HomeMy WebLinkAbout19681104_regularI MINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
MONDAY, NOVEMBER 4, 1968
ROLLCALL was answered by Councilmen Courtney, Shaw, Johnson and VanValkenburg
sho served as Mayor Pro Tern in the abgence of Mayor Bredesen.
LOUKAS M. ANGELUS RECOGNIZED UPON COMPLETION OF COURSE.
Valkenburg recognized the achievement of Mr. Loukas M. Agnelus in completing
a course offered by the American Institute of Real Estate Appraisers.
ORDINANCE NO. 261-174 ADOPTED iT SECOND READING.
request of Mr. E. G. Thernell for R-2 zoning of property located at Gleason
Road at Vernon Avenue, for second reading.
man Johnson offered Ordinance No. 261-174 for Second Reading and moved its
adoption as follows :
Mayor Pro Tem Van
Mr. Hoisington presented the
No comments being heard, Council-
ORDINANCE NO. 261-174
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING AN ADDITIONAL R-2
MULTIPLE RESIDENCE DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 1, Multiple Residence District Boundaries of
Section 4 (Multiple Residence District) of Ordinance No. 261 of revised
ordinances of the Village of Edina, is 'hereby amendhd'by adding the following
sub-p ar agr aph :
Di s tric t R- 2 :
"(48) Lots One (1) and Thirty (30) , Block <Three (3),
and Lots One'(1) and !Cwenty-Six (26)', Block
Two (2) , Killarney Shores Addition"
Section 2. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Motion for adoption of the resolution was se
rollcall there were four ayes and no nays an
ATTEST :
NORTHERN STATES POWER POLICIES QUESTIONED BY MINNEAPOLIS HOME BUILDERS ASSOCIATION.
Mr. Hyde called attention of Council to a letter received from the Minneapolis
Home Builders Association, calling attention to certain Underground Residential
Districution policies of Northern States Power which the Association feels should'
be eliminated. The Village was asked to assist in working to eliminate these
procedures. Following some discussion, Councilman Johnson's motion that the *
letter be acknowledged and that the matter be taken under advisement for further
study was seconded by Councilman Shaw and carried.
PETITION RECEIVED for watermain to serve Ridgeway Road, Westridge Blvd., and High-
land Road was presented and ordered referred to the Engineering Department for
processing by motion of Councilman Courtney, seconded by Councilman Shaw and
carried.
M AND JAY TRUCKING COMPANY, INC. OPERATIONS REMOVED. Mr. Hoisington advised
Council that M &Jay Trucking Go., Inc., had ceased operations at 707 Washington
Avenue South, as requested by the Village.
ARNESON PLAT APPROVAL HEARING DATE SET for November 18, 1968, by motion of Coun-
cilman Johnson, seconded by Councilman Shaw and carried.
SIGN ORDINANCE 61C ADOPTED AT SECOND READING.
ance 61C for Second Reading.
Mr. Robert Naegele, representing Naegele Sign Company. Discussion ensued rela-
tive to the opinion of the Village Attorney which had advised that the proposed
ordinance is in all likelihood constitutional with the possible exception of
Section 4, which limits Billboards to certain areas temporarily zoned as excav-
ation districts.
should be re-evaluated when that decision is handed down.
discussion, Councilman Courtney offered Ordinance 61C for Second Reading and
moved its adoption as follows:
Mr. Hoisington presented Ordin-
Sketches of double-faced signs were presented by
Mr. Whitlock noted that a case pending in the Supreme Court
may have some bearing on this issue and that this section of the ordinance I Following considerable
, 29.3
11/4/68
ORDINANCE NO. 61C
AN 0RDINANCE.REGULATING AND REQUIRING
PERMITS FOR SIGNS, IMPOSING A PENALTY '
AND REPEALING ORDINANCE NO. 61B -
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Purpose and Intent. The purpose of this ordinance is to protect
and promote the general welfare, health, safety and order within the Village
of Edina through the establishment of a comprehensive and impartial series of
standards, regulations and procedures governing the erection, use.and/or
display of devices, signs or symbols serving as visual communicative media to
persons situated within or upon public rights-of-way or properties.
The provisions of this ordinance are intended to-encourage creativity,
a reasonable degree of freedom of choice, an opportunity for effec.tive com-
munication, and a sense of concern for the visual amenities on the part of
those designing, displaying or btherwise utilizing needed communicative media
of the types regulated by this ordinance; while at the same time, assuring
that the public is not endangered, annoyed or distracted by the unsafe, dis-
orderly, indiscriminate qr unnecessary use of such communicative f-acilities.
See,. 2. Definitions. -
(a) "Accessory Si-gn""me.ans a sign relating in its subject matter to
the premises on which it is-located, or to-products, accommodations, services
or activities on the gremises on which it is located.
(b) "Accessory Use'? means a use which is subordinate to the principal
use being made of a parcel of land. Accessory 'Ltses are defined in the Zoning
Ordinance.
written or in numeric form.
ifies the name of a neighborhood, a residential subdivision, a multiple resi-
dential complex consisting of three or more structures, a shopping center of
area, an industrial area, an office complex consisting of three or more struc-
tures or any combination of the above that could be termed an area.
semble flags and are of a non-permanent gaper, cloth or plastic-like consist-
ency.
