5 US Bank Sign Variance at 800 West 78th Street
CITY 0 F
CHANHASSEN
5,
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PC DATE: 11/18/98
CCDATE: 12/14/98
CASE #: 98-25 SIGN (V AR)
By: Kirchoff:v
STAFF REPORT
PROPOSAL:
(1) A request for an 8.25 sq. ft. variance from the requirement that wall
business signs shall be permitted on street frontage for each business
occupant within a building only and that 3 percent or 225 sq. ft. of the wall
may be covered with signage.
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(2) A request for an amendment to Variance # 94~ I.
LOCATION:
800 West 78th Street
(Byerly's)
APPLICANT:
Leroy Signs, Inc.
Chris Clark
6325 Welcome Avenue North
Minneapolis, MN 55429
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US Bank
2800 East Lake Street
Minneapolis, MN
728-8440
PRESENT ZONING:
BG, General Business
ACREAGE:
N/A
DENSITY:
N/A
ADJACENT ZONING
AND LAND USES:
N: PUDR, Planned Unit Development Residential
S: PUD, Planned Unit Development; Target
E: 01, Office/Institutional; City Hall
W: BG, General Business
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WATER AND SEWER:
Available to the site
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PHYSICAL CHARACTER:
This site contains a shopping center with a grocery store as the
main tenant.
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2000 LAND USE PLAN:
Commercial
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US Bank Variance
November 18, 1998
Page 2
PLANNING COMMISSION UPDATE
This item was reviewed by the Planning Commission on November 18, 1998. The Planning
Commission had concerns that permitting US Bank to install the wall sign without street
frontage would set a precedent. That is, other tenants without street frontage may request
exterior wall sign age in this and other buildings. Although they would like to see US Bank
install permanent sign age, they unanimously recommended denial of the variance request.
A representative from US Bank stated that the window sign age that staff recommends is
non-negotiable with Byerly's.
This staff report has been revised. All new information is in bold.
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). (Note: US Bank is located inside the
Byerly's grocery store and does not have street frontage.)
Section 20-1303 (3) states that the total of all wall mounted sign display areas shall not exceed 3
percent of the total wall area (Attachment 2).
BACKGROUND
In 1994, Byerly's was granted a 351 sq. ft. variance for the installation of the signage on West
78th Street. At that time, wall signage could not exceed 80 sq. ft. or 15 percent of the wall area.
Byerly's proposed to install 431 sq. ft. of sign age on the West 78th Street frontage. The sign
ordinance was amended in 1995 to limit the size ofthe wall sign to a certain percentage of the
wall area depending on the size. For instance, since Byerly's has 7,500 sq. ft. of wall area on
West 78th Street, they would be permitted to have 3 percent or 225 sq. ft. of signage. By today's
standards, Byerly's exceeds the permitted sign area by 206 sq. ft.
US Bank is requesting a variance from the sign ordinance requirements and an amendment to
Variance # 94-1 to install a wall sign. A variance is required for the applicant since signs are
only permitted for tenants with street frontage and Byerly's was granted a variance for the
existing signage.
ANALYSIS
The applicant is requesting a variance to install an 8.25 sq. ft., non-illuminated wall mounted
sign along West 78th Street. The sign is proposed to be located between the existing "Byerly's"
and "Wines & Spirits" signage. The sign is proposed to be white and red.
US Bank Variance
November 18, 1998
Page 3
Staff does not believe that US Bank has not demonstrated a hardship. A hardship is present
when a reasonable use cannot be made of the property. The owner does have more than a
reasonable opportunity to install signage for the primary use. Byerly's was granted a large
variance from the ordinance for signage on the south and east sides of the building. A condition
of approval of the variance was that "the signage for the remainder of the development shall
comply with city code" (see Attachment 4). The proposed US Bank sign does not comply with
the sign ordinance. If the variance is approved, Byerly's variance (#94-1) would have to be
amended. Staff fails to recognize the rationale for approving an additional 8.25 sq. ft. of signage,
when 647 sq. ft. of additional signage was approved 3 years ago. Byerly's has the second largest
wall sign in the city, behind the Chanhassen Bowl. An 8 sq. ft. sign is not large, but a limit must
be placed. What will happen if Caribou Coffee and Leeann Chin request outdoor signage? If
this variance is approved, their signage needs should be taken into consideration. However, they
do not have street frontage, so they are not entitled to wall signage by ordinance.
