CAS-04_ARBORETUM TIRE & AUTO ELECTRONIC MESSAGE CENTER SIGNDocument No. OFFICE OF THE
COUNTY RECORDER
A 502854 CARVER COUNTY, MINNESOTA
Fee $46 00
Cert fled Recorded on 6119I2009
mim��iin
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT 09-04
Receipt#
at 04:00 ❑AMYJNM
Carl W. Hanson Jr.
County Record r
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following Conditional Use Permit:
The City Council approves Planning Case #09-04 for a Conditional Use Permit to
allow an electronic message center on a monument sign for Arboretum Tire and
Auto, located at 8175 Hazeltine Boulevard. The granting of the Conditional Use
Permit is final.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The permit is issued subject to the following conditions:
The sign shall comply with standards for electronic message center signs
as outlined in the City Code.
2. A sign permit must be applied for and approved prior to installation.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: May 11, 2009
SCANNED
U
CITY OF CHANHASSEN
BY: rL
A:�-Q,
Tom Furlong, Mayor
(SEAL)
AND: Z112'kz
T dd Gerhardt, City Manager
STATE OF MINNESOTA
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this /, day of 2001,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of anhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
KAREN J. ENGELHARDT
3 & Notary Public -Minnesota
o
My Commission Expires Jan 31, 2010
Fa
EXHIBIT A
LEGAL DESCRIPTION
That part of the South Half of the Northwest Quarter of Section 16, Township 116 North, Range
23 West, described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet to the actual point of beginning of the land to be described; thence continuing North
0 degrees 52 minutes 20 seconds West, a distance of 300 feet; thence South 89 degrees 52
minutes 35 seconds East along a line parallel with the South line of said Northwest Quarter, a
distance of 457 feet; thence South 0 degrees 52 minutes 20 seconds East, a distance of 300
feet; thence North 89 degrees 52 minutes 35 seconds West, parallel with the South line of said
Northwest Quarter, a distance of 457 feet to the point of beginning, Carver County, Minnesota.
Which lies north of the South 100 feet thereof, and which lies southwesterly and westerly of the
following described line.
Commencing at the Southwest comer of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet; thence continuing North 0 degrees 52 minutes 20 seconds West a distance of 300
feet; thence South 89 degrees 52 minutes 35 seconds East along a line parallel with the South
line of said Northwest Quarter, a distance of 376.85 feet, to the point of beginning of the line to
be described; thence South 29 degrees 26 minutes 10 seconds East, a distance of 50.84 feet;
thence South 0 degrees 15 minutes 42 seconds East, a distance of 155.74 feet, to the north
line of the above described south 100 feet and said line there terminating.
gAuser\vickAspa\schlangw legal.doc
Uri -uT
Document No. OFFICE OF THE
COUNTY RECORDER
A 502853 CARVER COUNTY, MINNESOTA
Fee $46 00 Receipt#
Certified Recorded on 611912009 at 04:00 ❑ A
todP M
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTEES, MM4ESOTA
VARIANCE 09-04
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The City Council approves Planning Case #09-04 for a sign variance from the
individual dimension lettering requirement on property located at 8175 Hazeltine
Boulevard. The granting of the variance is final.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The variance approval is subject to the following conditions:
1. The sign shall comply with standards for electronic message center signs as
outlined in the City Code.
2. A sign permit must be applied for and approved prior to installation.
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dated: May 11, 2009
SCANNED
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF�CHA�N�HASSEN
BY:
Thomas A. Furlon , May
AND: a L sz-.wk
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of danhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147 ( 1
Chanhassen, MN 55317 1[\
(952)227-1100
r
Wit
PA14 . s .
IvWKA711NENGELeRDTnblic-MinAota
CsaloExpJan,070312
EXHIBIT A
LEGAL DESCRIPTION:
That part of the South Half of the Northwest Quarter of Section 16, Township 116 North, Range
23 West, described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet to the actual point of beginning of the land to be described; thence continuing North
0 degrees 52 minutes 20 seconds West, a distance of 300 feet; thence South 89 degrees 52
minutes 35 seconds East along a line parallel with the South line of said Northwest Quarter, a
distance of 457 feet; thence South 0 degrees 52 minutes 20 seconds East, a distance of 300
feet; thence North 89 degrees 52 minutes 35 seconds West, parallel with the South line of said
Northwest Quarter, a distance of 457 feet to the point of beginning, Carver County, Minnesota.
