEVELOPMENT FOR A SIGN HEIGHT VARIANCE ~ A FLAG
POLE HEIGHT VARIANCE AT COUNTY ROAD 81 AND 4TH STREET
(#95-168.22)
WHEREAS, Section 356.30, Subd. 4 of the Brooklyn Park Code of
Ordinances establishes a maximum sign height of 25 feet in the B-3
Zone, and the applicant has requested a variance to allow a sign
height of 35 feet, and
WHEREAS, Section 356.20, Subd. 14 of the City Code allows for a
flag pole height not to exceed the maximum allowed height of the
building, which would be 45 feet in the B-3 Zone, and the applicant a
has requested a variance to allow a flag pole height of 70 feet, and
WHEREAS, the applicant, L & W Design and Development, is acting
on behalf of persons developing a Perkins Restaurant on the property
located along County Road 81 and adjacent to the City of Osseo, and
WHEREAS, the applicant has argued that other businesses in ~he
City of o~meo along the Highway Bi corridor have signs with heights
ranging from 35 to 40 feet and they feel they need the higher sign
height so there will be visibility, and she applicant further
indicates that they feel the proper sign height is something which is
very important to their business in order to allow their customers to
locate them, and further argue that a height of 35 feet would still
allow the neighboring signs to be visible, and argue that if they use
a 25 foot level they will affect the visibility.of three of their
neighboring businesses, and
WHEREAS, the City staff has reviewed the applicant's arguments
for the variance and does not believe that signs in the adjacent
communities create a special circumstance which satisfies the findings
required under the Brooklyn Park City Code to allow a variance, and
WHEREAS, the City staff believes that the property in Brooklyn
Park is sufficiently separated from the Osseo businesses so that the
size and height of the signs will not warrant a variance, and further
that =his site is open and have good visibiliEy from both County Road
81 and Trunk Highway 169, and
WHEREAS, the City staff has called to the attention of the
Planning Commission and the City Council that the granting of a
variance of this nature would adversely affect the City's ability to
control sign height for other businesses being located in this new
development in Brooklyn Park, and that in essence if they allow one
higher sign, it will mean that in order ~o provide equal protection,
like sign height variances would have to be granted to other
businesses in the area, and the whole purpose of the limitations set
forth in the sign ordinance would be defeated, and
$1995-313
WHEREAS, the applicant argues that Perkins Restaurants throughout
the metropolitan area and throughout the country have used a large
American flag on a Perkins flag pole of 70 feet as a symbol of
American heritage and pride, and have in effect argued that the
American flag has become a part of Perkins' trademark and a syTnbol of
their organization, and they argue that the flying of the American
flag is a positive symbol of American spirit and pride, and
W~EREAS, the City staff has pointed out to the Planning
Commission and the City Council that the request of a variance from 45
feet to 70 feet for a flag pole does not meet the requirements for
granting a variance as contained in the City Code, since there are no
special circumstances affecting this property that would warrant a 25
foot variance and it would be in direct contrast to the intent of the
ordinance, and
WHEREAS, if the City Council were to grant a variance to 70 feet
for this particular organization, the other businesses in the area and
in the City of Brookl2~ Park could also make the same argument that
the flag is something that they fly as a symbol of American spirit and
pride, and in essence each party could continue to raise the limit to
ou=-do their neighbors, and
WHEREAS, the company in effect is arguing that the flag is a part
of their signage, but they argue that the flag is not a sign and
=herefore should not be subject to any of the limitations placed on
signs, and
WHEREAS, the Brooklyn Park Planning Commission met on September
13, 1995, and has unanimously recommended to the City Council ~ha~ the
variances for the sign height and the flag pole height should be
denied for the reasons set forth in the staff report, and because no
findings can be made that justify a variance in this case,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BROOKLYN PARK, AS FOLLOWS:
1. The application of L & W Design and Development (Perkins)
for flag pole and sign height variances for property located at
County Road 81 and 4th Street is hereby denied for the following
reasons:
a o
There are no special circumstances which satisfy the
requirements set forth in the ordinance to allow a variance
from the standards set forth for all properties in the City.
The fact that there are higher signs in the City of Osseo
does not justify raising the signs in the Ci%y of ~rooklyn
Park, since they are separated by a distance, and the area
is open and the signs are very visible to the motoring
public.
