3 Variance 290 Lake Drive EastSTAFF
REPORT
PC DATE: 11/19/02
CC DATE: 2/9/03
REVIEW DEADLINE: 12/3/02
CASE #: CLIP 02-7 &
VAR 02-16
By: A1-Jaff
PROPOSALS:
LOCATION:
APPLICANT:
1) A request for a 3 foot variance from the 5-foot height requirement for
ground low profile signs.
2) A request for a conditional use permit for a motion (liED) display in a
monument sign.
South of Highway 5, East of Great Plains Boulevard, and north of the Citgo
Gas Station and New Horizon Daycare.
Chanhassen American Legion
290 Lake Drive East
Chanhassen, MN 55317
(952)294-9829
American Legion Housing Committee
7995 Great Plains Boulevard
Chanhassen, MN 55317
(612) 306-8008
tl.I
PRESENT ZONING:
BN, Neighborhood Business
ACREAGE:
92,246 Square Feet
DENSITY: N/A 2020 LAND USE: Commercial
SUMMARY OF REQUEST: The American Legion Post 580 is requesting a variance to allow an
8 foot high monument sign. Staff is recommending denial of this request. A conditional use permit
is also being requested for an I~ED sign. Staff is recommending approval of the Conditional Use
Permit. Notice of the public hearing has been sent to property within 500 feet.
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 variance. The City has a relatively high
level of discretion with a variance because of the burden of proof is on the applicant tO show that
they meet the standards in the ordinance.
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
Hidden Cou,l:
Chanhassen American Legion Sign CLIP and Variance
November 19, 2002
Page 2
APPLICABLE REGULATIONS
Article XXVI, Section 20-1302 requires ground profile signs to be a maximum of five (5) feet in
height.
Article XXVI, Section 20-1259 requires a conditional use permit for time and temperature
(motion) signs.
BACKGROUND
On March 11, 2002, the city approved a site plan for the American Legion Post 580. A sign plan
was submitted and approved by the city. It included a wall mounted sign, directional signs, and a
monument sign. All signs met the ordinance requirements. The applicant applied for a sign
permit. Staff informed the applicant that the proposed sign is inconsistent with the sign approved
by the City Council. The height of the sign exceeded the maximum allowed by ordinance, which
required a variance. Also, the addition of the LED sign requires a conditional use permit.
HEIGHT VARIANCE
ANALYSIS
The applicant is requesting a 3 foot variance to construct an 8 foot monument sign. The height of
a ground low profile sign cannot exceed 5 feet in the Neighborhood Business District. The sign
will be located north of the site, along Highway 5, and will maintain a 10 foot setback from the
property line. The base of the sign is brick that matches the building. The height of the base is
27 inches (2'3"). The monument sign, including the LED display is 47 inches (3'9") high. A
pitched element containing the American Legion's logo is 18 inches (1'6") high. The total height
of the sign is 96 inches (8 feet). The total display area for the sign is 22.96 square feet including
the logo. The ordinance allows a maximum of 24 square feet of sign display area.
The applicant indicated that the main reason for the height variance is to ensure snow
accumulation does not block the sign. Also, the applicant chose to include a pitch on the sign to
mimic the design of the building. The combination of these two elements and an LED sign,
added 3 feet to the total height. It is staff's opinion that the snow can be removed to keep the
views open. As to the design of the sign, staff agrees that the pitched element adds to the overall
appearance of the sign, however, it also adds to the height. As to the area of the sign, it is in
compliance with ordinance requirements.
Although the variance request is small in terms of measurement, staff believes the applicant will
have a reasonable opportunity to advertise their location.
Chanhassen American Legion Sign CUP and Variance
November 19, 2002
Page 3
FINDINGS
The Planning Con-m-fission shall not recommend and the City Council shall not grant a vm-iance
unless they find the following facts:
That the literal enforcement of this chapter would cause undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
smToundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of va-lances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding:.
