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6b. SA Th7 & 41 Sign Variance Request IC I T Y O F P.C. DATE: Sept. 21, 1988 , �\*I. C.C. DATE: Oct. 10, 1988 i CHANHASSEN Y CASE N0: 88-11 Sign • Prepared by: Olsen/v 1 STAFF REPORT 1 . I .PROPOSAL: Sign Variance Request to Permit a 45 Square Foot Ground Low Profile Sign in the BN, Neighborhood Business District ,Acton oy t rt./ Administrator I Z �' <t 1 LOCATION: SW Corner of Hwy. 7 and 41 III °- r;, APPLICANT: Chanhassen Super America Partnership 900 Second Street South IIMinneapolis , MN 55402 I PRESENT ZONING: BN, Neighborhood Business IACREAGE: 1 . 04 acres IDENSITY: ADJACENT ZONING IAND LAND USE: N- Hwy. 7 and Shorewood Q S- BN; future HSZ Development E- RSF; vacant I d W- BN; vacant 1 P WATER AND SEWER: Water and sewer is available to the site. 1 (1) PHYSICAL CHARAC. : The site is a fairly level open area 1 2000 LAND USE PLAN: Commercial I r O O n P D A ref N N' C./ N O N M N i... • e.,/ i._I ---->,.. ,_ '-' ., Ana mi. na\ li..._, , , irgOio Lier..„-e. -1-Eiz_i6.16. 15, • %rep ow v 1 i tap Av...., eist...vs, ri -'. - 7.,1 4,4,..0„..",,i_ii,. 1•IrA -----.----,..._„......_ ___--, 414,, lode •P.•-dOV.0. ii MUM Wzak_V- N----'\,'-i.---')V4P,4.IC' ■I‘Z‘&'.VAIMI‘'4\46 ' al 5 Rallillt fro . W , '"_4,.. iiim poi el! f 01 '. 6.11111mEr (0) :\(/ .:, INEINItro 6 A. . l� ;iii • 3 `\�1 I `+, 4, c.,r 1,4, w. 7 1( ir zr ______ 1, RR .v i I _ ` L 4 XE ce • -I HANRISON _ V 1 PINE ' _ PU®-R. cck:)-Al I wiligrAms fyi, . RR t 1 • CV 40 ,"4O.ON CO i ( 1 �� DRIVE k_ ( • c a NM (i) =II ilar% . . I • I IOND ' I Q7 /' .•�'2ON. 1 SuperAmerica Hwy. 7/41 Sign September 21, 1988 Page 2 APPLICABLE REGULATIONS Section 20-1302 permits a ground low profile business or institu- tional sign not to exceed 24 square feet per street frontage with ' a maximum of two signs per lot for the Neighborhood Business District. Such signs shall be located at least 10 feet from any property line and shall not exceed 5 feet in height (Attachment #1) . Section 20-1255 permits motor fuel price signs only if such signs are affixed to the fuel pumps or a main integral part of the ' ground low profile or pylon business sign otherwise permitted in the zoning distirct. Motor fuel price signs affixed to the fuel pump shall not exceed four ( 4 ) square feet in sign display area. ' When such signs are made an integral part of a freestanding sign, they shall not exceed 30% of the total sign display area (Attachment #2) . ANALYSIS The subject site is located on the southwest corner of Highway 7 ' and 41 . The site is proposed to be developed by SuperAmerica as a convenience store with gas pumps. The site is zoned BN, Neighborhood Business District and has two street frontages . The ' signage of the site is limited to two 24 square foot ground low profile signs and wall signs . The applicant is also permitted motor fuel price signs affixed to the fuel pumps (maximum 4 square feet) . The applicant is proposing to combine the two per- mitted 24 square foot ground low profile signs into one 45 square foot ground low profile sign (Attachment #3 ) . The applicant has stated that a 24 square foot sign is not large enough to contain the SuperAmerica name, motor fuel price signs and be easily seen by traffic on Hwy. 7 . The City Code permits the City Council to grant a variance upon ' the recommendation of the Planning Commission where strict compliance of the ordinance would cause a hardship and the variance would be in keeping with the intent of the district and ' ordinance. The site is located on the corner of Hwy. 41 and 7 and the zoning of the site does not permit pylon signs. Although the site is located adjacent to two highways , the intent of the zoning district is to provide limited low intensity neighborhood retail. The type and size of signs permitted in the BN District were developed to support neighborhood retail while not impacting surrounding neighborhood uses . As the ordinance is currently ' written, the applicant is permitted signage for the proposed use and the existing features of the site do not create a hardship for which to grant the variance. If the Planning Commission and City Council feel a larger sign should be permitted within the BN District then a zoning ordi- nance amendment would be more appropriate than granting a i SuperAmerica Hwy. 7/41 Sign September 21 , 1988 Page 3 variance where it is difficult to prove hardship. The idea of combining ground low profile signs which are permitted on a site would be an appropriate amendment in that it reduces the number of signs on a site and within the City. This option would also permit an applicant the choice between two smaller signs or one larger sign (maximum 