To grant variances, there should be an exceptional or
extraordinary circumstance which applies, and special
circumstances over which the owner of the properuy has no
control, and other conditions or circumstances which do not
#1995-313
result from the actions of the applicant, but in this ca~e
there is no evidence of special circumstances or special
standards that would warrant the granting of a variance.
d o
The Council finds that the granting of the variance would
confer on the applicant special privileges that are denied
by the Code of Ordinances to other owners of land in the
same commercial district or in other commercial districts
within the City of Brooklyn Park.
2. The granting of the variance would be detrimental to the
public welfare and injurious to other properties in the commercial
areas, since no hardships or special circumstances have been shown to
the owner of this property, other than a desire to obtain a commercial
advantage over other allowable signs for other businesses.
3. The Council further finds that the applicant's ambivalent
position on whether the American flag is a part of their trademark and
a symbol of their organization, and therefore a part of the sign, or
a matter of public spirit, is a legal argument that need not be
determined in this particular case. If the applicant maintains the
sign height of other flag poles allowed in the City, the size of their
flag should not be considered a part of the actual signage.
4. The Council further finds that if general standards and
requirements are waived or relaxed for one property owner, other
property owners have the right to ezpect the same type of treatment or
their constitutional rights would be adversely affected by failing to
apply the equal protection rules of the constitution for all citizens.
The foregoing resolution was introduced by Councilmember Enge and duly
seconded by Councilmember Eder.
The following voted in favor of the resolution: Arbogast, Eder, Enge,
Feess and Schulte,
The following voted against: Gustafson.
The following were absent: None.
Whereupon the resolution was adopted.
ADOPTED: OCTOBER 9, 1995
G C EARBOGAST
~1995~313
PERKINS RESTAURANTS
· VARIANCE NARRATIVE / FLAG POLE
FINDINGS
1) PERKINS RESTAURANTS THROUGHOUT THE METRO AREA AND
COUNTRY HAVE USED THE LARGE AMERICAN FLAG ON PERKINS
STANDARD 70 FOOT FLAGPOLE AS A SYMBOL OF AMERICAN HERITAGE
AND PRIDE. THE AM_ERIC, AN FLAG HAS BECOME A PERKINS TRADEMARK
& SYMBOL OF THEIR ORGANI?AT~ON. yVE FEEL THAT THE FLYING THE -'
~-AMEI~ICAN FLAG IS A POSITIVE sYMBOL OF AMERICAN SPIRIT AND
PRIDE,
2) THE LARGE AMERICAN FLAG AS MENTIONED IN THE PREVIOUS
PARAGRAPH IS A WELL KNOWN SYMBOL OF ALL PERKINS FAMILY
RESTAURANTS & PERKINS AMERICAN PRIDE.
3) THE FLAG POLE IS LOCATED & DESIGNED ON THE SITE TO PROPERLY
PROTECT ANY ADJACENT PROPERTIES AND EXCEEDS THE REQUIRED
FALL RADIUS OF THE POLE SO PERSONS OR PROPERTY ARE NOT
ENDANGERED. THE FLAG WILL HAVE NO ADVERSE EFFECTS OR IMPACT
ON TRAFFIC ON ANY PUBLIC STREETS.
4) THERE IS NO APPLICABLE FLOOD PLAINS TO BE DEALT WITH IN THIS
MATTER.
5) WE FEEL THAT THE GRANTING OF THIS VARIANCE WILL NOT
ADVERSLY AFFECT ANY PERSONS OR PROPERTIES BECAUSE THE FLAG
IS THE SYMBOL OF ALL AMERICANS PRIDE. IT IS OUR BELIEF THAT THE
ORDINANCE WAS INTENDED FOR THE PURPOSE OF CONTROLLING FLAG
POLES DESIGNED TO FLY COMPANY OR ADVERTISING FLAGS.
~'d ~00:60 Z6-6I-~0 I6£8 £6~ E%9 :'ON X~ ~ad N&qN00a8 ~ ^£I3 :W0a~
FROM CITY OF CHRNHR$$EN
ZONINO
86.82.1997 15:55
P. 2
0-1505
~ Bee,' 20.150S. Highway, general business dimtriots and oentral business.~l~.e.distrtots.F ~ i~N~ ~-~;'% ~
The following table lists the standards for freestanding and ground low profile sips in the
BH, BO, or OBD sene.
