5 Wall Sign Great Panda RestCITY O.F
PC DATE: 01/06/99
CCDATE: 01/25/99
CASE #: 96-5 SIGN (VAR)
96-4 SPR
,5'
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
An amendment to Site Plan Review # 96-4 for the installation of a 40 sq. ft.
wall sign and 4.7. sq. ft. logo at Hi-Way 5 Centre.
463 West 79th Street
Giant Panda
Chinese Buffet Restaurant
1331 Gateway Drive
Fargo, ND 58103
(701)298-8558
PRESENT ZONING:
ACREAGE:
BH, Highway Business
N/A
DENSITY:
N/A
ADJACENT ZONING
AND LAND USES:
WATER AND SEWER:
PHYSICAL CHARACTER:
2000 LAND USE PLAN:
$.'
S:
E:
W:
CBD, Central Business District
PUD, Villages on Pond
BH, Highway Business
BG, General Business
Available to the site
This site contains a small shopping center.
CommerCial
L A-KE'
L
Giant Panda Amendment/Variance
January 25, 1999
Page 2
APPLICABLE REGULATIONS
Section 20-1303 (3) states that wall business Signs shall be permitted on street frontage for each
business occupant within the building only (Attachment 2).
Section 20-1267 requires that company symbols, display messages, pictorial presentations,
illustrations, or decorations (anything other than wording) shall not occupy more than fifieen
(15) percent of the sign display area (Attachment 3).
PLANNING COMMISSION UPDATE
The Planning Commission reviewed this amendment request on January 6, 1999. Although
the commission empathized with the applicant, the commission believed that the conditions
of approval clearly state that only two eleVations may have signage and recommended
denial of the amendment request. They suggested that the applicant speak with the
building owner, since he made the decision to allow signage on the north and east
elevations. It was also suggested the applicant utilize window signage, since it is allowed
without a permit. The only requirement is that the signage not exceed 50 percent of the
window area.
This report has been updated. All new infOrmation is in bold type.
BACKGROUND
Giant Panda Chinese Buffet is located in the Hi-Way 5 Centre. The site plan for this building
was approved in 1996. The ordinance requires that when buildings are presented for site plan
review, the proposed signage shall also be presented for review and approved by the Planning
Commission and City Council. The purpose of this review is to make certain the signage
complies with ordinance and to grant "variances" if necessary. One of the conditions of approval
of the Hi-Way 5 Centre site plan was that wall signs shall be located on no more than 2 street
frontages. The sign ordinance requires that wall signage be installed only on elevations with
street frontage. In this case, the building abuts West 79th Street and TH 5. Therefore, wall
signage would be permitted on the north and south elevations. Since the tenant spaces face the
west, the owner requested to give up signage along the southern elevation in return for gaining
signage along the west elevation. Staff thought it wise to permit signage on the west and one
other elevation. The northern elevation was selected by the owner. The sign plan that was
approved was a compromise between the City and the building owner to permit signage on
elevations which would be most beneficial to the site even though the ordinance does not permit
signage without street frontage. Signage on the southern and eastern elevations is prohibited.
The shopping center has an existing pylon sign along TH 5 for visibility with all tenants' names
displayed.
Giant Panda Amendment/Variance
January 25, 1999
Page 3
The applicant, Giant Panda, is requesting an amendment from the conditions of the site plan
review to install a 40 sq. ft. sign and 3 ft. in diameter logo on the south elevation of Hi-Way 5
Centre.
ANALYSIS
The applicant proposes to install the words "Chinese Buffet" and a logo depicting a panda bear
on the south elevation of the building. The applicant's name is already installed on the western
elevation and the pylon abutting TH 5.