(f) "Bench Sign" means a sign which is affixed to a bench at a bus
stop.
(g) tlChurch directional Sign"' means a sign which bears the address
and/or name of a church and directional arrows pointing to a church location.
(h) "Canopy and Marquee" means a rooflike structure projecting over
the ,entrance to a theater, store, etc.
(i) "District" refers to a specific zoning (district as defined in the
Zoning Ordinance.
(j) "Free-st-anding Sign" means a sign which is placed in the ground
and not affixed to any part .of any structure.
(k) "Governmental SignG' means a sign which is erected by a governmental
unit fir the purpose of directing or guiding traffic.
(1) "Illuminated Sign" means any sign which is illuminated by an arti-
ficial light source.
(m) "Institutional Sign" means any sign or bulletin board which ident-
ifies the name and other characteristics of a public pr private institution on the site where the sign is located.
moving parts.
name and/or address of the occupants of the building.
(c) . "Address Sign" means postal identification numbers only whether
(d) "Area Identification SighLr means a free-standing sign which ident-
(e) trBannerse and Pennants's' mean attention-getting devices which re-
(n)
(0)
(p)
(4)
"Motion Sign" means any sign which revolves, rotates or has any
"Nameplate or Identification Sign" means a sign which bears the
Won-Accessory Sign" means a signs other than an accessory sign.
"Nonconforming Sign" means a sign which lawfully existed prior to
the adoption of this ordinance but does not conform to the newly enacted re-
quirements of this ordinance.
location to another which is not permanently attached to the ground or any
structure .
(s) "Projecting Sign" means any sign, all or any part of which extends
over public property more than twelve inches.
-(t) "Permanent Sign" is any sign which is not a temporary sign.
(u) "Roof Sign" means any sign erected upon or projecting above the
(v) "Sign" means any letter, word or symbol, device, poster, picture,-
(r) "Portable Sign" means a sign so designed as to be movable from one
roof line of a structure to which it is affixed.
statuary, reading matter or representation in the nature of an advertisement,
announcement, message, or visual communication whether painted, posted, printed,
municative purposes.
affixed or constructed, which is displayed outdoors for informational or com- /
"294
J 11/4/68
(w) "Sign Area" means that area within the marginal lines of the surface
which bears the advertisement, or in the case of messages, figures, or symbols
attached directly to any part of a building, that area which is included in the
smallest rectangle which can be made to circumscribe the message, figure or
symbol displayed thereon. The stipulated maximum sign area for a free-standing
sign refers to a single facing.
(x)
or more streets.
such frontages.
limited period of time.
Section 3, and Section 5 (e) (2), and pennants, banner, paper and other similar
types of signs.
property by the owner of such property for the purpose of guiding vehicular and
pedestrian traffic.
"Street Frontage" refers to the proximity of a parcel of land to one
An interior lot has one street frontage and a corner lot two
xy) "Temporary Sign" means a sign which is erected or displayed for a
Such temporary signs shall include those listed in
(z) "Traffic Directional Sign" means a sign which is erected on private
Such sign bears no advertising information.
(aa)
-Section. 3. General Prwidions Applicable to all Districts
(a)
cept in areas specially defined in this ordinance.
shall be permitted only in the (3-2, C-3, PC-2 and PC-3 Commercial Districts
according to the requirements set forth for those districts.
that they shall be safe and substantial, provided that nothing in this ordinance
shall be interpreted as authorizing the erection or construction of any. sign not
now permissible under the zoning or building ordinance of the Village.
matter .
light shall be permitted except one giving time, date, temperature, weather, or
similar public service information. The Building Inspector in granting permits
for illuminated signs shall specify the hours during which the same may be kept
lighted when necessary to preveht the creation of a nuisance. All illuminated
signs shall have a shielded light source.
placed within any street right-of-way or upon any public easement.
highway regulatory or warning sign, or of any traffic sign or signal, or of any
crossroad or crosswalk, will be issued only if:
(1)
pedestrians to see any street or highway sLgn, or any traffic sigh or signal,
or any crossroad or crosswalk, and
(2) The sign will not distract drivers nor offer.any confusion
to any street or highway sign, or any traffic sign or signal.
Roof signs are prohibited4.n all districts.
Banners, pennants and whirling devices or any such sign resembling the
same are prohibited from use within the Village except when used as an integral
part of the design of a building or when used in conjunction with grand openings
(the initial commencement of business). In the case of grand openings, banners
and pennants shall be allowed for the week or part thereof of said grand opening.
On the Monday following such opening, all such displays shall be removed.
Campaign signs posted by a bona fide candidate for political office or
by a person or group promoting a political issue or a political candidate may be
placed in any district subject to the requirements of that district..
may be posted for a period not to exceed 60 days and shall be removed within seven
days following the date of the election.
One temporary identification sign may be installed upon a construction.
site in any district denoting the name of the architect, engineer and contractor,
provided such sign does not exceed 80 square feet in area.