48 square feet - 24 square feet times 2) . RECOMMENDATION ' Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends denial of the Sign Variance Request #88-12 and recommends that staff proceed with a zoning ordinance amendment to the BN District Sign Regulations to allow two 24 square foot ground low profile signs to be combined into one 48 square foot ground low profile sign if the site is per- mitted two ground low profile signs . " NOTE: Should the Planning Commission grant the variance, the reason (hardship) for approval should be stated. Also, it appears the proposed fuel prices exceed 30% of the sign area. An amended sign detail should be provided with the motor fuel prices not exceeding 30% of the sign area. , PLANNING COMMISSION ACTION The Planning Commission recommended denial of the sign variance ' request because they felt that a hardship did not exist. The Commission requested that the City Council direct staff whether or not to pursue a zoning ordinance amendment to allow the two ground low profile signs to be combined into one 48 square foot ground low profile sign in the BN, Neighborhood Business District. ' CITY COUNCIL RECOMMENDATION Staff recommends that the City Council deny the Sign Variance Request #88-12 unless the Council can determine that a hardship does exist. Staff is also recommending that the City Council give direction to staff as to whether a zoning ordinance amend- 11 ment to the sign regulations in the BN District should be pursued. ATTACHMENTS ' 1 . Section 20-1302 from City Code. 2 . Section 20-1255 from City Code. 3 . Proposed sign. 4 . Planning Commission minutes dated September 21 , 1988 . § 20-1301 CHANHASSEN CITY CODE ' collector street as designated as such in this chapter. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operations, and shall be securely anchored to the ground. ' V (Ord. No. 80, Art. IX, § 5, 12-15-86) Sec. 20-1302. Neighborhood business and institutional districts. ' The following signs shall be allowed by permit in any OI or B-1 District: (1) Ground low profile business signs. One (1) ground low profile business or institu- tional 1111 \ sign not exceeding twenty-four (24) square feet of sign display area shall be permitted per street frontage, with a maximum of two (2) such signs per lot. Such sign shall be located at least ten(10)feet from any property line and shall not exceed five(5)feet in height. (2) Wall business sign. One (1)wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign ' display area shall not exceed ten (10) percent of the total area of each building wall upon which the signs are mounted, but no individual business sign shall exceed twenty-four (24) square feet in sign display area. A wall business sign shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. (Ord. No. 80, Art. IX, § 7, 12-15-86) Sec. 20-1303. Highway and eneral business siness districts. ' The following signs shall be allowed by permit in any BH, BG, or BF District: (1) Ground low profile business signs. One (1) ground low profile business sign shall be permitted per street frontage, with a maximum of two (2) such signs per lot. Such ' signs shall not exceed eighty(80)square feet in sign display area nor be greater than eight (8) feet in height. Such signs shall be located at least ten (10) feet from any property line.In no case shall any lot contain more than two(2)freestanding business ' signs, whether such signs are pylon or ground low profile signs. (2) Pylon business sign. One(1)pylon business sign, not exceeding sixty-four(64)square ' feet in sign display area, shall be permitted per lot. A pylon business sign greater than sixty-four(64)square feet, but equal to or less than eighty(80)square feet, may be permitted after securing a conditional use permit. Such signs shall be located at ' least ten (10) feet from any property line, and shall not exceed twenty (20) feet in height.In no case shall any lot contain more than two(2)freestanding business signs, whether such signs are pylon or ground low profile signs. ' (3) Wall business signs. One(1)wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign display area shall not exceed fifteen(15)percent of the total area of the building wall upon which the signs are mounted. No individual business sign shall exceed eighty (80)square feet in sign display area. A wall business sign may be mounted upon any wall of a principal building. 