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CAS-03_2017-03 VARIANCE FOR SIGN OWNER: VERNELLE CLAYTONThomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Shana N. Conklin Amy B. Schutt James J. Monge, III Jerome M. Porter Kurt S. Fischer Grand Oak Office Ccros 1 860 Blue Gentian Road Suite 290, Eagan, MN 55121 651-452-5000 Fax 651-234-6237 www.ck-law.com CAMPBELL KNUTSON Professional Association May 1, 2017 Ms. Jenny Potter City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recorded Document Dear Ms. Potter: Please find enclosed, for the City's files, Variance 2017-03 which was recorded on April 30, 2017 as Carver County document number T202501. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Associattgn Jean—M.-Olson, Legal Assistant /jmo Enclosures SCANNEE) 1907080 I Document No. T202501 OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Filed on -April 03, 2017 3:56 PM Cert # 35181 d Z9-11(p IIIIIIIIIIIII IIIIII 202501 Fee: $66.00 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2017-03 David Frischmon Registrar of Titles 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 a variance request to allow wall sign along the east facade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback. 2. Property. The variance is for properties situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: a. Lot 1, Block 1, Chadda 2"d Addition b. Lot 3, Block 1, Chadda 2"d Addition 3. Condition. The variance approval is subject to the following conditions: a) The applicant must apply for and receive the required sign permits from the City. b) The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. c) The wall sign on the east facade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. d) The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). e) The ground low profile sign may not be located within the sight distance triangle depicted in attached site plan. f) If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. 4. Lame. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 13, 2017 CITY OF CHANHASSEN ti O s • BY: ffw7benny Laufenburgfr, Mayor AN . Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) ti The foregoing instrument was acknowledged before me thisday of M 4 rz�h 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. �i3d "\ KIM T. MEUWISSEN � ri Notary Public -Minnesota % My Commiuion Expires Jan 37, 2020 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY 2 Chanhassen City Council — March 13, 2017 Councilwoman Tjornhom: Mr. Mayor I'd like to make the motion that the City Council approves the request for an on -sale beer and wine license to Eric Liu, dba Soya Sushi and Grill contingent upon receipt of a Certificate of Liquor Liability Insurance. Mayor Laufenburger: Alright we have a valid motion. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Mr. McDonald I'll give that one to you. Any discussion? Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the request for an on -sale beer and wine license to Eric Liu, dba Soya Sushi and Grill contingent upon receipt of a Certificate of Liquor Liability Insurance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Eric, Mr. Liu, good luck to you. You have the approval and we look forward to having you joining the business community here in Chanhassen. Best of luck to you. Eric Liu: Okay thank you very much. Mayor Laufenburger: Thank you. COLONIAL SQUARE — APPROVE VARLANCE TO ALLOW A WALL SIGN ALONG THE EAST FACADE OF THE BUILDING, AND A MONUMENT SIGN TO BE STREET. OWNER/APPLICANT: VERNELLE CLAYTON, COLONIAL SQUARE LLC. Mayor Laufenburger: Do we have a staff report? Kate Aanenson: Yes we do. This is one of the rare ones where a sign variance always goes up to the City Council. I think that might be a future discussion of whether or not you want to continue to do them that way but this was reviewed by the Planning Commission at their April, excuse me their February 21" meeting and recommended 6-0 for the two variances. So this is a variance for Colonial Square to allow for two variances. It's located at the corner of Galpin and West 78`h Street, across from the Chapel Hill. It includes two addresses and is a relocation of a business that was actually over where Chick-fil-A was. The property is zoned Central Business District which is our highest intense use of commercial zoning district. Around it as I stated is the school and then residential to the north. It is staying the proposed sign is currently legal non- conforming and instead of going through the details here I think it's probably more illustrative to kind of give you a little bit of the history of the site. December 14a' a sign plan review was 17 Chanhassen City Council — March 13, 2017 approved and in 2016 they allowed permits for the entrances there. July 19'b a permit was issued for the south fagade. East fagade were not approved. This was a PUD that had restrictions on it. As you might have noticed there's a number of businesses that have relocated in there as we were kind of moving things around in the core. So the pylon sign that's on the comer there, it's really in the right-of-way. It's just north of the fire hydrant but it's non -conforming. So the current owner now that needs a place where it wants to put a sign on the wall. We are recommending approval of that. It does meet the criteria for the wall sign as far as all the standards. And then replacing the pylon sign with a monument sign that meets city code and that would also accommodate all the users on there as opposed to the old Colonial Square Shopping Center sign. So one of the concerns that we had, we did go verify this with engineering. If we move that back. Making sure we're not, that's a busy comer there with people going into the school, to make sure that we weren't blocking any sight distance lines and it's actually going to be a better situation there. So this is how it looks today and again the question came up with the fire hydrant at the Planning Commission so it's actually going to be a good situation and again the Planning Commission did recommend approval 6-0. So with that we're recommending that the City Council approves the two variance requests. One's for the pylon sign and the other, or excuse me the monument sign and then the other one is for the wall sign and I'd be happy to answer any questions that you may have. Mayor Laufenburger: Alright, thank you Ms. Aanenson. Council any questions for staff? Mr. Campion. Councilman Campion: The monument sign, will that include all the residents there because there's more than what's shown right now right? Kate Aanenson: Yes and they have an opportunity to advertise on there. It'd be their, you know whoever wants to. Councilman Campion: But the sizing will be as proposed here? Kate Aanenson: Correct. That's all the bigger it could be, correct. Councilman Campion: Okay. Mayor Laufenburger: Okay, Councilmember Ryan. Councilwoman Ryan: Just a question in terms of the, it said the applicant expressed concern. It was about the condition of a window signage along the east fagade. Could you just speak to that please? Kate Aanenson: Sure. So originally instead of going for the variance for the wall sign, staff had indicated a way to do that was to put in a window sign and they didn't want to do that. They wanted both so ultimately the city ordinance does allow for window signs. Those also can be 1L Chanhassen City Council — March 13, 2017 electronic so we were just stating that you know you're facing the school area and it would actually duplicate. We did discuss that. We actually asked the Planning Commission to give us some consideration and they didn't want to limit that because other businesses were allowed to do that so that was the discussion on that. Councilwoman Ryan: And so this is a better option than the window sign is that or are they just very separate issues? Kate Aanenson: Two separate issues. They wanted to maximize their ability to advertise and didn't want to be limited. Councilwoman Ryan: Okay. But that's off the table and that's why we're just dealing with just the monument sign? Kate Aanenson: That's how the Planning Commission saw it, that's correct. Councilwoman Ryan: Okay, thank you. Mayor Laufenburger: Any other questions of staff? Did you comment, did you hear anything from Chapel Hill Academy about this? Kate Aanenson: No we didn't and nobody spoke against it at the Planning Commission either and I think that's why they felt like there wasn't strong feelings regarding the window sign or the wall sign somebody would have probably attended or written us a letter. Mayor Laufenburger: And Ms. Aanenson just one last question. Are these variances inconsistent with other similar variances agreed to or denied in the city? Kate Aanenson: They are consistent with others correct. Mayor Laufenburger: Consistent with others that have been approved, is that correct? Kate Aanenson: Correct. Mayor Laufenburger: Alright. And the, just to comment. Your first question that preceded this was does the council want to see these things in the future. Kate Aanenson: Correct. Mayor Laufenburger: I would say that I don't think there's anything that would compel us to change the way we've done things. If it comes to the Planning Commission it's worthwhile even it comes to us in some form I think it's appropriate that the council continue to do that so at least that's my view at this time. 19 Chanhassen City Council — March 13, 2017 Kate Aanenson: Great. Mayor Laufenburger: Okay? Alright. Any other question or motion from council? Oh just a second. This does not require a public hearing or does it? Kate Aanenson: No it does not. The public hearing was held at the Planning Commission. Mayor Laufenburger: Okay. It's alright. My ears. I pay attention to what you say Mr. Knutson because you are the legal authority most often. Roger Knutson: Sometimes. Mayor Laufenburger: Okay. Mr. Campion please. Councilman Campion: The Chanhassen City Council approves the variance request to allow a wall sign along the east fagade of the building at 400 to 416 West 78a' Street and a monument sign located within the parking lot's 10 foot setback subject to the conditions of approval and adopts the attached Findings of Fact. Mayor Laufenburger: Alright, thank you Mr. Campion. We have a valid motion. Is there a second? Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion? Councilman Campion moved, Councilwoman Ryan seconded that the Chanhassen City Council approves the variance request to allow a wall sign along the east fagade of the building at 400 to 416 West 78'" Street and a monument sign located within the parking lot's 10 foot setback subject to the following conditions and adopts the attached Findings of Fact: 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the city code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 20 ti Chanhassen City Council — March 13, 2017 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). The ground low profile sign may not be located within the sight distance triangle depicted m the attached. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. All voted in favor and the motion carried unanimously with a vote of 5 to 0. ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) — AUTHORIZE SUBMITTAL TO ENVIRONMENTAL QUALITY BOARD. Mayor Laufenburger: Staff report, is that you Ms. Aanenson? Kate Aanenson: Yes. Thank you Mayor, members of the City Council. This is a continuation of the environmental document that you authorized the City to undertake and to get you up to date of where we are on that. We did hold an open house a couple weeks ago and the dates of that are in, was Tuesday, February 281 and then a week later we had a public meeting at the Planning Commission to take public comment on that so what you're doing tonight is just authorizing publication. This requires publication in the Environmental Quality Board and that comment period is open for 10 days. We did extend that a couple more days so we have received comments and some of those comments were included in your packet. We do not have all the Planning Commission attached yet but our goal then is as we send it out to all state agencies, as required, and then we'll also send it to some of our neighboring communities and the county to get their comments because we want to make sure we've addressed those as we've moving forward for the preliminary plat. But so this, what you're doing tonight is not weighing in on it. You're just saying we're advancing it to go out for publication and then we'll bring you back all their comments with a recommendation on where we go from there. As you may have noticed in the comments traffic was a big issue. Concern. We're working to address those and I think we've done a good job. Jon Hom has been managing that part of it and we'll go through that. You saw the boards that were presented and the same information was put in your packet again but that is the information that was shared at the work session and at the Planning Commission meeting. Again received a lot of good comments and we're also collecting all those emails too and addressing those as they come. So again tonight, unless there's specific questions on the process itself. Again it will get published, we set it up on the 27`s to get published on April Yd and then I think what I put in the staff report we'd be taking comments til I believe April 17t°. We wanted to give that hard deadline because that gives us a chance to analyze all those comments. Again we had to have a minimum of 10 days and we're giving them a little bit longer on that. I also want to note that there are copies, obviously electronically online but they're available over at the library now. They're in the catalog over there. You can just ask at the counter. We also have copies here at City Hall during regular business hours anybody can 21 11- 03 CHANHASSEN PLANNING COMMISSION REGULAR MEETING FEBRUARY 21, 2017 Chairman Aller called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Maryam Yusut Nancy Madsen, Steve Weick, and Mark Randall MEMBERS ABSENT: John Tietz STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen Al-Jaff, Senior Planner; and MacKenzie Walters, Planner PUBLIC PRESENT: Tyler Treat 2148 Wynsong Lane Shawn McCotter 7000 Utica Lane John Butcher 6915 Lucy Ridge Lane Barry Dallavalle 6960 Utica Lane Scott Sather 7090 Utica Lane Terry McGinley 920 Lake Susan Hills Earl Gebauer 8441 West Lake Drive Josh Kimber 2060 Majestic Way Lisa Mekkelsen 9640 Independence Circle PUBLIC HEARING: COLONIAL SQUARE: VARIANCE TO INSTALL A PROPOSED MONUMENT SIGN AND WALL SIGN ON EAST FACADE OF THE BUILDING LOCATED AT 400416 WEST 78Tn STREET ON PROPERTY ZONED CENTRAL BUSINESS DISTRICT. OWNER/APPLICANT: VERNELLE CLAYTON, COLONIAL SQUARE, LLC. Walters: Ahight this is Planning Case 17-03. A variance request for 400 and 416 West 78'h Street. It is a sign variance so it will be heard again at, for final approval before the City Council on March 1P. Today is the public hearing. The applicant is Vernelle Clayton. This is actually a variance for two different signs. The first is a wall sign to allow a wall sign along the east fagade of the building and the second is a monument sign that would be located within the parking lot's required 10 foot setback. The location of the property as I mentioned is 400 through 416 West 78'b Street and that's the intersection of West 78`" and Great Plains Boulevard right across from the Chapel Hill Academy right downtown. To the north is an area zoned R-12, high density residential. The building itself is a central business district. To the east is institutional, Chapel Hill. And the rest of the area is the central business to the south. Looking over the signage that's permitted in the area, I've highlighted the sections that would normally ,SCANNED Chanhassen Planning Commission —February 21, 2017 apply to this property. They are allowed in 8 foot high ground low profile sign with a maximum of 64 square feet of display area. In terms of wall signage the ordinance would normally permit a sign along the east facade of up to 13 percent of the area because it falls within the 600 to 1,200 square foot. So a little bit of history. This is one of the older sites downtown. It was initially given a sign plan review on December 14, 1998. One of the provisions in that sign plan was that signage would be restricted to the southern facade so that's one of the variances we're looking at. In 2016 they applied for signs on the south and east facade. On July 19' we issued a permit for a sign on the southern facade and that's when we found the provision that prevented the sign from being on the east facade in the sign plan agreement. Staff has not been able to determine when the pylon sign was erected. It was quite some time ago and we don't seem to have records. So to look at the proposed wall sign they're proposing placing it as I mentioned on the east facade. It's a 5, about 5 '/2 square feet. It would be illuminated. It's the little Dominoes sign shown here. The justification is the current city ordinance does allow signage on the east facade. The omission of the east facade from the sign plan was essentially an oversight. At the time the facade did not have windows. Had not been approved and it was just never anticipated that signage would be desired along that side so it was not included. Parcels with similar zoning in a similar intersection anywhere else in the city, unless modified by a different agreement would be allowed to have signage on both the southern and eastern facade. Regarding the proposed monument sign, the issue is there's currently a large non -conforming pylon sign that would be removed. They would be putting in an 8 foot high ground low profile sign which is in line with what the ordinance would allow. It would be about 32 square feet of sign display area so well short of the 64 square feet allowed. They would be locating it outside of the right-of-way and outside of the sight distance triangle which are two elements that determine whether or not it would impact visibility or safety on the intersection. It would however need to be located within the 10 foot setback that the property has for all signs and it would be located within the drainage and utility easement so it would need to get an encroachment agreement with the engineering department. The justification is this would reduce an existing non -conformity. Pylon signs are not currently allowed in the central business district unless it's a property that abuts the state highway. There's no practical location of monument sign or free standing sign could be placed that would comply with the code just because of the age and the structure of the parking lot. We went out and looked and consulted with engineering. There's no negative impact on sight lines for the intersection and quite frankly it looks a lot better than the current sign so regarding the proposed sign location, this is the sight distance triangle I was mentioning. It's a 45 foot intersection from where the 2 improved surfaces, so the 2 roads intersect basically and no sign is allowed within that so I sketched out the island in the parking lot and the section is blue is where we believe the sign could be safely put. So we would require the sign to be located within that area, not within the sight distance triangle. Here's an existing pylon sign located here. As we mentioned it's a non -conforming. The sign would not normally be allowed and this is the proposed sign they'd be replacing it with. This is the, so summary would be the wall sign would generally be permitted by ordinance if not for the existing site plan. Staff does not believe there'd be any negative impact in allowing a wall sign in this location. Monument sign, there is no place they would put it that would be in compliance with the existing code. It does not have a negative impact on visibility at the intersection. It would reduce the existing non -conformity and Chanhassen Planning Commission — February 21, 2017 we mentioned again it's a facelift for the development. We did have one condition we'd like to add. Just because there hadn't traditionally been any signage along the east fagade and there was an interest in the sign plan in limiting that we would request that another condition be added to the ones provided in the packet. That window signage not be permitted in exchange for allowing the wall signage along that facade. Beyond that this would then be the motion if the Planning Commission wish to. And that concludes the staff presentation. If you do have any questions I'd be happy to take them at this time. Aller: I have none. Does anybody have questions of staff on the report? Hearing none, oh Commissioner Weick. Weick: Yes thank you. Is the monument sign two sided? Walters: It would be yes. Weick: Okay. Randall: Where is it in relation to that fire hydrant? Walters: Yep. So the fire hydrant is basically hereish. The way it's set up, so we would be requiring the sign to be north and east of the hydrant outside of the triangle. Yep we did have the Fire Chief and Fire Marshal look it over and they expressed that concern and we would require it to be located outside of the triangle and out of that location. Randall: And one more question. The window signage is that, can you give me an example of that? Would it be an open or closed sign in the glass or? Walters: Yeah so window signage would be anything affixed to the window. In theory you know it could be window signage is a good standard example is like the Childrens Learning Adventure main sign. There is a window sign but also anything that's stuck in the window and looking out. It's a broad term for basically anything displayed through the window would qualify. Randall: Alright. Aller: Based on those questions any other questions? Hearing none if the applicant would like to come forward they can do so at this time. Welcome. If you could please state your name and address for the record. Vernelle Clayton: Hi, I'm Vernelle Clayton. I live at 422 Santa Fe Circle and if you've read the full report you know that I've been around for a long time on this project. I hadn't planned to say anything because I didn't have any issue nor follow up questions when I read the report but 3 Chanhassen Planning Commission — February 21, 2017 apparently I missed the suggestion regarding the window sign. Was that in the report as distributed? Aanenson: No. We discussed that internally. One of the suggestions that we asked so that we didn't have to go for the sign variance was the application for possibly using a window sign and at that time the applicant chose not to do the window sign so we felt like they were kind of duplicating the process by getting the sign and also now having the window sign on top of it. Because if we would have gone for the window sign there wouldn't have been a need for a variance. Vernelle Clayton: Well I just want to know what the precedent is for that. I mean all we're asking for is the same treatment as other buildings have and I think other buildings have signs in the window. Aanenson: Our precedent would have been the recommendation that it's asking for a variance from what was intended on that site for the wall sign. Vernelle Clayton: I thought that the city's ordinance said that you could have up to 50 percent of windows covered in retail areas and this is the same thing. It faces a street like all the others. I mean we're happy to comply with that but I just know that somebody's going to put a sign saying you know. Aanenson: Right and that was our suggestion in the first place. To not do the variance and put a window sign in. They said they didn't want to do window signs so now I guess that's my question. Vemelle Clayton: Well there are window signs and there are window signs. You know there could just be a sign that says open or there could be a sign you know no parking please because that happens there. Aller: Any questions of the applicant as to, is there an intention to use window signs? Vernelle Clayton: I haven't heard. Aller: Have you used the window signs before? Vernelle Clayton: I haven't heard if there was discussion about the window sign it must have been between Dominoes and the staff because it wasn't with me so I don't know if they intend to. Probably not and I can ask them not to but we're only dealing with the people today and. Allen. Correct and you may have another tenant. Chanhassen Planning Commission — February 21, 2017 Vemelle Clayton: And Dominoes who moves out in 5 years and we're back here for one little window sign so. Sorry. Do you have any other questions of me? Aller: One of the things that they're looking for, did you have discussions with them on the lit Dominoes sign? Vemelle Clayton: Yes, that's important to them. Allen. Which is the variance. Vemelle Clayton: Yep that's important to them and it's actually it's a modification of our building plan. Building sign plan. Aller: Okay. I don't have any questions at this time. Vemelle Clayton: Anything else? Aller: Any additional questions? 