Temporary real estate signs may be erectea for the-purpose of selling
or promoting a residential project of 10 or more dwelling units or any nonresi-
dential project provided:
"Wall Sign*' means any sign which is .affixed to a wall of any building.
Non-accessory free-standing signs are prohsbited in all disbricts ex-
Non-accessory wall signs
(b) All signs shall be constructed in such a manner and of such material
(c)
(d)
No sign shall contain any indecent or offensive picture or written
No illuminated sign which changes in either color or in intensity of
(e)
(f)
No sign other than governmental signs shall be erected or temporarily
A permit for a sign to be located within 50 feet of any street or.
The sign will not interfere with the ability of dfivers and
(g)
(h)
. (i)
Such sign
.(j)
8 (k)
(1)
(2)
upon which the property abuts,
pleted, sold or leased, and
pre-existing residence. I c
or buildings shall be permitted, provided:
property and 32 square feet for nonresidential property.
such signs shall not exceed 100 square feet in area,*
only one such sign shall be permitted per street frontage
- (3) such signs shall be removed when the project is 80% com-
(4) such signs shall be located no closer than 100 feet to any
c (1) Temporary signs for the purpose of selling or leasing individual lots
I - (1) such signs shall not exceed six square ifeet for residential
11/4/68
(2) only one such sign is permitted per street fr
which the property abuts,
ntage up n
--
(3) such sign-shall be removed within, seven days following
lease or sale.
the
(m) Any free-standing sign within 25 feet of any intersection of street
right-of-way lines and/or driveway entrances shall have a minimum vertical
clearance of ten.feet above the centerline of the pavement.
wall sign shall not. exceed twice the permitted area of a single-face sign.
(n)
(0)
(p) Motion signs are prohibited in all districts.
(4) R-1 District.
(r)
Projecting wall signs shall be permitted only in Commercial Districts provided
the total sign area goes not exceed ten square feet per facing.
The total sign area of any multi-faced free-standing or projecting
Traffic directional signs shall not exceed six square feet in area.
No portable signs shall be permi,tted except address signs-in the -
No free-standing projecting signs shall be permitted in any district.
(s)
(t)
(u)
One addrgss sign shall be required per building in all districts.
Bench signs shall be permitted only at bus stops and shall not be
Church directional signs shall be permitted in a11 districts pro-
permitted in residential districts.
vided the total area of such signs shall not exceed four square feet per
facing.
the structure towhich they are accessory.
or marquee but such structures shall not be considered as part of the wall
area and thus shall not warrant additional sign area.
visible from outside of said building shall be exempt from the provisions of
this ordinance and shall not require permits or payment of gees.
(v) Canppies and marquees shall be considered to be an integral part of
Signs-may be attached to a canopy
(w) Signs which are located on the interior of a building and are not
Sec. 4. Special Regulations. Temporary Nonaccessorp-Free Standing
- -Signs. Nonaccessory signs shall be permitted on a temporary basis.on the
following described property.subject to all of the requirements herein set
forth: ICThe West 120 feet of Section 32, Township 28, Range 24 except the
north 1320 feet thereof."
. (a) Maximum Height: 20 feet. - - I -
(b) Maximum Sign Area:
(c) Minimum Distance Between Signs: 500 feet.
(d) Minimum Setback From Street Rightef-Way Lines: 25 feet.
(e) Distance From Street Intersection: Not closer than 500 feet to the
intersection of two or more streets or highways, such distance being measured
from the intersection of street or highway centerlines.
struction: Not closer than 500 feet to any residential structure, any publicly-
owned land, or any other use or structure permitted in any residential district.
When any structure is built in a residential district within 500 feet of a tem-
porary non-accessory sign, such sign shall be immediately removed upon occupancy
of such structure. Furthermore, such temporary non-accessory sign shall be
removed when the parcel occupied by such sign is rezoned from its present R-1
Residential District classification and when either of the following conditions
exist: -
(1) upon which the sign stands, or
(2) A building is built and occupied on a lot, tract or parcel
abutting France Avenue which is immediately adjacent to the lot, tract or
parcel upon which the sign stands.
all districts, the following signs are permitted in each specific district and
shall be regulated as to size, location and character according to the require-
ments herein set forth:
300 square feet per facing and not to exceed
two facings. Double-faced signs shall be attached back. to back. I
(f) Proximity to Uses Permitted in Residential Districts and New Coni
A building is built and occupied on the lot, tract or parcel
Sec. 5. District Regulations. In addition to those signs permitted in
(a) R-1 and R-2 Residential Districts.
(1) Nameplate Signs: One sign for each dwelling unit, not greater than
(2) Institutional and Recreational Signs: One sign or bulletin
two square feet in area, indicating the name and/or address of the occupant.
board per street frontage for a church, a public institutional use, or a rec-
reational use in the R-1 District. Such sign or bulletin board shall not ex-
ceed 24 square feet in area nor-shall it be placed closer than ten feet to any
street right-of-way line.
ceed 24 square feet in area.