Staff believes Hi-Way 5 Centre's signage criteria is appropriate and purposeful. It is fair to all
five (5) tenants by allowing them to install distinct signage, yet it specifies the location and the
size of the letters. It limits the size of the individual dimensional letters to 2 feet in height and
the location ( two elevations) of the wall signs. The sign ordinance states that multi-tenant
buildings shall have uniform signage. The signage criteria for this building ensures the signage
will be proportionate to other signage and the building. The proposed southern signage will
create an unbalance and may create a situation in which other tenants may request a second sign
on the eastern elevation (which abuts Holiday Service Station). Furthermore, approving this
amendment to permit southern wall signage when space exists on a pylon is redundant and will
result in a cluttered look.
The request is based upon the notion that a sign on TH 5 will create greater visibility and add
decoration to the building. The sign on the pylon already provides visibility. The applicant also
stated the sign will add to the architecture of the building. This is not justification to grant an
amendment to the site plan review. A considerable amount of time and effort was put into the
original conditions of approval to ensure that the signage would be complementary to the site and
yet provide visibility for the future tenants.
Staff fails to find a reason to justify granting this amendment. Giant Panda has not demonstrated
a hardship to warrant an amendment to permit the installation of a second wall sign. A hardship
is present when a reasonable use cannot be made of the property. The applicant has a reasonable
opportunity to install signage on the western elevation of the building. Actually, the words
"Giant Panda" are already installed. Staff fails to find a hardship in installing only one sign.
Giant Panda has two signs, one on the western elevation and the other on the pylon abutting TH
5.
Based on this information, staff does not believe that the applicant has demonstrated a hardship
and cannot recommend approval of the amendment to the site plan review.
Giant Panda Amendment/Variance
January 25, 1999
Page 4
FINDINGS
Staff utilized variance criteria for the site plan amendment to determine if the applicant has
demonstrated a hardship. In this case it is ·not the literal enforcement of an ordinance, but
the conditions of the site plan that are believed to be causing the hardship.
The Planning Commission shall not recommend and the City Council shall not grant a(n)
amendment/variance unless they find the following facts:
bo
Co
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: Staff believes that the applicant does not have a hardship. Existing wall signage
and the name plate on the existing pylon are sufficient for visibility. It may set a precedent
for those tenants seeking a second wall sign without proper street frontage.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: All property owners within the various business and industrial districts must
install signage that complies with the'sign ordinance~ There is nothing unusual about this
application to warrant the approval of this amendment.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of the variation is probably based upon the desire to increase the
income of the restaurant.
The alleged difficulty or hardship is not a self-created hardship.
Finding: Staff believes that this hardship was created the applicant. The applicant created
the hardship by proposing to install a wall sign that does not meet the requirements of the
site plan review.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Giant Panda Amendment/Variance
January 25, 1999
Page 5
Finding: Approving this amendment will permit a building to have three elevations of
signage when the building is only entitled to two elevations. Staff is concerned that
additional signage along the southemelevation will result in "clutter."
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: This amendment will allow signage on three elevations on a building when it is
only entitled to two elevations.
RECOMMENDATION
Staff recommends that the Planning Commission recommend the following motion:
"The Planning Commission denies the amendment to SPR #96-4 for the construction of a 40 sq. ft.
illuminated wall sign and a 4.7 sq. ft. logo based upon the findings presented in the staff report and
the following:
1. The applicant has visibility on TH 5 with the existing pylon sign."
ATTACHMENTS
2.
3.
4.
5.
6.
Application and Letter
Section 20-1303, Sign Ordinance, BH District
Section 20-1267 Uniformity of Construction, Design, etc.
Site Plan
Conditions of Approval for Site Plan Review #96-4
Property Owners
g:\plan\ck\plan comm\giant panda sign var 96-5.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
--LEPHONE (Day time) 7¢/ ' 7_. ~'~- o°Lt-..&- ~
OWNER:
ADDRESS:
TELEPHONE:
__ Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
__ Non-conforming Use Permit
__ Planned Unit Development*
__ Rezoning
__ Sign Permits
__ Sign Plan Review
Site Plan Review'
Subdivision*
Temporary Sales Permit
Vacation of ROW/Easements
_,~. Variance
Wetland Alteration Permit
__ Zoning Appeal
Zoning Ordinance Amendment
__ Notification Sign
X Escrow for Filing Fees/Attorney Cost**
($50 CUPISPRNACNAR/WAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
'Twenty-six full size folded, copies of the plans must be submitted, including an 8½" X 11" reduced copy of
transparency for each plan sheet.