'Thank you ma'am. Okay we'll open up the public hearing portion of the item. Anyone wishing to come forward to speak either for or against the item before us can do so at this time. No strong feelings one way or another so we'll close that portion of the hearing for public comment and we will open it up to commissioner comment and discussion. Weick: Is there a difference between a window sign and like an advertisement? I'm confused now. I wasn't confused before. Walters: Yep there is basically we, the ordinance does not require permits to be pulled for window signs so in a business in a window could, as Vemelle mentioned put a sign that said no parking. No dogs allowed. You can also cover 50 percent of your window square footage with a large illuminated company logo and there is just the way our ordinance treats them there would be no permit involved and it, both would be allowed and equally possible so long as you don't exceed the 50 percent coverage threshold. Weick: Okay. Aller: So I guess the question becomes the way this is worded, could Dominoes put in a, could not put in a 50 percent lit sign in the window. Walters: The way the condition proposed is worded would preclude any signage along the east facade in the window. If the concern is primarily illuminated high advertising, I believe language could be inserted that would restrict that. For instance no illuminated window signage or you know no illuminated window signage advertising products or service. Something to that Chanhassen Planning Commission — February 21, 2017 effect could convey that while allowing for other types of informational window signs to be allowed. Randall: So if Dominoes leaves do they get, and the sign, the lit sign comes down then is that still a restriction on the property? Or is it only when Dominoes is there with their lit sign? Walters: The way the variance is written wall signage would be allowed along the eastern fagade of the building so if a tenant changed that would stand because the language does not specify to the Dominoes sign but rather to the provision that does not allow signage along the east fagade. Randall: Okay. Aller: Any additional questions? Based on that I guess Commissioner Madsen. Madsen: So is the language for the sign on the east wall similar or more restrictive than other businesses? Walters: A business, somewhat difficult to answer that. I'll do my best and please ask for clarification. It is more restrictive than the city code for signage. However most multi -tenant buildings have a sign plan that they've agreed to which in exchange for some concessions or special treatment. I don't like special treatment but in exchange for abilities not normally granted by the sign code they trade and allow other restrictions to be placed. In this case I believe hanging signs are allowed in Colonial Square where they are not allowed elsewhere in the city would be an example of this. So in exchange for the ability to put out this type of signage the developer may negotiate a way, a fagade of the building or restrict their signage to a certain part of the building or something to that effect. So yes and no. There's a bit of give and take in the sign plan agreements. Madsen: Okay. And would they be allowed to put an illuminated sign in the window that just said open? Walters: Depending on the language of any condition added regarding the window signage, yes. If you limit it to advertising, you know said advertising was not. Advertising window signs were not allowed then signs like open yes absolutely. Madsen: Okay thank you. Undestad: I've got one question you can just clarify for me. So Vernelle Clayton is the applicant on here and normally the buildings would be allowed window signage as typical? Is that right? Walters: Yes. R Chanhassen Planning Commission — February 21, 2017 Undestad: So and she's in requesting a variance for the wall sign. Walters: Yes. Undestad: But and now we're going to say okay you can have the wall sign but no window signs. Is that right? Aanenson: Again we worked with Dominoes. Undestad: Okay that's what I was wondering. Aanenson: We offered Dominoes, you don't need a variance if you were to use the window sign to put whatever you want in the window sign you wouldn't need a variance. They said that wasn't their preference. Undestad: Okay. Aller: Based on those responses any additional questions? Hearing none I would some conversation on this. How are we feeling about the recommendation or motion and what do you want to do with it? Undestad: I guess my, I mean I'm still a little confused. If the building has, well buildings have window signage approved. They're asking for a variance to put a wall sign on. The tenant Dominoes doesn't care for window signage but if we change this now and Dominoes moves out in a year does all this go back to the where everybody can put window signs up again? And the Dominoes sign comes down so. Aller: Or does the Dominoes sign allow for another tenant to come in and. Undestad: To put up wall signage. Aller: And put up another sign that's illuminated. Yusuf: It sounds like more discussion is needed around this. Around the window sign. Is there a real need to include that in this motion right now? Weick: We don't need to. I mean we can decide not to include it certainly, right? Aanenson: Yes. You can decide to do that yes. Weick: Yes. Or a modification. Chanhassen Planning Commission — February 21, 2017 Aller: And if it's not included then we've allowed it. If we include it somebody would have to come in and ask for a variance or a modification to put in signs. Weick: Right. I'm just envisioning a Planning Commission in the future hearing a case that says well there was this old condition on this building that said you couldn't have a window sign on like every other sign in the city. Or every other site in the city and you know we want a variance to go back to that instead of just saying either we, to me do we allow the variance for the sign above the window or not? In which case Dominoes would have to put it on the window. Right? I mean those are the two choices. To me. It doesn't sound like we have any issues with the sign above the window so. Yusuf: So MacKenzie, earlier you mentioned I think there are some stipulations about how big a window sign can be. Walters: Yes there are. Yusu£ And is the concern here just how much coverage we're going to have if we have wall signs and window signs, is that the concern? Walters: Yeah that is the essence of the concern. Yusuf: Could we draft up some kind of condition that just kind of sets a limit as to how much is a maximum coverage allowed? Is that an option? Walters: There is a stipulation in, the existing city code limiting window signage to 50 percent of the gross window footage so essentially I guess I would say those calculations have already been made you know and that's been determined to be a reasonable level for businesses to display in this area. Yusuf: So now you have the 50 percent coverage in the window and then you have the wall so is there a combined total then that would then be applicable here? Walters: There is under ordinance, I could not calculate it out in my head without the, but essentially they'd be limited to a maximum, theoretical signage maximum would be 50 percent of the window display and I believe it's 13 percent of wall fagade along the east but again those are the standards that are applied to the CBD. The central business district throughout the city. Yusuf. So could those standards apply here then so instead of just saying no window signs. Walters: They would. Yusuf: Okay. Chanhassen Planning Commission — February 21, 2017 Walters: Yep. Yusuf. Thank you. Walters: And if the motion as displayed here were adopted that would be what happened because we do have a condition that the normal city code provisions always apply essentially. Yusuf: Perfect. Okay thank you. Aller: What do you think? Commissioner Madsen. Madsen: I'm okay with the original motion without the additional restriction of the window sign because there are already rules that would apply to the window sign if someone chose to do that in the future. Randall: I feel the exact same way. Aller: Additional comments, questions or concerns? Hearing none I'll entertain a motion. Undestad: I'll make a motion. Aller: Commissioner Undestad great, thank you. Undestad: The Chanhassen Board of Appeals recommends approval of the variance request to allow a wall sign along the east fagade of the building at 400 to 416 West 78th Street and a monument sign located within the parking lot's 10 foot setback subject to the conditions of approval and adopts the attached Findings of Fact. Weick: Less number 7 right? Undestad: 7's not on there. Aller: Right. Walters: Yep number 7 was not in the packet or the motion as drafted so unless you would have moved to add it, it does not exist. Aller: Correct. So I have a valid motion. Do I have a second? Yusuf: Second. Aller: Having a motion and a second, do I have any further discussion? Chanhassen Planning Commission — February 21, 2017 Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends approval of the variance request to allow a wall sign along the east facade of the building at 400-416 West 78t" Street and a monument sign located with the parking lot's 10 foot setback, subject to the following conditions and adopts the attached Findings of Fact and Decision: The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the City Code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in the attachment. 6. If the ash tree is removed a tree must be replaced with one shade tree. The tree shall be a minimum size of 2 inch diameter. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: LAKE LUCY RIDGE — CONDITIONAL USE PERMIT AND A WETLAND ALTERATION PERMIT FOR THE CREATION OF A 5 ACRE RECREATIONAL BEACHLOT FOR THE LAKE LUCY RIDGE SUBDIVISION RESIDENTS. THE REQUEST INCLUDES A PRIVATE SEASONAL DOCK SERVING NON -MOTORIZED WATERCRAFT AND A CANOE RACK FOR SIX VESSELS. THE SITE IS LOCATED SOUTH OF LAKE LUCY ROAD ON THE NORTHWEST CORNER OF LAKE LUCY ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL. OWNER: LAKE LUCY HOMEOWNERS ASSOCIATION. APPLICANT: GREG MCGUIRIC Aller: And for the record we've received several emails which I know staff will discuss in their presentation which came in after the original filing of the report. They will be received. They'll be made part of the record and they will be forwarded to the City Council for review as well. Al -Jaffa Chairman Aller, members of the Planning Commission. The application before you today is for a beachlot. The location of the site is south of Lake Lucy Road and on the northwest comer of Lake Lucy. It is legally described as Outlot B of Lake Lucy Ridge Addition. Just a 10 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, M NNESOTA VARIANCE 2017-03 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 a variance request to allow wall sign along the east facade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback. 2. Pro e . The variance is for properties situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: a. Lot 1, Block 1, Chadda 2' Addition b. Lot 3, Block 1, Chadda 2°d Addition 3. Condition. The variance approval is subject to the following conditions: a) The applicant must apply for and receive the required sign permits from the City. b) The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. c) The wall sign on the east facade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. d) The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). e) The ground low profile sign may not be located within the sight distance triangle depicted in attached site plan. f) If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. 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: March 13, 2017 CITY OF CHANHASSEN BY: AAAAA 6/oto� (SEAL) enny Laufenbur, r, Mayor AN Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this�tiday ofM QYUy, 1 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. J#KIM DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 r NOTARY G-L CITY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning forTomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: March 13, 2017 Q �y SUBJ: Colonial Square Request for Sign Variance- 400-416 West 78'b St Planning Case- #2017-03 PROPOSED MOTION "The Chanhassen City Council approves the variance request to allow a wall sign along the east facade of the building at 400-416 West 78t' Street and a monument sign located within the parking lot's 10-foot setback, 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 owner of 400-416 West 78`s Street is requesting a variance from the provision of their sign plan to allow them to display a wall sign along the buildings eastern facade and to replace their existing nonconforming pylon sign with a ground low profile sign. The city's sign code permits buildings to display signs along any facade with street frontage and similar uses in similar locations would are allowed signage along both the south and east facade; however, Colonial Square's sign plan restricts its signage to the southern facade. Signage was originally restricted to the south facade because there was no anticipated need for additional signage along the east facade. Recent upgrades to the eastern facade have attracted new tenants with an interest in additional signage. Staff believes allowing signage along the east facade would be consistent with how similar developments are treated and, so long as it complies with other provisions of the sign plan and sign code, that it will not negatively impact the area. PH 952.227.1100 • www.ci.chanhassen.nan.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Planning Commission Colonial Square Request for Sign Variance — Planning Case 2017-03 March 13, 2017 Page 2 of 4 New Proposed Wall Sign The sign code would also permit the proposed monument sign; however, due to the configuration of the parking lot it is not practical to locate the sign outside of the property's 10-foot yard setback. Since the existing pylon sign is located within the public right of way and is of a style not permitted by the city's sign code, staff believes reducing the existing nonconformity to be in the city's interest. So long as the proposed ground low profile sign is located outside of the intersection's sight triangle, it will not create a safety hazard by visually obstructing the intersection. Proposed Existing PUI CURVES & DOMINO LO � AN RODENZ ACCOUNTING AND TAX SERVICE EDGETEK HOCKEY Planning Commission Colonial Square Request for Sign Variance — Planning Case 2017-03 March 13, 2017 Page 3 of 4 Staff is recommending approval of this variance request. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 21, 2017 to review the proposed variance. No members of the public spoke for or against the variance request. The Planning Commission requested clarification as to the location of the ground low profile sign relative to the fire hydrant. Staff confirmed that the sign would not impede access to the fire hydrant. The applicant expressed concern that a proposed condition preventing window signage along the east facade was inconstant with how other developments were treated. After discussion the Planning Commission decided not to adopt this condition. The Planning Commission voted unanimously 6-0 to recommend approval of the variance request. The Planning Commission minutes of February 21, 2017 are included in a consent agenda item for the March 13, 2017 City Council agenda. 113XV-633131 S.IT . YLiW Staff recommends that the City Council approve the variance request to allow a wall sign along the east facade of the building at 400-416 W 78'h Street and a monument sign located with the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The applicant must apply for and receive the required sign permits from the city. 2. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the city code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment. Planning Commission Colonial Square Request for Sign Variance — Planning Case 2017-03 March 13, 2017 Page 4 of 4 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. Should the City Council deny the variance request to allow a wall sign along the east facade of the building at 400-416 W 78's Street and a monument sign located with the parking lot's 10-foot setback, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen City Council denies the variance request to allow a wall sign along the east facade of the building at 400-416 W 78s' Street and a monument sign located with the parking lot's 10-foot setback, 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 GAPLAN12017 Planning CasmM-03 Colonial Square Sign Valiance\Emutive Swmnary Colonial Square.doc PC DATE: February 21, 2017 CC DATE: March 13, 2017 3-1 REVIEW DEADLINE: February 10, 2017 CASE #: 2017-03 BY: MacKenzie Walter; PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of the variance request to allow a wall sign along the east facade of the building at 400-416 West 78'b Street and a monument sign located with the parking lot's 10-foot setback, 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: The property owner is requesting a varianceirom the development's sign plan to allow them to place a sign on the property's eastern facade, and to place a monument sign within the parking lot's 10-foot setback. The city's sign code would allow for the placement of a wall sign along the building's eastern facade; however, the development's sign plan limits wall signs to the south facade. The development would also be entitled to a monument sign under the city's sign code; however, the configuration of the parking lot makes it impractical to locate the monument sign in a place that complies with the sign code's general location restrictions. LOCATION: 400-416 West 78 b St APPLICANT: Vemelle Clayton VClayton & Associates PO Box 404 Chanhassen, MN 55317 OWNER: Colonial Square, LLC c/o VClayton & Associates PO Box 404 Chanhaseen, MN 55317 PRESENT ZONING: CBD 2030 LAND USE PLAN: Commercial ACREAGE: .88 acres DENSITY: NA Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 2 of 9 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. PROPOSAU/SUMMARY The property owner is requesting a variance from the building's sign plan to allow for a wall sign along the building's east facade and to place a monument sign within the parking lot's 10-foot setback. The development's sign plan restricts signage to the south facade, but the city's sign code would otherwise allow signage along the east facade. The sign code would also permit the development to have a monument sign, but the configuration of the parking lot makes it impractical to place the monument sign in a location that is not within the required 10-foot setback. The property owner states that the only reason that signage was initially restricted to the south facade was that there was no anticipated need for or interest in having signage along the east facade when the development's sign plan was created. With recent renovations and improvements to the eastern side of the building, there is now an interest in utilizing this facade. The applicant points out that the City Code allows tenants to place wall signs on each facade which has street frontage, and feels that the existing sign plan creates a hardship for their tenants. New Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 3 of 9 Proposed Wall Sign The property currently has a legally nonconforming pylon sign located within the public right of way. Pylon signs are not permitted in this part of the Central Business District, nor are any signs allowed within the public right of way. The applicant proposes removing the pylon sign and replacing it with a monument sign. The monument sign would not be located within the public right of way, but it would be located within the parcel's required 10-foot setback and 10-foot drainage and utilities easement. Due to the layout of the parking lot, it is not practical to comply with the code's setback. Replacing the pylon sign with the proposed monument sign would reduce the existing non -conformity and significantly improve the aesthetics of the property. Existing Pylon Sign Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 4 of 9 Proposed Monument Sign � 1 �Wrlr•1 1eWrrrWf�MhlAw4ip OI�e1.Ms�tti PROPOSED LO(ATION PROPOSED WAiION I -- - 63.75 in ---------•, 11.00 in i001-j CURVE1SS41n j i • I• • + AND TAX SERVICE EDGETEK HOCKEY 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 20-1303, Highway, General Business Districts and Central Business Districts Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 5 of 9 SIGN CODE Central Business District Freestanding Si¢na¢e Pylon* Ground Low Profile Principal Structure size Height (feet) Display Area (square feet) Height (feet) Display Area (square feet) 50,000 square feet or greater 20 80 10 80 Less than 50,000 square feet 16 64 8 64 *Pylon signs are restricted to properties that abut state highway corridors. Sign, freestanding/pole/pylon: Means any nonmovable 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). Wall business signs: One wall business sign per street frontage for each business within a building. SIGN PLAN Wall business signs: Restricted to sign band along the building's south fagade. BACKGROUND On December 14, 1998 a sign plan review was approved for Colonial Square Shopping Center. Amongst other provisions, the sign plan designated a section of the southern facade as the sign band and restricted signs to the sign band. On July 11, 2016 staff responded to a sign permit application for a wall sign on the building's east fagade by informing the property owner and tenant that the development's sign plan review restricted signs to the south fagade. On July 19, 2016 a sign permit was issued for the Domino's wall sign on the building's south fagade. Note: Staff was unable to determine when the existing pylon sign was installed. The plat was filed with the county on September 18, 1989 and the City Council passed an ordinance restricting pylon signs to parcels abutting highways on January 9, 1995. It is likely that the sign was installed between these dates. Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 6 of 9 Building: 400-412 West 78 h Street is zoned Central Business District (CBD). The parcel has an area of approximately .48 acres. The principal structure is 12,600 square feet. All wall signs are located on the building's southern facade. Access to this site is gained via Great Plains Boulevard. Parking lot: 400 West 78's Street is zone Central Business District (CBD). The parcel has an area of approximately .4 acres. This parcel is the parking lot which serves 400-412 West 78t' Street. The existing Empire Dry Cleaning pylon sign is located in the public right of way near the southeast corner of the property. Access to this site is gained via Great Plains Boulevard. Surrounding Land Use: To the north of 400-416 West 78' Street are parcels zoned High Density Residential District(R12) and Office Institutional District (OI). To the east across Great Plains Boulevard is Chapel Hill Academy, zoned Office Institutional District (OI). To the south across West 78t' Street are parcels zoned Central Business District (CBD). The parcels to the west are also zoned Central Business District (CBD). Variances within 500 feet: None found. Conditional Use Permit (Sign) Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 7 of 9 On June 12, 2006 the City Council granted Chapel Hill Academy located at 306 West 78" Street a conditional use permit for an LED Monument Sign. Non -conforming Signs Chan Prairie Laundry Center Located on 7720 Great Plains Boulevard has a pylon sign which does not conform to the current ordinance. ANALYSIS The current sign code would permit 400-416 West 78 b Street to have signage along both the south and east facade. The prohibition against signage along the east facade is due solely to the building's sign plan's Exhibit A only depicting the south elevation. The applicant has stated that when she proposed the current sign plan she did not foresee any need for signage along the east elevation and therefore did include that elevation in Exhibit A. With the recent renovations to the building's east facade the current tenant, Domino's, has expressed interest in placing a wall sign on the east elevation. Since view of the building's east facade is screened from residential view by Chapel Hill Academy, no provision within the sign code would preclude the location of a wall sign along the east elevation. Both the sign plan and sign code would allow the applicant to install signs in the east facade's windows. Granting a variance from the sign plan's facade restrictions would have no negative repercussions, so long as the sign complies with all other relevant provisions of the development's sign plan and the city's sign code. The sign code also allows 400-416 West 78a' Street to have a freestanding sign. The development's current freestanding sign is a pylon sign located within the right of way and site triangle. The sign code does not allow for pylon signs on parcels not adjacent to state highway corridors, nor does it allow for any signage to be located in the right of way or sight distance triangle. The pylon sign does not meet the sign code's design criteria. The pylon sign is an existing non -conformity. The applicant is proposing to replace this sign with a new ground low profile sign. The ground low profile sign would be located on the applicant's property outside of the sight distance triangle. The proposed sign would conform to the districts height and display area limits along with the city's general design criteria; however, it would be located within 10 feet of a lot line. The sign will also be located within the property's drainage and utilities easement, which would require the applicant to enter into an encroachment agreement with the city. Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 8 of 9 at - O in IR nS.32 VIt *de W Droirro9e W Eaeemen} O5 ' m am .._.. .._...—J. _— I Fez J - I LL �15CA0-_ t _� � = n = N9tl'oa'2o•WJ 3Er • I �Ornino9g and U4ili}y E'osemeni c_-�. ,� u.i - t : la..ra P.',, wWw 78TH STREET asSe. MrL 006 seVAI �T u6N, Q25W (CbrverCO "on.) 00- Due to the configuration of the parking lot it is not practical for the applicant to place a ground low profile sign outside of 10-foot setback. Staff examined the proposed location and determined that as long as the ground low profile sign is not located within the site distance triangle, it will not create a safety hazard by visually obstructing the intersection. Staff also noted that the parking lot would allow for a large van or trick parked in the southeast most stall to create a more significant visual barrier than the proposed sign. SUMMARY Permitting signage along the east fagade is in line with the city's sign code and would be consistent with how other similar developments in the city are treated. So long as the signage complies with the sign plan and sign codes other requirements it will not negatively impact the area. The proposed ground low profile sign represents a significant reduction in an existing non- conformity and an aesthetic improvement. So long as it is not located within the sight distance triangle it will not present a risk to public safety. Planning Commission Colonial Square Variance — Planning Case 2017-03 February 21, 2017 Page 9 of 9 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the variance request to allow a wall sign along the east fagade of the building at 400-416 W 78's Street and a monument sign located with the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: I. The applicant must apply for and receive the required sign permits from the city. 2. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east fagade must comply with all provisions of the City Code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. Should the Planning Commission recommend denial of the variance request to allow a wall sign along the east facade of the building at 400-416 W 781s Street and a monument sign located with the parking lot's 10-foot setback., 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 wall sign along the east facade of the building at 400-416 W 78a' Street and a monument sign located with the parking lot's 10-foot setback, 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 5. Colonial Square Shopping Center Sign Plan Review 6. Sight distance Triangle. 7. Memorandum from Environmental Resources Specialist GAPLAN\2017 Planning Cases\17-03 Colonial Square Sign Variance\Colonial Square Staff Report CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON lin l A Application of Vemelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West 78" Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vemelle Clayton for a sign variance for the property located at 400-416 West 78' Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2°d Addition Lot 3, Block 1, Chadda 2°d Addition 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: It is not uncommon for sign plans to limit the number of facades which may display signage in order to prevent clutter or mitigate a development's visual impact on adjacent land use; however, none of these factors apply to this case. The sign code permits business to have one wall sign on each building facade with street frontage. A business located at similar intersection with similar surrounding land uses would be allowed signage on both elevations. Granting a variance from the sign plan to allow for signage along the east elevation will allow the development to erect signage which complies with the City's sign ordinance. Due to the configuration of the existing parking lot it is not practical for the owner to erect a ground low profile sign without encroaching on the property's 10-foot setback. The existing pylon sign is an existing non -conforming use located in the City's right of way. By replacing it with ground low profile sign outside of the right of way and sight distance triangle the owner will significantly reduce the non -conformity. Reducing non -conformities and improving visibility at the intersection is in line with the intent of the City's sign ordinance. 5. The planning report, Planning Case #17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION Planning Commission recommends approval of the variance request to allow a wall sign along the east facade of the building at 400416 W 781h Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" 2017. 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. ADOPTED by the Chanhassen Planning Commission this 21 st day of February, CITY OF CHANHASSEN BY: Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON II' UQ Application of Vemelle Clayton for a sign variance to allow a wall sign along the east fa*e of the building at 400-416 West 7e Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vernelle Clayton for a sign variance for the property located at 400-416 West 78m Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2nd Addition Lot 3, Block 1, Chadda 2°a Addition 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: It is not uncommon for sign plans to place restrictions on the location and types of signage allowed in a development in exchange for allowing signage not normally permitted by the sign code. In this case the sign plan limits signage to the south elevation while allowing for hanging signs and other element not usually allowed under the sign code. Additionally, if the tenant wishes they are allowed to place window signs along the east elevation. They are allowed advertising along both elevations and the inability to have their preferred type of sign is not a hardship. Requiring developments to abide by the terms of their sign plans is in line with the intent of the ordinance. The development's existing freestanding sign is configured in such a way as to have a minimal impact on the intersections sight lines; whereas the proposed sign is an opaque ground low profile sign. The City's sign code prevents all signage within the 10-foot setback both to protect public safety by ensuring adequate visibility at intersections and minimise the visual impact of signs for pedestrians and motorists. Substituting an existing non -conforming use for new non- conforming use with a higher visual impact is not in line with intent of the ordinance. 5. The planning report, Planning Case #17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommends denial variance request to allow a wall sign along the east facade of the building at 400-416 W 78'h Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" WIN ADOPTED by the Chanhassen Planning Commission this 21st day of February, CITY OF CHANHASSEN M Chairman `A COMMUNIITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 0 CITY OFCAANHhSSEN APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: 2" ' PC Dom: 2 j �' CC Date: 3 1' 60-pay Review Date: 3 2 ) Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information Chet must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others .........................................................$425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others ......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)..................$760 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ® Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ CommerciaVindustrialDistricts .................... "' $500 Plus $10 per 1,000 square feet of building area: thousand square feet) 'Include 1 U. ber of existing employees: 'include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less ........................................ $300 ❑ Create over 3 lots.......................$600 + $15 per lot lots ) El metes & Bounds 2 kKs ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat. .........................................................$700 (Includes $450 escrow for attorney costs)* •Additional esaav may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording tees may apply) ® Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ...............................$150 ❑ All Others .......................................................$275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $5W NOTE: When multiple applications are processed conmrrentty, the appropriate fee shall be charged for each application. ❑ Notification Sign (City to Install and remove) ................................... $200 ❑ Property Owners' List Within 500' (City to generate after pre -application maP" I.........„ ....................................... $3 per address � El Escrow for Recording Documents (check all that apply)............................addresses)............. ......... $50 per document El Conditional Use Permit El Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 dots.) ❑ Easements (_ easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location. secs L,) )$// Parcel #: Total Acreage: Legal Description:. Wetlands Present? ❑ Yes ® No Present Zoning: Selea One COD Requested Zoning: Select One Present Land Use Designation: Select One N/rY Requested Land Use Designation: Select One /,49 Existing Use of Property. _ LO/ylIn erCrn/ ❑ 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, 1 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: 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: Swwe/i-. L.CC _ Contact: Vzt*PIle l'_Ex.�ur✓ Address: UL'/avkny-AS50.' 17'0 44L�% Phone: 4ds- Z,5-c9'1VV City/State2ip: r Aa-as Cr7 Abil SSS 3/7 Cell: Ala --764 -1/37 D Email: Signature: Fax: [/' Date: !/!b/i!P, 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: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact information: ® Property Owner Via: M Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: El Engineer Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State2ip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: 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 February 9, 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 request for a Variance to install a proposed monument sign near the parking lot and wall sign on East fagade of the building located at 400412 West 78t° Street 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. Subscribed and sworn to before me this —1— day of YU , 2017. l I' Deputy CA Ark jKENNIFER ANN ParyPublic-Minnesota mmieaonEea.11n31,20'p Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 21, 2017 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance to install a proposed monument sign Proposal: near the parking lot and a wall sign on the East facade of the building. Applicant: Colonial Square, LLC — Vernelle Clayton Property 400-412 West 78th Street. Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens W public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2017-03. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(o)ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEW! Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Manned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property vi thin 500 feel of the subject site to be notified of Me application In writing. Any Interested pony is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff Will give a verbal overview of Me report and a recommendation. The item will be opened for the public to speak about the proposal as a pan of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affirm or modify wnolly or partly the Planning Commission's recommendation Rezonings, land use am code amendments take a simple majority vote of the City Coundl except rezonings and land use amendments from residential to commercial4ndusthal. • Minnesota State Statute 519,99 requires all applications to be processed within 60 days unless the applicant waives Mis standard. Some applications due to their complexity, may take several months to complete. Any person wishing to folow an Item through the process should check with the Planning Deparment regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the dly Council does not. Minutes are taken and any comespondence regarding the application will be Indutletl in the report to the Gty Coundl, a you wish to have something to be Included in the report. lease call the PlanninQ Staff person named on the notficallon. Date & Time: Tuesday, February 21, 2017 at 7:00 p.m. This hearing may not start ' until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a variance to install a proposed monument sign Proposal: near the parking lot and a wall sign on the East facade of the building. Applicant: Colonial Square, LLC—Vernelle Clayton Property 400-412 West 78th Street. Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.c!.chanhassen.mn.us/2017-03. If you wish to talk to someone about this project, please contact MacKenzie Walters by email at mwalters aC 2ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • SubdivisionsPlanned Unit Developments, Site Plan Reviews, Conditional and IMedm Uses, Wetland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property Within 500 feet of the subject site to be notified of the application in witting. Any interested perry Is Invited to attend the meeling. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are avallabie by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public heading and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and coda amendments take a simple majonty, vote of the City Coundl except reaonings and land use amendments from residential to commerclalAndustnal. • Minnesota State Statute 519.99 requires all applications to be processed wihin 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested persons). • Because the Planning Commission holds the public hearing, the City Council does not. Mnutes are taken and any correspondence regarding the application will be included In Me report to the City Council. If you wish M here something to be Indutletl in Me report, lease contact the Manning Stall person named on the notification. ayer Name COIN LAUNDRY LLC JASON LEE LEMCKE EDENBAY INVESTMENTS LLC TWIN CITIES & WESTERN RAILROAD THEODORE VAN BLYENBURGH CHAPEL HILL ACADEMY GEORGE D & MARGARET H SHORBA ROBERTT & SUSAN J WELLIVER CHANHASSEN MEDICAL ARTS II LLC CHANHASSEN MEDICAL ARTS LP COLONIAL SQUARE LLC HERITAGE PARK APARTMENTS MARIANNE BURGER LLC MELROSE PLACE II INC ARLIS A BOVY DENNIS & JANIS FISHER TRACY L & JANE M MESSER MICHAEL P LUDKE LARRY A & KATHLEEN A SCHROEDER CHURCH OF ST HUBERT GEORGE A & JACQUELYN K BIZEK RIESE FAMILY PROPERTIES LLC NEW CHANHASSEN HOLDING COMPANY LLC MARK & ROSE ANN SCHLENK DEAN M AKINS CENTERPOINT ENERGY MINNEGASCO KENNETH M & LAURA A LARSON Taxpayer Address 1499 PINETREE TRL 15737 SAINT ANDREWS LN 19192 POPLAR CIR 2925 12TH ST E 303 77TH ST W 306 78TH ST W 306 CHAN VW 403 DEL RIO DR 470 78TH ST W #260 470 78TH ST W #260 470 78TH ST W #260 470 78TH ST W #260 5925 WOODLAND CIR 7287 FAWN HILL RD 7339 FRONTIER TRL 7501 ERIE AVE 7608 GREAT PLAINS BLVD 7613 IROQUOIS 7720 FRONTIER TRL 8201 MAIN ST 8750 POWERS BLVD 9154 SUNNYVALE DR PO BOX 100 PO BOX 145 PO BOX 390195 PO BOX 59038 PO BOX 783 EAGAN, MN 55122-3725 ANOKA, MN 55303-8004 EDEN PRAIRIE, MN 55347-2775 GLENCOE, MN 55336-3368 CHANHASSEN, MN 55317-9798 CHANHASSEN, MN 55317-9734 CHANHASSEN, MN 55317-9734 CHANHASSEN, MN 55317-9777 CHANHASSEN, MN 55317-4527 CHANHASSEN, MN 55317-4540 CHANHASSEN, MN 55317-9745 CHANHASSEN, MN 55317-4547 MINNETONKA, MN 55345-6440 CHANHASSEN, MN 55317-8435 CHANHASSEN, MN 55317-9796 CHANHASSEN, MN 55317-7903 CHANHASSEN, MN 55317-7914 CHANHASSEN, MN 55317-9604 CHANHASSEN, MN 55317-9753 CHANHASSEN, MN 55317-9647 CHANHASSEN, MN 55317-9001 CHANHASSEN, MN 55317-8532 CHANHASSEN, MN 55317-0100 CHANHASSEN, MN 55317-0145 EDINA, MN 55439-0195 MINNEAPOLIS, MN 55459-0038 CHANHASSEN, MN 55317-0783 CITY OF CHANNASSEN December 21, 1998 690CiryCenter Drive, POBox 147 Ms. Vernelle Clayton Chanhassen, Minnesota 55317 Lotus Realty Phone 612.937.1900 P.O. Box 235 General Fax612.9375739 Chanhassen, MN 55317 EngineeringFaw 612.937.9152 Public Safety Fax612.934.2524 Dear Ms. Clayton: Web wwwd.turnhwen.mn.us This letter is to inform you that on December 14, 1998 the City Council approved your request for a sign plan review for Colonial Square Shopping Center subject to the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationary. 5. Barbershop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 6. All signage must comply with all other criteria in the sign ordinance. Also, our records show that only $120.00 was submitted for the review fee when $150.00 was required. Please submit the remaining $30.00 upon receipt of this letter. Should you have any questions, please feel free to contact me at 937-1900, ext. 117. Sincerely, ONE �� Cynthia R. Kirchoff Planner I The City of Clianhatum Agrowing community with clean lakes, quality schooh, a chamtingdowntown, thriving businesses, and beautiful parks. Agreat place to liar, work, and play 41\r1u-Q"K f'1t ) vlotkd COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN A. All signs require a separate sign permit B. No sign permits shall be issued by the City unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only, provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36" high area centered within a 45" high architectural feature of the building, with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. . 1. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area, which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked, however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. 3. Panel signs are permitted provided their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos (concave, convex, projected or indented). b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, Channel letters with acrylic facing, iv. Reverse channel letters (halo lighted), or the entire sign may be externally illuminated by separate lighting source. 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: I. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. C. All hanging signs shall be stationary, may not be self -illuminated but may be lighted by surface mounted fixtures located on the sign or on the adjacent building surface. d. Hanging signs shall be limited to one per tenant . e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f. If metal materials are used, they shall be of non -corrosive and non -oxidizing materials. If wood materials are used, they shall at all times be maintained in like -new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit, unlit, stationery or moving are permitted. 3. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade, provided they are constructed of fabric materials, provided they do not contain advertising for specific tenants, provided they project from the building a maximum of 2 feet, provided they have a maximum are of 10 square feet and provided they are kept in good condition. ��I p IRIMR ICY YI �R RMw [�I�. sou H ELEVAtION 41 ION II... ..... i Co/onia� S�uere b/d� EvAi Let A ❑L.I __.�7iF._yr.��7. r:. ���❑ e91r_-- � r.."'-�...I .^` L I I I d I I i Si Jn 88n Note: Shaded areas depicted above represent the sign band area within which wall signs maybe located. The total area shaded is approximately 600 s. f. Total area of sign coverage may not exceed 224 s.f (Darker areas within dormer peaks and parapet 'roof are not intended to depict sign band area.) § 20-1266 CHANHASSEN CITY CODE sign stands immediately upon notification by the city. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within thirty (30) calendared days following receipt of written notice: (1) Such permittee or owner maybe prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. All signs shall be subject to inspection by the building official, or any other official of the city who may be appointed by him, to ascertain if the provisions of this chapter are being met. (Ord. No. 231, § 1, 1.9.95) Sec. 20.1267. Uniformity of construction, design, etc. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi -tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented con- currently for staff review. All planned centers and multi -tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. Signage shall use individual dimensional letters and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multi -tenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (any- thing other than wording) shall not occupy more than fifteen (15) percent of the sign display area. (Ord. No. 231, § 1, 1-9.95) Sec. 20.1268. Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size regulations applicable to such signs. (Ord. No. 231, § 1, 1.9.95) Sec. 20.1269. Reserved. Sec. 20.1270. Uniform sign code. The design and construction standards as set forth in Chapter 4 of the 1994 edition of the Uniform Sign Code as may be amended, are adopted... (Ord. No. 231, § 1, 1-9-95) Secs. 20.1271-20.1274. Reserved. Sec. 20.1275. Construction standards. (a) A free standing sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding forty-five (45) Supp. No.7 1268 ZONING § 20-1303 Sec. 20-1303. Highway, general business districts and central business districts. The following signs shall be allowed by permit in any "BH", TG", 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. Pylon Height Sign Size (feet) (square feet) 20 80 16 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 Maximum Square of Wall Wall Area in Square Feet Footage of Sign 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 9% 1,801-2,400 216 7% 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500+ 240 (4) Menu board. One (1) menu board sign per restaurant use is permitted with a drive -through facility. Such sign shall not exceed forty-five (45) square feet in size nor greater than eight (8) feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. Supp. No.9 1271 § 20-1257 CHANHASSEN CITY CODE Sec. 20.1257. Reserved. Sec. 20-1258. Legal action. If the city planning director or an administrative officer finds that any sign regulated by this division is prohibited as to size, location, content, type, number, height or method of construction; or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained, or is in violation of any other provision of this chapter, he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within (10) calendar days following receipt of said notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1259. Prohibited signs. The following signs are prohibited: (1) Advertising or business signs on or attached to equipment, such as semi -truck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. ✓ (2) Motion signs and flashing signs, except time and temperature signs and -barber poles Which may be permitted by conditional use permits (see sections 20-231 through 20-237). (3) Projecting signs, not including awning or canopies as defined in this chapter. (4) Roof signs, except that a business sign may be placed on the roof, facia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in section 20-1256. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right-of-way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. Supp. No.9 1266 ZONING from the rest of the roof by a space of more than six (6) inches. IZZA § 20-1 Sign, marquee means a sign which is mounted, painted on, or attached to any projection or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. Sign, menu board means a sign located adjacent to the drive -through lane that is used to advertise the product available at a fast food restaurant. Sign, motion means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation. Sign, nameplate means a sign, located on the premises which bears the name and/or address of the occupant of the building or premises. Sign, nonconforming means a sign that does not conform to the requirements of this chapter. Sign, off -premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. Sign, on -premises means a sign which directs attention to a business, commodity, product, use, service or other activity which is sold, offered or conducted on the premises upon which the sign is located. Sign, portable means a sign designed so as to be movable from one (1) location to another, and that is not permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be transported by means of wheels, sign converted to A -Frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in the normal day-to-day operations. Sign, private sale or event means a temporary sign -advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night, art fair, or craft show. J Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Supp.No. 8 1158.1 NOTICE OF PUBLIC HEARING SIGN PLAN CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, December 2, 1998, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Lotus Realty for Colonial Square Center located on West 781h Street and Great Plains Blvd. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Cynthia Kirchoff, Planner I Phone: 937-1900, ext. 117 (Publish in the Chanhassen Villager on November 19, 1998) CHANHASSEN MEDICAL BLDG JAMES M MARTIN CAMEO CLEANERS 470 WEST 78TH STREET 3740 UNION TERRACE LANE 400 WEST 78TH STREET PO BOX 250 MINNEAPOLIS,MN 55441 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHAPEL HILL ACADEMY MR & MRS DOUG FISHER WESTWOOD COMMUNITY CHURCH ATTN: TERRY 7724 FRONTIER TRAIL 7801 PARK DRIVE 308 W 78TH STREET CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 COLONIAL SQUARE, LLC HERITAGE APARTMENTS LARRY SCHROEDER CIO LOTUS REALTY SERVICES, INC. 425 CHAN VIEW 7720 FRONTIER TRAIL P.O. BOX 35 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN REALTY CO MARK SCHLENK IVO SCHUTROP LEY GO PEGGY RIVE. 501 CHAN VIEW 302 CHAN VIEW 3700 ZENITH AVE. SO. CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 MN 55410 LAURA A LARSON GEORGE D SHORBA CHANHASSEN MEDICAL BLDG 7615 IROQUOIS 304 CHAN VIEW PO BOX 250 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 JOHN R. RYAN 7613 IROQUOIS CHANHASSEN,MN 55317 ARLIS BOW 7610 HURON CHANHASSEN,MN 55317 CHANHASSEN GUEST SUITES P.O. BOX 64 CHANHASSEN,MN 55317 LAN NGUYEN 7609 HURON CHANHASSEN,MN 55317 JANE MESSER 7608 GREAT PLAINS BLVD CHANHASSEN,MN 55317 NORBERTJACQUES BOX 44 CHANHASSEN,MN 55317 CITY OF CHANHASSEN HRA 690 COULTER DRIVE CHANHASSEN,MN 55317 CHAN VIEW ESTATES-111 PHILLIP HILLMAN 4900 NINE MILE CREEK PK BLOOMINGTON,MN 55437 BLOOMBERG COMPANIES INC. P.O. BOX 730 CHANHASSEN,MN 55317 COUNTRY CLEAN P.O. BOX 162 CHANHASSEN,MN 55317 COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN STAFF REVISED A. All signs require a separate sign permit. B. No sign permits shall be issued by the city unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only, provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36" high area centered within a 45" high architectural feature of the building, with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area, which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked; however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos with a minimum projection or indentation of I inch b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, iii. Channel letters with acrylic facing, iv. Reverse channel letters (halo lighted), or the ea&e sign ffay be 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: 1. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. C. All hanging signs shall be stationary, and may net be internally self -illuminated d. Hanging signs shall be limited to one per tenant. e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f. If metal materials are used, they shall be of non -corrosive and non -oxidizing materials. If wood materials are used, they shall at all times be maintained in like -new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit, unlit, stationery or moving are permitted. However, they shall be limited to 4 feet in height and a 12 inch proiection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 3. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade, provided they are constructed of fabric materials, provided they do not contain advertising for specific tenants, provided they project from the building a maximum of 2 feet, provided they have a maximum are of 1 o square feet and provided they are kept in good condition. g:\plm\cNaigmge s .dm COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN PLANNING COMMISSION REVISED A. All signs require a separate sign permit. B. No sign permits shall be issued by the city unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only, provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36" high area centered within a 45" high architectural feature of the building, with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area, which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked; however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering illdes*d)• b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, iii. Channel letters with acrylic facing, iv. Reverse channel letters (halo lighted), 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. C. All hanging signs shall be stationary, and may net be intemagy self 44umiamed but may{.e lighted ed by ..�C a ..ted C.vA.�en 'Agated an she ., the aE� R4 be T" .,.� ,. building 6uFfH68. d. Hanging signs shall be limited to one per tenant. e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f. If metal materials are used, they shall be of non -corrosive and non -oxidizing materials. If wood materials are used, they shall at all times be maintained in like -new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit, unlit, stationery or moving are permitted. However, they shall be limited to 4 feet in height and a 12 inch proiection from the buildin¢. The number of barber shop poles shall not exceed 2 for the entire buildine. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade, provided they are constructed of fabric materials, provided they do not contain advertising for specific tenants, provided they project from the building a maximum of 2 feet, provided they have a maximum are of 10 square feet and provided they are kept in good condition. giplm\ck\sigoage scan pc chaagcs.doc City Council Meeting - December 14, 1998 Councilman Berquist moved, Councilman Mason seconded to deny 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: 1. The applicant has a reasonable opportunity to installing signage on the glass doors along West 78d' Street. AB voted in favor and the motion carried. Councilman Berquist: I would like it to be communicated that we would like to find a method by which it can be accomplished. Cynthia Kirchoff: Thank you. The applicant wishes to establish the signage criteria for an existing Colonial Square. The sign plan requests certain deviations from the sign ordinance. These deviations including permitting panel signs, external illumination of signs and projecting signs. All these signs are prohibited by our sign ordinance. Overall staff is comfortable with the sign plan that Lotus Realty has submitted with the revisions. The Planning Commission did review this item on December god and they did have some revisions to add on past revisions and those are located in the packet. Staff does support the sign plan for Colonial Square with the revisions located in conditions 1 through 6. Thank you. Mayor Mancino: And those revisions are the ones that you received from the Planning Commission? Cynthia Kirchoff: That's correct. Mayor Mancino: Okay, thank you very much. is the applicant here and would you like to address the city council? And Vemelle, would you like to state about the conditions of the Planning Commission and if you agree with those, and etc. Vemelle Clayton: I'll try to keep the etc to a minimum. I know that you've had other things on your mind since you got this packet but I will assume that you read it and you know the reasons why we're doing it. I already talked about some of them. We have no problems with any of the conditions that were added by the Planning Commission but, and in the interest of your time, I will be happy to answer questions and I won't take any more time right now. Mayor Mancino: No, I just figure that somebody really looked at this with a fine tooth comb when I see that condition 2 was changed to appropriate to the scale of the lettering. That was. Vemelle Clayton: We did. We spent a lot of time on this Mayor Mancino: Okay, thank you. Anybody else have questions for Vemelle? Councilman Mason: Oh, not for Vemelle, no. Mayor Mancino: Okay, thank you. I'm sorry, Councilman Mason. 27 City Council Meeting - December 14, 1998 Councilman Mason: This comes up from time to time and it's something that everyone struggles with. The only thing that I, I'm not even going to say I'm concerned about it but number 1 for recommendations says panel signs are permitted provided they are architecturally interesting and compatible with the building. Who decides what's architecturally interesting? I mean that's kind of the bugaboo. I mean you know we're always asking that one. I'm just. Cynthia Kirchoff: Well that would be kind of a collaboration between staff and Lotus and Vemelle. Mayor Mancino: It usually works out wouldn't you say Councilman Mason? Councilman Mason: I'm sorry. Mayor Mancino: Wouldn't you say that that usually works out? Councilman Mason: Well it does, and you know as long as it's under recommendations I think it's fine. You know we do have this discussion and it's a discussion I won't be having in the future but, well maybe I will be but it won't be up here. Anyway, you know that whole thing about when we start talking about what's architecturally interesting and what isn't. Knowing the people involved, I have absolutely no qualms at all about approving that. Mayor Mancino: Okay, thank you. Any other comments from council? Then may I have a motion please. Councilman Mason: Move approval. Councilman Engel: Second. Councilman Mason moved, Councilman Engel seconded to approve the request for a sign plan review for Colonial Square Shopping Center with the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationary. 5. Barber shop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 6. All signage must comply with all other criteria in the he sign ordinance. All voted in favor and the motion carried. AMENDMENT TO VARIANCE APPROVAL FOR THE CHANHASSEN CINEMA SIGN. W. C.iTY OF CK�NHASSEN v� STAFF REPORT L PC DATE: 12/2/98 CCDATE: 12/14/ 8 CASE 98-28 SIGN By: Kirchoff:v PROPOSAL: A request for sign plan review for Colonial Square Shopping Center. LOCATION: 400-416 West 781h Street (Colonial Square Building) APPLICANT: Colonial Square LLC c/o Lotus Realty P.O. Box 235 Chanhassen, MN 55317 934-4538 PRESENT ZONING: CBD, Central Business District ACREAGE: N/A DENSITY: N/A ADJACENT ZONING AND LAND USES: N: R-12, High Density Residential S: CBD, Central Business District E: OI, Office Institutional W: CBD, Central Business District WATER AND SEWER: Available to the site PHYSICAL CHARACTER: This site contains an existing shopping center. 2000 LAND USE PLAN: Commercial low ► IT Colonial Square Sign Plan December 14, 1998 Page 2 PLANNING COMMISSION UPDATE The Planning Commission reviewed this item on December 2,1998. They were receptive to relaxing some of the sign standards for the Colonial Square Shopping Center. They also raised some concern about the potential redevelopment of the site in the near future. The Planning Commission recommended approval of the sign plan with amendments to the conditions of approval. They were opposed to providing a minimum standard for the projection or indentation of letters on a panel sign, and instead recommended language Implying the appropriateness of depression or projections to the size of the lettering. The Planning Commission also recommended the language in condition 4 be revised to delete the self -illumination reference. The staff report has been revised. All new information is in bold, and all outdated information has been struck through. APPLICABLE REGULATIONS Section 20-1267 states that all planned center and multi -tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council (Attachment 3). Section 20-1303 regulates signage for highway, general business and central business district zoning districts (Attachment 4). Section 20-1267 requires that if a sign is illuminated it is back lit (Attachment 3). Section 20-1267 requires that signage be individual dimensional letters (Attachment 3). Section 20-1259 (2) prohibits motion signs (Attachment 5). Section 20-1259 (3) prohibits projecting signs (Attachment 5). Section 20-1 defines a projecting sign as a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building (Attachment 6). BACKGROUND Recently, a sign permit was submitted for a tenant of the Colonial Square Shopping Center. Staff believed that the sign was a panel sign. The proposed sign is flat but has routed out letters and is constructed of wood. The sign ordinance specifically requires individual dimensional letters. Colonial Square Sign Plan December 14, 1998 Page 3 Staff contacted the management to determine the leased area for this particular tenant because it was omitted from the sign permit application. The height and width of the leased area is used to determine that maximum size of a wall sign. (For instance, if the wall area is 600 sq. ft., the wall sign can be a maximum of 15 percent of the wall or 90 sq. ft.) After some discussion with staff regarding the definition of a panel sign and permitted size of wall signage, the management developed signage criteria for Colonial Square. The criteria seeks to establish a sign band area, identify permitted signs and specify a total square footage of signage for the entire building, rather than a certain percentage for each tenant based on their lease space. The management was concerned that without a sign plan, signs may detract from the building and be inconsistent in size and construction. The applicant requests (1) to develop specific requirements for Colonial Square Shopping Center and (2) to permit certain deviations from the sign ordinance. Specifically, the sign plan requires all wall signs to be located in a sign band. The sign band is 36 inches in height and is centered within a 45 inch high architectural feature of the building. The sign band is broken by an area 12 inches on either side of the vertical architectural features (column) of the building. This will ensure that the signage is centered and consistent through the facade of the building. ANALYSIS The majority of the sign plan is in compliance with the sign ordinance. However, staff would like to clarify the issues surrounding panel signs, projecting signs and barber shop poles. Panel Signs The sign plan permits panel signs in Colonial Square. The zoning ordinance specifically requires individual dimensional letters. Panel signs are not defined in the zoning ordinance, however, staff believes that they are flat with no architecturally significant elements, e.g., no indentation or projection of letters. This type of sign exists on the shopping center located at lake Drive East and Great Plains Boulevard. They are not particularly attractive but they serve a purpose of identification. The sign plan states that panel signs shall have individual dimensional letters which are projected or indented on the sign. Staff believes that this requirement is reasonable. However, it should incorporate language which requires that the panel signs be architecturally interesting and compatible with the building. The statement should be revised as follows. C. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set below. Colonial Square Sign Plan December 14, 1998 Page 4 The sign plan also states that signs shall have "individual dimensional letters and logos (concave, convex, projected or indented)" This is vague and maybe open to interpretation. Therefore, staff believes that the projection or indentation should be specified at a minimum of 1 inch. The statement should be revised as follows: C. 4. A. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos with a minimum proiection or indentation of I inch )• The Planning Commission was opposed to a minimum projection or indentation. Instead, they preferred requiring the projection or indentation to be appropriate to the size of the lettering. They recommended the statement be revised as follows. C. 4. A. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering( , )• City -Wide Implications Is a panel sign with a 1 inch minimum projection or indentation something that should be adopted city-wide or limited to this building? Is this reasonable or does it depart downward from the sign ordinance which requires individual dimensional letters? The sign ordinance does a fine job of ensuring uniformity and high quality of signage throughout the city. Staff requests direction on this issue. Further research could be gathered and presented at an upcoming meeting. Although they did understand the rationale for subscribing to such a specification, the Planning Commission rejected the notion of specifying a minimum projection or indentation for panel signs because the panel sign that brought about the sign plan does not comply with this requirement Being panel signs will only permitted in this shopping center, the problems should be limited. External Illumination of Signs The external illumination of signs in permitted in this sign plan. The sign ordinance specifically states that the if a sign is illuminated that it be back lit. Staff will not permit signs in Colonial Square to be illuminated by an external source. It may create glare, which is prohibited by the zoning ordinance. Therefore, the statement should be revised as follows. C. 4. B. iv. Reverse channel letters (halo lighted), _ the _.:-e sign maybe Projecting Signs Colonial Square Sign Plan December 14, 1998 Page 5 The sign plan permits hanging signs. The sign ordinance specifically prohibits hanging signs. The applicant has stated in the accompanying letter than they included approved signage from Villages on the Ponds since it is located in "Old Town" and has a covered walkway which beckons hanging sings. Staff does not have a problem with permitting hanging or projecting signs, however, they should be self -illuminated if they are illuminated. The sign ordinance states that if a sign is illuminated that it be back lit. The sign plan states that the "sign may not be self -illuminated but may be lighted by surface mounted fixtures located on the sign or adjacent building surface." Staff believes that this may create glare and recommends that this be removed from the sign plan. The statement should be revised as follows. D. 1. c. All hanging signs shall be stationary, and may net be internally self - illuminated The applicant was opposed to staff requiring that if the hanging sign is illuminated, that it be back lit rather than being lit by a spotlight (or other exterior fixture). The Planning Commission recommended that this statement be revised as follows. D. 1. c. All hanging signs shall be statio , Barber Shop Poles The sign plan mentions barber shop poles. The zoning ordinance permits them, however, a conditional use permit is required prior to the installation. Staff believes that conditions should be in place with this sign plan review so that a conditional use permit is not necessary. Restrictions should be placed at this time. Staff recommends that the height of the barber shop pole be limited to 4 feet and the projection be limited to 12 inches from the building. Also, staff recommends that the number of barber poles be limited to 2 for the entire building. The statement should be revised as follows. D. 2. Barber shop pole signs, whether lit, unlit, stationary or moving are permitted. However, they shall be limited to 4 feet in height and a 12 inch Droiection from the building. The number of barber shop Doles shall not exceed 2 for the entire building. Colonial Square Sign Plan December 14, 1998 Page 6 RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves the request for a sign plan review for Colonial Square Shopping Center with the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a u-nimum projection or indentation of 1 ineh appropriate to the scale of the lettering. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationaM and may be inteFnally self illumine 5. Barber shop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 6. All signage must comply with all other criteria in the sign ordinance " ATTACHMENTS 1. Application and Letter 2. Sign Plan with Elevation 3. Section 20-1267, Uniformity of Construction, Design, etc. 4. Section 20-1303, CBD Permitted Signs 5. Section 20-1259, Prohibited Signs 6. Section 20-1, Definition of Projecting Signs 7. Staff Revised Sign Plan 8. Planning Commission Revised Sign Plan 9. Property Owners \bhl\vol2VIanbk\plan c =a colonial square sign plan ovimcbc A-I1-0_C 0Vq CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: C ADDRESS: CIO 14afus 0-H-V ChnhhessPi, MN553/� TELEPHONE (Daytime) 935l- ADDRESS: TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit _ 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' X Escrow for Filing Fees/Attorney Cost' (and SUB) etes Bo nds, $400 M o TOTAL FEE $ L_ Subdivision' A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 6Y2' X 1t" 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. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST 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. This is to certily that I am making application for the described action by the City and that I am responsible foi 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. 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. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permd is granted within 120 days with the Carver County Recorder's Office d the the document returned to City Hall Records. �i I // yr/yq gnature of Applicant Date bignature of Fee Owner Application Received on Date Fee Paid ����'C� Receipt No. ' 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. LOTUS REALTY SERVICES November 10, 1998 TO: Planning Department City of Chanhassen FROM: Vernelle Clayton, Representing the Owners of Colonial Square RE: Signage at Colonial Square In connection with the sign application from Loose Straw, one of the tenants at Colonial Square, it was brought to my attention that the procedure used by the Planning Department in determining the permitted size for signage on retail buildings is based on a formula which uses the front footage and height of the tenant space in order to determine the "building area". Since 1 was involved in the drafting of the current sign ordinance in which it is stated that the total building signage is based on the number of square feet in the building frontage, I assumed that the building owners were policing the sizes of each individual tenant's signs so that the total of all did not exceed the total permitted. In the case of Colonial Square, the current interpretation does not meet the needs of the tenants, nor would it result in an overall aesthetic appearance for a couple of reasons: 1. The building has a large front with several 'dormer' type peaks. Should a tenant with a small amount of frontage occupy space beneath these dormers, the aesthetics of the signage would be out of balance. 