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D-7. Approval of Sign Height Variance for Camp Tanadoona, 3300 Tanadoona Drive lT Y J - � • CITY Of ClIANHASSEN � w 9 S Chanhassen isa Community for Life-Providing for Today and Planning for Tomorrow iv H A % TO: Todd Gerhardt, City Manager FROM: MacKenzie, Assistant Planner DATE: May 22, 2017 SUBJ: Camp Tanadoona Sign Variance- 3300 Tanadoona Drive Planning Case- #2017-08 PROPOSED MOTION "The Chanhassen City Council approves the variance request to allow a 7.75-foot height variance for a monument sign, for Camp Tanadoona, located at 3300 Tanadoona Drive, subject to the conditions of approval and adopts the attached Finding of Fact and Decision. (Note: a motion for denial and appropriate findings of fact are also included at the end of the report.) EXECUTIVE SUMMARY The applicant is proposing replacing their existing 10-foot high ground low profile sign with a 12.75-foot high ground low profile sign. Both the existing and proposed signs have 24 square feet of display area and their height includes 2-foot high mounts for temporary banners. The proposed sign location is located on city property and would require an encroachment agreement. The camp's rural residential zoning limits ground low profile signs to 5 feet in height and 24 square feet of display area. The proposed location is approximately 7 feet below the grade of Highway 41, and the applicant has reported that the area's vegetation grows to approximately 8 feet in height during the summer. Due to Tanadoona Drive not being constructed within the designated right of way, the existing sign is located a significant distance from the intersection. This creates both visibility and wayfinding issues. The applicant believes the site's topographical features,parcel configuration, and Camp Tanadoona's status as a unique use within Chanhassen justify the requested variance. Staff is recommending approval of this variance request. PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Camp Tanadoona Sign Variance—Planning Case 2017-08 May 22, 2017 Page 2 of 4 Existing Sign Proposed Sign OPTION A:DOUBLE SIDED PYLON SIGN w/2X 4'z 4"POSTS NON ILLUMINATED ALUMINUM CABINET w/POSTS FOR 1 HANGING TEMPORARY BANNERS LETTERS&LOGO ARE 1/2"THICK FLUSH MOUNTED CAMP 6800 TANADOONA Ar.RegS_tratig. TANADOONA >p<, Camp Fire 153.03n is•' i:,:44 9300in s I Ii I: 11 Sign Location Camp Tanadoona Sign Variance—Planning Case 2017-08 May 22, 2017 Page 3 of 4 ip.t.. '''''''::1:-, .':-1;1.'''."4: *° * *,e• 1t• 1 ' ' '' 'S .;.'.' Ot* "? ' i ted. - „if, ttilhi , -, . yM i. I.'"All ,.•_P oposed Sign Location ZF ..962 964 966 i11 ., .. • g :�° ', % 968 *no.s. 44. ' ipp* ' ` rid: _ il" •\ > � •• :7, litiojilik . . 0 ^t; F ` '. -r i . /4113,1 /,. / PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 2,2017 to review the proposed variance. No members of the public spoke for or against the variance request. The Planning Commission expressed concern that if Camp Tanadoona were to close or relocate the variance could be inherited. Staff indicated that language linking the sigh to Camp Tanadoona would be included in the encroachment agreement. The Planning Commission voted unanimously to recommend approval of the variance request. The Planning Commission minutes of May 2, 2017 are included in a consent agenda item for the May 22, 2017 City Council agenda. RECOMMENDATION Staff recommends the City Council approve the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. Camp Tanadoona Sign Variance—Planning Case 2017-08 May 22,2017 Page 4 of 4 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of its supports. 3. The sign shall be a minimum of 45 feet from the northern edge of Tanadoona Drive and a minimum of 10 feet west of the Highway 41 right of way. 4. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign on city property. i. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are widened, the city can require the sign to be moved or removed if the sign's location impedes sightlines. ii. The encroachment agreement shall stipulate that the sigh is to be removed in the event that Camp Tanadoona closes or relocates. 5. The applicant must apply for and receive the required sign permit from the city. 6. The ground low profile sign must meet the sign code's design criteria. 7. Temporary banners may only be displayed from January 1st to September 30tH 8. Temporary banners must be maintained in good repair. Should the City Council deny the variance request to allow a 7.75 foot height variance,it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen City Council recommends denial of the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision." ATTACHMENTS 1. Planning Commission Staff Report 2. Finding of Fact Approval 3. Finding of Fact Denial 4. Variance Document G:\PLAN\2017 Planning Cases\17-08 Camp Tanadoona Sign Variance\Executive Summary Tanadoona.