1268 �'l ZONING ' § 20-1255 See. 20-1255. Signs allowed without permit. , The following signs are allowed without a permit: 1' (1) Campaign signs, not exceeding twenty-four (24) square feet in area. The sign must P contain the name of the person responsible for such sign, and that person shall be 1 responsible for its removal. Such signs shall remain for no longer than seventy-five (75) days in any calendar year. The city shall have the right to remove and destroy signs not conforming to this paragraph. (2) Directional signs. ' a. On-premises signs shall not be larger than four (4) square feet. The number of signs shall not exceed four(4)unless approved by the city council. b. Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be approved by the city council and shall contain no advertising. (3) Signs or displays which contain or depict a message pertaining to a religious,nation- al,state or local holiday and no other matter and which are displayed for a period not to exceed seventy-five(75)days in any calendar year. (4) Informational signs not exceeding sixteen(16)square feet. (5) Integral signs. (6) Motor fuel price signs are permitted on the premises of any automobile service station only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four(4)square feet in sign display area.When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed thirty(30)percent of the total sign display area of the sign. , (7) Nameplate signs not exceeding two(2)square feet. (8) Nonilluminated construction signs confined to the site of the construction, alteration , or repair. Such a sign must be removed within one (1)year of the date of issuance of the first building permit on the site and may be extended on an annual basis. One(1) sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed fifty(50)square feet in sign area, and residential construction signs may not exceed twenty-four(24)square feet in sign area. (9) O.S.H.A. signs. (10) Signs of a public, noncommercial nature erected by a governmental entity or agency including safety signs, directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. 1 1261 }- I , I T I - , ,,--,1,-. - 2. ''.:it:- - -C4 an -“:•A7*-+1,4,'4, I - - _ '.7y'Y.A . _ ate+.—SIENZEMala v 411112123=1111 - .7,' � w_ F - i \p - -a se t I USA. - fir.` 2i ODiv ...•yiif �-e:.fYr')• 'ti-'�' °'�. 111 iSUPERAMERICA® 1111111121127 141115111111151165MINI ... .„, .- , r 0 , ... . ,1 . r• „Js9.„ _ .. '— . ^'4, t .. "JA _is d5 I ,I` 1'-6" 1 I CONC. PEDESTAL 0 FRONT ELEVATION 4" THICK 18" x 9'-6" 3/4":1'-o" CONC. SLAB I SIGN BOX 9'-o" • .._.... ...., „ . . . . 1 , _ — i . . • ._. .• , • .ot_ • 1 c,,, ..... . . ,—__—, , i ._ • , .. — • . . •. . . ..i 12" I 18" 4. . I ANCHOR BOLTS SET IN / 0 CONC. PED. TEMPLATE I TOP ELEVATION FOR SPACING PROVIDE 1/2":1'-0" BY SIGN MFR. 1 . . � I AUG ' 1938 ' (-_.;-j-Y r)F Cr.4ANs,A:-',.- 1 4 1 41.114. •.w NEW GROUND SIGN '' v o m • SUPERAMERICA # 4148 = • • 1 • ----__ KIRKWOOD, MO ` o o ,• II Planning Commission Meeting September 21 , 1988 - Page 20 II 1. The site plan shall meet the conditions of the conditional use permit approval . 2. The wall signs shall meet the requirements of the ordinance. I 3. No signage will be permitted on the gas canopy. 4. All rooftop equipment must be screened from view from any direction . I 5. The trash enclosure must be totally screened. 6. The applicant shall not receive a building permit until MnDot has II approved access permits for Hwy. 7 and Hwy. 41, the access points have been installed and the final plat and development contract for HSZ has II been recorded with Carver County. 7. The revised plan shall be reviewed and approved by the Minnesota Department of Transportation prior to final site plan review and I comply with their conditions . 8. Storm sewer calculations shall be submitted to the City Engineer for II approval prior to final site plan review. 9 . An erosion control plan shall be submitted to the City Engineer for I approval prior to final site plan review. 10. The applicant shall provide the City with a copy of the executed roadway easement for the portion of Lot 2, Block 1 which serves the I westerly access for the subject parcel . 11. Utility service for this property is contingent upon the HSZ site I improvements . All voted in favor except Batzli. who abstained and the motion carried . I Wildermuth: Why are you abstaining? Batzli : I don ' t like the easement that they' re doing . I don ' t like the II traffic pattern there. II SIGN VARIANCE REQUEST TO ALLOW A 45 SQUARE FOOT GROUND LOW PROFILE SIGN INSTEAD OF THE PERMITTED 24 SQUARE FOOT GROUND LOW PROFILE SIGN. Jo Ann Olsen presented the staff report . II Chairman Conrad called the public hearing to order . I ,� Roman Mueller : I 'm Roman Mueller with SuperAmerica. We' ve looked at the 24 square foot sign and it deals back to the same issues we' ve had for other Chanhassen signs . Visibility for traffic speed, etc. so what we' re II ` Planning Commission Meeting September 