2. The portion of the building which was previously occupied by St. Huberts has a central hallway with spaces off the hallway which have no frontage on the street. Thus, this building may have signage needs in the future which cannot be met by the current policy in that there may be tenants with no frontage who would need signage. It is my recommendation that there be a sign plan established for the building which will be adhered to by both the building owners and the City in approving applications for building signage. It is also my recommendation that the current policy be reviewed toward the end that each building should submit a sign plan and that no sign permits be issued unless and until the building owner has approved of both the type and size of signage. At Market Square, for example, where 551 WEST 78TH STREET ■ P.O. BOX 235 0 CHANHASSEN, MINNESOTA 55317 ■ (612) 934-4538 a FAX (612) 934-5472 there is a sign plan in place, we would not want to have a tenant with a small space have a sign that is smaller than the rest of the signs, nor would we want a tenant with a large space have a larger sign that the rest of the signs (except where the sign plan specifically permits a larger sign). Thus, we are submitting the enclosed proposed sign plan for your review for Colonial Square. We have deliberately included some of the language from the sign plan which was approved for Villages on the Ponds in that this particular building is located near our "Old Town" area and has some of the same characteristics of'older' buildings, including a covered walkway, which lend themselves to the types of signs suggested in our proposal. iz 0 19 o` Cal CITY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: Mackenzie Walters, Assistant Planner FROM: Jill Sinclair, Environmental Resources Specialist DATE: February 21, 2017 SUBJ: Colonial Square Sign Variance The applicant is proposing to construct a new monument sign at the southeast comer of the parking lot. Currently sighted in the same location is a mature ash tree. The construction of the sign will necessitate the removal of the tree. Colonial Square currently does not meet parking lot standards for city code for landscaping. The only landscaped area within the property is the same one currently proposed for the monument sign. Staff recommends that a tree be replaced in that area after construction. Recommendation The applicant shall plant one shade tree. The tree shall be a minimum size of 2" diameter. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Vemelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West 78 h Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Vernelle Clayton for a sign variance for the property located at 400-416 West 78`s Street and recommended approval. On Mark 13, 2017 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Vernelle Clayton for a sign variance for the property located at 400-416 West 78d' Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2°a Addition Lot 3, Block 1, Chadda 2°d Addition 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: It is not uncommon for sign plans to limit the number of facades which may display signage in order to prevent clutter or mitigate a development's visual impact on adjacent land use; however, none of these factors apply to this case. The sign code permits business to have one wall sign on each building facade with street frontage. A business located at similar intersection with similar surrounding land uses would be allowed signage on both elevations. Granting a variance from the sign plan to allow for signage along the east elevation will allow the development to erect signage which complies with the City's sign ordinance. Due to the configuration of the existing parking lot it is not practical for the owner to erect a ground low profile sign without encroaching on the property's 10-foot setback. The existing pylon sign is an existing non -conforming use located in the City's right of way. By replacing it with ground low profile sign outside of the right of way and sight distance triangle the owner will significantly reduce the non -conformity. Reducing non -conformities and improving visibility at the intersection is in line with the intent of the City's sign ordinance. 5. The planning report, Planning Case #17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. The Chanhassen City Council approves the variance request to allow a wall sign along the east facade of the building at 400-416 W 78`' Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. ADOPTED by the Chanhassen City Council this 13th day of March, 2017. CITY OF CHANHASSEN MR Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON 11203 Application of Vemelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West 78' Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vemelle Clayton for a sign variance for the property located at 400-416 West 78' Street and recommended approval. On March 13, 2017 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Vemelle Clayton for a sing variance for the property located at 400-416 West 78' Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2nd Addition Lot 3, Block 1, Chadda tad Addition 4. Sign Variance Findings: a. The City Council, upon the recommendation of the Planning Commission, may grant a variance firom 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: It is not uncommon for sign plans to place restrictions on the location and types of signage allowed in a development in exchange for allowing signage not normally permitted by the sign code. In this case the sign plan limits signage to the south elevation while allowing for hanging signs and other element not usually allowed under the sign code. Additionally, if the tenant wishes they are allowed to place window signs along the east elevation. They are allowed advertising along both elevations and the inability to have their preferred type of sign is not a hardship. Requiring developments to abide by the terms of their sign plans is in line with the intent of the ordinance. The development's existing freestanding sign is configured in such a way as to have a minimal impact on the intersections sight lines; whereas the proposed sign is an opaque ground low profile sign. The City's sign code prevents all signage within the 10-foot setback both to protect public safety by ensuring adequate visibility at intersections and minimize the visual impact of signs for pedestrians and motorists. Substituting an existing non -conforming use for new non- conforming use with a higher visual impact is not in line with intent of the ordinance. 5. The planning report, Planning Case #17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. The Chanhassen City Council denies the variance request to allow a wall sign along the east fagade of the building at 400-416 W 780' Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" ADOPTED by the Chanhassen City Council this 13th day of March, 2017. CITY OF CHANHASSEN BY: Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2017-03 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 a variance request to allow wall sign along the east facade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback. 2. Property. The variance is for properties situated in the City of Chanhassen, Carver County, Minnesota, and legally described as: a. Lot 1, Block 1, Chadda 2°d Addition b. Lot 3, Block 1, Chadda 2°d Addition 3. Condition. The variance approval is subject to the following conditions: a) The applicant must apply for and receive the required sign permits from the City. b) The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. c) The wall sign on the east facade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. d) The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). e) The ground low profile sign may not be located within the sight distance triangle depicted in attached site plan. f) If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. 4. Lanse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 13, 2017 CITY OF CHANHASSEN ` a (SEAL) STATE OF MINNESOTA ) (as COUNTY OF CARVER ) Denny Laufenburger, Mayor Todd Gerhardt, City Manager 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 CITY OF CHANHASSEN Chanhassen is a Community for Life- Providing for Today and Planning forTomorrow March 14, 2017 Vemelle Clayton VClayton & Associates PO Box 404 Chanhassen, MN 55317 Re: Ground Low Profile and East Fagade Sign Variance for 400-416 West 78`s St Dear Ms. Clayton This letter is to formally notify you that on March 13, 2017, the Chanhassen City Council voted to approve the following motion: "The Chanhassen City Council approves the variance request to allow a wall sign along the east facade of the building at 400-416 West 780' Street, and a monument sign located within the parking lot's 10-foot setback, subject to the conditions of approval and adopts the attached findings of fact: 1. The applicant must apply for and receive the required sign permits from the city. 2. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the City Code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. The variance is valid for one year from the approval date. A sign permit must be applied for prior to March 13, 2018 through the city's planning department. If you have any questions, please contact me at 952-227-1132 or by email at mwalterst7a ci.chanhassen.mn.us. PH%2.227.11oo • www.ci.chanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 J Sincerely, MacKenzie Walters Assistant Planner Enclosure c: Sign Permit File GAPLAN\2017 Planning Cases\17-03 Colonial Square Sign Variance\ Mff of Approval 17-03.doc uI il-_%jj8,I 1H sNIV'ld 'DAMS 844JO `AaS 041JO autl . r 44 W•091 i� 3n°�1rJS�C►Z SNIvid' 60 I 1' W 1 1Yff 1JI w at f �. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2017-03 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February, 21 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to install a proposed monument sign near the parking lot and wall sign on East facade of the building located at 400-412 West 70th Street Lot 1, Block 1, Chadda 2nd Addition. Applicant\Owner. Colonial Square, LLC, vernelle Clayton. A plan showing the location of the proposal is available for public review on the city's web site at wwwci.chanhassen. mn.us/2017-03 or at City Hall during regular business hours. All interested persons are invited to attend this public bearing and express their opinions with respect to this proposal. MacKenzie Walters Email: mwaltersG ci.chanhassen.mn.us Phone: 952-227-1132 (Published in the Chanhassen Villager on Thursday, February 9 2017- No 4412) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herold and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz Laurie A. Hartmann Subscribed and sworn before me on this I day of _E017 JYMME JEANNE71 E BARK ?� NOTAAY PL'9UC - KNNESOTA No rblic WYCUMS"EPiNES01/31/'fl RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCAN;vZo CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON 11,11 t7� Application of Vemelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West 781" Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vernelle Clayton for a sign variance for the property located at 400-416 West 78`h Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the band Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2°d Addition Lot 3, Block 1, Chadda 2"d Addition 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: It is not uncommon for sign plans to limit the number of facades which may display signage in order to prevent clutter or mitigate a development's visual impact on adjacent land use; however, none of these factors apply to this case. The sign code permits business to have one wall sign on each building facade with street frontage. A business located at similar intersection with similar surrounding land uses would be allowed signage on both elevations. Granting a variance from the sign plan to allow for signage along the east elevation will allow the development to erect signage which complies with the City's sign ordinance. scANNso Due to the configuration of the existing parking lot it is not practical for the owner to erect a ground low profile sign without encroaching on the property's 10-foot setback. The existing pylon sign is an existing non -conforming use located in the City's right of way. By replacing it with ground low profile sign outside of the right of way and sight distance triangle the owner will significantly reduce the non -conformity. Reducing non -conformities and improving visibility at the intersection is in line with the intent of the City's sign ordinance. 5. The planning report, Planning Case #17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION Planning Commission recommends approval of the variance request to allow a wall sign along the east fagade of the building at 400-416 W 78"' Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" 2017. 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east fagade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. ADOPTED by the Chanhassen Planning Commission this 21 st day of February, CITY OF CHANHASSEN Y Chairman 2 k::C Ar r3 Y s : �rumlNDUS PAVEMENT 1-T6`�fir COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL CITY OF CHANHASSEN Agency Review Request Date: January 24,2017 Agency Review Response Deadline: February 19,2017 Date Application Filed: January 20,2017 Contact: Contact Phone: Contact Email: MacKenzie Walters 952-227-1132 mwalters@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: February 21, 2017 at 7:00 p.m. March 13, 2017 at 7:00 p.m. March 21, 2017 Application: Request for a Variance to install a proposed monument sign and wall sign on East faQade of the building located at 400-412 West 78th Street Lot 1, Block 1, Chadda 2nd Addition. A licant\Owner: Colonial Square, LLC, Vernelle Clayton. Planning Case: 2017-03 FWeb Page: www.ci.chanhassen.mn.us/2017-03 In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. Citv Deaartments: ❑ Attorney E Building Official E Engineer ® Fire Marshal ® Forester E Park Director E Water Resources ❑ Law Enforcement Federal Agencies: ❑ Army Corps of Engineers ❑ US Fish & Wildlife Watershed Districts: ❑ Carver County WMO ❑ Lower MN River ❑ Minnehaha Creek E Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ ❑ Community Development Engineer ❑ Cable TV — Mediacom ❑ Environmental Services ❑ Electric— Minnesota Valley ❑ Historical Society ❑ Electric —Xcel Energy ❑ Parks ❑ Magellan Pipeline El &Water Conservation District El Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink State Agencies: ❑ Board of Water & Soil Resources ❑ Health ❑ Historical Society ❑ Natural Resources -Forestry ❑ Natural Resources -Hydrology ❑ Pollution Control ❑ Transportation Adjacent Cities: Cl Chaska ❑ Eden Prairie ❑ Jackson Township ❑ Minnetonka ❑ Shorewood ❑ Victoria Adiacent Counties: ❑ Hennepin ❑ Scott School Districts: ❑ Eastern Carver County 112 ❑ Minnetonka 276 Other Agencies: ❑ Hennepin County Regional Railroad Authority ❑ MN Landscape Arboretum ❑ SouthWest Transit ❑ TC&W Railroad ownerSection 3: Property 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: 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: Contact Address: Phone: 9S,?-97.5--Ll�,IV City/State/Zip: C e? AM/ '5-S5/7 Cell: 9 - S 3 '7 D Email: Ile a ✓c /a 240 n . C6 M Fax: 61� Signature: Date: /�l6117 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: ® Property Owner Via: ® Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FOR" and deliver to city along with required documents and payment SUBMIT FORM to send a digital copy to the city for processing (required). LSAVE FORM - PRIMT FORM SUBMR FORM VCIaytonC"',-ASS0CI'ATES January 17, 2017 TO: MacKenzie Walters FROM: Vernelle Clayton 41 RE: Request for Sign Plan Review for Building Signage and Request for Variance in Connection With Replacing Monument Sign Both at Colonial Square, 400-412 W. 78`h Street, Chanhassen Enclosed in connection with the above -referenced requests are the following: 1. Completed Application for Development Review form. 2. Check in the total sum of $350.00. 3. Redlined copy of existing Exterior Building Sign Plan. 4. Building elevation drawing showing sign band for W 78`" Street elevation. 5. Building elevation photo with sign and dimensions superimposed for Great Plains elevation. 6. Scaled drawing of proposed monument sign and its location. 7. Copy of portion of Site Survey with location of proposed monument sign indicated. 8. Copy of Gopher State One Call report regarding utilities, etc., within existing easement. Please be sure to let me know if you have any questions or need any additional information. Real Estate Services • 551 W 78th St • PO Box 404 0 Chanhassen • MN 55317. 952.975.04" • vernelle@vclayton.com EXISTING: 3'-10° SIGN BAND TALL GRAPHIC DETAIL SCALE: 3/4' = T-D' CUSTOMER APPROVAL I I U;i[u NOTE: Elevation drawings are for customer approval only, drawings are not to be used as any installation guide, all dimensions must be verified before installation. Customer: Date: PrepareO By: Iktc �y ,q,pew, „ „yapsep,sy �ry«„�sa,eansi.meden+Omt DISTNIBUTED BY SIGN UP COMPANY DOMINO'S 12/07/16 IDV stlnouAadKv�as�anm+ mmm"s�� P /I'�� 7oo21ssveetso haves Location File Name: Eng: V f � O � V Watem O CHANHASSEN, MN 147682 - R6 - CHANHASSEN, MN SIGNS I LIGHTING I IMAGE wateaown,sDs72O per 1 8OO843www 9S8a � .personasigns,com Vernelle Clayton From: Michelle Trondson [MichelleT@sign-source.com] Sent: Wednesday, January 4, 2017 2:51 PM To: Vemelle Clayton Cc: Sharon Mathison Subject: Gopher One Info Hi Vernelle, Here is a copy of the Gopher One results. As you can see below it names the companies that checked the area and they were marked clear. This is the most current information on file. Let me know if you have any questions, Thank you, Michelle Trondson Customer Service Representative Sharon Mathison Project Manager Direct Phone - 952.908.9108 Email: sharonm(nlsien-source.com Sign Source, Inc. 7660 Quattro Drive Chanhassen, MN 55317 Ph. 952.908.9128 Fax: 952.908.9143 www.sign-source.com www.techniprint.net From: itic@occinc.com [mailto:itic(&occinc.com) Sent: Wednesday, January 04, 2017 2:48 PM To: Michelle Trondson <MichelleTna sign-source.com> Subject: Ticket-163500660 Email Address: [ Ticket No: Original Call Date: Work to Begin Date: Caller Information Company Name: Contact Name: Alt. Contact: Email Address: Gopher State One Call 163500660 12/15/16 05:36 pm 12/20/16 08:00 am SIGN SOURCE MICHELLE TRONDSON MICHELLE TRONDSON michelletAsign-source.com Fax Phone: Phone: Alt. Phone: NORMAL (952)908-9143 (952)908-9128 (952)908-9128 Dig Site Information Type of Work: SIGN INSTALLATION Work Being Done For: SIGN SOURCE, INC, CHANHASSEN Explosives: N Duration: 1 DAY R.O.W.: N HDD: N Dig Site Location County: CARVER Place: CHANHASSEN Address: 410 Street: W 78TH ST Intersecting Street: GREAT PLAINS BLVD Area Marked: N Job Number. Location of Work: PLEASE MARK THE GRASSY AREA AT THE SOUTH EAST CORNER OF THE LOT WITHIN 25FT WEST OF EXISTING SIGN, NEAR THE INTERSECTION OF THE SIDEWALK FOR A NEW GROUND SIGN. Remarks: WE WILL BE REPLACING THE EXISTING SIGN AND INSTALLING NEAR THE EXISTING LOCATION. Caller Twp: Rug: Map Twp: 116N Rug: 23 W Map Coord NW 44 8622795 Lon:-93.5312846 Lat: MEMBERS NOTIFIED: District CCHNSNOI CTLMNOI KMCTELOI MCICOLOI MINGAS05 MNDCBL01 XCEL05 Sect- Qtr: Sect- 13-NW-NE,12- Qtr: SW -SE SE 44 8621699 Lou: -93.5311300 Lat: Company Name CITY OF CHANHASSEN CENTURYLINK-CTLQL LIGHTCORE- A CENTURYLINK CO MCI CENTER POINT ENERGY MEDIACOM XCEL ENERGY Ticket Check Status Ticket Number: 163500660 As of 12/20/16 8:00 CST, participating facility owners have responded to Ticket Check as follows: Company Name Facility Types Status CITY OF CHANHASSEN CCHNSN01 S,TS,W Marked CENTURYLINK -CTLQL TEL Marked -CTLMN01 Time Comments 12/19/16 10:55 AM 12/19/16 2:59 PM 2 LIGHTCORE- A CENTURYLINK CO - FO,TEL Not yet 1212 /15/76 5:49 KMCTEL01 responded PM MCI MCICOL01 FO 15/16 5:53 Clear/No conflict PM CENTER POINT ENERGY G Clear/No conflict 12/16/16 8.17 - AUNGAS05 AM MEDIACOM - MNDCBL01 12/19/16 2:59 TV Marked PM XCEL ENERGY - XCEL05 12/19/16 2:59 E G Marked PM The following is the guide to the facility codes E - Electric FO - Fiber Optic G - Gas 0 - Other S - Sewer SD - Storm Drain SL - Street Lighting SS - Storm Sewer STM - Steam Tel - Telephone TS - Traffic Signal TV - Television W - Water To review this ticket, see the full status history and future status updates visit Search and Status on www.managetickets.com. Ticket Information NEW Ticket No: 163500660 Old Ticket: By: webusr9 Source: Type: NORMAL Date: Company Information Company: SIGN SOURCE Type: Address: 7660 QUATTRO DRIVE CHANHASSEN, MN 55317 Caller: MICHELLE TRONDSON Phone: Contact: MICHELLE TRONDSON Phone: Company Phone: (763) 568-6116 Comany Fax: Email Address: michellet@sian-source.com Work Information State: MN Work Date: County: CARVER Work Being Done For: Place: CHANHASSEN Street: 410 W 78TH ST Intersection: GREAT PLAINS BLVD Type of Work: SIGN INSTALLATION Explosives: N Tunnel/Bore: R.O.W.: N Duration: WEB 12/15/2016 5:36 PM CONTRACTOR (952)908-9128 (952) 908-9128 (952)908-9143 12/20/2016 8:00 AM SIGN SOURCE, INC, CHANHASSEN N 1 DAY 3 Area Marked: No Remarks Information Location of Work: PLEASE MARK THE GRASSY AREA AT THE SOUTH EAST CORNER OF THE LOT WITHIN 25FT WEST OF EXISTING SIGN, NEAR THE INTERSECTION OF THE SIDEWALK FOR A NEW GROUND SIGN. WE WILL BE REPLACING THE EXISTING SIGN AND INSTALLING NEAR THE EXISTING LOCATION. Link To Mao LINK for CESTATUS Location Number of Excavation Locations: 1 Loc 1: NW Lat: 44.8622795 Lon:-93.5312846 T 116N R 23W S 13 Q NW T 116N R 23W S 13 Q NE T 116N R 23W S 12 Q SE SE Lat: 44.8621699 Lon:-93.5311300 T 116N R 23W S 12 Q SW 4 COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN Alai rel eUaxt •(Pfk plrh) to vploaG---A A. All signs require a separate sign permit. B. No sign permits shall be issued by the City unless the application c approval of the building owner. toW sign area pr-eAeusly appFeved, together mith the aFea te be used by C. Wall signs are permitted on the street from es of the building only and within the designated building sign band only, provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A consists of a 36" high area centered within a 45" high area depicted on the attached elevation drawings featiffle of the building. with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. 1. The total of all wall signage shall comply with the City's sign ordinance for the Central Business District for determination of maximum sign area; Square BtWding ef224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked, provided the letters and logos comply with the criteria set forth below. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building, provided they comply with the criteria set forth below and shall have individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos (concave, convex, projected or indented b. If the sign is illuminated, individual letters and logos may be made of any of the following: i. Exposed neon/fiber optic ii. Open channel with exposed neon iii. Channel letters (halo lighted) or iv. Reverse channel letters (halo lighted). The sign may not be externally illuminated by separate lighting source 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are Property Card Parcel ID Number 251730010 Taxpayer Information I COLONIAL SQUARE LLC C/O KENNETH TALLE 470 78TH ST W STE 260 CHANHASSEN, MN 55317-4540 Property Address Address 406 78TH ST W City CHANHASSEN, MN 55317 Parcel Information Uses Commercial GIS Acres 0.48 Net Acres Deeded Acres Plat CHADDA 2ND ADDITION Lot 001 Block 001 Tax Description Building Information Building Style Garage N Bedrooms Year Built Miscellaneous Information School District 0112 Watershed District WS 064 RILEY PURG BLUFF Homestead N Green Acres N Ag Preserve N Assessor Information Estimated Market Value 2015 Values (Payable 2016) 2016 Values (Payable 2017) Last Sale Land $327,100.00 $327,100.00 Date of Sale 06/02/1998 Building $448,200.00 $552,000.00 Sale Value $650,000.00 Total $775,300.00 $879,100.00 raThe data provided herewET, is for reference purposes only. This data is not suitable far local. 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 glness 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 Caner County shall not be liable for any damages.. and by using this date in any way expressly waives all claims, and agrees to defers. indemnify, and hold harmless Carver County, its officials. officers, agents, employees, etc. from any and all claims brought by anyone who uses fine information provided for herein, its employees or agents, or CARVER 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 of any part of it lo another party unless the user includes COUNTY will, the data a copy of this disclaimer. Tuesday, January 24, 2017 Carver County, MN COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OF CHANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: %0 -} PC Date: 2I � CC Date:' 60-Day Review Date: Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Create 3 lots or less........................................