This appears to be an issue between Byerly's and its interior tenants. Byerly's should have made
provisions for signage for interior tenants at the time of site plan review. It would have been
wise to include interior tenants on the pylon. Since the pylon cannot accommodate additional
signage, perhaps the most logical place for new signage would be the glass doors along West 78th
Street. The city does not require a sign permit for window signage, however, it is limited to 50
percent of the window area. This will allow for the visibility that US Bank needs.
Based on this information, staff does not believe that the applicant has demonstrated a hardship
and cannot recommend approval of this variance.
FINDINGS
The Planning Commission shall not recommend and the City Council shall not grant a variance
unless they find the following facts:
a. 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. Window signage can
be placed on the doors along West 78th Street for visibility. Byerly's existing signage is
already very large, 431 sq. ft. on West 78th Street. Approving an additional 8 sq. ft. for a
tenant that does not have street frontage will depart from existing standards. It may set a
precedent for signage for tenants without street frontage.
US Bank Variance
November 18, 1998
Page 4
b. 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
building to warrant the approval of this variance.
c. 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 bank by making it more visible to prospective and existing customers.
However, that is not the only reason.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: Staff believes that this hardship was created by Byerly's and US Bank. The
applicant created the hardship by proposing to install a wall sign that does not meet
ordinance requirements. Also, Byerly's should have made provisions for interior tenants on
the existing pylon prior to site plan review.
e. 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.
Finding: Approving this sign variance will permit wall signage that is much larger than
typically found in business zoning districts.
f. 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 variance will permit 439 sq. ft. of signage to be installed on a wall that is
only permitted to have 225 sq. ft. of signage.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council denies the request for an 8.25 sq. ft. variance from the sign ordinance and
amendment to Variance #94-1 for the construction of an 8.25 sq. ft. non-illuminated wall sign based
upon the findings presented in the staff report and the following:
US Bank Variance
November 18, 1998
Page 5
1. The applicant has a reasonable opportunity to installing signage on the glass doors along West
78th Street."
ATTACHMENTS
1. Application and Letter
2. Section 20-1303, Sign Ordinance, BG District
3. Site Plan
4. Conditions of Approval for Variance #94-1
5. Property Owners
6. Minutes from November 18, 1998 Planning Commission meeting
g:\plan\ck\plan comm\usbank sign var 98-25.doc
^ TrnCf-tM IZNT 1
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT: Leroy Signs, Inc. ATIN: Chris Clark
ADDRESS: 6325 Welcome Avenue North
Minneapolis, MN 55429
USbank
OWNER:
2800 East Lake Street
ADDRESS:
Minneapolis, MN 55406
TELEPHONE (Day time) 535-0080
TELEPHONE: 728-8440
_ Comprehensive Plan Amendment _ Temporary Sales Permit
- Conditional Use Permit - Vacation of ROW/Easements
- Interim Use Permit X Variance
_ Non-conforming Use Permit - Wetland Alteration Permit
_ Planned Unit Development" _ Zoning Appeal
_ Rezoning _ Zoning Ordinance Amendment
_ Sign Permits
_ Sign Plan Review _ Notification Sign
- Site Plan Review" -L Escro\\' fer FHing Fees/Attorney' Cost..
($50 CUP/SPAN ACN AR/W AP/Metes
and Bounds, $400 Minor SUB)
- Subdivision" TOTAL FEE $ 75'CO
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 ~ copies of the plans must be submitted, including an 8%" X 11" reduced copy of
transparency for each plan sheet.
"* Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
PROJECT NAME
USbank
lOCATION 800 West 78th Street
LEGAL DESCRIPTION
TOTAL ACREAGE
WETLANDS PRESENT
PRESENT ZONING
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
Requesting permission to install (1) one small 8.25 square foot
REASON FOR THIS REQUEST
YES
NO
non-illuminated logo and letters.
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title. Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions a.re approved by the. applicant.
/// (2[11
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Signature of Applicant
It) ;;~? hr
'Date'
Signature of Fee Owner
Application Received on Ie Ill(? Ie{ CO Fee Paid ?/?7FJfD
Date
Receipt No. 4-;zw d--
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address.
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October 15, 1998
City of Chanhassen
690 City Center Drive
P.O. Box 147
Chanhassen, MN 55317
Attn: Cynthia Kirchoff, Planner
RE: Variance Application
USbank, 800 78th Street
Dear Cynthia:
Please find enclosed a variance application for one e:\1erior sign and the $75.00 fee. USbank has
instructed me to apply for this variance. Enclosed is the approval from the owner, T.F. James Co. and
Byerly's.