(3) ,Area Identification Signs:
(4) Temporary Signs: Refer to Section 3.
One sign per development not to ex-
(b). Multiple Residential Districts R-3, R-4, and R-5.
f 11/4/68
(1) Identification Signs: One identification sign or symbol per building
not greater than six square feet in area, provided, such sign is attached flat
against a wall of the building.
ment, providing such sign does not exceed 24 square feet in area, and further
provided, such sign is placed no closer than ten feet to any street right-of-way
lines.
(3) Institutional Signs: One sign per street frontage identifying an
institutional camplex within a multiple residential district (convalescent,
nursing, rest or boarding care homes).
feet in area nor shall it be placed closer than ten teet to any street right-
of-way line.
; (2) Area Identification Signs: One area identification sign per develop-
Such sign shall not exceed 24 square
., (4) Accessory Use Signs: Signs identifying uses accessory to a multiple
residential development shall not be visible from the outside-of the building.
(5) Temporary Signs: Refer to Section 3.
(6) Maximum Hei'ght of Free-Standing Signs: Six feet.
. (7) Traffic Directional Signs: Refer to Section 3 (0).
(c) Automobile Parking District.
(1) Identification Signs: One identification sign per street frontage
depicting the name of the lot, rates, and type of operation. Such signs shall
not exceed 24 square feet in area. +
(2) Traffic Directional Signs: Refer to Section 3 (0).
(3) Maximum Height of Free-Standing Sign: Twenty (20) feet.
(d) Commercial Districts C-1, C-2,.PC-l. PC-2 and PC-3.
. (1) Wall Signs: The fotalrarealog all wall signs affixed to a building
shall not exceed 15% of the total area of that wall,
(2) Free-Standing Signs: One free-standing sign for e3ch building per
street frontage. The total area of a free-standing sign for a building having
one street frontage shall not exceed 80 square feet in-Commercial Districts C-1,
C-2, PC-1 and PC-2, nor shall it exceed I00 square feet in Commercial Districts
C-3 and PC-3. Where a building has two or more street frontages, only one free-
standing sign of the above size shall be permitted.
sign in excess of one shall be no greater in area than one-half the area of the
first sign.
C-1, (2-2, PC-1, and PC-2 Districts and 25 feet in the C-3 and PC-3 Districts,
100 square feebin area.
Each permitted free-standing
The maximum height of free standing signs shall be 20 feet in the
- (3) Area Identification Signs:
(4) Temporary Signs: Refer to Section 3,
(5) Traffic Directional Signs: Refer to Section 3 (0).
(6)
One sign per development not to exceed
Exceptions: Offices and medical and dental clinics in a commercial
district shall comply with Section 5 (f) (Regional Medical and Office Building
Districts) below. (e3 Commercial District C-4.
(1) Wall Signs: The total area of all wall signs affixed to a building
(2) Free-Standing Signs: One free-standing sign per principal building
Where a building
'wall shall not exceed 20% of the total area of that wall. ., -
per street frontage.
having one street frontage shall not exceed 80 square feet.
has-two or more street frontages, only one free-standing sign of the above size
shall be permitted.
a sign area not to exceed 50 square feet. The maximum height of free-standing
signs shall be 20 feet.
the remainder of that area not utilized for the permanent brand sign, provided
the total area of all permanent and temporary signs does not exceed 80 square
feet for one sign and 50 square feet for each sign in excess of one.
Lettering or symbols which are an integral part of the
The total area of a free-standing sign for a building
Each permitted free-standing sign in excess of one shall have
Temporary product sale, stamp and game signs may occupy
(3) Pump Signs:
(4) Traffic Directional Signs: Refer to Section 3 (0).
(5) Temporary Signs: Refer to Section 3. '
(6) Restroom Signs:
design of a gasoline pump shall be permitted*. ZI
-
Signs indicating the location of restrooms and con-
taining no advertising information shall be permitted as needed. -
(f)
feet
Regional Medical and Office Buildin!? Districts.
(1) Identification Signs: One sign per building not to exceed 50 square
in area. Whkre such building is located on a corner lot, one sign may be
located on each street frontage provided the first does not exceed 50 square
feet and other permitted signs do not exceed 36 square feet.
placed closer than ten feet to any street right-of-way line.
atzached to the facing of the building at the ground floor level.
such sign ahall not exceed 15% of the ground floor wall facing of the accessory
use.
No sign shall be
One identification wall sign per accessory use
The area of
(2) Accessory Use Signs.
- -
11/4/68
(3) Area Identification Signs: One sign per development, not to
(4) Maximum Height of Free-Standing Signs: Eight feet.
(5) Temporary Signs: Refer to Section 3.
(6) Traffic Directional Signs: Refer to Section 3 (0).
(1) Identification Signs: One identification sign per building,
exceed 50 square feet in area.
(g) Planned Industrial District and Light Industrial District.
not to exceed 80 square feet in area.
for each tenant having a private entry to a multi-tenant building; such sign
being displayed at or near the tenant's entrance, and not to exceed 10% of
the area of the wall to which it is affixed. No sign shall be placed closer
than ten feet to any street right-of-way line.
exceed 80 square feet in area.