The applicant believes that snow will cause a hardship. The proposal locates a
pitched element on top of the sign which will contain the Legion's logo. The name
and post number is located below the pitched element. Below the name is an LED
sign. These features will have a brick base that matches the brick used on the
building.
The applicant can redesign the sign to meet ordinance requirements. The applicant
has a reasonable opportunity to advertise the site.
bo
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding:
The conditions upon which a petition for a variance is based are applicable,
generally, to other property within the same zoning classification
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding:
The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land. The applicant designed a sign that mimics
the design of the building. Pitched elements always add to the height of any
structure.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding:
The alleged difficulty or hardship is self-created. The applicant is aware of the
ordinance requirements. The sign can be redesigned to meet ordinance
requirements.
Chanhassen American Legion Sign CUP and Variance
November 19, 2002
Page 4
so
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding:
The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is
located.
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding:
The proposed variation will not impair an adequate supply of l~ght and air to
adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
CONDITIONAL USE PERMIT
ANALYSIS
The applicant is requesting a conditional use permit for an LED sign to be located on the monument
sign. The LED sign will advertise specials as well as community events. This motion sign will
comprise 12.151 sq. ft. of the sign display area. The actual letters will be between 9" and 21" in
height.
FINDINGS
The Planning Commission shall recommend a conditional use permit and the council shall issue
such conditional use permits only if it finds that such use at the proposed location:
1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general
welfare of the neighborhood of the city.
Finding:
The LED sign will display specials and community events. It is a modem
alternative to changeable letters. The sign will provide a convenient method of
communication for the general public.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Chanhassen American Legion Sign CUP and Variance
November 19, 2002
Page 5
Finding:
This use is consistent with the objectives of the city's comprehensive plan and this
chapter.
.
Will be designed, constructed, operated and maintained so to be compatible in appearance with
the existing or intended character of the general vicinity and will not change the essential
character of that area.
Finding:
Staff believes that the LED display has been designed and will be constructed,
operated and maintained so to be compatible in appearance with the existing
character of the site. This display will not change the essential character of the area.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding:
The LED display will not be hazardous to existing or planned neighboring uses. It
may be considered a benefit for those traveling on Highway 5.
.
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and schools;
or will be served adequately by such facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
Finding:
Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the cormnunity.
Finding:
Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
.
Will not involve uses, activities, processes, materials, equipment and condition of operation that
will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding:
Will not involve uses, activities, processes, materials, equipment and condition of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
Chanhassen American Legion Sign CLIP and Variance
November 19, 2002
Page 6
8. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding:
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding:
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
10. Will be aesthetically compatible with the area.
Finding: Will be aesthetically compatible with the area.
11. Will not depreciate sun'ounding property values.
Finding: Will not depreciate surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: Not applicable.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motions:
"The City Council denies the request for a 3 foot variance for the construction of an 8 foot
monument sign based upon the findings presented in the staff report and the following:
1. The applicant has not demonstrated a hardship that would warrant the granting of a variance.
2. The applicant has a reasonable opportunity to design a sign that meets ordinance
requirements."
"The Planning Commission recommends approval for a conditional use permit for the LED
display within a monument ground low profile sign."
Chanhassen American Legion Sign CUP and Variance
November 19, 2002
Page 7
ATTACHMENTS
1. Application
2. Property Owners and Public Hearing Notice
3. Sign Elevation
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
'TELEPHONE (Day time) '~..~ Z- 2...'~ y - ~ ~ Z~
Comprehensive Plan Amendment
' ~("' Conditional Use Permit
;\
Interim Use Permit
__ Non-conforming Use Permit
Temporary Sales Permit
Vacation of ROW/Easements
,,
Variance/% iS('"')
Wetland Alteration Permit
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
.. Sign Plan Review
Site Plan Review* X
Notification Sign
Escrow for Filing Fees/Attorney Cost**
($50 C U PIS PRNAC/VAR/WAP/Metes
"-ah'd~ounds, $400 Minor SUB)
SubdMsion* TOTAL FEE $ ,~, ./'~.- '~.' - u"~'-"
_
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.