Apparently Byerly's has used up all the allotted square footage for the exterior signage; therefore, USbank
is requesting a variance to install one e:\1erior, 8.25 square foot wall sign on the south elevation of the
Byerly's store under the brick canopy.
As you know, USbank (forn1erly First Bank) is a sub-tenant of Byerly's and has a small retail banking
center located inside. USbank would prefer a larger internally illuminated sign located on the top brick
area (where existing banner is located), but is willing to settle for a smaller less visible sign to satis(v all
parties involved.
Please review all the enclosed materials and compile a property owner list at a cost of $1. 50/name. Please
let me know what else may be needed.
Sincerely,
LEROY SIGNS, INC.
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ZONING
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~ 20-1303
See;. 20-1303. Highway, 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.
Principal
Structure
50,000 sq. ft. or greater
Less than 50,000 sq. ft.
Height
(feet)
20
16
Pylon
Sign Size
(square feet)
80
64
Ground Low Profile
Height Sign Size
(feet) (square feet)
10 80
8 64
~1) 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.
(2) 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.
(3) Wall business signs. Wall business signs shall be permitted on street frontage for each
business occupant within a building only. The total of all wall mounted sign display
areas for each business shall not exceed the square footage established in the following
table:
Maximum Percentage
of Wall
15%
13%
11%
99c
79c
5%
3%
Wall Area in Square Feet
0-600
601-1,200
1,201-1,800
1,801-2,400
2,401-3,200
3,201-4,500
4,500+
Maximum Square
Footage of Sign
90
156
198
216
224
230
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
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ATlAc.ttM fLNT 1-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SIGN VARIANCE #94.1
1. Permit. Subject to the terms and conditions set forth herein, the City of
Chanhassen hereby grants the following variance:
Variance to the sign ordinance.
2. Properly. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as follows:
Lot 4 . Block 1, West Village Heights 2nd Addition
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3. Conditions. The variance is issued subject to the following conditions:
A variance to the sign ordinance for the West Village Center to permit a maximum of
four hundred thirty-one (431) square feet of sign area on the south elevation of Byerly's
(a variance of 351 square feet) and a maximum of three hundred seventy-six (376) square
feet of signage on the east elevation of Byerly's (a variance of 296 square feet), approval
of signage on the west elevation of the retail center, and denial of the variances to permit
signage on the west elevation of Byerly's. This approval is subject to the following
conditions:
a. Signage shall be individual block letters. No pan or panel signs shall be
permitted.
b. All signs require a separate permit.
c. The signage will have consistency throughout the development. Consistency in -
signage shall relate to color, size, materials, and heights.
d. Only back-lit individual letter signs are permitted.
e. Individual letters may not exceed four (4) feet in height exclusive of the Byerly's
sign.
f. The signage for the remainder of the development shall comply with city code.
g. A pylon sign shall be limited to a height of 18 feet and an 8 foot width.
h. The words "OPEN 24 HOURS" shall be eliminated from the east wall.
1. Byerly's name shall have the consistent color blue which is PMS 286.
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dared: April II, 1994
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CITY OF CHANHASSEN
By(Jp ~~~
~rniel, Mayor
AND: A2 1Ot-~
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Don Ashw011h, City Manager
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STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~Jday of \.A. ./ ,
19.,jL, by Donald 1. Chmiel, Mayor and Don Ashworth, City Manager, ~f
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
authority granted by its City Council.
~{\DRAFTED BY:
1,fiJJ Campbell, Knutson, Scott
~\/ & Fuchs, P.A.
?\- Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
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I t~i4~) rIOI.,RI PUULIC-'\1"r':ESOTA I
I fi;:A/~:'. CARVER CO!J';TY ,
1-::::~:.c:"~.:.:::,~' :;,;'~T.2.6.2?2::!
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
C~~NJJ OF CARVER
Filing FeeJ -==- Copy Fee 150
This is to certify that this document
waT-f~le_d ,inJ.tJj5 office on the.c22day
Of~ 1 ~A.D.at---9--:o 'clock
n M. and was duly recorded as
document no. 168736
~ CARL W. HANSON JR.