Escrow will be required for other applications through the development contract
NOTE - When multip!e applications are processed, the appropriate fee shall be charged for each application.
PRESENT 2 NO
REQUES'TEL' ONING .......
PI~ESI~NT LAND USE DJ~$1GNATJON ............
REQUESTED LA ' USE DESiGNATiON
.
'/';lis ap~llcabt, q must be com¢iele~ :;, '.,ur: ¢.n~ D~ typewnn~n o; c!earlX pdnt~:4 and rt~l b~ ac~.ort~anie~ ~), ail
amd p;.Sns ..... ,(~..;',e." by ,~pp,:~a.,e"- ~ C~' Ord;nanr. e provisionS. BeJ~r~ fJlin~ this applicon, ion, you ~,.~uld ~)n~er w~.~,
authorized ~¢, so,, to make this appli~t;cn a~ thc foe owner h~S alSO s~ned this
ke~ myself ~n,c~,ed et t~e deadi~ne~ for submission of matenat ~ the
o: m} t,,o
again~ ~:e t~',~ to the propor~ k,r which the ~rova~¢~ is 9~ed w~hin 120
' Th~ epphcant sh~u~ ~on~ m~fi for ~ ~py O! the
~r~tin~. H n~ co:'~l~cle~,s o¢.PY cf th~ ~ wlll~
7:: ?-.'~ :~ · .
December 7, 1998
Giant Panda
Chinese Buffet Restaurant
1331 Gateway Drive · Fargo, ND 58103
(701) 298-8558
'City of Chanhassen
C/0: Developmental Review Committee (DRC)
690 Coulter Drive
Chanhassen, MN 55317
DEO 0 1998
el-tV o,': r,,_~-
Dear DRC Members:
this letter is to with the application is to formally apply for placing a sign on the south side of the
premises occupied by Giant Panda Chinese Restaurant, located on 463 West 79th St, Chanhassen,
because the original application by landlord of the Plazza didn't include a signage on the south
side of the building, according to DRC.
After revie~ving the "Signage Criteria" established by the DRC of the City of Chanhassen, #2: '
"Wall signs are permitted on no more than 2 streat frontages", Giant Panda is hereby applying for
this signage "variance": adding a signage on the south side of the building to accompany with the
signage in the west side of the frontage. The legal descriptions of signs on both west and south
sides are provided on the application form, and details can be found on the sign designs. We will
work with our signage companies Electric Sign Repair to modify and comply with other
requirements in"Signage Criteria", if there is any in the design. Please note the Landlord has
approved this potential signage on the south side of the building.
As you are all aware of the importance of signage to a new, service type business, I don't need to
overemphasize the significance of approval to the success of our business. Beside a "sign", the
design will also add decoration to the building.
Thank you very much for your friendly-to-business consideration. If you have any questions,
please contact me at the above address before December 25 and at the new address after the
Christmas, or contact my signage company.
Merry Christmas.
Sincerely yours,
Henry Li, Owner
Giant Panda Chinese Restaurant at Chanhassen
Enl:
application form
approval from Landlord
Signage design.
ZONING § 20-1303
Ser~. 20-1303. ttighway~ general business districts and central business districts.
The following signs .shall be allowed by permit in any "BH", "BG", or "CBD" District:
The following table lists the standards for freestanding and ground low profile signs in the
BH, BG, or CBD zone.