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Justin Schweigart on behalf of Camp Tanadoona for sign variance to allow a 12.75-foot high ground low profile sign with 24 square feet of display area near the intersection of Highway 41 and Camp Tanadoona Drive. On May 2, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive(250083200) and at no address (250092600) and recommended approval. On May 22, 2017 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive(250083200) and at no address (250092600) and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is: All that part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West, lying Westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), Carver County, Minnesota, except that parcel described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West, described as follows: Commencing at the point of intersection of the South line of the Northwest Quarter of said Section with the centerline of State Highway No. 41 as now laid out; thence Northeasterly 1278 feet along said centerline to the point of beginning of the property being described; thence deflecting left 90 degrees to the South line of the North 100 feet of said Southwest Quarter of the Northeast Quarter; thence West along said South line of the North 100 feet to the West line of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to said centerline; thence Southwesterly along said centerline to the point of beginning. 1 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship;provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: The elevation change between the highway and sign location combined with the height of the surrounding vegetation during the summer months constitutes a hardship cause by reason of topography or other conditions. Granting a height variance to elevate the sign's display are above the vegetation mitigates this hardship, and does not adversely affect the permit and intent of the sign code. 5. The planning report, Planning Case#17-08 dated May2, 2017,prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Chanhassen City Council approves the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of its supports. 3. The sign shall be a minimum of 45' from the northern edge of Tanadoona Drive and a minimum of 10' west of the Highway 41 right of way. 4. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign on city property. i. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are widened,the city can require the sign to be moved or removed if the sign's location impedes sightlines. ii. The encroachment agreement shall stipulate that the sigh is to be removed in the event that Camp Tanadoona closes or relocates. 2 5. The applicant must apply for and receive the required sign permits from the city. 6. The ground low profile sign must meet the sign code's design criteria. 7. Temporary banners may only be displayed from January 1st to September 30tH 8. Temporary banners must be maintained in good repair. ADOPTED by the Chanhassen City Council this 22nd day of May, 2017. CITY OF CHANHASSEN BY: Chairman 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Justin Schweigart on behalf of Camp Tanadoona for sign variance to allow a 12.75-foot high ground low profile sing with 24 square feet of display area near the intersection of Highway 41 and Camp Tanadoona Drive. On May 2,2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive(250083200) and at no address (250092600) and recommended approval. On May 22,2017 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive(250083200) and at no address (250092600) and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is: All that part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 9,Township 116 North, Range 23 West, lying Westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), Carver County,Minnesota, except that parcel described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 9,Township 116 North, Range 23 West, described as follows: Commencing at the point of intersection of the South line of the Northwest Quarter of said Section with the centerline of State Highway No. 41 as now laid out; thence Northeasterly 1278 feet along said centerline to the point of beginning of the property being described; thence deflecting left 90 degrees to the South line of the North 100 feet of said Southwest Quarter of the Northeast Quarter; thence West along said South line of the North 100 feet to the West line of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to said centerline;thence Southwesterly along said centerline to the point of beginning. 1 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship;provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: The existing non-conforming sign is of adequate height to provide visibility from Highway 41 and Tanadoona Drive, granting additional height would be grating a variance beyond what is needed to mitigate the areas unique topography. Additionally, allowing a 12.75 square foot ground low profile sign in an area zoned for residential use with a maximum sign height of 5 feet violates the sign ordinance's intent to limit the prominence and size of signs located near residential developments. Granting the requested variance would be in excess of the extent required to mitigate the hardship and would run contrary to the spirit and intent of the ordinance. 