Which lies north of the South 100 feet thereof, and which lies southwesterly and westerly of the
following described line.
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet; thence continuing North 0 degrees 52 minutes 20 seconds West a distance of 300
feet; thence South 89 degrees 52 minutes 35 seconds East along a line parallel with the South
line of said Northwest Quarter, a distance of 376.85 feet, to the point of beginning of the line to
be described; thence South 29 degrees 26 minutes 10 seconds East, a distance of 50.84 feet;
thence South 0 degrees 15 minutes 42 seconds East, a distance of 155.74 feet, to the north
line of the above described south 100 feet and said line there terminating.
g:WseAvicki\spAschlangen legal.doc
Oct- 04
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE JOB NO.
5/21 /09 09-04
ATTENTION
Sue Nelson
RE:
Document Recording
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
5/11/09
09-04
Variance Arboretum Tire & Auto Sign Variance
1
5/11/09
09-04
Conditional Use Permit Arboretum Tire & Auto LED Sign)
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
Foryouruse
❑
As requested
❑
For review and comment
❑
FORBIDS DUE
REMARKS
COPY TO: Michael Schlangen
❑
Approved as submitted
❑
Resubmit
copies for approval
❑
Approved as noted
❑
Submit
copies for distribution
❑
Returned for corrections
❑
Return
corrected prints
® For Recording
❑ PRINTS RETURNED AFTER LOAN TO US
If enclosures are not as noted, kindly notify us at once.
SCANNED
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
VARIANCE 09-04
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following variance:
The City Council approves Planning Case #09-04 for a sign variance from the
individual dimension lettering requirement on property located at 8175 Hazeltine
Boulevard. The granting of the variance is final.
2. Property. The variance is for property situated in the City of Chanhassen, Carver
County, Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The variance approval is subject to the following conditions:
1. The sign shall comply with standards for electronic message center signs as
outlined in the City Code.
2. A sign permit must be applied for and approved prior to installation.
4. Lapse. If within one (1) year of the issuance of this variance the allowed
construction has not been substantially completed, this variance shall lapse.
Dated: May 11, 2009
CITY OFFCCH�A�N_HA,(SSSSEN
BY: a
V--�
(SEAL) Thomas A. Furlong, May
AND: a Lik
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this L day of
2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of danhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council. //
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
VOTA" PUBLIC
KAREN J. ENGELHARDT
'4
Notary Public -Minnesota
cOf^m��O^� Jan 31, 2010
Fa
EXHIBIT A
LEGAL DESCRIPTION:
The following described land situated in the County of Carver and State of Minnesota:
Tractl: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Beginning
at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the
Northeast comer of said Section 2; thence North along the East line of said Section 2 a distance
of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a
distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last
described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a
radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of
the tract of land to be described; last described curve being hereinafter designated and referred to
as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle
northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the
Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of
beginning.
Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning
at a point in the East line of Section 2 distant 472 feet South of the Northeast comer of said
Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence
Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76
feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance
of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a
distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the
shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an
intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from
point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point
of beginning, excepting therefrom the following described premises, to —wit: That part of
Sections 1 and 2, Township 116, Range 23, described as follows: Commencing at a point in the
East Line of Section 2, distant 472 feet South of the Northeast comer of Section 2; thence North
along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve
to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence
Southwesterly along said curve to said East line of Section 2; thence South along said East Line
of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or
less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to the
intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of
beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning.
Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark,
the State of Minnesota being the owner of all of said portion, if any, lying below the natural
ordinary low water mark, it being recognized that said lake is a navigable public body of water,
provided, however, that the applicants shall have the usual riparian rights that attach to land
riparian to navigable public bodies of water incident to the ownership thereof. For the purposes
of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range
23, is assumed to be a due North and South line. According to the Government survey thereof.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT 09-04
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants the following Conditional Use Permit:
The City Council approves Planning Case #09-04 for a Conditional Use Permit to
allow an electronic message center on a monument sign for Arboretum Tire and
Auto, located at 8175 Hazeltine Boulevard. The granting of the Conditional Use
Permit is final.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The permit is issued subject to the following conditions:
The sign shall comply with standards for electronic message center signs
as outlined in the City Code.