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City Council Meeting - April 11, 1994
* Councilman Wing moved, Councilman Mason seconded to approve the variance to the sign ordinance ror
the West Village Center to permit a maximum or 431 square reet or sign area on the south elevation or
Byerly's (a variance or 351 square reet), and a maximum or 376 square reet or signage on the east.
elevation or Byerly's, (a variance or 296 square reet), approval of the signage on the west elevation or the
retail center and denial of variances to permit signage on the west elevation of Byerly's This approval is
subject to tbe rollowing conditions:
1. Signage shall be individual block letters. No pan or panel signs shall be pennitted.
2. All signs require a separate pennit.
3. The signage will have consistency throughout the development Consistency in signage shall relate to color,
size, materials, and heights.
4. Only back-lit individual letter signs are permitted.
5. lndividualletters may not exceed four (4) feet in height exclusive of the Byerly's sign.
6. The signage for the remainder of the development shall comply with city code.
7. A pylon sign shall be limited to a height of 18 feet.
8. The words "Open 24 Hours" should be eliminated from the east elevation.
9. Deleted.
10. The square footages for the signage stated in the body of the recommendation shall account for the removal
of the words "Open 24 Hours" from the signage text.
11. Byerly's name shall have the consistent color blue which is PMS 286.
All ,'oted in favor, except Councilman Senn who opposed and the motion carried with a vote of 4 to 1.
t1
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AMENDMENT TO CITY CODE TO BRING THE WETLAND ORDINANCE INTO COMPLIANCE
WITH THE WETLAND CONSERVATION ACT, FIRST READING.
Councilwoman Dockendorf: Move approval.
Mayor Chmiel: I think everybody has read it
Councilman Mason: Second it.
Mayor Chmiel: Moved and seconded. Any other discussion?
Councilman Senn: Yeah, one second. Bringing into conformity from the 150 to 75 raises an interesting issue
with a project that we've already got turned down but if you all want to approve it. go right ahead but it
45
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
-M8"'~, November 18, 1998
:DNESDAY at 7:00 p.m.
City Hall Council Chambers
690 City Center Drive
REG!
'tB coR
LB^SB NO G D^"" IS
P N1BB'tlN D^""
Wf,DNBS
;UBJECT: Sign Variance Request
\PPLlCANT: US Bank
.DCA TIDN: 800 West 78th Street
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NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicants, US Bank for a variance from the area requirements of the sign ordinance for
the construction of a wall sign located at 800 West 78th 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 Mayor 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.
4. Public hearing is closed and the Council discusses project. The City Council will then
make a decision.