Pylon Oround Low Profile
,~ l¥irwipal Sign Size Height Sign Size
Strucgu~ (f~et) (squar~ f~t) (feet) (squar~
~m~ ~h~ 50,000 sq. R. 16 ........ ~ ~ 8 ' 64
..~ co. dore only. One (1) pylon idontiflca~on 8i~ shell be pormt~, ~is st~ may
~ iden~ ~e n~e of~e ~n~r of~e m~or ~n~. ~e height ~d square footage of
~d square f~ge of the mi~ mh~l ~ based on ~e table above. Such ,i~m sh~l be
l~d at least t~ h~dred (3~) f~t ~om a~ other pylon or ~o~d si~ ~d at
least ~n (10) feet from ~ p~pe~y line.
(3) Wall bust~ff signs. Wall bus.ess s~s sh~ be ~rmit~d on street ~ntage for each
b~iness ~cup~t ~tMn a building o~y. %e ~1 of all wall moun~d 8t~ ~splay
~eas for each busings shall not exce~ ~e aquae footage established ~ the follo~g
table:
Maximum Per~ntags Maximum Squar~
of Wall Wall Ar~a in S~iuare Fsst F~t~f of S~n
15~ ~00 90
18~' 601--1,200 156
11~ 1,201--1,8~ 198
9% 1,801--2,400 216
7~ 2,401~,200 224
6~ 8,201~,5~ 230
8~ 4,50~ 240
(4)
Menu board. One (l) menu board slim per remtaur~mt use is permitted with,a
drive-through facility. Such sign shall not exceed forty-five (45) square feet in size nor
greater than eight (8) feet in height. Such sign is permitted in addition to any other
sign permitted in tho zoning district.
8upp. No. 9
1271
FROM CITY OF CHANHASSEH
Restaurant
95-2
~une 7, 1995
PC Update June 30, 1995
Page 13
06.02.1997 15:54
Construction access to the parcel shall be from the extstin~ Target/lrlveway and not
West '/Sth Street or Powers Boulevard. The appllcant and/or contractor shall install
and maintain a gravel construction entrance until the access driveway is paved with a
bituminous surface.
Trash enclosures shall be architecturally compatible with and of the same materials as
the principal structure. Trash enclosures shall also be vegetatively screened from all
right-of-ways.
The landscape plan needs to be revised as follows: add three red oaks on the west
side of the parking lot, add one hackberry in the southwest corner of the parking lot,
and add one black hills spruce te screen dumpster area; revise plant schetlule to
specify 4 skyline honey locust, 3 sugar maple, 4 black hills spruce, and 12 clavey's
dwarf honeysuckles; delete red splendor crab (unless used for foundation planting),
delete spring snow crab (unless used for foundation planting), delete colorado green
spruce, jackman potentilla (unless used for foundation planting), and delete
snowmound spirea (unless used for foundation planting); and provide foundation
plantings per city code. The applicant shall install an aeration/irrigation tubing, see
figures I 1-2, in each peninsular or island type landscape area less than l0 feet in
width.
The applicant is permitted wall signs on only two walls per building up to a maximum
of 1 $ percent of the wall area. Only one pylon sign is permitted for the three lots.
Each parcel may have an individual monument sign on their lot. The applicant shall
incorporate individual dimensioned letters within the development. Monument and
pylon signs shall be a minimum of 10 feet from the property line. No backlit
awnings shall be permitted. No brightly colored striping or bands shall be permitted.
The maximum size of the flag shall be limited to 80 square feet. In addition, the flag
pole location shall comply with sign placement limitations.
11.
One additional "No Parking - Fire Lane" sign must be placed on the north side of the
building. In addition, where "No Parking Fire Lane" signs are installed, curbing must
be painted yellow. This should be indicated on the overall site plan. Also, a l0 foot
clear space must be maintained around all fire hydrants.
12.
The applicant must provide for a roof access stair complying with MSBC 1300.4500.
This revision to the plans must be made before issuing building permits.
P.
EXCERPT FROM "OUR FLAG"
[ember of Congress. As used in
ns th,. position of the flag
Lce between the top and
.ilitary department" means
as 101 and ]02 of title 5,
agress" means a Senator, a
:he Resident Commissioner
a casket, it should be so placed
~ver thc left shoulder. The flag
:rave or allowed to touch the
~cross a corridor or lobby in a
:e, it should be suspended verti-
~e observer's left upon entering.
.ain entrance, the flag should be
:r of the corridor or lobby ~vith
~ccs are to the east and west or
.~e north and south. If there are
ons, the union should he to the
the of the United States
~ed to any person or thing. Reg-
aization or instituti'onal flags are
isplayed with the union down,
instances of extreme danger to
lnything beneath it, such as the
adise.
arricd flat or horizontally, but
as wearing apparel, bedding, or
ed, drawn back, nor up, in folds,
unting of blue, white, and red,
~e, the white in the middle, and
covering a speaker's desk, drap-
er decoration in general.