5. The planning report, Planning Case#17-08 dated May 2, 2017, prepared by MacKenzie Walters,is incorporated herein. RECOMMENDATION The Chanhassen City Council denies the variance request for a 7.75-foot height variance. ADOPTED by the Chanhassen City Council this 22nd day of May, 2017. CITY OF CHANHASSEN BY: Chairman 2 PC DATE: May 2, 2017 i3— \ T Y 0 'J CC DATE: May 22, 2017 = CITY OF CHANHASSEN REVIEW DEADLINE: April 20, 2017 y c, CASE#: 2017-08 9 N II ASS BY: MacKenzie Walters PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of the variance request to allow a 7.75-foot height variance for a monument sign, for Camp Tanadoona, located at 3300 Tanadoona Drive, subject to the conditions of approval and adopts the attached Finding of Fact and Decision. (Note: a motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: D14. - The property owner is requesting a 7.75-foot height variance to allow a 12.75-foot high sign along State Highway 41 (Hazeltine Blvd). Granting this variance would allow Camp Tanadoona to increase the height of its existing sign by 2.75 feet. The city's sign code restricts signs in Rural Residential Districts to a maximum height of 5-feet;however,unique topography and the size of the highway right of way would severely limit the visibility of a 5-foot high sign. The applicant has proposed a sign location that is located on city property and they would need to enter into an encroachment agreement. LOCATION: 3300 Tanadoona Drive(250083200),No address (250092600) IL!__. 441IP P7 t 4 I A t anadoona <. ° Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 2 of 8 APPLICANT: Justin Schweigart(acting on behalf of Campfire USA) 4829 Minnetonka Blvd, Suite 202 St. Louis Park, MN 55416 OWNER: MPLS Council of Campfire Girls 4829 Minnetonka Blvd, Suite 202 St. Louis Park,MN 55416 PRESENT ZONING: RR(Rural Residential) 2030 LAND USE PLAN: Public/Semi Public ACREAGE: 62.14, 41.94 DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY Camp Tanadoona is requesting a variance from the Rural Residential District's ground low profile sign 5-foot height limit. The proposed sign location is approximately 83 feet from the centerline of Tanadoona Drive and approximately 91 feet from the center line of Highway 41. The applicant reports that this - location is roughly 7 feet below theme grade of the r = Proposed Sian Location highway. The Z <962 ` 964 966 sign is located _ 4"^.� `\`' in a natural area and the96 applicant has '"' t.1 stated that last .� "` ' year the grasses grew to heights in excess of eight feet. Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 3 of 8 The applicant's current sign is a non-conforming use that is 8 feet high,with poles for attaching temporary banners extending an additional 2 feet above the sign's display area for a total height of 10 feet. The applicant has to mow the grasses around the sign in order to maintain visibility. The applicant has also reported that due to the existing sign's distance form Tanadoona Drive many visitors unfamiliar with area struggle to find the camp. Existing Sign Proposed Sign OPTION A:DOUBLE SIDED PYLON SIGN wi 2X 4'x 4'POSTS NON ILLUMINATED ALUMINUM CABINET wi POSTS FOR HANGING TEMPORARY BANNERS LE[TEAS&LOGO ARE I/2"THICK RUSH MOUNTED • �uuoaoNA '1Registration 24Wm II >ATANADOONA h Camp Fire � 3AOn 129Wm 93OOm • They believe that a taller sign,located closer to Tanadoona Drive,will allow them to increase their visibility without having to disrupt the natural area with regular mowing, and will also help visitors find the camp. In order to achieve these goals they are requesting a variance to install a 12.75 foot-high sign,the top two feet of which are mounts for temporary banners,with 24 square feet of display area on a portion of city property closer to Tanadoona Drive. APPLICABLE REGULATIONS Chapter 20,Article XXVI,Division 1, Generally Section 20-1253,Variances Chapter 20,Article XXVI,Division 1, Generally Section 20-1265,General Location Restrictions Chapter 20,Article XXVI,Division 1, Generally Section 20-1267,Uniformity of Construction,design,etc. Chapter 20,Article XXVI,Division 2, Signs Allowed in Specific Districts by Permit Section 20-1301,Agricultural and Residential Districts Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 4 of 8 SIGN CODE Ground Low Profile Signs in Rural Residential Districts Height Display Area 5 feet 24 square feet Sign,freestanding/pole/pylon: Means any non-movable sign not affixed to a building but erected upon a pole, post or other similar support so that the bottom edge of the sign display area is eight feet or more above the ground elevation. (20) Sign, ground low profile business: Means a business sign affixed directly to the ground, which directs attention to a business, commodity, service or product offered on the premises. (20) Location restrictions: Cannot be closer than 10 feet to any lot line. Shall not be located in site distance triangle(45' of the intersection of two improved street surfaces). May not be placed on public property without city approval and an approved encroachment agreement. BACKGROUND On July 23,2002,a sign permit was issued to replace an existing sign for Camp Tanadoona near the intersection of Highway 41 and Tanadoona Drive. In July 2009, Camp Tanadoona applied for and subsequently withdrew a request for a sign variance for a new sign to be located near the intersection of Highway 41 and Tanadoona Drive. On October 10, 2009, a sign permit was issued to replace an existing sign form Camp Tanadoona near the intersection of Highway 41 and Tanadoona Drive. SITE CONDITIONS Existing Location: The sign's current location is approximately 93 feet northwest of the centerline of Highway 41 and ' / approximately 155 feet northeast of