One additional wall identification sign
-
(2) Area Identification Signs: One sign per development not to
(3) Temporary Signs: Refer to Section 3.
(4) Maximum Height of Free-Standing Signs: 20 feet. '
(5) Traffic Directional Signs: Refer to Section 3 (0).
Sec. 6. Administration and Enforcement.
(a) Permits. Except as provided in paragraph (d) below, the owner
or occupant of the premises on which a sign is to be displayed, or the owner
or installer of such sign, shall file application with the Village Building
Inspector for permission to display such sign. Permits-must be acquired for
all existing, new, relocated, modified or redesigned signs except those spec-
ifically excepted below. The applicant shall submit with the application, a
complete description of the sign and a sketch showing its size, location,
manner of construction and such other information as shall be necessary to
inform the Village Building Inspector of the kind, size, material, construc-
tion and location of the sign. The applicant shall also submit at the time of
application the application fee required under paragraph (b) below. If a sign
authorized by permit has not been installed within three months after the date
of issuance of said permit, the permit shall become null and void.
(b) Fees. For any sign for which a permit is required, except signs
displayed or caused to be displayed by a church, an initial application fee
of $10.00 shall be required for the purpose of defraying the cost of examining
and processing the application for permit and the cost of inspecting the in-
stallation and maintenance of such signs.
under the providions of this ordinance, the permitee shall acquire @om the
Village Building Inspector a tag which shall be conspicuously attached to the
lower left front surface-of the sign. Such tag shall indicate the number of
the sign permit and the date of issuance.
application fees paid for all non-exempt signs existing at the time of adoption
of this ordinance.
(d) Exemptions. The exemptions permitted by this section shall apply
only to the requirement of a permit and shall not be construed as excusing the
installer of the sign, or the owner of the property upon which the sign is
located, from conforming-with the other provisions of this ordinance. No
(c) Sign Identification Tag. For any sign for which a permit is required
Permits and tags must be-acquired and
- permit is required under this section for the following signs:
1)
2)
3) 4) Temporary signs as listed in Section 3, paragraphs (i), (j), (k),
5) Memorial signs or tablets containing the name of the building,
A window sign placed within a building and not exceeding 50%
Signs having an area of six square feet or less.
Signs erected by a governmental unit or public school district.
of the window area.
and' (l), and Section 5, paragraph (e), subparagraph (2) :
its use and date of erection when cut or built into the walls of the building
and constructed of bronze, brass, stone or marble.
from the outside of said building.
deputy shall find that any sign or signs regulated by this ordinance is or are
prohibited as to Size, location, content, type, number, height, or method of
construction, or are unsafe, @secure, or a menace to the public, or if any
sign has been constructed or erected without a permit first being granted to
the installer of said sign or to the owner of the property upon which said
sign has been erected, or is improperljz maintained, or is in violation of
any other provisions of this ordinance, he shall give written notice of such
violation to the owner or permitee thereof.
to remove or alter the sign so as to comply with the provisions set forth in
this ordinance within ten calendar days following receipt of said notice,
6) Signs which are completely kithin a building and are not visible
(e) Violations and Fines. If the Village Building Inspector or his
If the permitee or owner fails
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'298 \ _. .
ic 11/4/68
(a) such sign shall be deemed to be a nuisance and may be aba-
ted by the Village by proceedings taken under Minnesota Statutes, Chapter 429,
and the cost. of abatement, including administration expenses, may be levied as
a special assessment agains! the property upon which the sign is located; or
such permitee or owner may be prosecuted for violating
this ordinpce and-if convicted shall be guilty of a misdemeanor, and subject
to a fine of not exceeding $100 or imprrisonment for a period of not exceeding
90 days. Each period of ten days within lqhich the sign is not removed or al-
tered shall be deemed to constitute another violation of this ordinance and
punishable as a misdemeanor-hfreunder.
The owner of any projecting sign shall furnish, with his
application, proof of self-insura&e or that-public liability insurance has
been procured for any death or pkrsonal injury accruable to such sign, in the
amount of not less than $100,000 for each person and $300,000 for each incident,
and for damage to property. arising from any incident in the amgunt of not less
than $50,000.
that the sign remains in place.
A permit applicant or permit holder may appeal any order or
determination made by the Village' Building Inspector or his deputy' pursuant to
this ordinance by filing a notice of appeal with the Village Clerk requesting
a hearing before the Board of Appeals and Adjustments created by Ordinance No.
261 (Zoning Ordinance). The Board shall hear and decide appeals in the following
cases :
Appeals where ii is alleged that there is an error in any order,
requirement, decision, or determination made by the administrative officer in the
enforcement of this ordinance.
inance .
The Board shall grant a variance only if the appklant proves that:
(b)
(f) Insurance.
The owner shall maintain such insurance in effect at all times
(g) Appeals.
(1)
- (2) Requests II for variances from the literal provisions of this ord-
(1) There are exceptional or extraordinary circumstances applicable
. to the property or to the intended use that do not apply generally to other
property in the same vicinity and zoning district;
a substantial property right possessed by other property in the same vicinity
and zone, but rhich is denied to the property in question;
(3)
an unnecessary hardship; and
(4)
rimental to the public welfare or injurious to the property or improvements in
the vicinity or zone in which the property is located.