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 Cynthia Kirchoff 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 November 5, 1998.
MARKET SQUARE ASSOC L TD PTRSHP
C/O LOTUS REALTY SERVICES,
P. O. BOX 235
CHANHASSEN, MN 55317
TF JAMES COMPANY
SUITE 500
6640 SHADY OAK RD,
EDEN PRAIRIE, MN 55344
OAK PONDS ASSOCIATION
20170 - 75TH AVE N
CORCORAN, MN 55340
DEAN JOHNSON CONSTRUCT
SUITE A
20170 75TH AVe. 1~0.
CORCORAN. MN 55340
SARAH & BRYAN PRESCHER
926 KELLY COURT
CHANHASSEN, MN 55317
SUZANNE SON DUCK
930 KELLY COURT
CHANHASSEN, MN 55317
PETER & KRISTIN TERRELL
938 KELLY COURT
CHANHASSEN, MN 55317
B.C. JIM BURDICK
684 EXCELSIOR BLVD
EXCELSIOR, MN 55331
ISD 112
110600 VILLAGE ROAD
CHASKA, MN 55318
WENDY'S INTERNATIONAL
ATTN: ANGIE LEWIS
4288 WEST DUBLIN GRANDVILLE RD
DUBLIN, OH 43017
FESTIVAL FOODS
7900 MARKET BLVD
CHANHASSEN, MN 55317
KAREN KISER
7601 NICHOLAS WAY
CHANHASSEN, MN 55317
GERALDINE & NEIL GILLIS
7603 NICHOLAS WAY
CHANHASSEN, MN 55317
MICHAEL & SUZANNE KUETHE PEKARNA
7605 NICHOLAS WAY
CHANHASSEN, MN 55317
CATHERINE EHLEN
7607 NICHOLAS WAY
CHANHASSEN, MN 55317
SHERRIE NEUHEISEL
7609 NICHOLAS WAY
CHANHASSEN, MN 55317
DALE BOYER
7611 NICHOLAS WAY
CHANHASSEN, MN 55317
MATTHEW WALSH
7613 NICHOLAS WAY
CHANHASSEN, MN 55317
MARGARET & MICHAEL CUCCIA
7615 NICHOLAS WAY
CHANHASSEN, MN 55317
SARA RALSTON
7619 NICHOLAS WAY
CHANHASSEN. MN 55317
DAWN GLANDER
7621 NICHOLAS WAY
CHANHASSEN. MN 55317
LEE KARELS & KIMBERLY STUMM
7623 NICHOLAS WAY
CHANHASSEN, MN 55317
JOHN ONDOV
7625 NICHOLAS WAY
CHANHASSEN. MN 55317
STEPHANIE VARNOLD
7627 NICHOLAS WAY
CHANHASSEN, MN 55317
LONNEE VAN DENHEUVEL
7629 NICHOLAS WAY
CHANHASSEN, MN 55317
DANIEL C NAVRATIL
7631 NICHOLAS WAY
CHANHASSEN, MN 55317
MARK FALZONE
7633 NICHOLAS WAY
CHANHASSEN, MN 55317
JAMES A. CORDER
7635 NICHOLAS WAY
CHANHASSEN, MN 55317
CHRISTOPHER JACKSON & VERNE NETZOW GREG MOURS/JONI FLlGIEL
7617 NICHOLAS WAY 7637 NICHOLAS WAY
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
rHY TINDELL
:9 NICHOLAS WAY
A.NHASSEN. MN 55317
ALLEN & JULIE BROWN
7659 NICHOLAS WAY
CHANHASSEN, MN 55317
STEVEN LA BERGE
7679 NICHOLAS WAY
CHANHASSEN, MN 55317
fiN KEIL
1 NICHOLAS WAY
!\NHASSEN. MN 55317
DIRK BIERBAUM
7661 NICHOLAS WAY
CHANHASSEN, MN 55317
PATTY PETERSON
7681 NICHOLAS WAY
CHANHASSEN. MN 55317
JCE AMUNDSON
3 NICHOLAS WAY
\NHASSEN. MN 55317
KATHLEEN SKOVRAN
7663 NICHOLAS WAY
CHANHASSEN, MN 55317
CASEY POWELL
7683 NICHOLAS WAY
CHANHASSEN, MN 55317
W J. LINK
3 NICHOLAS WAY
\NHASSEN, MN 55317
CARL & SHAUN PEDERSON
7665 NICHOLAS WAY
CHANHASSEN, MN 55317
DANA GEISERT
7685 NICHOLAS WAY
CHANHASSEN. MN 55317
CY HANSON
7 NICHOLAS WAY
.NHASSEN, MN 55317
JEAN MAHLEN
7667 NICHOLAS WAY
CHANHASSEN. MN 55317
JACKIE & BRENT CARLSON
7687 NICHOLAS WAY
CHANHASSEN. MN 55317
LY
I NICHOLAS WAY
NHASSEN, MN 55317
LAURA LUSSON
7669 NICHOLAS WAY
CHANHASSEN, MN 55317
T AMI LARKE
7689 NICHOLAS WAY
CHANHASSEN. MN 55317
::::1 VIELBIG & WILLIAM DALE
NICHOLAS WA Y
NHASSEN. MN 55317
DONNA PFAFF
7671 NICHOLAS WAY
CHANHASSEN, MN 55317
MONICA HANLEY
7691 NICHOLAS WAY
CHANHASSEN. MN 55317
fNA SZARKE
NICHOLAS WAY