(e) The flag should never be fastened, displayed, used, or stored
in such a manner as to permit it to be easily torn, soiled, or dam-
aged in any way.
(fi The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on any part of
it, nor attached to it any mark, insignia, letter, word, figure, design,
picture, or drawing of any nature.
(h) The flag should never be used as a receptacle for receiving,
!lding, carrying, or delivering anything.
i) ~e flag shotfld never be used for advertising pt~rposes'in
nner whatSOever,. It should not be embroidered on such articles
as eu'shions or handkerchiefs and the llke, printed or otherwise im-
pressed on paper napkins or boxes or anything that is designed for
temporary use arid discard. Advertising signs should not be fastened
to a staff or halyard from which the flag is flown.
(j) No part of the flag should ever be t~sed as a costume or athletic
uniform. However, a flag patch may be affixed to the uniform of
military personnel, firemen, policemen, and members of patriotic
organizations. The flag represents a living country and is itself con-
sidered a living thing. Therefore, the lapel flag pin being a replica,
should be worn on the left lapel near the heart.
(k) The flag, when it is in such condition that it is no longer a
fitting emblem for display, should be destroyed in a dignified way,
preferably by burning.
§177, Conduct during hoisting, lowering or passing of flag
During the ceremony of hoisting or lowering the flag or when
the flag is passing in a parade or m review, all persons.present
except those in uniform should face the flag and stand at attention
with the right hand over the heart. Those present in uniform
should render the military salute. When not in uxiiform, men should
remove their headdress with their right hand and hold it at the left
shoulder, the hand being over the heart. Aliens should stand at at-
tention. The salute to the flag in a moving column should be ren-
dered at the moment the flag passes.
§178. Modification of rules and customs by President
Any rule or custom pertaining to the display of the flag of thc
United States of America, set forth herein, may be altered, modi-
fied, or repealed, or additional rules with respect thereto may be
prescribed, by the Gommander in Ghief of the Armed Forces of the
United States, whenever he dec,ns it to be appropriate or desirable;
and any such alteration or additional rule shall be set forth in a
proclamation.
(19)
ITATION
:eremon¥ should be preceded
trance of the occasion. Follow.
tfld salute the flag, recite the
tonal anthem.
~E FLAG
hold thc flag waist high and
led, length~viso, over the blue
~getk.,, securely.
~lde,. _dgc to open edge.
g the length of the flag, from
~e striped' corner of tho folded
:l parallel with thc open edge,
:il the entire length of thc flag
lded only the triangular blue
CARE OF YOUR FLAG
The life of your flag depends on your care. Dirt can cut fabrics,
dull colors, and cause wear. Most outdoor flags can be washed in
mild detergent and thoroughly rinsed. Indoor and parade flags
should bo dry-cleaned. Many dry cleaners offer free clcanihg of U.S.
flags during the months of June and July. Damaged flags can be re-
paired and utilized as long a~ the overall dimensions are not notice-
ably altered. American Legion Posts and local governments often
have facilities to dispose of unserviceable flags. Store your flags in a
well ventilated area away from any harsh chenfical~ or cleaning
compounds. If your flag gets wet, zlever store it until it is complete.
ly dry. Wet folds cause permanent creases. I)ampncss ruins fabric
and causes mildew. Pole cure is also related to flag care. Rust and
scale cause permanent stalin and some metallic oxides actually cat
holes in fabric.
SIZES OF FLAGS
siz~ of the flag is determined by the exposed height of the
flagpole from which it is flying. The only consideration is for the
flag to be in proper proportion to its pole. Flags which fly from
angled pol~s on homes and those which are displayed on standing
poles in officos and other indoor displays arc usually either 3' x 5' or
4' x 6'. Color guards usually carry flags measuring 4' x 6'. Other rec.
ommended sizes are shown in tho following table:
g0 ..........................................................................
~ .......................................................................... 5x8
40 .......................................................................... 0 x 10
60 ....................................................... :.....~ ............ 10 · tS
70 .......................................................................... 12 · 18
O0 .......................................................................... 18 ,, 2.~
1~, ........................................................................ 20~30
200 ........................................................................ 30x4o
250 ........................................................................ 40·gO
(21)