(2) The variance is necessary for the preservation'and enjoyment of
@ That the strict application of the ordinance would constitute
That the granting of the variance would not be materially det-
Sec. 7. Non-Conforming Signs.
(a) Any non-conforming temporary'or portable sign existing at the time of
adoption of this ordinance shall be made to comply with the Fequirements set
forth herein or shall be removed within 60 days after the adoption of this ord-
inance.
(b)
of this ordinance shall be allowed to continue in use, but shall not be rebuilt,
altered other than to change the message, or relocated without being brought in-
to compliance with the requirements of this ordinance.
sign has been removed, it shall not be replaced by another non-conforming sign.
Whenever sue of a non-conforming sign has been discontinued for a per-
iod of three months, such use shall not thereafter be resumed unless in confor-
mance with the provisions of this ordinance.
Non-conforming permanent signs lawfully existing at the time of adoption
After a non-conforming
(c)
Sec. 8. Repealer. Ordinance No. 61B is hereby repealed and rescinded.
Sec.59. Severance-Clause. If any section, clause or provision or portion
thereof of this ordinance shall be found to be invalid or unconstitutional by
any court of competent jurisdiction, such decision shall not affect any other
section, clause, provision or portion hereof.
its passage and publication.
Motion for adoption of the ordinance was seconded by Councilman VanValkenburg and
on rollcall there were three ayes with Councilman Johnson voting nay, based on
the recommendation of denial of' Section 4 by
son indicated' that he was in favor of all bu
Sec. 10. This ordinance shall be in full force and effect immediately upon I
11141 68
us
I
SIGN ORDINANCE NO. 261-170 ADOPTED. Mr. Hoisington presented Ordinance 261-
170 which amends the Zoning Ordinance to conform with Sign Ordinance No. 61C
and noted that this hearing had been continued originally from August 5, 1968,
No objections being heard, Councilman Johnson offered Ordinance 261-170 for
First Reading, with waiver of Second Reading, and moved its adoption as fol-
lows :
ORDINANCE NO; 261-170
AN ORDINANCE REPEALING AND AMENDING
SECTIONS OF THE ZONING ORDINANCE RELATING TO SIGNS
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:'
Section 1. The following protions of Ordinance No. 261 (Zoning Ordinance)
(a) Subparagraph (f) (Signs) of paragraph 3 (Restrictions on Uses) of
(b) Subparagraph (b) , Paragraph 4 (Accessory Uses) fallowing the heading
of the Village of Edina are hereby repealed and rescinded:
Section 7 (Regional Medical District).
District C-1 (Uses Permitted in Commercial District) of Section 9 (Commercial
District). .
(c) Subparagraph C (f) (3) (ee) of Paragraph 6 (Planned Commercial Dis-
tricts) of Section 9 (Commercial, District).
(d) Subparagraph (h) (Signs) of Paragraph 6 (Restrictions, Controls, ..I and
Design Standards) of Section 10 (Planned Industrial District).
Sec. 2. Subparagraph (a) (1) (Automobile Service Stations) following the
heading District C-4 within Paragraph 5 (Special Limitations and Conditions
on Uses) of Section 9 (Commercial District) is hereby amended to read as
follows :
No buildings or structures, permanent or temporary, driveway sur-
faces, parking areas or
traversing a public road boulevard shall be located within 110 feet of any
part of a Single Family Dwelling or Multiple Residence District site.which
is separated from the automobile service station site by a public road right-
of-way or within 50 feet of a Single Family Dwelling or Multiple Residence
District site if they are not separated by a public road right-of-way.
10 (Regulations on Screening, Landscaping, Lighting, Storage and Outdoor
Displays) of Section 10 (Planned Industrial District) is hereby amended to
read as follows:
"All principal and accessory uses which are situated within 50 feet of a
Single Family Dwelling District or Multiple Residence District shall be
screened from such District by a wall or fence of not less than 90% opacity
and not less than 5 or more than 7 feet in height above the level of the Single
Family Dwelling District or Multiple Residence District property at the Dis-
(1) other similar site improvements except driveways
Sec. 3. The first sentence of subparagraph (a) (Screening) of Paragraph
- trict boundary.'%
See. 4. This ordinance shall be in full force and effect immediately upon
its passage and publication and upon the passage and publication of Ordinance
No. 61C.
and on rollcall there were four aye nce was adopted.
-
U
ORDINANCE NO. 181B GRANTED FIRST READING. (Mayor Bredesen arrived at this - time. Councilman VanValkenburg continued to preside). Mr. Hyde presented
Ordinance No. 181B for First Reading, which ordinance provides additional
regulations for peddlers and solicitors.
Councilman Courtney offered the following ordinance and moved its adoption
as follows:
Following considerable discussion,
ORDINANCE NO. 181~
AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM
ENTERING UPON CERTAIN PREMISES WITHIN THE VILLAGE,
PROVIDING FOR REGISTRATION AND REGULATION OF PEDDLERS AND
SOLICITORS AND CERTAIN VENDORS, AND PROVIDING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Definitions.