the centerline ` " s.' Tanadoona Drive. It is located in a regional low spot ) • _ - which collects a great deal of water from the surrounding area, and is characterized by a seasonal Right of wap for ouginaI aligtune nt , abundance of tall vegetation. .fl This general area of Camp Tanadoona's property has R jt been left as a natural area do to its proximity to ,, ' � �. \N several wetlands. The specific portion where the sign is located is a section of right of way for the ). r Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 5 of 8 originally planned alignment of Tanadoona drive; however, the road actually connects with Highway 41 further to the south. Proposed Location: The proposed location for the sign is in a small triangle of city property north of the intersection of Tanadoona Drive and Hazeltine Blvd. This location is part of the regional low spot and has similar vegetative characteristics as the existing location. This area is separated from a larger city owned outlot by Tanadoona Drive. The city has no plans to unitize this parcel. NEIGHBORHOOD Surrounding Land Use: LRural Residential _ ,(Residential) Rural Residential o,a r (Camp Tanadoona) s". I , 4 44 , . , stb • Rural Residential0 .- 4,4 - Institutional -- Q ' r _ Camp Tanadoona is bordered by residential districts to the North and East. South of the camp is Westwood Community Church along with more residential districts. West of the Camp is lake Minnewashta. Sign Variances within 500 feet: Highway 41 and Long Acres Drive: Variance Granted for 8-foot high monument sign. This residential development sign was installed without a permit at a height of 8 feet in 1994 due to ambiguity in the ordinance. Council chose to grant a variance rather require the developer to replace the sign. ANALYSIS Generally,the sign code would restrict ground low profile signs in Rural Residential Districts to 5 feet in height;however,the zoning code's nonconforming uses and structures clause would all would allow Camp Tanadoona to replace their existing ground low profile sign in its current Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 6 of 8 location at its existing height of 8 feet,with an additional 2 feet of height allowed for the temporary banner mounts. Camp Tanadoona's existing and proposed sign both conform to the sign code's maximum display area of 24 square feet. The sign code allows the issuance of a variance from the requirements of the sign code where it can be shown that"by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship;provided that a variance may be granted only if the variance does not adversely affect the spirt or interest of this article." Staff agrees with the applicant's assertion that the drop in elevation between the highway and sign location combined with the height of the local vegetation constitutes a hardship. While the sign's existing height is sufficient to mitigate that change in grade, it is not enough to allow the sign to overtop the surrounding vegetation. In order to maintain visibility the applicant has to mow the area around the sign during the summer. The requested variance would place the bottom of the sign display area 7 feet and 9 inches above grade, allowing the display area to overtop the vegetation which the applicant has measured at around 8 feet in height. Granting the requested variance would be in line with the principle that variances should be granted only to the extent necessary to mitigate the hardship. Granting the applicant enough height to clear the vegetation would also mean that they will be able to allow the surrounding vegetation to remain undisturbed throughout the growing season. _ w Photo from Google Maps (August, 2014) • 1. • a • L t I L• + lir t `, r' The sign code's rational in limiting the height and size of signs within residential districts is that such signs exist to aid in creating a sense of place for residents, assist emergency responders in finding neighborhoods, and serve to identify neighborhood level institutions like churches. The other goal was to minimize the impact of these signs on adjacent residential properties. While Camp Tanadoona is zoned Rural Residential,it is a unique use within Chanhassen with a regional draw. It attracts visitors unfamiliar with the city who use the sign to assist in finding the camp. The sign also serves a commercial function as it advertises the camp's presence to motorists Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 7 of 8 traveling along Highway 41. Due to these factors,the sign ordinances overall intent to ensure that business have sufficient visibility should also be considered in determining if the requested variance meets the intent of the city's sign code. There are residential properties across from the proposed sign location;however,they are separated from the sign by Highway 41 and its 150 feet right of way. The proposed sign is non-illuminated and is aligned perpendicular to the highway. This means that its visual impact on the residential uses is minimal,despite its height. Engineering has reviewed the proposed sign location,and has determined that its distance from the intersection of Highway 41 and Tanadoona Drive mean that it will not interfere with the intersection's line of sight. Engineering recommends approval of the variance, so long as language is included in the encroachment agreement stipulating that if either Highway 41 or Tanadoona Drive are widened the city can require the sign to be moved if it impeded the sightlines of the expanded intersection. SUMMARY Camp Tanadoona is a unique use in Chanhassen, and it relies on its sign for advertising and also to help out of town visitors find its location. Granting the requested sign height variance would serve to mitigate the impact of the property's unique topography and local conditions on the sign's visibility. The proposed sign will not have a negative impact on public safety, and staff does not anticipate that it will have an appreciable impact on the surrounding residential properties. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of its supports. 3. The sign shall be a minimum of 45 feet from the northern edge of Tanadoona Drive and a minimum of 10 feet west of the Highway 41 right of way. 4. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign on city property. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are Planning Commission Camp Tanadoona—Sign Variance May 2,2017 Page 8 of 8 widened, the city can require the sign to be moved or removed if the sign's location impedes sightlines. 5. The applicant must apply for and receive the required sign permits from the city. 6. The ground low profile sign must meet the sign code's design criteria. 7. Temporary banners may only be displayed from January 1'to September 306. 8. Temporary banners must be maintained in good repair. Should the Planning Commission recommend denial of the variance request to allow a 7.75 foot height variance, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Planning Commission recommends denial of the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision. ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Affidavit of Mailing of Public Hearing Notice G:\PLAN\2017 Planning Cases\17-08 Camp Tanadoona Sign Variance\Camp Tanadoona Staff Report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Justin Schweigart on behalf of Camp Tanadoona for sign variance to allow a 12.75-foot high ground low profile sing with 24 square feet of display area near the intersection of Highway 41 and Camp Tanadoona Drive. On May 2,2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive(250083200) and at no address(250092600). FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is: All that part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 9, Township 116 North,Range 23 West, lying Westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), Carver County,Minnesota, except that parcel described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 9,Township 116 North, Range 23 West, described as follows: Commencing at the point of intersection of the South line of the Northwest Quarter of said Section with the centerline of State Highway No. 41 as now laid out;thence Northeasterly 1278 feet along said centerline to the point of beginning of the property being described;thence deflecting left 90 degrees to the South line of the North 100 feet of said Southwest Quarter of the Northeast Quarter; thence West along said South line of the North 100 feet to the West line of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to said centerline; thence Southwesterly along said centerline to the point of beginning. 1 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship;provided that a variance maybe granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: The elevation change between the highway and sign location combined with the height of the surrounding vegetation during the summer months constitutes a hardship cause by reason of topography or other conditions. Granting a height variance to elevate the sign's display are above the vegetation mitigates this hardship, and does not adversely affect the permit and intent of the sign code. 5. The planning report,Planning Case#17-08 dated May2, 2017,prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommend approval of the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of its supports. 3. The sign shall be a minimum of 45' from the northern edge of Tanadoona Drive and a minimum of 10' west of the Highway 41 right of way. 4. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign on city property. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are widened,the City can require the sign to be moved or removed if the sign's location impedes sightlines. 5. The applicant must apply for and receive the required sign permits from the city. 6. The ground low profile sign must meet the sign code's design criteria. 