2. A sign permit must be applied for and approved prior to installation.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: May 11, 2009
CITY OF CRANHASSEN
BY:
Tom Furlong, Mayor
(SEAL)
AND: av: j&
T dd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this laffi'day of 200�,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of anhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
�7 �a
ju'_j�,fjjmLK'AIIN J. EN6ELHARDT
ry Public -Minnesota
mkslon Exoras Jan 31, 2010
2
EXHIBIT A
LEGAL DESCRUMON:
The following described land situated in the County of Carver and State of Minnesota:
Tractl: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Beginning
at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the
Northeast corner of said Section 2; thence North along the East line of said Section 2 a distance
of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a
distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last
described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a
radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of
the tract of land to be described; last described curve being hereinafter designated and referred to
as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle
northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the
Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of
beginning.
Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning
at a point in the East line of Section 2 distant 472 feet South of the Northeast corner of said
Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence
Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76
feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance
of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance
of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of
Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection
with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of
beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of
beginning, excepting therefrom the following described premises, to —wit: That part of Sections 1
and 2, Township 116, Range 23, described as follows: Commencing at a point in the East Line of
Section 2, distant 472 feet South of the Northeast corner of Section 2; thence North along the
East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right
with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly
along said curve to said East line of Section 2; thence South along said East Line of Section 2, a
distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore
of Christmas lake; thence Northeasterly along the shore of said lake to the intersection with a line
bearing north 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South
72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that
portion, if any, which lies below the natural ordinary low water mark, the State of Minnesota
being the owner of all of said portion, if any, lying below the natural ordinary low water mark, it
being recognized that said lake is a navigable public body of water, provided, however, that the
applicants shall have the usual riparian rights that attach to land riparian to navigable public
bodies of water incident to the ownership thereof. For the purposes of the descriptions of the
above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a
due North and South line. According to the Government survey thereof.
May 13, 2009
f OF
�]�
Michael Schlangen
CgAUSENArboretum
Tire & Auto
7700 Market Boulevard
8175 Hazeltine Boulevard
PC Box 147
Chanhassen, MN 55317
Chanhassen, MN 55317
Re: Conditional Use Permit for an Electronic Message Center Sign and
Sign Variance from the individual dimension lettering requirement,
Administration
minimum 1/2-inch depth — Planning Case #09-04
Phone:952.227.1100
Fax: 952.227.1110
Dear Mr. Schlangen:
Building Inspections
Phone:952.227.1180 This letter is to formally notify you that on May 11, 2009, the Chanhassen City
Fax:952.227.1190 Council voted to approve the following motion:
g
"The Chanhassen City Council approves a Conditional Use Permit to allow an
Plane:952227.1160
electronic message center on a monument sign for Arboretum Tire and Auto, located
Fax:952.227.1170
at 8175 Hazeltine Boulevard, and approves a sign variance from the individual
Finance
dimension lettering requirement, Planning Case #09-04, with the following
Phone:952.227.1140
conditions:
Fax: 952.227.1110
1. The sign shall comply with standards for electronic message center signs as
Park 8Recreation
outlined in the City Code.
Phone:952.227,1120
Fax: 952.227.1110
2. A sign permit must be applied for and approved prior to installation"
Recreation Center
2310 Coulter Boulevard
The Conditional Use Permit and Variance are valid for one year from the
Phone:952.227.1400
approval date. A sign permit must be applied for prior to May 11, 2010 through
Fax:952.227.1404
the City's planning department. If you have any questions, please contact me at
952-227-1132 or by email at akairies@ci.chanhassen.mn.us.
Planning &
Natural Resources
Phone:952.227.1130
Sincerely,
Fax:952.227.1110
Public Works
Angie airies
1591 Park Road
Planner I
PIm:952.227.1300
Fax: 952.227.1310
c: Sign Permit File
senior center
Phone: 952.227.1125
g1planx2009 planning ca %09-04 atlwtetum tire & aum led mw t sipMetta of appmvalAm
Fax: 952.227.1110
web site
www.ci.chanhassen.m.us;
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
SCANNED
Oa-64
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISON
Application of Michael Schlangen for Conditional Use Permit approval for an electronic
message center, and Sign Variance approval from the individual dimension lettering,
minimum 1/2-inch depth, to allow flat cabinet lettering as part of a monument sign in
Arboretum Business Park, PUD.