$300 El Create over 3 lots .........•••"lots $600 + $15 per lot El Conditional Use Permit (CUP) ) ElSingle-FamilyResidence................................ $325 El metes & Bounds (2 lots) .................................. $300 ❑ All Others ................................................ ......... $425 ❑ Consolidate Lots ....... ....................................... $150 El Interim Use Permit (IUP) El Lot Line Adjustment.........................................$150 ❑ Final Plat ❑ In conjunction with Single -Family Residence.. $325 ..........................................................$700 (Includes $450 escrow for attorney costs)' ❑ All Others......................................................... $425 'Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD................. $100 (Additional recording fees may apply) ❑ All Others......................................................... $500 © Variance (VAR) ....................................................$200 ® Sign Plan Review...................................................$150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence ............................... $150 ❑ Administrative.................................................. $100 ❑ All Others....................................................... $275 ❑ Commercial/Industrial Districts* ...................... $500 ❑ Zoning Appeal $100 Plus $10 per 1,000 square feet of building area: ...................................................... (thousand square feet) 'Include ❑ Zoning Ordinance Amendment (ZOA)................. $500 number of existing employees: 'Include number of new employees: ❑Residential Districts ......................................... $500 NOTE: 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) .................................. .... $200 ❑ Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address addresses) ❑ Escrow for Recording Documents (check all that apply) ......................................... ....... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: 16L' -`//a L✓, SL CA csnljc�h /(iN Parcel #: Total Acreage: Present Zoning: Select One Legal Description: Wetlands Present? ❑ Yes ❑ No C43 /) Requested Zoning: Select One Present Land Use Designation: Select One /jj Requested Land Use Designation: Select One Existing Use of Property: CC, A �,-C r d1 ❑ 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: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: 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: a/ '4�% Contact: eJ7Lf/1'(; L;lj�g 7t-11 Address: Phone: 957-97,,5 -L'1111s1 City/State/Zip: /�a�ossei?, MSC 55:3/7 Cell: ��/--A -3E9 S 370 Email: r /E C-6x Ap n . Fax: 6�1 Signature: Date: i h61/7 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: ® Property Owner Via: Z Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: []Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORK 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 SUBMR FORM CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 O1/24/2017 12:00 PM Receipt No. 00337743 CLERK: AshleyM PAYEE: Colonial Square Thies & Talle Management 470 W 78th Street Ste 260 Chanhassen MN 55318- ------------------------------------------------------- variance 200.00 Sign Rent 200.00 Recording Fees 50.00 GIS List 69.00 Overpayment -Refund 50.00 Total 569.00 Cash 0.00 Check 3886 350.00 Check 3888 219.00 Change 0.00 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2017-03 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February, 21 at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to install a proposed monument sign and wall sign on East facade of the building located at 400- 412 West 78 h Street Lot 1, Block 1, Chadda 2nd Addition. Applicant\Owner: Colonial Square, LLC, Vemelle Clayton. A plan showing the location of the proposal is available for public review on the city's web site at www.ci.chanhassen.mn.us/2017-03 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. MacKenzie Walters Email: mwaltersaci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on February 9, 2017) permitted provided they are confined within the sign band and do not occupy more than 15% of the individual tenant's sign unless the logos is the sign. D. Miscellaneous signage: 1. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. C. All hanging signs shall be stationary and may not be self - illuminated or externally illuminated. d. Hanging signs shall be limited to one per tenant. e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk f. If metal materials are used, they shall be of non -corrosive and non -oxidizing materials If wood materials are used, they shall at all times be maintained in like -new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit, unlit, stationary or moving are permitted but shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barbershop poles shall not exceed 2 for the entire building. 3. Window signs are permitted provide they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk issued 4. Flags and banners are permitted on standards attached to the building face provided they are constructed of fabric materials, provided they do not contain advertising for specific tenants, provided they project from the building a maximum of 2 feet, provided they are a maximum of 10 square feet, and provided they are kept in good condition. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 CITY OFCHMSEN APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: %0 J PC Date: 2 I �" CC Date: 3 T 60.Day Review Date: 3 I Z I J Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Create 3 lots or less........................................$300 ❑ Conditional Use Permit (CUP) ❑ Create over 3 lots.. ............lots...$600 + $15 per lot ❑ Single -Family Residence ................................ ❑ All Others $325 ( lots) ❑ Metes &Bounds(21ots)..................................$300 ......................................................... $425 ❑ Consolidate Lots .............................................. $150 ❑ Interim Use Permit (]UP) ❑ Lot Line Adjustment ............... I ......................... $150 ❑ In conjunction with Single Family Residence.. $325 El Final Plat..........................................................$700 ❑ All Others......................................................... $425 (Includes $450 escrow for attorney costs)` Additional escrow may be required for other applications ❑ Rezoning (REZ) through the development contract. ❑ Planned Unit Development (PUD) .................. $750 ❑ Vacation of Easements/Right-of-way (VAC)........ $300 ❑ Minor Amendment to existing PUD................. $100 (Additional recording fees may apply) ❑ All Others......................................................... $500 ® Variance (VAR) .................................................... $200 ® Sign Plan Review ................................................... $150 ❑ Wetland Alteration Permit (WAP) ❑ Site Plan Review (SPR) ❑ Single -Family Residence ............................... $150 ❑ Administrative..................................................$100 ❑ All Others ....................................................... $275 ❑ CommerciaUlndustrial Districts' ...................... $500 Plus $10 per 1,000 square feet of building area: ❑ Zoning Appeal ...................................................... $100 thousand square feet) Include number of existing employees: ❑ Zoning Ordinance Amendment (ZOA)................. $500 Include number of new employees: El Residential Districts ......................................... $ NOTE: When multiple applications are processed concurrently,500 Plus $5 per dwelling unit (_ units) the appropriate fee shall be charged for each application. Notification Sign (City to install and remove) .. $200 Property Owners' List within 500' (City to generate after pre -application meeting) .................................................. $3 per address � addresses) Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ® Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 does.) ❑ Easements easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: h Parcel #: Z 5-1 --7SO"I U 7 2:,,1 A(iit)a, Lae I. 13 Total Acreage: -1Y + 4 ' SY Wetlands Present? ❑ Yes ® No Present Zoning: Select One C43 p Requested Zoning: Select One Present Land Use Designation: Select One AIA Requested Land Use Designation: Select One /,,//Y. Existing Use of Property: Cum m e -C i ❑ Check box is separate narrative is attached. CITY OF CHANHASSEN ow PROPOSED MOTION: PC DATE: March 7, 2017 CC DATE: March 27, 2017 REVIEW DEADLINE: February 24, 2017 CASE #: 2017-05 BY: MW, TJ "The Chanhassen Board of Appeals and Adjustments approves a partial variance request to allow hardcover to exceed 25 percent by 3.5 percent, 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: The property owner has stated that the property had 4,223 square feet (28.5 percent) of preexisting hardcover when they purchased it in 2016. Based on the survey on file in the building department staff believes the property initially had 4,029 square feet (27.2 percent) of hardcover at the time of purchase. After purchase the property owner redid the front sidewalk, driveway, pool area, and added a sidewalk along the south side of the house. This resulted in the property having 4,525 square feet of hardcover (30.5 percent). The property owner is requesting a variance allowing for 30.5 percent hardcover (4,525 square feet). LOCATION: APPLICANT: 1392 Ithilien (PH) 253640100) Amber Pass 1392 Ithilien Excelsior, MN 55331 PRESENT ZONING: RSF 2030 LAND USE PLAN: Residential Low Density ACREAGE: .34 acres 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. Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 2 of 11 PROPOSAL/SUMMARY The property owner is requesting a variance to allow for the property to have 30.5 percent hardcover (4,525 square feet). After purchasing the house in June of 2016 the applicant discovered that the property had numerous drainage issues and that water routinely seeped into the home's basement. To address these issues that applicant preformed grading work in the rear and side yard and installed a dry creek bed in the rear yard. As part of their efforts to steer water away from the house and towards the rear yard the applicant installed a 270 square -foot sidewalk along the south side of the house. Pouring the sidewalk required the removal of 4-foot by 4-foot concrete pad, resulting in a net increase of 254 square feet of hardcover. In addition to the new sidewalk, the applicant also replaced and expanded the pool patio. It is unclear exactly how much hardcover was added to the rear yard's patio areas. The front sidewalk and driveway were also replaced. As part of the landscaping work associated with the project, the applicant states that they removed approximately 780 square feet of non -porous polyurethane from the property's landscaping beds. The applicant believes that the sidewalk installed along the side of the home is integral to resolving the property's water issues and requests that a variance be granted to allow them to keep the additional hardcover. APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 7, Article III, Excavating, Mining, Filling and Grading Section 7-32. Permit required Chapter 20, Article II, Division 3, Variances Chapter 20, Article II, Division 4, Nonconforming Uses Chapter 20, Article II, Division 5, Building Permits, Certificates of Occupancy, Etc. Section 20-91. Zoning Permit Chapter 20, Article JCI. "RSF" Single-family residential district Section 20-615. Lot requirements and setbacks. BACKGROUND On March 2, 1993 the City of Chanhassen approved a permit for the construction of a single family home with an attached garage. On June 18, 1997 the City of Chanhassen approved a permit for the construction a 120 square foot deck. On August 9, 1997 the City of Chanhassen approved a permit for the constriction of a 512 square foot pool and a pool fence. Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 3 of 11 On September 19, 2006 the City of Chanhassen approved a zoning permit for grading work to create side and rear yard alleyways and the installation of drain rile to direct water away from the house and pool. Included with permit application is a survey at 1 inch to 20 feet scale. On June 24, 2016, Amber Pass purchased the home at 1392 Ithilien. Timeline of Variance Reauest On October 28, 2016, Building Inspector Tessman discovered that construction was occurring at 1392 Ithilien requiring the following permits: 1) Plumbing Permit for kitchen remodel; 2) Siding Permit; 3) Zoning Permit for new concrete around pool, rear patio, and walkway along the side of the house. A stop work order was issued. On October 28, 2016, Building Inspector Tessman, Project Engineer Smith, and Assistant Planner Walters met with the homeowners to discuss the work that was in progress on the property. Building Inspector Tessman informed them that they would need permits for the plumbing and siding work which were subsequently applied for and issued. Project Engineer Smith informed them that they would need a grading permit due to the amount of soil they planned to move on the property. Project Engineer Smith also informed them that they would need a Driveway Replacement permit for the proposed resurfacing of their driveway. Assistant Planner Walters informed them that they would need to file zoning permits for the patio and sidewalk, and warned them that they may have exceeded their property's hardcover limit. On October 31, 2016, Assistant Planner Walters spoke with Mr. Pass and explained the city's hardcover ordinance, and requested the applicant provide him with information about what had been added to the property. On November 2, 2016 Engineering Technician Ferraro and Assistant Planner Walters met with Mr. Pass to discuss the required grading and zoning permits. At this time Assistant Planner Walters estimated that the property had 4,076 square feet (27.5%) hardcover and he requested that the homeowners verify the amount of preexisting hardcover on the property and indicated that the property's hardcover limit would be established by the highest percentage that the city had permitted. Engineering Technician Ferraro conducted a site visit with Mr. Pass to examine the proposed grading. Both advised Mr. Pass not to pour the new driveway until he knew how much hardcover had been added to the property. Assistant Planner Walters agreed that since the patio and sidewalk had already been installed, the applicant could complete the grading work before submitting a zoning permit and addressing the hardcover issues. On November 3, 2016, the homeowners applied for a grading permit which was subsequently approved. (See attached letter from Engineering Technician Ferraro for his observations while inspecting the grading work). On November 30, 2016, Assistant Planner Walters spoke with Mr. Pass about the need to address the property's hardcover issues. Mr. Pass expressed frustration with the process and requested Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 4 of 11 more time. Assistant Planner Walters requested that a zoning permit or plan to address the issue be submitted by December 21, 2017. On December 12, 2016, Mr. Pass informed Assistant Planner Walters that they would request a variance. Assistant Planner Walters requested that they set up a time to meet with him to go over the variance process. On January 9, 2017, Assistant Planner Walters contacted Mr. Pass to verify that he still intended to move forward with a variance request. Assistant Planner Walters was informed that they were and they would contact him by end of the following week. On January 20, 2017, Assistant Planner Walters contacted Mr. Pass to remind him that they needed to meet to go through the variance process. Mr. Pass informed him that Ms. Pass would set up a meeting. On January 23, 2017, Assistant Planner Walters sent Mr. and Ms. Pass a letter formally notifying them that they were required to start the variance process or apply for zoning permit no later than February 1, 2017. On January 24, 2017, Ms. Pass contacted Assistant Planner Walters and scheduled the requested meeting. On January 25, 2017, Mr. and Ms. Pass met with Assistant Planner Walters. Assistant Planner Walters indicated that he believed most of the installed improvements could be retained if the section of sidewalk along the garage was removed, the driveway turnaround was constructed of river rock, and a portion of the expanded pool patio was removed. They informed him that a new driveway had already been poured and that they preferred to seek a variance. Assistant Planner Walters asked if they had obtained a driveway permit and was informed that they had not, and he requested that they apply for one. On January 25, 2017, Mr. Pass contacted Assistant Planner Walters and requested that he provide them with aerials showing the preexisting driveway's hardcover, as aerial measurements are subject to inaccuracies. Assistant Planner Walters provided three different photos and his estimates for their hardcover totals, but reminded Mr. Pass that there was a survey on file from 2006 and that staff considered it to be definitive. On January 27, 2017, Ms. Pass submitted a variance application and driveway permit application for the February 3, 2017 application deadline. On February 10, 2017, staff was informed that the sign announcing the variance had been removed from the property. Subsequent conversations with Ms. Pass revealed that it has been backed into and that it was being repaired. Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 5 of 11 On February 15, 2017, Assistant Planner Walters contacted Ms. Pass to inform her that he wanted to visit the site on February 17, 2017 to take pictures of the work that had been completed on the property. SITE CONDITIONS The property is zoned Single -Family Residential. This zoning district requires lots to be a minimum of 15,000 square feet, have front and rear yard setbacks of 30 feet, side yard setbacks of 10 feet, and limits hardcover to a maximum of 25 percent of lot area. The lot is 14,810 square feet and due to recent improvements currently has 4,525.86 square feet of impervious surface resulting in 30.5 percent lot coverage. Permits approved by the City of Chanhassen indicate that as of September 19, 2006 the property had approximately 4,029 square feet of hardcover, resulting in 27.2 percent lot coverage. Historical aerial photographs show no noticeable increase in hardcover between 2006 and the time aerials were taken in 2016. The existing house and improvements meet all other relevant provisions of the city code and the approved preexisting hardcover is considered a nonconforming use. Ithilien Subdivision: The houses in this subdivision are mostly located on .34 to .40 acre lots and the house located at 1392 Ithilien appears to be comparable to the other similarly situated lots. The subdivision does have several noticeably larger lots; however, those lots border the development's storm pond and most of their additional lot area is unusable. Variances within 500 feet: No variances were found within 500 feet. ANALYSIS Drainage The property owner has indicated that the steep slope of the hill to the south of the property causes large amounts of runoff from the neighboring properties to pool alongside the house and in their backyard. This leads to standing water in the basement and a flooded rear yard. The applicant reduced the slope of the hill and installed the concrete walkway to help direct the runoff away from the Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 6 of 11 house and towards swale and dry creek bed that they installed. Upon being informed of the need for a grading permit the homeowners applied for one and completed the scope of work outlined by the permit. Staff believes that the portion of the sidewalk extending from the garage service door to the back yard may help alleviate the homeowner's drainage problems. Staff recommends that the applicant's request for the 195 square feet of hardcover corresponding to this section of sidewalk be approved. The property's history of drainage issues is evidenced by the fact that a previous home owner installed drain file and graded the property to create alleyways to convey water away from the house. The permit for this work was issued in September of 2006 and it is possible that the improvements made at that time did not fully alleviate the property's water issues. Staff is concerned that by placing concrete over the alleyway that had been graded into the area between the house and pool the applicant may cause increased runoff to be diverted to the property to the north. Staff does not believe that a variance for increased hardcover in this area is justified by drainage Hardcover One of the main reasons that the city requires zoning permits for the installation of sidewalks and patios and driveway permits for the installation of driveways is preventing properties from exceeding their hardcover limits. The city generally limits residential hardcover to 25 percent in order to help facilitate stormwater management. Strom sewers are designed to handle a fixed amount of runoff generated by impervious surfaces and incremental increases can add up to exceed the system's capacity and cause downstream issues. Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 7 of I 1 In the case of 1392 Ithilien, the apron installed along with approved pool in August of 1997 caused the property to exceed the RSF District's 25 percent hardcover limit. When staff first met with the applicants on November 2, 2016, staff used aerial photos to estimate that the property had approximately 4,076 square feet of approved hardcover corresponding to 27.5 percent lot coverage. Staff suggested that the homeowners should provide staff with the dimensions of the pre-existing driveway, other hardcover, and show what had been altered to assist staff in refining this estimate and determining what improvements had been made to the property. Staff indicated that in the absence of other evidence, the hardcover depicted in the survey associated with the September, 2006 zoning permit would be used to establish the preexisting lot coverage. Staff calculations from this survey place the property's hardcover at 4,028.97 square feet, 27.2 percent lot coverage. 1392 Ithlien Hardcover Table square feet Current Preexisting Preexisting hard Requested Recommended RSF Limit (applicant) (staff) coverage Variance Variance 3,702.50 4,223* 4028.97 4,525 4,525 4,224 *Applicant states that there was an additional 780 square feet of impervious polyurethane which was removed and replaced by with porous landscape fabric (discussed below). The city considers the amount of hardcover shown on a property's most recently approved zoning or building permit to establish the amount of hardcover that is considered to be a nonconforming use. In situations where there is no survey, significant alterations have been made to the property since the most recent survey, or the survey is of insufficient quality to determine lot coverage, staff uses historical aerial photos of the property to determine what portion of the property's hardcover is a nonconforming use. Property owners are allowed to repair and replace existing nonconforming uses but may not expand an existing nonconformity. Comparing aerial photos from 2005 and 2016 to the survey from 2006 staff has been able to detemilne that the amount of hardcover on the property did not change from 2005 to the time the aerial photo was taken 2016. Since the 2016 aerial photo was taken before the homeowner increased the property's hardcover, staff cannot use it to detemmne what has been added to the property. Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 8 of 11 The applicant has stated that 780 square feet of non -porous polyurethane, which meets the city's definition for impervious material, was present on the property and replaced as part of the landscaping renovations. This material is not depicted on either the 2006 survey or the permits associated with the property's pool and deck. Since the city was unaware of this material, if present, at the time the 2006 zoning permit was issued, the city does not consider it to be a nonconforming use. No permit was issued for it, and the applied for 2006 zoning permit was approved based on the Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 9 of 11 The applicant did not apply for either a zoning permit or a driveway permit with the City of Chanhassen before installing expanded patio areas in the rear yard, pouring the new sidewalk, or replacing the driveway. In the case of the driveway, staff advised the applicant on October 28, 2016 that a driveway permit would be needed, and recommended that the applicant not pour a new driveway until they knew if the increased sidewalk and patio area had caused the property to exceed its hardcover limit. During their meeting with Assistant Planner Walters on January 25, 2017, the applicants informed Assistant Planner Walters that a new driveway had been installed and that no permit had been filed. As part of the hardcover variance application the homeowners submitted an aerial photo of their property and wrote in where they replaced and/or added additional hardcover to the property. The homeowner indicated that the driveway and pool patio had been resurfaced and replaced at their preexisting dimensions, and that the only expanded hardcover was the 254 square feet of new sidewalk along the south side of the house and garage. They also submitted a hardcover calculation worksheet indicating that the property's current hardcover is During site inspections associated with the grading permit issued in November 2016, Engineering Technician Ferraro observed that the size and dimensions of the property's rear pool area did not appear to correspond to historic aerial photos of the property. A site visit performed by Assistant Planner Walters for the purpose of taking photographs for this report confirmed that the rear patio area has been expanded. Staff estimates that the rear yard's pool and patio area was expanded by approximately 200 square feet. 4,525.86 square feet. RyidtyKIV ISS4'YS'-ZID SA Fr r' +' Rf�n+ourd �xlsi�ly� 4'X4 Fla to instal%N fi`; • iti c slkw ' Iv rovements tent Snb.MU, ,. 7. t LL. s * OF FM Imo...... J Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 10 of 11 Unlike the sidewalk on the south side of the property, the expanded pool patio area does not help manage runoff generated by the steep hill south of the property. This additional hard cover is an expansion of the property's existing nonconforming use and has the potential to increase the amount of stormwater runoff that reaches the property to the north. For these reasons staff recommends that the portion of the hardcover increase variance associated with this patio not be approved. The property located at 1392 Ithilien had numerous water issues resulting from the large amount of runoff generated by the steep hill south of the property. The property owners performed extensive grading and landscaping work to address these issues. A 270 square foot sidewalk was installed along the southern edge of the house to help divert water, resulting in a 254 square foot increase in the property's lot coverage. The property owner also replaced the driveway and replaced and expanded the rear yard patio area. It is not clear how much these improvements increased the property's hardcover. Staff believes that the property initially had 4,028.97 square feet of hard cover, based on historic aerial photos and a 2006 survey. The applicant has stated that the property initially had 4,223 square feet of hardcover and that it now has 4,525.86 square feet of hardcover, an increase of approximately 302 square feet. Staff believes that the portion of the sidewalk from the garage service door to the rear patio may help to address the property's drainage issues; however, staff is concerned that the additional patio square footage installed in the rear yard may exacerbate the neighborhood's existing stormwater issues. Hardcover variances are granted to the extent needed to address a practical difficulty. The applicant could address the practical difficulty caused by the property's stormwater issues through the completed grading activities and 195 square feet of the new sidewalk. In this scenario the applicant would need to remove the portions of the rear yard patio area which was expanded without a zoning permit. RECOMMENDATION Staff recommends that the Planning Commission approve a partial variance to exceed allowed hardcover by 3.5 percent, and adopt the attached Finding of Fact and Decision. The approved hardcover variance is subject to the following conditions: 1. The property's hardcover is not to exceed 28.5 percent (4,224 square feet). 2. The applicant must submit a registered land survey showing that the property's hardcover does not exceed 4,224 square feet. Planning Commission 1392 Ithilien — Variance March 7, 2017 Page 11 of 11 3. The applicant must apply for and receive a zoning permit. Should the Planning Commission deny the variance request to exceed allowed hardcover, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hardcover to exceed 25 percent by 5.5 percent, 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. Driveway Permit Application 5. Application for Earthwork Permit 6. Stop Work Order 7. Code Enforcement Letter (1-23-2017) 8. Email from Project Engineer Smith (2-24-2017) 9. Email from Engineering Technician Ferraro (2-10-2017) 10. StaffHC Calculations 11. Staff proposed HC reductions 12. Variance 13. Public Hearing Notice Mailing List 14. Comments from Neighbor G:\PLAN\2017 Planning Cases\17-05 1392 Ithilien - Variance\PC Staff report 1392 Ithilien doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) III :9 Application of Amber Pass for variance to allow hardcover to exceed 25 percent by 5.5 percent on a property zoned Single Family Residential District (RSF)-Planning Case 2017-05 On March 7, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 10, Block 1, Ithilien 4. Variance Findines —Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to address issues with standing water in the basement of the house and rear yard. The district's coverage requirements are designed to help manage the stormwater generated by residential districts. The constructed sidewalk and associated grading will help address the existing stormwater issues on the property by directing runoff from the property's southern neighbors away from the house and into the constructed dry creek bed, and is therefore in harmony with purpose and intent of the Chapter. The expanded rear yard patio area is not necessitated by the property's stormwater issues, and is expected to contribute to increased runoff flowing from this property to neighboring properties to the north. This expanded patio area is not in harmony with the purpose and intent of the Chapter. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The property is a nonconforming use with hardcover in excess of 25 percent. It would not be possible for the homeowner to construct the sidewalk along the south side of building to address the parcel's stromwater issues without increasing the existing nonconformity. The parcel's stormwater issues constitute a practical difficulty in using the home's basement and rear yard for typical residential activities. Variances should be granted to the extent required to mitigate the practical difficulty. In this case the sidewalk along the south side of the property from the garage service door to the rear patio and associated grading is justified by the property's stormwater issues, but the expanded rear yard patio is not. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the sidewalk variation is predominately based on the applicant's desire to remedy the property's stormwater issues. The desire for additional hardcover to allow the applicant to keep the expanded rear yard patio is based on the applicant's desire to avoid the expenses associated with removing the already installed hardcover. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The steep slope that borders the property's southern lot line generates large amounts of runoff which causes water issues in the house's basement and rear yard. This topographic feature is unique to the property and the southern sidewalk is part of the homeowner's attempt to mitigate the issues caused by this feature. The increased hardcover caused by expended rear patio is the result of the homeowner not applying for a zoning permit, and the difficulties associated with this portion of the variance were created by the landowner. e. The variance, if granted, will not alter the essential character of the locality. Finding: The recommended 195 square foot increase of the existing nonconforming use will not alter essential character of the neighborhood. £ Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2017-05, dated March 7, 2017, prepared by MacKenzie Walters, is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves a partial variance to exceed allowed hardcover by 3.5 percent, and adopt the attached Finding of Fact and Decision. The approved hardcover variance is subject to the following conditions:" 1. The property's hardcover is not to exceed 28.5 percent (4,224 square feet). 2. The applicant must submit a registered land survey showing that the property's hardcover does not exceed 4,224 square feet. 3. The applicant must apply for and receive a zoning permit. ADOPTED by the Chanhassen Planning Commission this 7"' day of March, 2017 CITY OF CHANHASSEN M Chairman 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Amber Pass for variance to allow hardcover to exceed 25 percent by 5.5 percent on a property zoned Single Family Residential District (RSF)-Planning Case 2017-05 On March 7, 2017, the Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Board of Appeals and Adjustments makes the following: FINDINGS OF FACT 1. The property is currently zoned Single -Family Residential District (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description of the property is: Lot 2, Block 2, Lake Harrison 4. Variance Finding— Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The subject site is zoned Single -Family Residential District. The purpose of the request is to address issues with standing water in the basement of the house and rear yard. The district's coverage requirements are designed to help manage the stormwater generated by residential districts. The grading work completed by the applicant will adequately address the stormwater issues, and increasing the property's hardcover is likely to exacerbate the existing drainage issues. Additionally, the hardcover limits are designed to ensure a minimum amount of green/open space in residential neighborhoods and allowing properties to install hardcover over these limits is not in line with the intent of the district. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The homeowner could have done the grading work required to address the property's drainage issues without increasing the property's hardcover. If this had been done the property would not require a variance for an increased hardcover limit percentage. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is to avoid the expenses associated with removed the hardcover that was installed without a permit. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: Had the landowner applied for the appropriate permits they would have been informed of the property's hardcover issues and would not require a variance. The property's drainage issues could have been resolved without the installation of additional hardcover. e. The variance, if granted, will not alter the essential character of the locality. Finding: Allow properties to exceed the Residential Single Family District's hardcover limit reduces the amount of green/open space and establishes a precedent for higher ratios of lot coverage. The cumulative impact of these variances can alter the character of residential neighborhoods. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 5. The planning report #2017-05, dated March 7, 2017, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hardcover to exceed 25 percent by 5.5 percent." ADOPTED by the Chanhassen Planning Commission this 7' day of March, 2017. CITY OF CHANHASSEN Ra Chairman 17-0 6 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHONSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICAT N FOR DEVELOPMENT b^{ REVIEW C �J Jq ► Submittal Date: PC Date:3 114 CC Date: *' T 1 T 60-Day Review Date: / /T (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence................................$325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD................. $100 ❑ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative..................................................$100 ❑ Commercial/Industrial Districts.......................$500 Plus $10 per 1,000 square feet of building area: thousand square feet) 'Include number of existing employees: Include number of new employees. ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit (_ units) ❑ Subdivision (SUB) ❑ Create 3 lots or less........................................$300 ❑ Create over 3 lots .......................$600 + $15 per lot ( lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots .......................................... .... $150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 (Includes $450 escrow for attorney costs)' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ® Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Notification Sign (City to install and remove)...................................................................................................................... $200 QProperty Owners' List within 500' (city to generate after pre -application meeting) .................................................. $3 per address addresses) ❑ Escrow for Recording Documents (check all that apply)....................................................................... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation Z Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_ easements) TOTAL FEE: QVULNUU C[ MUL1UIICC Description of Proposal: Property Address or Location: c . Parcel #: Z ' 3 6 ti -W Legal Description: Total Acreage: Wetlands Present? ❑ Yes ❑ No Present Zoning: Select One P f r Requested Zoning: Select One PFt Present Land Use Designation: Select One L:. ,l4,eu„7 Pe; Requested Land Use Designation: Select OneAlA Existing Use of Property: 5,r41z- 4 4m,;ly ❑ 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 authorizationtoproceed with the study. I certify that the information and exhibits submitted are true and correct. Name: n �2�I-XI Contact: A)/" 1' R1� _91,2b Address:19 I -I V 1I j Phone: 0[I5Z-2Zd"LD0Lt,"1 City/State/Zip:) S1 ; M K 5601 Cell: 052- 20D —1 Q oQD1 e 1 Email: I t I WL& Fax: O Signature: 1 'l 1r��1���L 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 thQ e information and exhibits submitted are true and correct. Y lV�ify I 101 Name: _ J IY A ,� ContadrAWVXV—-trio; Address: IIIC4/N Phone: OF) � 2"200—I (p City/State/Zip: GC ( A 45:11, VM N1 / n Cell: 0LGJ%i 7M ^ 11li y 1 EmaiLtd Kln�+ y1� Fax: O4 _ -f�11 Signature: W_ Y�l.(lr,� Date: 1 1 Z-71 1-t 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. PROJ NGINEER ('rf applicable) \ Name: Conti . Address: Phone: City/State0p: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: Property Owner Via: Email ❑ Mailed Paper Copy Name: Applicant Via: Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: [-]Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: ❑ Email ❑ Mailed Paper Copy Email: 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 SUBMR FORM Amber Pass 1392 Ithilien Excelsior, MN 55331 To Whom It May Concern: 1-27-17 I am writing to you in regard to the home our family purchased in spring of 2016. There was a total of 4,223 square feet of impervious surface when we bought the property not including an additional 780 square feet of non -porous polyurethane (that we removed and replaced with porous felt). This was a total of 5,003 square fee of existing impervious service. Unfortunately, after purchasing our home we discovered numerous water issues on both the interior and exterior. This was very concerning as we have a child with a severe mold allergy and immune system issues. We were sad to find standing water not only in our new basement after mild rain showers but the entire back of our lot flooded and standing water remained throughout the summer. This standing water also ran into both of our neighbor's lots to the north of us. In order to keep water from running down the very steep hill and into our basement (steep hill adjacent to our garage); we re -sloped that area and added a sidewalk to assist the water to sway/route into the back yard. We then had a beautiful dry creek bed installed in the back yard to hold this water. We have spent thousands on landscaping in order to remedy these water issues as our child's health and a yard for our children to play in (without breeding mosquitos and muck) was important to us. If we had known this home had water issues we would not have purchased it. Subsequently, we have done everything possible to fix the water in our basement and make things right for our children and the neighbors. Thankfully with the landscaping/sidewalk our basement is now dry. The new dry creek bed in back has dried out much of the lawn and our neighbor's lawns as well. They can actually mow the back of their lots now. Our current impervious surface is 4,525 square feet with the new sidewalk. When we purchased the property there was a total of at least 4,223 existing impervious square feet plus an additional 780 square feet of non -porous polyurethane. We are asking for a Variance to keep our sidewalk on the side of our garage so that our home interior stays dry. We are also asking to keep our driveway intact as it is no larger than the original and is already a challenge for people to back out of (very skinny and lots of people back off the side onto the lawn as it is). Thank you for any consideration on this matter as we have worked so hard to fix things. We would greatly appreciate a variance if permitted. Thankyou. CITY OF CHADIWASSEN CITY OF CHANHASJE Kind Regards, RECEIVED RECEIVED (wmti Amber Pass FE3 0s 2017 FEB 3 �'� ' CHANHASSEN PLANNING DEi4'AWASSEN PLANNING DEPT * Planning said it is hard to actually determine from an aerial what the actual square footage is and made an estimate at 1,153 sq. R. The existing driveway was actually over 1,300 sq. feet. Replaced existing driveway due to pot -holes and aacks. Property Address: A. Rouse B. Garage C. Driveway D. Sidewalks E. Patio/Deck F. Other (i.e. shed, etc.) REC J; JP�ared by: FEB 0 3 201-(Signature: CHANHASSEN POA 'Reviewed by: ,,nOFCHANN SSE FIECEI ents: FEB 3 rj N1 i CHAWASSENPLA%%MDEPT CITY OF CHANHASSEN HARDCOVER CALCULATION WORKSHEET EXISTING AND PROPOSED HARDCOVER LI , 0 �—X S.F. X S.F. X = S.F. X = S.F. X !� _ / S.F. X J = �vI�S.F. X S.F. X = S.F. X = S.F. X= - =2 X = S.F. X S.F. X = S.F. X = --S.F. X = S.F. X = S.F. TOTAL HARDCOVER: S.F. TOTAL LOT SIZE: , S.F. HARDCOVERPERCENTAGE: % MA70MUM % ALLOWABLE: % \ S ���110 Date: gW i�� �'" t G:\PLAN\Forms\Hardcover Calculation Worksheet.xls )Kai K. I S "I )t sly FT _{ 'Rcrnourd cxts-h 4'x4 pad to instA►1 t • � �� ,� all {X iSfi�, Clonorc,t. J w d � I .s: AI AOD 3 ol: FOND M1 �I lit � h y a 9 m r4 0 10 0 7 o V) 0- j'o I&I Permit No. CITY OF CHANHASSEN APPLICATION FOR DRIVEWAY PERMIT (BITUMINOUS/CONCRETE) - $30 PLEASE PRINT Name and Address of Party or Organization 1. 2. 3. 4. 5. El Nature of Work Name and Address of Party or Organization To Be Invoiced: Phone: Fax: Email: Type of Surface to be Disturbed: ❑ Gravel ❑ Bituminous ] Concrrette� ❑ Boulevard Location (Street, Avenue and House number):_ Q 3-- 11-M 1 1 !'f r I c(UU S) o VI 1 AJ Y I (Attach Site Su cy m Sketched Scaled Drawing - aeq= Method of Installation or Construction (including method of compaction and excavation) ✓(j� Work to start within days and completed with days thereafter. Will detouring of traffic be necessary? * Yes []No If so, describe routing: REC[.I\iED FEB 0 3 20 i NAWASSEN PLANNING' DENT The date when work is completed must be reported to the person designated by Engineering Dept. Permit No. AUTHORIZATION OF PERMIT (Office Use Only) Upon payment of permit fee in the amount of $ and in consideration of the agreement to comply in all respects with the Street or Alley excavation ordinances and regulations applicable covering such operations, permission is hereby granted for the work to be done as described in the above application, said work to be done in accordance with special precautions required, as hereby stated: ❑ Contractor shall prevent damage to existing utilities. ❑ All roadway, driveway, sidewalk and trail crossings shall be directional bore. NO OPEN TRENCHES. If boring equipment is lost under the pavement area it shall remain until the City reconstructs the pavement at a future date. No open cutting of street will be allowed. ❑ All disturbed areas shall be restored to original or better condition. ❑ This permit is granted upon the expressed condition that said contractor, agent, workmen, and employees shall comply in all respects with City of Chanhassen City Code Section Nos. 17-23 and 20-27. ❑ Please notify City of Chanhassen Engineering Department 24 hours prior to placement (952) 227-1163. It is expressly understood that this permit is conditioned upon replacement or restoration of the disturbed area to its proper condition in accordance with the appropriate rules and regulations. It is further understood that this permit is subject to revocation within ten (10) days of receipt of copy of application by the County Engineer when the permit is for work on a County Road. l RULES PERTAINING TO STREET AND ALLEY EXCAVATIONS SAFETY 1. Excavations shall be properly protected and identified by barricades and flags in the daytime, and flares, red lanterns or flashing signals at night, to protect persons and traffic at all times. 2. Barricades to be erected in a manner which will provide suitable visibility in all directions. 3. Excavations must be cribbed when necessary, depending upon type of soil, in order to prevent cave-ins. 4. No guys or stays to be attached to trees on Right of Way. 5. Underground construction must be so constructed as not to harm or unnecessarily destroy the root growth of sightly or ornamental trees. ROADWAY 1. Installation of pipe under concrete or high type of bituminous pavements to be done by jacking or boring unless otherwise authorized by Engineer. When an installation is made by jacking or boring a pipe three inches or larger in diameter, a casing of larger dimension must be used to encase the service pipe. 2. All backfilling must be placed in 6-inch layers and thoroughly tamped, and material must be flush and even with the road surface when finally in place, unless Engineer authorizes alternate method of construction. 3. Finished surface, base, and sub -base of road after excavation and backfill shall be at least equal in stability to finished surface, base, and sub -base prior to excavation. 4. Concrete pavement to be replaced according to specifications which will be provided by the Engineer. 5. If settlement or excavation caves in within one year from completion date so that replaced materials settle (bituminous mat or concrete base), same shall be restored to its original conditions by the holder of this permit. 6. No pole anchors, anchors, braces, or other construction to be put on roadway shoulder except by special authorization. 7. No driving onto highway from ditch or driving on shoulders except when authorized by the Engineer, and if damage occurs, permit holder will make proper repairs. 8. No machine excavation shall be permitted except when noted in application for permit. 9. Excavations greater than four feet in width at top of trench will not be generally permitted and may be made only when expressly provided for on the permit. 10. Streets may not be closed to traffic unless expressly authorized by the permit. LIMITATIONS 1. No lugs shall be used on equipment traversing road which will damage the road surface. 2. Roadside shall be cleaned up after work is completed. 3. No work shall be done which will create a nuisance. 4. Within 24 hours (Saturdays, Sundays and legal holidays excluded), the permit holder shall notify the municipality issuing the permit and, when applicable, the County Engineer, that such work has been completed and is ready for final inspection. 5. Within ten days after receipt of a copy of the permit application the City/County Engineer shall notify the applicant of any objection the City/County may have to the application. 3/4" per foot 18" 5' MIN. 2.07 / MAX 4.51. GRADE F-=-I 6" 3" 8" Concrete pavement Use #4 (1/2") Rebor Slab Reinforcement 6" Class 5 base incidental to apron SECTION A -A No Scale 36' Max. Industrial/Commercial A Right —of —Way B618 Curb & Gutters 618 Curb & Gutter ox installed over Bituminous ater service A in C�traction Joints Max. Spacing in ro A Expansion Joint (typ) Valley Gutter is 8' PLAN No Scale NOTE: 1. Use #4 (1/2") rebar slab reinforcement in r.o.w placed @ 6" from each edge. rebar to be 2' on center, being 6" on center in the gutter. 