\JHASSEN, MN 55317
DEBBIE SCOTT
7673 NICHOLAS WAY
CHANHASSEN, MN 55317
DARCY JOSLIN
7693 NICHOLAS WAY
CHANHASSEN, MN 55317
:MY & SHEILA CARTER
NICHOLAS WAY
~HASSEN, MN 55317
ELTON KLUG
7675 NICHOLAS WAY
CHANHASSEN, MN 55317
LYDIA KIEBZAK
7695 NICHOLAS WAY
CHANHASSEN, MN 55317
~ ELLEN WALTER
\JICHOLAS WAY
HASSEN, MN 55317
DAN FLAHERTY
7677 NICHOLAS WAY
CHANHASSEN, MN 55317
SCOTT GREBE
7697 NICHOLAS WAY
CHANHASSEN, MN 55317
CRAIG WILSON
7699 NICHOLAS WAY
CHANHASSEN, MN 55317
LORI CARSIK
7719 NICHOLAS WAY
CHANHASSEN, MN 55317
GARY JOHNSON
929 SANTA VERA DRIVE
CHANHASSEN, MN 55317
JEFF KREMER
7701 NICHOLAS WAY
CHANHASSEN, MN 55317
CHERYL ESTES
7721 NICHOLAS WAY
CHANHASSEN, MN 55317
WES ROPER
933 SANTA VERA DRIVE
CHANHASSEN, MN 55317
DOUGLAS PFANSTIEL
7703 NICHOLAS WAY
CHANHASSEN, MN 55317
CHARLES WALKER
7723 NICHOLAS WAY
CHANHASSEN, MN 55317
JEANNE EGEM
935 SANTA VERA DRIVE
CHANHASSEN. MN 55317
HAROLD & VIRGINIA LAMSON
7705 NICHOLAS WlJ.Y
CHANHASSEN, MN 55317
JOHN MOBERG
911 SANTA VERA DRIVE
CHANHASSEN, MN 55317
TRAECY WALDSCHMIDT
937 SANTA VERA DRIVE
CHANHASSEN. MN 55317
PETE & ANNE VOAS
7707 NICHOLAS WAY
CHANHASSEN, MN 55317
PAULA LANGER
913 SANTA VERA DRIVE
CHANHASSEN, MN 55317
CONNIE COOK
939 SANTA VERA DRIVE
CHANHASSEN. MN 55317
THOMAS & SHERYL ERICKSON
7709 NICHOLAS WAY
CHANHASSEN, MN 55317
PATRICIA HAUSK
915 SANTA VERA DRIVE
CHANHASSEN, MN 55317
COLLEEN UPTON
945 SANTA VERA DRIVE
CHANHASSEN, MN 55317
JEFF MILLER
7711 NICHOLAS WAY
CHANHASSEN, MN 55317
DAVID MEHL
917 SANTA VERA DRIVE
CHANHASSEN, MN 55317
SUSAN CONlET
947 SANTA VERA DRIVE
CHANHASSEN. MN 55317
NANCY METCAFF/K.GUENTHER
7713 NICHOLAS WAY
CHANHASSEN, MN 55317
MARK BERGER
923 SANTA VERA DRIVE
CHANHASSEN, MN 55317
JOHN LINDEN
949 SANTA VERA DRIVE
CHANHASSEN, MN 55317
EARNESTL.STONEBRAKER
2653 TWIN HARBOR HEIGHTS
COLORADO SPRINGS, CO 80919
JOSH NICHOLS
925 SANTA VERA DRIVE
CHANHASSEN, MN 55317
LARRY lAMOR
951 SANTA VERA DRIVE
CHANHASSEN, MN 55317
RODNEY BROWN & MICHELLE DREWELOW BETH TRAVER
7717 NICHOLAS WAY 927 SANTA VERA DRIVE
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
DAWN & PHILIP GLEASON
955 SANTA VERA DRIVE
CHANHASSEN. MN 55317
)NALD RYE
i7 SANTA VERA DRIVE
-1ANHASSEN, MN 55317
HA YES & G OBERLANDER
,9 SANTA VERA DRIVE
-1ANHASSEN, MN 55317
~ENDA SMIEJA
,1 SANTA VERA DRIVE
-1ANHASSEN, MN 55317
\RL W FERGUSON
7 SANTA VERA ORIVE
~ANHASSEN, MN 55317
'NTHIA BROWN
9 SANTA VERA DRIVE
1ANHASSEN, MN 55317
)RETTA LARSON
1 SANTA VERA DRIVE
~ANHASSEN, MN 55317
:BBIE JANZEN & JAMES MICKELSON
3 SANTA VERA DRIVE
JANHASSEN, MN 55317
..JEST FOOD SERVICE LLC
)STON MARKET #0807
50 WEST 109TH STR. STE 150
'ERLAND PARK, KS 66211
RKINS RESTAURANTS OPERATING CO.
75 POPLAR AVE., STE 800
:MPHIS, TN 38119
>STON CHICKEN, INC.
) ACIS CUST SVC - SHARI STEWART
) BOX 2440
OKANE, WA 99210-2440
TARGET STOES T-862
EXPENSE DEPARTMENT
P.O. BOX 1296
MINNEAPOLIS, MN 55440
RICHFIELD STATE AGENCY
STEVE KIRCHNER
6625 L YNDALE AVE SO
RICHFIELD, MN 55423
BYERLY'S
800 WEST 78TH STREET
CHANHASSEN. MN 55317
KINKO'S INC.