Pylon Ground Low Profile
Principal Height Sign Size Height Sign Size
Structure (feet) (square feet) (feet) (square feet)
50,000 sq. ft. or greater 20 80 10 80
Less than 50,000 sq. ft. 16 64 8 64
(1)
(2)
'/(3)
Pylon business sign. Pylon signs are permitted on parcels that abut State Highway
corridors only. One (1) pylon identification sign shall be permitted. This sign may
identify the name of the center of the major tenants. The height and square footage of
the sign shall be based on the square footage of the principal structure as shown in the
table. Such signs shall be located at least ten (10) feet from any property line.
Ground low profile business signs. One (1) ground low profile business sign shall be
permitted per each outlot or separate building pad that has street frontage. The height
and square footage of the sign shall be based on the table above. Such signs shall be
located at least three hundred (300) feet from any other pylon or ground sign and at
least ten (10) feet from any property line.
Wall business signs. }y_a!_l?~us~__e.s__s..signs shall be permitted on street frontage for each
business occupant within a buil_~!_~ng.o_~ly:_The total of all wall mounted sign display
areas for each business shall not exceed the square footage established in the following
table:
Maxim um Percentage Maxim um Square
of Wall Wall Area in Square Feet Footage of Sign
15% 0--600 90
13% 601--1,200 156
11~ 1,201--1,800 198
9% 1,801--2,400 216
7% 2,401--3,200 224
5% 3,201--4,500 230
3% 4,500+ 240
(4)
Menu board. One (1) menu board sign per restaurant 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 the zoning district.
Supp. No. 9 1271
§ 20-1266
CHANHASSEN CITY CODE
sign stands immediately upon notification by the city. If the permittee or owner fails to remove
or alter the sign so as to comply with the provisions set forth in this chapter within thirty (30)
calendared days following receipt of written notice:
(1) Such permittee or owner may be prosecuted for violating this chapter and if convicted
shall be guilty of a misdemeanor. Each day a violation exists shall constitute a
separate offense.
All signs shall be subject to inspection by the building official, or any other official of the
city who may be appointed by him, to ascertain if the provisions of this chapter are being met.
(Ord. No. 231, § 1, 1-9-95)
Sec. 20.1267. Uniformity of construction, design, etc.
All permanent signs shall be designed and constructed in a uniform manner and, to the
extent possible, as an integral part of the building's architecture. Multi-tenant commercial
and industrial buildings shall have uniform signage. When buildings_ or ~l-e~i-~pments are
p_resen_tefl .for_ _Sit_e_p.!~n_ ..~r_e_vj~_v_,_pro_pos_%ed.__s~g!j_s f_o_r_the_~y~!~p~h~d ha pre,~K~n_ted con-
curren_~j~ for staff review. _Al_l_.pl~a__nned centers and multi-tenant buildings shall submit a
qom_prehensive sign plan for approval by the planning commission and city council. Signage
shall use individual dimensional letters and logos, be back lit ifa wall sign is illuminated, and
be architecturally compatible with the building and other signage if in a multi-tenant building.
Compan_y symbols display messages pictorial presentations, illustrations, or decorations' (any-
thing other than wording) shall not occupy more than fifteen (15) percent of the sign display
area.
(Ord. No. 231, § 1, 1-9-95)
Sec. 20-1268. Noncommercial speech.
Signs containing noncommercial speech are permitted any~vhere that signs are permitted,
subject to the same size regulations applicable to such signs.
(Ord. No. 231, § 1, 1-9-95)
Sec. 20-1269. Reserved.
Sec. 20.1270. Uniform sign code.
The design and construction standards as set forth in Chapter 4 of the 1994 edition of the
Uniform Sign Code as may be amended, are adopted.
(Ord. No. 231, § 1, 1-9-95)
Secs. 20.1271-20-1274. Reserved.
Sec. 20.1275. Construction standards.