~'l'wenty-six full size folded copies of the plans must be submitted, including an 8Y2" X 11" reduced copy of
tr~_~_~,pa~e~74or 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.
i
.1_ECCX DESCRIPTION
'TOTAL. ACREAGE
WETLANDS PRESENT YES .X. NO
) 4 '
·
P~S~ ~D USE DESIGNATION /~'~/~ZZ - ~//4/4~S/g¢ ~;~/~ [
/
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
De.par'Unent to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice ~f application deficiencies shall'be mailed to the applicant within ten business days of application.
-Fhi~ ls to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
'the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
;lifts applic~ion and the fee owner has also signed this application.
I will keep my'serf 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.
extensions are ~)~proved by t?e/z(plicant.
~91i~tion Recei~d on Fee Paid
The city t~ereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
Date
/
Date
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.
Monument Sign Construction
American Legion Post 580
Chanhassen, MN
This sign has two single face Daktronics #3060 L.E.D. display units, and two single face Serigraphics
Sign Systems Illuminated cabinets mounted back to back. There is a 3 inch square steel tube support
structure imbedded in 48 inches of below grade concrete, and extends up through 27 inches of concrete
and brick, then in between the back to back single face display units.
The upper portion of the monument is the illuminated cabinets by Serigraphics. The cabinet and face are
constructed of aluminum. The face is .090 inch thick aluminum and will have raised copy and an
American Legion logo. Both copy and logo will be 1/2 inch acrylic push through letters. Push through
letters have a lip on the back which keeps them from pushing all the way through the aluminum. The get
glued to the back of the aluminum. The copy and logo will have a yellow or bronze color. The logo will
be silk-screened.
The background color of the monument to be a Navy Blue. Serigraphics will also paint the Dactronics
units since they come in painted black.
Any questions please call me.
Bob Kane
Serigraphics Sign Systems, Inc.
952-944-8860
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 19, 2002 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL:
Variance and Conditional
Use Permit for Monument Sign
APPLICANT: American Legion Post 580
LOCATION' 290 Lake Drive East
NOTICE' You are invited to attend a public hearing about a proposal in your area. The applicant, American
Legion Post 580, is requesting a sign height variance and conditional use permit for a monument LED display
sign on property zoned Highway Corridor District 1 and Central Business District and located at 290 Lake
Drive East.
What Happens at the Meeting: 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:
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.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
'office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Sharmeen at 227-1134. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on November 7, 2002.
Smooth Feed SheetsTM
dMERICAN LEGION-CHAN POST 580
995 GREAT PLAINS BLV£
'.HANHASSEN MN 55317
&4OCO AMERICAN OIL CO
;/O ERNST & YOUNG LLP
PO BOX 06529
2HICAGO IL 60606
'.ITY OF CHANItASSEN ..- ....
¥o
700 MAR~VD PO B?X 147
iH A...NItA43 SEN kin 55317
ITY OF CHANHASSEN
/O BRUCE DEJONG ....