2555 55TH STREET
BUILDING 0200
BOULDER, CO 80501
TCF NATIONAL BANK
ATTN: MANAGER
900 WEST 78TH STREET
CHANHASSEN, MN 55317
TACO BELL CORPORATION
12800 INDUSTRIAL PARK BLVD, SUITE 110
MINNEAPOLIS, MN 55441
EDINA TOWERS
SUITE 1400
6400 BARRIE ROAD
EDINA, MN 55435
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
NOVEMBER 18, 1998
Chairman Peterson called the meeting to order at 7 :05 p.m.
MEMBERS PRESENT: Craig Peterson, Alyson Brooks, Allison Blackowiak, Ladd Conrad,
Kevin Joyce, and Matt Burton
MEMBERS ABSENT: LuAnn Sidney
STAFF PRESENT: Kate Aanenson, Planning Director; Cynthia Kirchoff; Planner I; and Dave
Hempel, Asst. City Engineer
PUBLIC HEARING:
US BANK FOR A VARIANCE FROM THE AREA REQUIREMENTS OF THE SIGN
ORDINANCE FOR THE CONSTRUCTION OF A WALL SIGN LOCATED AT 800
WEST 78TH STREET.
Cynthia Kirchoff presented the staff report on this item.
Peterson: Questions of staff? One. As we talk about, as you drive by and look at the window,
we can use 50% of that for signage. What are the other limitations behind that? Can it be back
lit? Can it be neon? Are there any other options? I can't remember the sign ordinance off the
top of my head.
Kirchoff: The sign ordinance doesn't regulate window signage, with the exception of the area.
You do see quite a few neon, back lit window signs in Chanhassen.
Peterson: This one you probably, you could or couldn't see it from the road? From the frontage
road. As I recall you can. My eye sight being bad, I wasn't, went by there again tonight but I
couldn't really tell whether you could see it or not.
Kirchoff: Are you referring to if they would put a sign on the door?
Peterson: Yeah.
Kirchoff: It would probably be hard but it would still be visible from the parking lot at least. So
you'd know that there was a US Bank inside of the building.
Peterson: The other option is I think as you mentioned, to redo the pylon sign at the entrance.
Kirchoff: Yes, that would be another option.
Peterson: Do you know whether or not US Bank is renting from Byerly's or from the building
owner?
Planning Commission Meeting - November 18, 1998
Kirchoff: I'm not certain. Is there anyone here for US Bank?
Peterson: We'll get to that question when he makes his presentation than. Kevin, we're just
going through the sign variance for US Bank and asking questions of staff. Do you have
anything before we move on?
Joyce: ... what the status of the banner if this does, if this is approved or not approved. What
happens?
Kirchoff: The banner will have to be taken down.
Joyce: Regardless the banner comes down?
Kirchoff: Yes.
Peterson: Other questions of staff? Okay. Would the applicant or their designee wish to make a
presentation? State your name and address please for the record. Why don't you come up front
if you would.
Bruce Wagner: My name is Bruce Wagner and my address is 12608 Driftwood Lane, Apple
Valley, Minnesota. I'm the Retail Market Manager for US Bank for the western suburbs and I'd
like to thank the Planning Commission for considering our signage request and to thank the staff
for their analysis on the issue. My comments are very brief. I just have three very brief
comments and number one is that our request is only for 8 square feet of a non-illuminated sign
and we feel that would be important to us, for perspective customers and existing customers.
And the second in terms of the options in terms of signage on the glass front and the other
options of Byerly's. Byerly's management has indicated that those issues are non-negotiable. So
Ijust am making you aware of that for your consideration. And the third is basically that we're
in Chanhassen to stay and we think it's a great community and we make loans to individuals and
businesses and they contribute to the economic success of the community. And again we'd just
like to thank you for your consideration of our signage request.
Peterson: This item is open for a public hearing. May I have a motion to open it for public
hearing and a second please?
Joyce moved, Blackowiak seconded to open the public hearing. The public hearing was
opened.
Peterson: This is a public hearing. Anyone wishing to address the commission, please come
forward please. Seeing none, is there a motion to close the public hearing?
Brooks moved, Joyce seconded to close the public hearing. The public hearing was closed.