2. Contraction joints shall be 1/3 the depth of the slab. 3. Bituminous paving section to the right—of—way is the some as the street paving section. 4. Maximum pavement slope allowed within 30' of the street is 4.5%. Aggregate used in the concrete mix shall be granite.. 5. If water shutoff is in the driveway pavement a cover as manufactured by Mcdonald 74M1A series with c 8" opening frame & cover or equal shall be installed. MTOF COMMERCIAL/INDUSTRIAL CONCRETE DRIVEWAY APRON REVISED: 2-10 PLATE N0: ENGINEERING DEPARTMENT 5207 FILE NAME: G:\ENG\SPECS\5207 u la OVM FROM PAL ' 3 I� IS I is a� Right —of —Way NO CURB & GUTTER 6' DEPTH MIN. EXPANSION JOINT O BACK OF APRON 24 'MAX WIDTH AT R.O.W. 8'MAX d.. . • y .. • • E /la SAWCIT LINE DOG LEG JOINT SAW OR HAND TOOL CONTRACTION JOINTS 1/3 THE THICKNESS OF THE SLAB. NOTE ON BITUMINOUS STREETS CONTRACTOR MUST SAWCUT AND REPLACE MIN 18' STRIP OF STREET SECTION WITH SAME PAVEMENT TYPE TO MATCH EXISTING STREET SECTION. NEW CONCRETE DRIVEWAY SHALL BE OFFSET BACK 0.5' FROM EXISTING BITUMINOUS PAVEMENT. WHEN EXISTING DRIVEWAY IS BITUMINOUS AND NEEDS TO BE RESTORED. THE CITY REQUIRES A MINIMUM OF 2 - 2' LIFTS IN THE R.O.W. AREA. DRIVEWAY THICKNESS SHALL BE A MINIMUM OF 6' OF CONCRETE WIN 6' OF CLASS 5 FOR BASE USE /4 (1/2') REBAR SLAB REINFORCEMENT IN R.O.W. PLACED 9 2- ON CENTERS. IF WATER SHUTOFF IS IN THE DRIVEWAY PAVEMENT A COVER AS MANUFACTURED BY MGDONALD 74611A SERIES WITH AN 8' OPENING FRAME & COVER OR EQUAL SHALL BE INSTALLED. [I�Rqht-of�-joy OY FRP/L F 3- CURB & GUTTER 6' DEPTH MIN. EXPANSION JOINT O SAOK OF APRON 24'MAX WDTH AT RQW. w. 8'MAX _ :.P . e a e e a. a a INSTALLED OVER WATER SERVICE IF RADIUS INSTALLED, A MIN. OF 3' RADIUS REQUIRED. EDGE OF C EX. PAVEMENT 4 •REBAR 4 6.. 2 2.D' 16. N TS SAW OR HAND TOOL CONTRACTION JOINTS 1/3 THE THICKNESS OF THE SLAB. BOX INSTALLED OVER WATER SERVICE IF RADIUS INSTALLED, A MIN. OF 3' RADIUS REQUIRED. ROUNDED LIP NOTE: CWTRACTDR MUST SAIM UT AND REPLACE MIN 19' STRIP M STREET SECTION WM SINE PAVEMENT TOPE TO MATCH DNSIMNG STREET SECTION. WEN EXISTING DRIVEWAY 5 BNUMINWS AND NEEDS M BE RESTORED. THE CITY REWIEES A MINMW 0F 2 - 2' LIFTS N ME R.O.W AREA DRIVEWAY 1 I XNESS SHALL BE A MINIMUM 0F G' OF CONCRETE MTI 8' OF Q 5 PER BASE EXISTING CURB MLL BE REMOVED TO ME NEXT NLL JONT OR SAMLT IF MDRE THAN 5 S LEFT INPLACE TO TEE NEXT 10NT AND DRAINAGE IS MAINTAINED. USE N (1/2') ROM SAS REINFORCEMENT IN R.O.W PLACED O Y ON CENTERS PLACE EXPANSION FELT BEHIND CURB PRIM TO DRIVEWAY NSTALIATON. IF WATER SHUTOFF IS IN THE DRFE AY PAVEMENT A COVER AS MANUFACIDRED BY M[DONALD 74M1A SERIES WTH AN 8' OPENING FRAME & COVER OR EQUAL SHALL BE INSTALLED. OF OURB ® E A_A6 22.D' 61 NTS mioF CONCRETE RESIDENTIAL �p��11�1� DRIVEWAY ENTRANCES �mllilerAlPit1 WITH AND WITHOUT CURBS REVISED:10-09 PLATE NO.: ENGINEERING DEPARTMENT 5208 FILE NAME: G:\ENG\SPECS\5208 10' OVER FROM PA NO CURB & GUTTER 6 � 3 0 50' MAX DRIVEWAY WIDTH INSIDE PROPERTY IF HARDCOVER ALLOWS m 24' MAX WIDTH AT R.O.W. R.O.W. IF A RADIUS IS INSTALLED, A MIN. OF 3' RADIUS IS REQUIRED. F-3 3---� 3' 3' EDGE OF EX. PAVEMENT 18" SAWCUT LINE END OF DRIVEWAY SAWCUT ALL STREET PATCH AREAS AND TACK BEFORE PAVING. NOTE: ON BITUMINOUS STREETS CONTRACTOR MUST SAWCUT AND REPLACE MIN 18" ® STRIP OF STREET SECTION WITH WEAR PAVEMENT TO MATCH EXISTING STREET SECTION THICKNESS. FlDRIVEWAY THICKNESS TO THE RIGHT OF WAY SHALL BE A MINIMUM OF 2-2" LIFTS OF BITUMINOUS WITH 6" OF CLASS 5 FOR BASE 10' OVER FROM PA CURB & GUTTER d'< 50' MAX DRIVEWAY WIDTH INSIDE PROPERTY g IF HARDCOVER ALLOWS n $ m 24' MAX WIDTH IN R.O.W. R.O.W. ^ . _ _ R.O.W. IF A RADIUS IS INSTALLED. A MIN. OF 3' RADIUS IS REQUIRED. r-3' - - 3'---- BACK OF CURB 3' 3 �. NOTE: DRIVEWAY THICKNESS IN R.O.W. SHALL BE A MINIMUM OF 2-2" LIFTS OF BITUMINOUS WITH 6" OF CLASS 5 FOR BASE IF THE CURB NEEDS TO BE REPLACED THEN THE ABOVE DETAIL FOR STREET REPLACEMENT SHALL BE USED AND THE CURB REMOVED TO THE NEAREST JOINT OR SAWCUT IF 5' OF CURB WILL REMAIN TO THE NEXT JOINT AND GUTTER LINE MAINTAINS PROPER DRAINAGE. ^�OF 1d11yQ�t111� RESIDENTIAL BITUMINOUS DRIVEWAY ENTRANCES �iN�1fi11 WITH AND WITHOUT CURBS REVISED: 2-10 PLATE NO.: ENGINEERING DEPARTMENT 5209 FILE NAME:G:\ENG\SPECS\5209 1. All work within City boulevards requires the appropriate permit be obtained from the City's Engineering Department. A diagram showing the approximate location of the utility to be installed must accompany the permit application. 2. All drain file within City boulevards shall be installed in accordance with Detail #5233. Connection to catch basin/manhole shall be core drilled. 3. Call 24 hours in advance to schedule inspection of connection to catch basin/manhole. 4. Provide financial security as determined by City staff. 5. Protect existing utilities and street surfaces. 6. Restore all disturbed areas to original condition. 7. Call for final inspection upon completion. 8. Upon completion, a set of as -built plans shall be provided to the City of Chanhassen Engineering Department. 9. Approval of this permit in no way implies or expresses the City of Chanhassen will guarantee said work. Permit No. 1 (0 ' CITY OF CHANHASSEN APPLICATION FOR EARTHWORK PERMIT Name and Ad ess of Property Owner: a �^ 5 Z i t'co Contact Person �tM Email: Phone: _'t7Z-M--ZV7 gS7 -W0-(a0g9 Alternate Phone:ki,l Z ? -L I - 519 1 Legal Description of subject property: Lot 10 Block Property Identification Number: 1_ Site Address: /,3qZ T1 � t ofworkto b`// Name and Address G F J Ok'A-1t,- Contact Person: Email: Phone: Fax: Alternate Subdivision :a., 253('g0i0n Indicate the use or occupancy for which the proposed w6rk is intended: Estimated quantity of excavation (cubic yards): 4 SD Attach a plan showing the following: 1. Present elevations. 2. Proposed elevations. 3. Elevations of neighboring property within 15 feet of excavation. 4. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or which may be affected by the proposed grading operations. have read and understand the City of Ch rr ssen's General Requirements for obtaining a grading/earthwork permit. Signature of Applicant: Date: 3'I k� Office use Only Date Received: ' $50 Application Fee Received: es No Denied Approvedt p Receipt 330(o3X (a Rece' t No. Date: Security Amount $ -4'SC, , 3 3 V� 7 1 Processed by.--� Receipt No. 8 Date: 1i CERTIFICATE FOR LARSON'S ,c �� JJUvSC T.� Fes•.,. A A m N e OF SURVEY AWARD HOMES 39 - a➢oo w= I DATE Sanitary Sewer o00 Invert Elev. _ 119019. /vF nra / r \a oo ' S u I 71 _� 9 /✓-7y o v �IA0 i.i pRDPps r zs a E� � N�rsc 1 Gig¢ )01 Dralaage am Utlllty iaaa.aa )pot J/53. So /V ' a� 0 Denotes Proposed Elevation r x Denotes Existing Elevation /0�3.L7 TOP of Foundation /0-7. / TOP Of Basement Floor ALL -METRO DEVELOPMENT CONSULTANTS. P.A. "A n S!.AVrnNG' ENGDVrZMM • COMTMT YT1ON STAKING Thomas K Vemkke . Pre56lm[ Regi rand Ltm sw%ve ,, 7441 Jolly 1,a,, Te±e. f612) 425-6161 8rook7kn Park MN S5425 FAX (612) 42S-2033 BY: 97 O Q � A a O � 0 Scale: 1" = 30' o Denotes Iron thbn. I y 110 a+ r iLa !L�bv/+rco M't.Ti. � ICa$E LAav" FR.�—SATI. TE: �, LEGAL DESCRIPTION T � Lot 10, Block 1- ITHILIEN 10 Hennepin County, Minnesota l HERMY CLATSY THAT TH6 SLVVEY was PRE pAM) !T W OK LFoeT+ HY DUKLT RA[NVNCA AND TKC 1 AN A DUY IMGN-= LAM 5LWVEYOR LTOEII T7¢ LNFS or THE STATE OF bamESOU6 REG NO. {E54 DATE Z /Z r° 3 NO. _93aa l e7) CERTIFICATE OF SURVEY FOR LARSON'S AWARD HOMES Pei / Ey }IuvSC Tei in wn Sanitary Sewer Invert Elev. _ /ano./v/'&v, I n . • /)I-,f 'C•�0), Q tea..-•� �f_'''y W QD ,�( PRoPoS�v zs er IL cralaage aad Otil ty Lue�ea Denotes Proposed Elevation r s Denotes Existing Elevation lots.L7 TOP of Foundation iev7ni Tbp of Easement Floor ALL -METRO DEVELOPMENT CONSULTANTS. P.A. LA.'M A3tVEYM • Qlfi4 EMiG • CONSTRLtMON STA)0,G Theme+ HL Vemk' pn'w ni Registered Lend s,avow 7441 Jay Lane Te+s. (612) 425-6161 Brooklyn Park MN 5542S FAY, (612) 425-2033 3g��T 4 Jo C s 34�9��wc� Q O ^ 1 Q / •S •Q10 A a� 7 V �97 ?« .y iJ1r �P $Lbg� i DEPT. f i DATE: �J o Z a 1 20- a r Scale: V = 30' °. o Denotes Iron hbn. 3VED i +y-e'' Y F we T Ec !�pcA•VN riD WiAT[N ° RZA�svGo FF.r+.`S�T� By: �W4E DEPT.: L"' /— DAtEk'j LEGAL DESCRIPTION iY: Lot 10, Block 1 _ XPITHILIEN )AHennepin County, Minnesota I /WEBY CONMY TNAT Ttaa stavEY VAS YRVN® By W OaLPGXXaft•DOW=SEWWW iCW AND TbW I A A DLOf NUMS110W LAND SUNEYOR LNDM T1E LAAM OF THE STATE OF N"GMOti RM M- I=4 ppE Z: 9 3 No. 9304 y Lz) ✓. N. Z-2.+/-yz. 3—Z-43 Reason work w, rcA Location agz- I iun -- Date lojza hsL3 inspector 1.� T-es�mUr, DO NOT REMOVE THIS TAG City of Chanhassen 952=227=1180 Contact i 7-Z Dept. 6A LJ/;J CITY OF CHANHASSEN Chanhassen is a Community for Life- Providing forToday and Planning for Tomorrow January 23, 2017 Jim and Amber Pass 1392 Ithilien Chanhassen, MN 55331 Re: 1392 Ithilien-Lot Coverage Mr. and Ms. Pass, I am sending you this letter to inform you that recent improvements made to your property located at 1392 Ithilien have caused it to exceed the maximum impervious surface allowed in the Residential Single Family District. Section 20-615(5) of the Chanhassen City Code states that for properties zoned Residential Single Family "The maximum lot coverage for all structures and paved surfaces is 25 percent." This provision limits 1392 Ithilien to a maximum of 3,702.5 square feet of lot coverage. Staff first brought this matter to your attention in October of 2016. During a subsequent meeting with Jim Pass on November 2, 20161 agreed to delay enforcing the hardcover restriction in order to provide you with an opportunity to work with Steve Ferraro to address drainage issues on 1392 Ithilien. This delay was granted with the understanding that both a grading and a zoning permit applications for the work completed and in progress on the Property would be submitted to the city. It was also agreed that the property's lot coverage would be addressed when the zoning permit application was filed. A grading permit was submitted on November 3b; however, to date no zoning permit application has been received. On November 30, 20161 spoke with Jim Pass about the need to file a zoning permit and resolve the property's outstanding lot coverage issues and requested that a zoning permit application or plan to bring the property into compliance with City Code be submitted by December 21, 2016. On December 12, 2016 Jim Pass indicated that you would request a lot coverage variance. I informed him that the first step in the variance process would be filling out a zoning permit application and setting up a meeting with me so that we could determine exactly how much lot coverage was present on the property. On January 9, 20171 contacted Jim Pass and asked if he still intended to pursue a lot coverage variance. I was informed that this was still the plan. I requested to be contacted by January 13, 2017 to schedule a meeting. On January 20, 2017 I again spoke with Jim Pass and again requested that I be contacted os soon l possible to setup a meeting to discuss a lot coverage variance for 1392 Ithilien. Please contact me to either schedule a meeting to begin the variance process or provide me with a zoning permit application and plan for removing the excess lot coverage on 1392 Tthilien no later than Wednesday, February 1, 2017. You can contact me by email at mwaltersC Dci cbanhassen mn us or by phone at 952-227-1132. A copy of this letter has been placed in the property's building file. Respectfully, 4 MacK ie Walters Assistant Planer ec Steve Ferraro, Construction Manager/Engineering Technical IV. Building File PH952.227.1100 • www.cLChanhassenan.us • FX952.227.1.110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Walters, MacKenzie From: Smith, Stephanie Sent: Friday, February 24, 2017 8:53 AM To: Walters, MacKenzie Subject: RE: 1392 Ithilien MacKenzie, The only time I spoke with Mr. and Ms. Pass, the residents at 1392 Ithilien, was when they were at the building counter due to a building inspector noticing they were working without a permit. I do not normally handle these permits, but both Steve Lenz and Steve Ferraro were out of the office, so I came to the building counter to help. I don't remember the date and time this occurred. MacKenzie, you were talking to them about hardcover limits. One item that came up was they planned to redo their driveway. You explained if they reduce the size of the driveway, that may free up hardcover for use on the concrete areas they had poured without a zoning permit. I told them they or their driveway contractor would need to apply for a driveway permit. I spoke with the Passes at the Building counter and at the Engineering counter regarding the work they planned to do on their lot. They mentioned bringing in dirt or stone to improve drainage on their lot. I explained that if they move more than 50 CY of earth they would need a grading permit and would need to maintain the current drainage patterns in their development. I used our asset management software to confirm that we did not have City utilities in their yard. I Rave them a grading permit application. Mr. Pass asked if he could meet with someone onsite to describe what he planned to do for grading. I explained that Steve Lenz handles our grading permits and since he was out of the office that day, I recommended that he call Steve the next business day. I explained to Mr. Pass that we would need application submittal if they are exceeding 50 CY. Meeting on site to describe the work would not be sufficient. Mr. Pass said he would give Steve a call. Later, I discovered I had directed Mr. Pass to the wrong Steve, as Steve Ferraro reviews grading permits. Later, I gave both Steves the heads up to expect a call from Mr. Pass. Thank you, Stephanie Stephanie Smith, MN P.E. © Project Engineer CITY OF CHANHASSEN PH. 952.227.1165 FX. 952.227.1170 www.ci.chanhassen.mn.us 00 From: Walters, MacKenzie Sent: Thursday, February 23, 2017 2:56 PM To: Smith, Stephanie <sbsmith@ci.chanhassen.mn.us> Subject: 1392 Ithilien Stephanie, Unfortunately, I don't have a note of when we first spoke with them. I know it was late October and my guess would be that we'd initially met with them on Oct 27 or 28... but regrettably I can't be sure. Thanks again, -MacKenzie MacKenzie Walters Assistant Planner CITY OF CHANHASSEN PH. 952.227.1132 FX. 952.227.1110 www.ci.chan ha ssen. mn. us MW Walters, MacKenzie From: Ferraro, Steve Sent: Friday, February 10, 2017 1:39 PM To: Walters, MacKenzie Subject: 1392Ithilian Grading inspection notes Follow Up Flag: Follow up Flag Status: Flagged MacKenzie, When I inspected the grading and restoration work that had been done at 1392 Ithilian, Grading Permit No 16-13, 1 observed the following: The grading and drainage swale was constructed as per plan that was submitted with the permit and all areas that were disturbed were restored with topsoil and sod. The newly poured sidewalk adjacent the home, pool surround & patio did not match the site survey attached to the grading permit. Those areas appeared to have been expanded upon from their previous state, as I double checked our 2016 aerials in our GIS to make sure I wasn't missing anything. I then proceeded to release the security escrow the homeowners had posted being they fulfilled the requirements of the grading permit. Regards, Steve Ferraro ® Engineering Tech IV Construction Manager CITY OF CHANHASSEN PH. 952.227.1166 Cell 763.286.1623 www.ci.chanhassen.mn.us rf • Hardcover Ithilien From Survey Part Length/height Width/Base Shape Seg total Sub Total Drive 1 38 10 rec 380 Drive 2 28 10 rec 280 Drive 3 28 7 tri 98 Drive 4 18 18.39 rec 331.02 Drive 5 9 7 rec 63 Drive 6 8 4 tri 16 Drive 7 17 6 tri 51 Drive 8 9 2 tri 9 1228.02 F Sidewalk 4 24 rec 96 96 F patio 7 8 rec 56 56 Garage 25.09 21.92 rec 549.97 549.97 House 1 24.58 21.92 rec 538.79 House 2 6.4 2 rec 12.8 House 3 21.02 24.58 rec 516.67 1068.26 4 season 12.19 11.61 rec 141.52 141.52 Deck 10.24 11.69 rec 119.7 119.7 R Patio 15 12 rec 180 180 R sidewalk 8 3 rec 24 24 Pool apron 1 20 5 rec 100 Pool apron 2 29 3 rec 87 Pool apron 3 25 9 rec 225 Pool apron 4 29 3 rec 87 Pool apron 5 7 7 tri 24.5 Pool apron 6 71 6 rec 1 42 565.5 Grand total 1 4028.97 Preexisting Breakdown Lot area 14,810.40 HC Cap 3,703 HC 4,028 HC % 27.20% hO LLJ -L. O Ab. z iZ C65 cL '00 x R rz O C5 .. 90 0 V) 0. Staffs recommend HC Reductions (approximate) CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA VARIANCE 2017-05 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen Board of Appeals and Adjustments approves a variance to allow hardcover to exceed 25 percent by 3.5 percent. 2. Proverty. The variance is for a property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Lot 10, Block 1, Ithilien. 3. Conditions. The variance approval is subject to the following conditions: a. The property's hardcover is not to exceed 28.5 percent (4,224 square feet). b. The applicant must submit a registered land survey showing that the property's hardcover does not exceed 4,224 square feet. c. The applicant must apply for and receive a zoning permit. 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: March 7, 2017 CITY OF CHANHASSEN M (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) Denny Laufenburger, Mayor Todd Gerhardt, City Manager 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 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 February 23, 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 variance for impervious surface for property located at 1392 Ithilien 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. Subscribed and sworn to before me this a 3 day of , 2017. Aftuy Public """? JENNIFER ANN POTTER A k Notary Public -Minnesota �� MY CanMaabn �aa Jan 31, 2M Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 7, 2017 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a variance for impervious surface for property located at 1392 Ithilian. A licant: Amber Pass Property 13921thilien Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2017-05. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwaltersC�ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Planned Unit Developments, Site Ran Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Man Amendments and Code Amendments require a Public hearing before the Planning Commission. City ordinances require all property within S00 feel of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a pad of the heading process. The Commission will dose the public hearing and discuss the item and make a recommendation to the Cliy Council. The City Council may reverse, affirm or modify wholly or partly Me Panning Commission's recommendation Rezonings, land use add code amendments lake a simple majority vote of the City Council except rezalings and land use amendments from residential to commercialAndustmil, • Minnesota State Statute 519,99 requires an applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Manning Department regarding its status and scheduling for the City Council meeting. • A naighbomccal spokespersonlrepresentative is encouraged to provide a contact for the city. Often developed; are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any Interested personls). • Because the Planning Commission holds the public heeding, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to he" something to De Included in the report, lease contact the Plannift Staff person named on the notification. Date & Time: Tuesday, March 7, 2017 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda, Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a variance for impervious surface for property located at 1392 Ithilian. Applicant: Amber Pass Property 13921thilien Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2017-05. If you wish to talk to someone about this project, please contact MacKenzie Questions & Walters by email at mwalters(a)ci.chanhassen.mn.us or by Comments: phone at 952-227-1132. 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. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign u I City Review Prpcedum: • Subdivisions, Planned Unit Developments, Site Ran Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Ran Amendments and Code Amendments require a public heading before Me Manning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any Interested parry Is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Panning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the Item and make a recommendation to the City Council, The City Council may reverse, affirm or modify wholly a partly the Planning Commission'a recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commmialfindustdal. • Minnewta State Statute 519.99 requires all applications to be processed within 60 days unless Me applicant waives this standard. Some applications due to their complexity may lake several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding Its status and scheduling for Me City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meat with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(sj. . Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any Zespondence regarding the application will be indutletl in the report to the City Council. d you wish to have something to be included In Iha report, lease contact the Planning Stag person named on the notification. Taxpayer Name Taxpayer Address Taxpayer City -State -Zip ALEJANDRO FERRER-MACHUCA 6330 TETON LN CHANHASSEN, MN 55317-7527 BRENT W & DIANE E FESTER 16350 TETON LN CHANHASSEN, MN 55317-7527 BRIAN D & DIANE S WYFFELS 16421 TETON LN CHANHASSEN, MN 55317-8332 CHRISTOPHER M HUBBY 6380 TETON LN CHANHASSEN, MN 55317-7527 DANIEL & MARIA LEARY 1275 LILAC LN EXCELSIOR, MN 55331-9053 DANIELI & SANDRA A COLICH 1321 ASHTON CT CHANHASSEN, MN 55317-7529 DAVID G & DIANN LJONES 1329 ITHILIEN EXCELSIOR, MN 55331-9032 EDWARD N & RHONDA R PERKINS 1351 ITHILIEN EXCELSIOR, MN 55331-9032 GARY P & LEORA F MATTILA 1321 ITHILIEN EXCELSIOR, MN 55331-9032 AMBER PASS 1392 ITHILIEN EXCELSIOR, MN 55331-9032 JAMES A SHANESY 6340 TETON LN CHANHASSEN, MN 55317-7527 JAMES L & BARBARA A QUIRING 1384 ITHILIEN EXCELSIOR, MN 55331-9032 JASON HARDIE 1331 ASHTON CT CHANHASSEN, MN 55317-7529 JASON T MILLER 1430 KNOB HILL LN EXCELSIOR, MN 55331-8063 JOHN C & SHARON A KNOBLAUCH 1450 KNOB HILL LN EXCELSIOR, MN 55331-8063 JOHN J SAVARINATHAN 6360 TETON LN CHANHASSEN, MN 55317-7527 JOSEPH D KNOBLAUCH 1465 KNOB HILL LN EXCELSIOR, MN 55331-8062 KENNETH F & PATRICIA J GARVIN 6390 TETON LN CHANHASSEN, MN 55317-7527 MARK E & KATHRYN W BASTIANSEN 6301 YOSEMITE EXCELSIOR, MN 55331-9035 MARK G STEFFEN 13681THILIEN EXCELSIOR, MN 55331-9032 MARK 5 SCHIEBEL 1459 KNOB HILL LN EXCELSIOR, MN 55331-8062 MATTHEW A MCGEE 6398 TETON LN CHANHASSEN, MN 55317-7527 MATTHEW K REGA 13911THILIEN EXCELSIOR, MN 55331-9032 MICHAELI & ELIZABETH BRANDIES 6411 TETON LN CHANHASSEN, MN 55317-8332 MICHAEL W & JULIE A MANNING 1341 ASHTON CT CHANHASSEN, MN 55317-7529 MIKE J & ANN M PREBLE 1352 ITHILIEN EXCELSIOR, MN 55331-9032 MONICAA WIANT 13851THILIEN EXCELSIOR, MN 55331-9032 PAUL NORMAN GRANOS 6663 HORSESHOE CURV CHANHASSEN, MN 55317-9526 PETER B & LEAH J THORSON 6370 TETON LN CHANHASSEN, MN 55317-7527 RANDALL L & DIANE H SCHWANZ 1377 ITHILIEN EXCELSIOR, MN 55331-9032 RICHARD E & CYNTHIA FROEHLING 1328 ITHILIEN EXCELSIOR, MN 55331-9032 ROBERTA & SANDRAJ HANSON 1344 ITHILIEN EXCELSIOR, MN 55331-9032 ROBERT C JASPER 125 MOUND AVE TONKA BAY, MN 55331-8529 SAMUEL H HOLMGREN 1415 KNOB HILL LN EXCELSIOR, MN 55331-8062 SAMULE D TEUT 1311 ITHILIEN EXCELSIOR, MN 55331-9032 SCOTT H & JOANNE R DAKE 1336 ITHILIEN EXCELSIOR, MN 55331-9032 SHILUN DAVID LI 13201THILIEN EXCELSIOR, MN 55331-9032 STEPHEN G & PATRICIA M BENSON 1440 KNOB HILL LN EXCELSIOR, MN 55331-8063 STEVEN B & ALLISON M WEICK 6401 TETON LN CHANHASSEN, MN 55317-8332 SUZANNE M CUTSHALL 1425 KNOB HILL LN EXCELSIOR, MN 55331-8063 THOMAS & LAURIE DUNN 1420 KNOB HILL LN EXCELSIOR, MN 55331-8063 THOMAS A & ANNE H FURLONG 1405 KNOB HILL LN EXCELSIOR, MN 55331-8062 THOMAS S & MARY K HENDERSON 1435 KNOB HILL LN EXCELSIOR, MN 55331-8062 TIMOTHY P & COLLEEN M BROWNE 1360 ITHILIEN EXCELSIOR, MN 55331-9032 TODD 1 & MARIE L WATTERSON 1410 KNOB HILL LN EXCELSIOR, MN 55331-8063 To: Planning Commission From: MacKenzie Walters Date: March 1, 2017 Subj: Citizen concern regarding PC 17-05 Neighbor called to express concerns about the large amount of water being moved through 1392 Ithilien's back yard Has observed increased drainage issues, and reports that sub -pump has been running constantly for longer than usual this winter. They have expressed concern that the increased hardcover could lead to standing water in their basement and negatively impact their property.