(a) A free standing sign or sign structure shall be constructed so that if the faces are not
back to back, then they shall not have an angle separating the fa'ces exceeding forty-five (45)
Supp. No. 7 1268
i.ll.u ' .......... 7'"'"111111 I I L " "" ....' ............. III Jill
Hiway 5 Centre
July 17, 1996
Page 3
2. . Signage criteria:
All businesses shall share one monument sign. Monument signage shall be
subject to the monument standards in the sign ordinance.
bo
Wall signs are permitted on no more that 2 street frontages. The total of each wall
mounted sign display areas shall not exceed (24 square feet).
c. All signs require a separate permit.
do
The signage will have consistency throughout the development and add an
architectural accent to the building.
e. Consistency in signage shall relate to color, size, materials, and heights.
f. Back-lit individual letter signs are permitted.
g. Individual letters may not exceed 2 feet in height.
Only the name and logo of the business occupying the unit will be permitted on
the sign.
One pylon sign is permitted. The area of the sign may not exceed 64 square feet
and a height of 16 feet.
The applicant must obtain a sign permit prior to erecting the signs on site. One
stop sign must be posted on each driveway at the exit points of site. A detailed
sign plan incorporating the method of lighting, acceptable to staff should be
provided prior to requesting a sign permit.
Screening of parking lot and the south elevation must be increased. Screening may
include berms, ornamental, and evergreen trees. A minimum of four to six trees will be
planted along the south side of the patio area.
The applicant shall enter into a site plan contract with the city and provide the necessary
financial securities as required for landscaping.
5. Fire Marshal conditions:
Comply with Chanhassen Fire Department/Fire Prevention Policy No. 04-1991
(Fire Department Notes to be included on site plans), copy enclosed.
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Wednesday, January 6, 1999
at 7:00 p.m.
City Hall Council Chambers
690 City Center Drive
W 78th
'UBJECT:
==PLICANT:
.OCATION:
Request for a Sign Variance
and amend the Site Plan
Giant Panda Restaurant
Northwest Corner of Hwy. 5
and Great Plains Blvd. in the
Hi-Way 5 Center
~IOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Giant Panda, is requesting a variance from the sign ordinance and an amendment
to the site plan #96-4 for Hi-Way 5 Center, for the installation of a wall sign, located at
~,63 West 79th Street.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
~,. Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to
submit written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will .provide copies to the Commission~
Notice of this public hearing has been published in the Chanhassen Villager on December 24, 1998.
79TH STREET CENTER
C/O B.C. BURDICK
684 EXCELSIOR BLVD
EXCELSIOR, MN 55331
VALVOLINE INSTANT OIL
CHANGE INC 01-42
PO BOX 14046
LEXINGTON, KY 40512
BLUE CIRCLE INV COMPANY
6125 BLUE CIRCLE DRIVE
MINNETONKA, MN 55343
TIRES PLUS GROUP
701 LADY BIRD LANE
BURNSVILLE, MN 55337
BLOOMBERG COMPANIES INC.
P.O. BOX 730
CHANHASSEN, MN 55317
CHANHASSEN INN
531 WEST 79TH STREET
CHANHASSEN, MN 55317
SORENSEN PROPERTIES
MIKE SORENSEN
RT 2 BOX 187K
BELLE PLAINE, MN 56011
AUSMAR DEVELOPMENT CO LLC
551 78TH STREET W
CHANHASSEN, MN 55317
CHAN VETERINARY CLINIC
440 WEST 79TH STREET
CHANHASSEN, MN 55317
MICHAEL RAMSEY
6362 OXBOW BEND
CHANHASSEN, MN 55317
684 E~_<.ELSIOR BLVD
E?CGIELSIO~.~N 55331
CHANHASSEN INN
531 WEST 79TH STREET
CHANHASSEN, MN 55317
HOLIDAY STATION #199
PO BOX 1224
MINNEAPOLIS, MN 55440
AMERICAN LEGION POST 580
7995 GREAT PLAINS BLVD
CHANHASSEN, MN 55317
BROWN'S CAR WASH
7901 GREAT PLAINS BLVD
CHANHASSEN, MN 55317