Peterson: Commissioners. Matt, do you have comments on this one?
2
Planning Commission Meeting - November 18, 1998
Burton: Well I think it's a little bit of a tough one in that I would like to see US Bank have a sign
and I think it'd be nice if they had a sign. I think it's unfortunate though that this wasn't
contemplated when Byerly's first came through and the variance ordinance is pretty clear with
it's conditions and I don't think that the request meets the conditions so I think it's, I think it'd be
hard to approve the variance.
Peterson: Kevin, your respective comments.
Joyce: I have to ask a question again of staff. When the applicant mentioned something being
non-negotiable, that's the window sign? They're not going to allow that is what I'm hearing,
correct?
Bruce Wagner: Our discussions with Byerly's...
Joyce: So you in essence will not have any signage whatsoever outside?
Bruce Wagner: Correct.
Joyce: The problem I have with it is the way I view this. It looks like a variance on a variance is
what we're asking for, and that's my biggest concern about this whole thing. I do want to put in,
my position though is I'd like to see them have the ability to put the sign up. That's just my
opinion but I've got a problem with the variance on the variance. So I'm not giving you any
good direction here. I don't know which way to go with this to be perfectly honest with you. I
think that there is somewhat of a compelling reason that they should be allowed, if there are
tenants there, regardless of our ordinance, that they should be allowed to have some signage. I
mean I don't think it's not illuminated signage so it's just a signage on a wall. And I don't have a
problem with that. I do have a problem with the variance on the variance. I'd like to come back
and hear what everyone else has to say because I'm kind of on the fence on this one.
Peterson: We'll try to get you off the fence.
Joyce: All right.
Blackowiak: Okay. I kind of agree with Kevin. With what Kevin said. The variance on a
variance concept is not, does not sit well with me. In the analysis portion we talked about, you
know what would happen if Caribou Coffee and Leann Chin request signage? You know what
about the U.S. Post Office? What about Proex? What about Bachmans? There are so many
sub-units within that Byerly's, I think we could really open up a can of worms if we allowed,
even though it's rather small, the US Bank to go ahead with the sign. My direction would be that
you need to talk to Byerly's. They got a pretty big variance first time around and they should
maybe share some of that if they're going to be leasing the space to you because they've
obviously benefitted from that large sign and maybe it's time to include some of the people that
they're being, you know that are paying rent to them on that sign and just kind of leave it as is.
So I guess I'm not really on the fence on that one.
Peterson: Okay. Allyson.
3
Planning Commission Meeting - November 18, 1998
Brooks: Well I agree with Alison. I don't think the variance is warranted in this case. Although
I think, I agree with everybody. I think US Bank should have a sign. I mean every business has a
sign but this is kind of funky case and the thing that got me in the staff report is what Alison said.
That you've also got Caribou Coffee and Leann Chin but then there's other businesses in
Chanhassen that Target could end up with a sub-unit inside. I mean that's becoming more and
more common. So once we open the door to one, then we open the door to everybody. So
nothing against US Bank because we're glad to have them in the community but it's the domino
effect I think that I'm the most worried about.
Peterson: Ladd.
Conrad: Nothing new. It's too bad. I think we'd all like to see your name out there. There's no
way around the ordinance.
Peterson: I also concur with my fellow commissioners in the fact that we have an ordinance
that's pretty straight forward and we have, what I don't like to get in the middle of is a tenant
landlord negotiation which I think really is essentially what we're dealing with here so. To that
end I would support staffs position by opposing the variance. With those comments, may I have
a motion and a second please?
Brooks: I move the Planning Commission recommends that the City Council deny the request
for a 8.25 square foot variance from the sign ordinance and amendment to Variance #94-1 for the
construction of an 8.25 square foot non-illuminated wall sign based upon the findings presented
in the staff report and the following. One. The applicant has a reasonable opportunity to install
signage on the glass doors along West 78th Street.
Peterson: Is there a second?
Blackowiak: Second.
Peterson: Any discussion?
Brooks moved, Blackowiak seconded that the Planning Commission recommends that the
City Council deny the request for a 8.25 square foot variance from the sign ordinance and
amendment to Variance #94-1 for the construction of an 8.25 square foot non-illuminated
wall sign based upon the findings presented in the staff report and the following:
1. The applicant has a reasonable opportunity to install signage on the glass doors along
West 78th Street.
All voted in favor and the motion carried unanimously.
4