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1. Holiday Stationstore Sign Variance ~ ~ u ~ ~ ~ ~ -< -< ~ -< ~ ~ ~ ~ 00. PC DATE: 6/5/07 OJ CC DATE: 6/25/07 CITY OF CHANHASSEN REVIEW DEADLINE: 6/26/07 CASE #: 07-12 BY: AA STAFF REPORT PROPOSAL: Request for an Illuminated Canopy Sign above Gas Pumps LOCATION: APPLICANT: 2960 West 82nd Street Lot 1 and Lot 1, Arboretum Business Park 3rd Addition (~ Scott Meister Amtech Lighting 6077 Lake Elmo Ave N Stillwater, MN 55082 PRESENT ZONING: Planned Unit Development (PUD) 2020 LAND USE PLAN: Office/Industrial ACREAGE: 1.87 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting a variance for one set of illuminated channel letters for the front elevation of the existing canopy over the gas pumps. Notice of this public hearing has been mailed to all property owners 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 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. Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 2 of4 PROPOSAL SUMMARY The applicant is proposing signage on the existing canopy above the gas pumps. The property is zoned Planned Unit Development (PUD). The proposed canopy signage was not permitted in the Development Design Standards, which were adopted for the entire development. When the site was approved for development, the staff report specifically stated that signage would not be allowed on the gas canopy. The purpose ofthe applicant's request is to accommodate the new hours of operation. The gas station is now open 24 hours. The applicant argues that without illuminated signage on the canopy, the site does not appear to be open for business at night. APPLICABLE REGUATIONS Arboretum Business Park 3RD Addition Development Contract/PUn Agreement All freestanding signs be limited to monument signs. Sec. 20-913. Lighting. (a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. (d) Wall mounted lighting in commercial, industrial, and institutional districts shall comply with the following: (1) All wall mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. I i I ~ Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 3 of4 (e) Lighting shall not be directed skyward except for lighting designed for illuminating the United States of America Flag. Article XXVI Signs. Division 1 Variances. Sec. 20-1253 Sec. 20-1253. A [ sign] variance may be granted from the requirements 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 ofthis ordinance. BACKGROUND On February 8, 1999, the City Council approved site plan #99-1 for a 5,737 square-foot Kwik Trip convenience store and gas station with a drive-through car wash on Lot 1, Block 1, Arboretum Business Park 3rd Addition. This project was later taken over by Citgo and revised to a 6,309 square foot building. In 2007, the project was taken over by Holiday Stationstores. As part of the PUD Development Contract for Arboretum Business Park 3rd Addition, approved February 8, 1999, all freestanding signs shall be limited to monument signs and signage is not permitted on the gas canopy. ANALYSIS The applicant states that the purpose of the signage is to advertise the fact that the store is now open 24 hours. This is not reflected anywhere in the proposed copy; it only states the name and logo of the business. According to City Code section 20-913 (a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits ofthe site from which it originates. To comply with this section, the canopy lights, as per approval of development, were recessed. By Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 4 of 4 allowing the illuminated canopy signage, light will be visible beyond the site from which it originates and diffused into the sky and have a visual impact on adjacent properties such as the Minnesota Landscape Arboretum. The purpose of the lighting requirement is to reduce and eliminate "light pollution" within the city. The Holiday Station received approval for three new signs in March of2007; two monument signs, one on West 82nd Street, one on Highway 41; and one wall sign above the entrance to the building. The monument signs are both illuminated, the sign along West 82nd Street has a changeable copy portion ofthe sign. Holiday could advertise their new hours on this sign. Additionally, window signage stating 24-hour operation would be possible. This signage would provide adequate opportunity to advertise the store's new hours of operation. FINDINGS Chanhassen City Code Section 20-1253 Sign Variances states that a variance may be granted where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship. Based on the adequacy of existing signage, staff concludes that there is not a hardship regarding signage on this property due to topography or other conditions. The canopy itself is illuminated and there is an illuminated monument sign at each street frontage; one of which has changeable copy; which could be used to advertise the new store hours. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #07-12 for canopy signage above the gas pumps based on the attached findings of fact." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice Affidavit of Mailing. 4. Proposed Survey. g:\plan\2007 planning cases\07-12 holiday stationstore sign variance\holiday sign var report. doc