Subdivision 1. For the purposes of this ordinance the words defined
in this section have the meanings given them.
1 11 14/68
Subd. 2. "Peddler" means any person with no fixed place of business who
goes from house to house carrying or transporting good8, wares or merchandise
and offering or exposing the same for sale, or making sales and deliveries to
'purchasers of the same.
Sd. ~ 3, sLSolicitort* means any person who goes< from house to house solic-
iting or taking or attempting to*take orders for the purchase of any goods, wares,
or merchandise, including magazines, books, periodicals or personal property of
any nature whatsoever for delivery in'the future, or orders for the performance
of maintenance or repair services 5n or about the home or place of business, such
as furnace cleaning, roof repair and blacktopping.
Subd, 4. Vendors of milk, groceries, bakery products, or other perishable
commodities or vendors of soft water service or laundry and dry-cleaning pickup
and delivery who make an uninvited initiatory call upon the occupant of a resi-
dence as a preliminary step to the establishment of a regular route service for
the sale and delivery of such commodities or the providing of such services to
regular customers shall not be included'within the above definition of $'peddler1'
or ''solicitor.rF
"Peddler1' or 'rSolicitorK* does not include any persofi who sells
or attempts to sell, or solicits or attempts to solicit orders for,*goods, wares
or-merchandise, if he does so in behalf of a bona fide charitable, religious,
civic, educational or political organization.
of the Village who wishes to exclude peddlers or solicitors from premises occupied
by him may place upon or near the usual entrance to such premises a,printed
placard or sign bearing the following notice:
Such a placard shall be at least 3-3/4 inches long and 3-3/41 inches wide, and the
printing thereon shall not be smaller than 48 point type.
shall enter in or-upon any premises or attempt to enter in or upon any premises,
where such placard or sign is placed and maintained.
Sec. 3. May Not Deface Placard. No person other than the person occupying
auch premises shall remove, injure, or deface such placard or sign.
See. 4, Registration of Peddlers and Solicitors and Other Vendors. Before
engaging in peddling or soliciting, or in making calls as described in Subdivision
4 of Sectioii 1, the peddler, solicitor or vendor, except a person selling or pedd-
ling the products of a farm or garden occupied andcultivated by him; must submit
the following information-to the Village Clerk.
Subd. 5,
Sec, 2. Peddlers and Solicitors May be Prohibited by Placard. Any resident
"Peddlers aiid Solicitors Prohibited."
No peddler or _solicitor
-
li= (a)
(b)
(c) If employed, the name and address of the employer;
(d)
(e)
His name and permanent address and local address, if any;
A brief description of the nature of the business and the goods to be
sold;
The period of time within which he intends to conduct activities;
The souree of supply of the goods or property proposed to be sold, or
in the case of goods or property to be sold by solicitation of orders, where such
goods or products are located at the time the information is submitted to the Vil-
lage Clerk, and the proposed method of delivery;
(f) of a worthless check of which the registrant was convicted within the-10 most
recent years, and the nature of the crime or crimes of which he was convicted; and
(g) Whether the registrant has taken advantage of any state or federal bank-
ruptcy or insolvency law or proceeding as a bankrupt or debtor within the 18 most
recent years,
Every peddler, solicitor or vendor required to submit the foregoing information
shall promptly submit to the Clerk any changes therein required by changes in cir-
cumstances.
Sec, 5. Annual Registration Fee. At the time of submitting information as
required by Section 4, and annually thereafter on or before January 1, 1970, and
each January 1 thereafter, as long as he engages in activities which require him
to submit information as required by Section 4, and annually thereafter on or be-
fore January l, 1970, and each January lqthereafter, as long as he engages in
activities which require him to submit information under Section 4 hereof, the
peddler, solicitor or vendor shall also pay a registration fee of $3.00.
Sec. 6, Acts in Violation of Ordinance. The following acts or omissions
shall be deemed violations of the provisions of this ordinance:
(a) Acts proliibited-hyc SeCtionsi 2*+and 3 hereof;
(b) Engaging in peddling or soliciting, or in making calls as described in
Any felonies or wss misdemeanors, or anyxrimes of theft or issuance
.
I
Subdivision 4 of Section 1, without registration or payment of the registration
fee whenever required by Sections 4 and 5 hereof;
(c) Furnishing false information, or failing to furnish information as re-
quired by Section 4;
(d) Sale of merchandise or services by a peddler, *solicitor or vendor by
means of statements which the person making them knows or should know are false
or misleading;
301
11/4/68
(e) is not of merchantable quality or is not fit for the purpose for which the
seller knows or has reason to know the merchandise is being purchased.
upon conviction thereof, shall be punished by a fine not exceeding $100 or by
Sale of merchandise by a peddler, solicitor or vendor, which merchandise
Section 7. Penalty. Any person who violates any provision ofsthis ordinance
.imprisonment for a period not exceeding 90 days.