7. Temporary banners may only be displayed from January 1St to September 30th. 2 8. Temporary banners must be maintained in good repair. ADOPTED by the Chanhassen Planning Commission this 2`d day of May, 2017. CITY OF CHANHASSEN BY: Chairman 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Justin Schweigart on behalf of Camp Tanadoona for sign variance to allow a 12.75-foot high ground low profile sing with 24 square feet of display area near the intersection of Highway 41 and Camp Tanadoona Drive. On May 2, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive(250083200) and at no address (250092600). FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is: All that part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West, lying Westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), Carver County, Minnesota, except that parcel described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 9,Township 116 North, Range 23 West, described as follows: Commencing at the point of intersection of the South line of the Northwest Quarter of said Section with the centerline of State Highway No. 41 as now laid out; thence Northeasterly 1278 feet along said centerline to the point of beginning of the property being described; thence deflecting left 90 degrees to the South line of the North 100 feet of said Southwest Quarter of the Northeast Quarter; thence West along said South line of the North 100 feet to the West line of said Southwest Quarter of the Northeast Quarter;thence North along said West line to the North line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to said centerline; thence Southwesterly along said centerline to the point of beginning. 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by 1 reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship;provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: The existing non-conforming sign is of adequate height to provide visibility from Highway 41 and Tanadoona Drive, granting additional height would be grating a variance beyond what is needed to mitigate the areas unique topography. Additionally, allowing a 12.75 square foot ground low profile sign in an area zoned for residential use with a maximum sign height of 5 feet violates the sign ordinance's intent to limit the prominence and size of signs located near residential developments. Granting the requested variance would be in excess of the extent required to mitigate the hardship and would run contrary to the spirit and intent of the ordinance. 5. The planning report,Planning Case#17-08 dated May 2, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommends denial of the variance request for a 7.75-foot height variance. ADOPTED by the Chanhassen Planning Commission this 2'I day of May, 2017. CITY OF CHANHASSEN BY: Chairman 2 as n-0Z (f 1'Or CvipmeAsEty COMMUNITY DEVELOPMENT DEPARTMENT REcE4VEs Planning Division—7700 Market Boulevard MAR CITY OF CIIA.NIIASSN Mailing Address—P.O. Box 147, Chanhassen, MN 55317 Phone:(952)227-1300/Fax:(952)227-1110 , PT GNANt1 SSENPL APPLICATION FOR DEVELOPMENT REVIEW Submittal Date°3 3 i 117 PC Date:rt' (0?-1 Vi CC Date: (11 60-Day Review Date:0 )1-1 /3o Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) O Comprehensive Plan Amendment $600 0 Subdivision(SUB) ❑ Minor MUSA line for failing on-site sewers $100 0 Create 3 lots or less $300 ❑ Create over 3 lots $600+$15 per lot ❑ Conditional Use Permit(CUP) ( lots) ❑ Single-Family Residence $325 0 Metes&Bounds(2 lots) $300 ❑ All Others $425 0 Consolidate Lots $150 ❑ Interim Use Permit(IUP) ❑ Lot Line Adjustment $150 ❑ In conjunction with Single-Family Residence..$325 ❑ Final Plat $700 ❑ All Others $425 (Includes$450 escrow for attorney costs)" 'Additional escrow may be required for other applications through the development contract. ❑ Rezoning(REZ) ❑ Planned Unit Development(PUD) $750 0 Vacation of Easements/Right-of-way(VAC) $300 ❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply) ❑ All Others $500 0 Variance(VAR) $200 O Sign Plan Review $150 0 Wetland Alteration Permit(WAP) ❑ Site Plan Review(SPR) 0 Single-Family Residence $150 ❑ Administrative $100 0 All Others $275 ❑ Commercial/Industrial Districts' $500 Plus$10 per 1,000 square feet of building area: 0 Zoning Appeal $100 ( thousand square feet) 0 Zoning Ordinance Amendment(ZOA) $500 Include number of pxisfing employees: 'Include number of gm employees: ❑ Residential Districts $500 NQIE: When multiple applications are processed concurrently, Plus$5 per dwelling unit( units) the appropriate fee shall be charged for each application. ❑✓ Notification Sign(City to install and remove) O $200 ❑ Property Owners'List within 500'(City to generate after pre-application meeting) %1 $3 per address (an addresses) ❑✓ Escrow for Recording Documents(check all that apply) $50 per document ❑ Conditional Use Permit 0 Interim Use Permit 0 Site Plan Agreement ❑ Vacation 0 Variance 0 Wetland Alteration Permit ❑ Metes&Bounds Subdivision(3 docs.) 0 Easements( easements) TOTAL FEE: $450.00 Section 2: Required Information Description of Proposal: Requesting a variance to change the location of existing sign and increase the height. Property Address or Location: 3300 Tanadoona Drive Parcel#: 250092600 Legal Description: TWP 116,RNG 023,Sec 09 Total Acreage: 41.94 Wetlands Present? ®Yes 0 No Present Zoning: Rural Residential District(RR) Requested Zoning: Not Applicable Present Land Use Designation: Public/Semi-Public Requested Land Use Designation: Not Applicable Existing Use of Property: Summer Campground O Check box is separate narrative is attached. Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Justin Schweigart Contact: Address: 4829 Minnetonka Blvd.Suite 202 Phone: City/State/Zip: St. Louis Park/MN/55416 Cell: (612)282-5989 Email: justins@campfiremn.org Fax: Digitally sgned by Justin Schweigart FaaliliesManager Camp Fire MN 2/24/17 Signature: Date:2017.02.24 10:14:43 06'00' Date: PROPERTY OWNER: In signing this application, I,as property owner,have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I 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. I certify that the information and exhibits submitted are true and correct. Name: Marnie Wells Contact: Address: 4829 Minnestonka Blvd.Suite 202 Phone: (612)284-6816 City/State/Zip: St. Louis Park/MN/55416 Cell: Email: 1 Maim- * camlfiremn.org Fax: Signature: P41I raF - Date: 3 • • This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: 11 Property Owner Via: ❑✓ Email ❑Mailed Paper Copy Name: Jessica Ayers-Bean EI Applicant Via: ✓❑Email ❑Mailed Paper Copy Address: 4829 Minnetonka Blvd.Suite 202 ❑ Engineer Via: ❑Email ❑Mailed Paper Copy City/State/Zip: St. Louis Park/MN/55416 ❑✓ Other* Via: El Email 0 Mailed Paper Copy Email: JessicaAc campfiremn.org INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing(required). SAVE FORM PRINT FORM SUBMIT FORM Property Card Parcel ID Number 250083200 Taxpayer Information / MINNEVt%9'SH Ati: +rt . RE-GIONA�L,PARK ,,, Taxpayer Name , 44., t,�, MPLS COUNCIL OF CAMPFIRE GIRLS + C/O CAMP FIRE MINNESOTA A. - Mailing Address 4829 MINNETONKA BLVD STE 202 ST LOUIS PARK, MN 55416-2211 ' TanadoonarDr y' Property Address ®� "`�"Y_ x, ` ' `17,a. Address ) / �,y .."' • , ter, 3300 TANADOONA DR / It _-"•„o`. .-r. City `oo t' i `_ EXCELSIOR MN 55331 il .C9 ii'0' ♦ _ Parcel Information UsesCharit Inst GIS Acres 62.14 Net Acres Deeded Acres 62.0 Plat Lot Block Tax Description IN GOVT LOT 9&IN 9-116-23 IN NW 1/4 SW1/4 Building Information Building Style Above Grade Bedrooms Finished Sq Ft Year Built Garage Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 062 MINNEHAHA CREEK N N N Assessor Information Estimated Market Value 2015 Values 2016 Values (Payable 2016) (Payable 2017) Last Sale Land $9,253,800.00 $9,585,700.00 Date of Sale Building $481,800.00 $574,700.00 Sale Value Total $9,735,600.00 $10,160,400.00 The data provided herewith is for reference purposes only.This data is not suitable for legal,engineering,surveying or other similar purposes Carver County does not guarantee the accuracy of the information contained herein This data is furnished on an'as is'basis and Carver County makes no representations or warranties,either expressed or implied,for the merchantability or fitness of the information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes§466 03 and the user of the data provided herein acknowledges that Carver County shall not be liable for any damages,and by using this data in any way expressly waives all claims,and agrees to defend,indemnify.and had harmless Carver County.its officials.officers,agents,employees,etc from any and all claims brought by anyone who uses the information provided for herein,its employees or agents.or third parties which arise out of user's access.By acceptance of this data,the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user includes with the data a copy of this disctainmer. Friday, March 24, 2017 Carver County, MN Property Card Parcel ID Number 250092600 Taxpayer Information . __ •Taxpayer Name t MPLS COUNCIL OF CAMPFIRE GIRLS 4 .rfiripior, . 't • Mailing Address ..' !!^_!. - y 3100 W LAKE ST '-..1---.--- - '.‘-.'. '1; . '' , x MINNEAPOLIS, MN 55416-4596 1 A 'Tr Property Address ,. \ Address --�' ANI:-.. ..i A City Tanadoo a•Dr /7' I 1-----^ Parcel Information UsesCharit Inst GIS Acres 41.94 Net Acres Deeded Acres 41.17 Plat Lot Block Tax Description IN NE1/4 & IN NW1/4 Building Information Building Style Above Grade Bedrooms Finished Sq Ft Year Built Garage Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 062 MINNEHAHA CREEK N N N Assessor Information Estimated Market Value 2015 Values 2016 Values Last Sale (Payable 2016) (Payable 2017) Land $1,785,400.00 $1,785,400.00 Date of Sale Building $0.00 $0.00 Sale Value Total $1,785,400.00 $1,785,400.00 The data provided herewith is for reference purposes only This data is not suitable for legal.engineering.surveying or other similar purposes.Carver County does not guarantee the accuracy of the information contained herein.This data is furnished on an'as is basis and Carver County makes no representations or warranties.either expressed or implied,for tire merchantability or fitness of the information provided for any purpose. This disclaimer is provided pursuant to Minnesota Statutes§466.03 and the user of the data provided herein acknowledges that Carver County shall not be liable for any damages.and by using this data in any way expressly waives all claims.and agrees to defend.indemnity and hold harmless Carver County,as officials,officers,agents.employees.etc from any and all claims brought by anyone who uses the information provided for herein,its employees or agents,or third pates which arise out of user's access_By acceptance of this data,the user agrees not to transmit this data or provide access to it a any part of it to another party unless the user includes with the data a copy of this disclaimer Friday, March 24,2017 Carver County, MN 1. r 3' m iii ' skr - I+6 s - ° Iii° LT.,-,ii — ` _ ,e a Q - r titi r, T @ t6o EA • • `*- \ f - r .Y y t r; 6r Sc mVi. N.:' ,.., :1.:',/"''..4": : ' ,. _ , 1••,... 4 * 41';' : .., I:. n AK Y 7 muf 1 \ \ V r ti ti es w ta. S9 p ! 