21 , 1988 - Page 21 • requesting is to yo up to the 45 square feet instead of 24 for that visibility purpose. If you ' re all willing to go along with the change in the ordinance or the amendment to the ordinance , we ' d be more than willing ' to wait for that process to go through. Otherwise, we would like to push for the variance with an option to change it at a later date. It ' s strictly a visibility issue for us with the signage. It' s a matter of one sign versus two signs . Same square footage basically. Just in one ' location. Conrad : Jo Ann, this is not an old sign ordinance . It ' s been approved recently. Do you think we have a problem? Obviously our sign ordinance is restrictive and it was restrictive with intent . Do you think that it' s worthwhile for staff and City Council to review this item? Olsen : Again , the site is unique because it ' s on two highways . Typically the BN districts are more in the neighborhood areas where there' s a collector street , local street and slower traffic . I do feel that there would be justification for reviewing the ordinance. I feel that this could be applied to other sites . Conrad : Because the business neighborhood sign is restrictive and you feel that other business neighborhoods should have that same perogative? Olsen : I see it as an option to reduce the number of signage also. They I( can have two signs on the site, you can only have one. The 48 square feet still isn ' t a real big sign that would be negative to . . . The only other development we' ve had in the BN district was permitted . . . Conrad : So the advantage is to combine? That ' s what you'd like to see? ' Olsen: I think so . Wildermuth moved , Batzli seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed . Emmings : I don ' t see the hardship and therefore I don ' t think we should ' grant a variance. I think we should go through the other process . Ellson : I like to shy away from variances too . In this case, that sounds ' like a good combination but as soon as we get into one place, the next time it will be different . Batzli : What the heck did we end up doing at the other SuperAmerica store? Or what did the Council end up doing? I don ' t recall . Olsen: Staff was doing that as a variance and they had the option . . .but ' they wanted that option to go through a conditonal use permit. They got to the Council and the Council felt it should be, because they couldn ' t find a hardship, they said , this should be reviewed as a conditional use permit and not as a variance . So we took it back through the process , Ithrough the Planning Commission and the Council so they have their sign with a conditional use permit . That did permit a larger sign with a I Planning Commission Meeting September 21, 1988 - Page 22 C conditional use permit . , Batzli : So a conditional use permit isn ' t available in this? Olsen: No . ' Batzli : I don ' t see the hardship really. As I recall last time they were talking about a couple of square feet , not doubling in size. I also don ' t I necessarily think that amending the ordinance is the way to- go . I think we've got a good ordinance that we made good and tight for a reason. I don' t see the need to readdress that issue. Wildermuth: I would like to try and avoid a variance also. I guess the requesting from a visual pollution standpoint is one large sign any less offensive than two small signs or is it more offensive? I would be willing to take a look at the sign ordinance again but I don ' t think there' s a hardship in this case. Headla : I think we should ask the staff to go back and take a look and see if we want to reword in certain situations . Conrad : Yes , I don' t think this justifies a variance either . I 'm not sure I 'd change the ordinance but I think what we need is City Council direction on how staff uses it ' s time. If they feel the sign ordinance should be reviewed for the business neighborhood district , they certainly can do that . Is there a motion? Batzli moved , Ellson seconded that the Planning Commission recommend denial of Sign Variance Request #88-12. All voted in favor and the motion carried . Conrad : A footnote to that motion I guess Jo Ann is to make sure that .City staff gets direction from the City Council in terms of review of the sign ordinance . PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A LANDSCAPING CONTRACTOR' S YARD ON 12. 1 ACRES OF PROPERTY ZONED A-2, AGRICULTURAL ESTATE AND LOCATE DON GALPIN BOULEVARD 1/2 MILE NORTH OF HWY. 5, DAVE STOCKDALE. ' Public Present : Name Address ' Dave Stockdale Applicant Mike Klingelhutz Jo Ann Olsen presented the staff report . Chairman Conrad called the public hearing to order .