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Memorializing City Council action taken on March 16, 2011 affirming the decision of the Board of Zoning Appeals and denying the appeal of MJ Properties of Saint Paul for the property commonly known as 1440 Randolph Avenue in Saint Paul.
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WHEREAS, MJ Properties of Saint Paul ("MJ"), in BZA zoning file No. 11-007821, appealed from an administrative order of the Zoning Administrator ("ZA") dated January 7, 2011 requiring MJ to remove temporary real estate rental signs which exceeded the allowed square footage for such signs in RM2 zoning districts under Leg. Code § 64.502(b)(2)(one real estate sign not to exceed 6 square feet in size) for MJ's property at 1440 Randolph Avenue (PIN No. 102823310005) and legally described as Section 10 Town 28 Range 23 Ex W 41 Ft And Ex E 250 Ft The N 200 Ft Of Part Of Ne 1/4 Of Sw 1/4 Lying S Of Randolph Ave And W Of Albert St All In Sec 10 Tn 28 Rn 23; and
WHEREAS, on February 7, 2011, the Board of Zoning Appeals ("BZA") duly conducted a public hearing regarding MJ's appeal pursuant to the requirements of Leg. Code § 64.203 where all persons interested were afforded an opportunity to be heard; and
WHEREAS at the close of the public hearing, the BZA, based upon all the files, evidence, and testimony presented at the said hearing, as substantially reflected in the minutes and BZA Resolution No. 11-007-821 which is incorporated herein be reference, moved to deny MJ's appeal and uphold the order of the ZA based upon the following findings from the said BZA resolution:
"1. In response to a complaint regarding the amount of signage displayed on this property, the Department of Safety and Inspections (DSI) conducted a site inspection on December 22, 2010. Six temporary real estate signs were found on the property totaling 352 square feet in size advertising the building and its amenities. The property also has a permanent identification sign 32 square feet in size. The inspector issued an order requiring that all the temporary real estate signs be removed. The applicant is appealing the order because she believes that the inspector wrongly determined that the signs in question are real estate signs, that the code is discriminatory and that it violates the First Amendment to the Constitution.
2. The maximum allowable signage per frontage for identification purposes on a property of this size is 24 square feet. The current identification sign on the property does not comply with the 24 square feet requirement. However, it would be allowed to remain because it is legally nonconforming. The code also allows real estate signs, but they are limited to 6 square feet in size, they can remain until the property is sold or leased and they do not require a permit.
3. The sign ordinance is clear and unambiguous in its definition of real estate and temporary signs. The property was inspected in response to a complaint; there is nothing discriminatory in the way the code has been enforced. The order does not infringe on any rights protected under the First Amendment to the Constitution."
WHEREAS, on February15, 2011 and pursuant to Leg. Code § 61.702(a), MJ duly filed an appeal (BZA zoning file No. 11-016-829) from the BZA's February 7, 2011 determination with the City Clerk and requested a hearing before the City Council for the purpose of considering the BZA's actions; and
WHEREAS, on March 16, 2011, pursuant to Leg. Code ' 61.702 (b) and upon notice to affected parties, a public hearing was duly conducted before the City Council where all interested parties were given an opportunity to be heard; and
WHEREAS, the City Council, having heard the statements made, and having considered the appeal application of MJ, the report of staff, the record, minutes and resolution of the BZA, does hereby
RESOLVE, that the Council of the City of Saint Paul hereby affirms the decision of the BZA in this matter, the Council finding that there was no mistake in the BZA's facts, findings or procedures in this matter; and be it
FURTHER RESOLVED, that the appeal of MJ be and is hereby denied and the Council adopts as its own, the facts of the BZA in support of its decision as set forth in BZA Resolution No. 11-007-821; and, be it
FINALLY RESOLVED, that the City Clerk shall immediately mail a copy of this resolution to MJ, the ZA, the BZA and the Saint Paul Planning Commission.