700 MARKET--BLVD PO BOX 147
..~-
HANHASSEN MN 55317
ITY OF CHANHASSEN
/O BRUC~
700 MARKf. T"BLVD PO BOX 147
HANI--IA'S SEN MN 55317
ROWN PROPERTIES LLC
/O GARY L BROWN
~31 KOEHNEN CIR W
XCELSIOR MN 55331
ALVOLINE INSTANT OIL CItANGE
499 DABNEY DR
EXINGTON KY 40509
L B PROPERTIES LLC
~31 KOEHNEN CIR
XCELSIOR MN
55331
AVID S JOSSI
i0 HIDDEN LN
5I '~HASSEN
MN 55317
~MES B & KAREN A COOK
,0 HIDDEN LN
-IANHASSEN MN 55317
ERIC S LINVILLE &
KAFI E COHN
280 HIDDEN LN
CHANHASSEN MN
55317
LEE & MARY KAUFMAN
300 HIDDEN LN
CHANHASSEN MN 55317
JEFF & KAREN HONGSLO
310 HIDDEN LN
CHANHASSEN MN 55317
MARK A METZ
320 HIDDEN LN
CHANHASSEN
MN 55317
DAVID A LYONS &
JULIE TENHOFF-LYONS
330 HIDDEN LN
CHANHASSEN MN
55317
MATTHEW J PATTEE &
DONNA E SPINELLI
340 HIDDEN LN
CHANHASSEN MN
55317
RICHARD C & JULIE L NESSLY
350 HIDDEN LN
CHANHASSEN MN 55317
JAMES A & CAROL A UDSTUEN
360 HIDDEN LN
CHANHASSEN MN 55317
MICHAEL R SCHNABEL &
SANDRA J STAI
370 HIDDEN LN
CHANHASSEN MN 55317
BISRAT & DENISE ALEMAYEHU
380 HIDDEN LN
CHANHASSEN MN 55317
Use template for 5160®
WILLIAM R & DEBRA E PRIGGE
390 HIDDEN LN
CHANHAS SEN MN 55317
NGUYEN & BINH NGU CHAU
8080 HIDDEN CT
CHANHASSEN MN 55317
KEVIN R & DONNA J BECKER
8060 HIDDEN CT
CHANHASSEN MN 55317
BRIAN D & JEAN M STECKLING
8040 HIDDEN CT
CHANHASSEN MN 55317
THOMAS PAUL BOTAMER
8020 HIDDEN CT
CHANHASSEN MN 55317
PAUL R & MICHELLE M HAIK
261 HIDDEN LN
CHANHASSEN MN 55317
KEITH & DELORES H BLATZttEIM
271 HIDDEN LN
CHANHASSEN MN 55317
DAVID L & MEGAN M KLEIN
8000 HIDDEN CIR
CHANHASSEN MN 55317
ANTHONY & MARY PAVLOVICH
8010 HIDDEN CIR
CHANHAS SEN MN 55317
LAUREN C & SHAUNA J KOPP
8020 HIDDEN LN
CHANHASSEN MN 55317
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JANINE M SWANK
8071 ItIDDEN CIR
CI-L,~NHASSEN MN
55317
DISCOVERY UNITED METH CHURCH
950 TRUMBLE ST
CHASKA MN 55318
JULIE K REDMOND
8081 HIDDEN CIR
CHANHASSEN MN
55317
BLUE CIRCLE INVESTMENT CO
1304 MEDICINE LAKE $311~ 301
PLYMOUTH MN 55441
NANCY L HELLAND
8091 HIDDEN CIR
CHANHASSEN MN
55317
CHANHASSEN NH P~URTNERSHIP
900 2ND AVE S 1100 INTERNATIOI'
MINNEAPOLIS MN 55402
MARK & CARLA THOMPSON
311 HIDDEN LN
CHANHASSEN MN 55317
HOLIDAY STATION STORES INC
4567 80TH ST W
BLOOMINGTON MN 55437
I'HOMAS J & JODI E SCHLEYER
321 HIDDEN LN
CHANHASSEN MN 55317
BRIAN E SEMKE &
DEBORAIt C DEUTSCH
331 HIDDEN LN
CHANHASSEN MN
55317
ROBERT J & LOIS A SAVAP. D
8080 MARSH DR
CtlANIIASSEN MN 55317
JASON K & LAURA J LEHMAN
8090 MARStt DR
CHANHASSEN MN 55317
GRACE DEVELOPMENT LLC
C/O NORTHCOTT COMPANY
250 LAKE DR E
CHANHASSEN MN 55317
CHANHASSEN HRA
7700 MARKET BLVD.~-PO'i~OX 147
/
CHANHASSEN /MN 55317
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