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Camp Fire Light the fire within Variance Request • Camp Fire Minnesota(CFMN)would like to receive a variance in regards to the location and dimensions of a new ground low-profile sign to be installed near CFMN's Camp Tanadoona site. • The sign location proposal lies on the northwest side of the Highway 41 and Tanadoona Drive intersection,approximately 83 ft. north of Tanadoona Drive and 91 ft.west of Highway 41. Please refer to the proposed sign location map. • The proposed sign dimensions are as follows: o 96"W x 36" H permanent display area. o Height from ground level to bottom edge of the display area of the permanent would measure 93"(7'9"). o Proposal calls for mounting brackets above the permanent sign for the display of temporary banners. Banners including fasteners will measure 68"W x 24" H. The actual display banner will measure 48"W x 24"H. o The proposed banner schedule is as follows: • January—May:"Registration Is Open"banner. • March,April,June,August—one day events when we post"Event Today" banner. • In the future,we may want to display a banner that promotes camp rentals and field trips.The timing for this is TBD, but likely would be for about 2 months each year if possible. Justification • Tanadoona's current sign resides in a relatively low-area resulting in vegetation growth impeding sign visibility during summer months. We believe the increased height of the proposed sign would allow the sign to stand above summer vegetation which has been observed to measure in excess of 8 ft. • Based on user feedback,the existing sign is set-back at a distance from Tanadoona Drive and Highway 41 that not only makes the sign less visible, but confuses camp users who are not familiar with the Tanadoona location.We would like to propose the new sign location be in closer proximity to Tanadoona Drive in the hopes of clearing up any confusion. • The proposed sign location would lie on the City of Chanhassen's property; it is our hope that the City would be willing to enter into an encroachment agreement taking into consideration the granting of a previous sign variance in 2009. • We believe that the current design options would be unobtrusive and respectful to the character of the locality while meeting all other City design criteria. Camp Fire Minnesota 4829 Minnetonka Blvd.,Suite.202 St.Louis Park,MN 55416 (612)235-7284 campfiremn.org CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 20, 2017, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of a request for a height variance for a sign located at 3300 Tanadoona Drive, Township 116, Range 23, Section 9 to the persons named on attached Exhibit"A",by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. , ii' liVIC--"---1— , (. 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Z Z > U w 2 2 = Z Q Q _v a U F- I- 0 0 0 W >~ H xQ Q 00 0 0 0 U U 0 0 w L7 - a - J 2 2 2 zla -a H Ix- -= > 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA VARIANCE 2017-08 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves the variance request to allow a height variance of 7.75 feet. 2. Property. The variance is for properties situated in the City of Chanhassen,Carver County, Minnesota,and legally described as: All that part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West, lying Westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), Carver County,Minnesota, except that parcel described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 9,Township 116 North,Range 23 West, described as follows: Commencing at the point of intersection of the South line of the Northwest Quarter of said Section with the centerline of State Highway No. 41 as now laid out; thence Northeasterly 1278 feet along said centerline to the point of beginning of the property being described; thence deflecting left 90 degrees to the South line of the North 100 feet of said Southwest Quarter of the Northeast Quarter; thence West along said South line of the North 100 feet to the West line of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to said centerline; thence Southwesterly along said centerline to the point of beginning. 1 3. Condition.The variance approval is subject to the following conditions: 1. The sign's height measured from grade shall not exceed 12.75 feet,including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of its supports. 3. The sign shall be a minimum of 45 feet from the northern edge of Tanadoona Drive and a minimum of 10 feet west of the Highway 41 right of way. 4. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign on city property. i. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are widened, the city can require the sign to be moved or removed if the sign's location impedes sightlines. ii. The encroachment agreement shall stipulate that the sigh is to be removed in the event that Camp Tanadoona closes or relocates. 5. The applicant must apply for and receive the required sign permit from the city. 6. The ground low profile sign must meet the sign code's design criteria. 7. Temporary banners may only be displayed from January 1st to September 30th' 8. Temporary banners must be maintained in good repair. 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. Dated: May 22,2017 2 CITY OF CHANHASSEN BY: (SEAL) Denny Laufenburger, Mayor AND: Todd Gerhardt,City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of 2017 by Denny Laufenburger,Mayor and Todd Gerhardt,City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen,MN 55317 (952)227-1100 3