Section 8. Ordinance No. 181A is hereby repealed.
Section 9. This ordinance takes effect upon its passage and publication.
ACQUISITION OF OUTWTS A AND B, SIOUX TRAIL FOURTH-ADDITION CONTINUED.
Whitlock recalled to Council that at the Meeting of October 28, a contract-was
awarded for ditching and installation of a ponding area along County Road 18
in Sioux Trail Fourth Addition. AT the time Sioux Trail Fourth Addition was
granted final plat approval, Mr. Joe Ruzic, developer of the plat, agreed to
deed Outlots A and B to the Village for drainage purposes according to Mr. Hite.
Mr. Ruzic now says that he never agreed to deed the lots to the Village. Be-
cause the lots are essential to 'the overall storm sewer project, Mr. Whitlock
recommended that condemnation be authorized if the land cannot be purchased at
an agreeable price, and advised that even if condemnation proceedings are
started immediately, it is likely that the Village cannot enter upon the land
to construct the facility until an award is made, which action could not take
place before next spring at the earliest. In this event, it would be necessary
to cancel the contract with the J. V. Gleason Company unless Mr. Ruzic would
give written consent for the Village to enter the land subject to determination
of price to be paid by the Village under the condemnation order. Mr. Whitlock
read the Minutes of August 7, 1967, which indicated the conditions under which
the plat had been approved. Mr. Ruzic said that he had never made any commit-
ment to deed these lots to the Village. He recounted that he had constructed
a ponding area himself and had been forced to fill it when neighbors protested
that it was hazardous for children. Mr. Ruzic said that he hid given Mr. Drake
verbal permission to dredge in Outlot B until the contractor destroyed a double
bungalow lot which is bordered by %alley View Road and County Road 18.
Hyde asked Mr. Ruzic why he had never before advised the Village that this lot
had been spoiled. He told Mr. Ruzic that he feels that he is using this as an
excuse, and that he is going back on his word which he gave in order to get
R-2 zoning for his property. Mr. Whitlock read a letter dated August 17, 1966,
from Mr. Hite to Mr. Ruzic noting Sioux Trail IV Addtiion encompasses a portion
of Outlot 1, Sioux Trail I1 Addition, and reminding Mr. Ruzic that this Outlot
was established as a ponding and drainage way at the time Sioux Trail 11 Add-
ition was approved, and asking for the deed for Outlot 1 as promised at the
time Sioux Trail I1 Addition was platted. Following considerable discussion,
Councilman VgnValkenburg's motion that the matter be continued to the 18th of
November to see if some agreement could be reached with Mr. Ruzic was then
seconded by Councilman Courtney and carried,
Mr.
Mr.
TRAIN WHISTLE ORDINANCE TO BE ADOPTED,
the Minneapolis, Northfield and Southern Railroad had requested that an ord-
inance be adopted prohibiting train whistling. Complaints have been received
from citizens since new engines in use on the line have a particularly shrill
and objectionable whistle, Discussion ensued as to whether this would be in
conflict with State Statutes, whereupon Councilman Courtney's motion requesting
the Village Attorney to render an opinion on the legality of such an ordinance
was seconded by Councilman Johnson and carried.
Mayor Bredesen advised Council that
AIR POLLUTION ORDINANCE DISCUSSED. Councilman Johnson asked if any action is
proposed for a burning ordinance. Following some discussion, concensus of
opinion was that if plastic bags were used for leaves, most of the problem
wiould be solved. No action was taken.
TONKA KENNELS REPORT TO BE MADE NOVEMBER 18.
Johnson that he would go out to Tonka Kennels and check over the allegations
made by Mrs. John Mortison at the last Council Meeting.
that charges for board of animals are remitted to the Village, and that Tonka
Kennels is not paid twice for this service. The matter will be placed on the
November 18 agenda.
Mr. Hyde advised Councilman
He noted, however,
BOYER GARBAGE COMPANY GIVES UP ROUTES IN EDINA. Mr. Hyde advised Council that
Boyer Garbage Company has withdrawn service from Edina, but that other garbage
companies have taken over Boyer's customers and no problems have resulted.
matter of contracting garbage service for the entire Village will be studied
further
The
302 i
11/4/68
302
It was noted that because of the difference in lot sizes in the Village, rates
would have to be varied.
CLAIMS PAID.
carried for payment of the following claims:
8
Motion of Councilman Courtney was seconded by Councilman Shaw and
< October 29 First National Bank of Minneapolis General $724.50
October 29 Dennis May, Custodian Change Fund Arena, 300.00
and for payment of the following claims as per Pre-List dated Noaember 4, 1968:
General Fund, $9,931.14; Construction Fund, $38.00; Park, Park Construction, Swim
Pool, Golf Course and Arena, $1,884.81; Watef Fund, $2,535.27; Liquor Fund, $25,
367.10; Sewer Rental Fund, $8,963.71; Total, $41,720.03.
The agenda's business having been covered, Councilman Johnson's motion for ad-
journment was seconded by Councilman VanValkenburg and carried. Adjournment at . 9:OO.p.m.
*.
,
Village Clerk
r