On May 11, 2009, the Chanhassen City Council met at its regularly scheduled
meeting to consider the application of Michael Schlangen for a conditional use permit
and sign variance for the property located at 8175 Hazeltine Boulevard and now makes
the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development (PUD).
2. The property is guided by the Land Use Plan for Offtce/Industrial.
3. The legal description of the property is described in Exhibit A.
4. On April 21, 2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting and conducted a public hearing on the proposed Conditional Use
Permit and Sign Variance which was preceded by published and mailed notice. The
Planning Commission recommended approval of the conditional use permit and
denial of the sign variance.
5. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The LED message center sign is permitted as a conditional use and
meets the criteria as outlined in the sign ordinance for electronic message center
signs. It will not endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
$CANNED
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
c. 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: The sign meets the zoning district requirements and the design
standards of the Arboretum Business Park Planned Unit Development. The
monument sign will be constructed of black steel and will mimic the design of the
windows on the building. It is architecturally compatible with the development.
The LED message center area meets the sign ordinance requirements and design
standards as outlined in the City Code.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are the Minnesota Landscape Arboretum (A2)
and Office/Industrial uses as part of the Arboretum Business Park (PUD). The
message center sign meets the requirements as outlined in the City Code and will
not be hazardous or disturb existing or planned neighboring uses.
e. 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: The site is currently serviced by municipal services, which are adequate
for the development.
Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions
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: The use is consistent with the standards of the sign ordinance as well as
the Arboretum Business Park development standards and will not be detrimental
to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking requirements were implemented
during construction of Arboretum Tire and Auto in 2001. Access to the site will
not be impaired with the addition of the electronic message center sign.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The electronic message center is part of a monument sign and will not
be detrimental to surrounding solar, natural, scenic, historic features.
j. Will be aesthetically compatible with the area.
Finding: The proposed sign will be architecturally compatible with the existing
building and complies with the sign ordinance and design standards of the
Arboretum Business Park development.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
I. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Arboretum Business Park development
and complies with the standards for electronic message center signs as outlined in
Section 20-1259(2):
No electronic message center sign may be erected that, by reason of position,
shape, movement or color interferes with the proper functioning of a traffic
sign, signal or which otherwise constitutes a traffic hazard. The nearest
traffic signal is approximately 500 feet south of the monument sign. The
applicant's intent for the electronic message center sign is to advertise
specials and promotional events to attract motorists and direct traffic into
the site. The electronic message center sign will not use animation,
flashing, scrolling, or other special effects that will create a traffic hazard.
2. Electronic message center displays shall not exceed 5,000 Nits between the
hours of civil sunrise and civil sunset and shall not exceed 500 Nits between
the hours of civil sunset and civil sunrise. The sign will comply with this
condition.
3. Electronic message center signs shall not cause direct glare nor become a
distraction due to excessive brightness. The brightness of the message
center will comply with the maximum Nits allowed by ordinance.
4. The lamp wattage and luminance level in candelas per square meter (Nits)
shall be provided at the time of permit applications. The applicant submitted
the wattage which shall comply with this ordinance.
5. There shall be no electronic message center signs in the front setback area
within 50 feet of a street intersection (as measured from intersecting right-of-
way lines) or within 125 feet of a residential district, except where lighting for
such sign is indirect or diffused and in no way constitutes a traffic hazard.
The nearest intersection is approximately 500 feet south of the proposed
sign. There are not any residential districts within 125 feet of the proposed
sign.
6. Electronic and non -electronic message center space used on a sign shall not
exceed a total of 40 square feet or 25 percent of the allowable sign area,
whichever is less. The message displayed on electronic message center signs
shall be depicted in one statement and not a continuing sentence or flow of
information. Flashing, scrolling, special effects or animated scenes on
electronic reader boards shall be prohibited. The electronic message center
occupies 19.5 square feet or 25% of the sign display area. The sign will not
use animation, flashing, scrolling or other special effects that will cause a
traffic hazard.
7. Electronic message center signs shall not be located in agricultural or
residential zoning districts. The site is zoned Planned Unit Development
(PUD) and is guided Office/Industrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of
single-family residential homes shall be limited to the hours between 6:00
a.m. and 10:00 p.m. The sign is not located within 500 feet of a single-
family dwelling.
6. Sign Variance Findings:
a. The City Council, upon the recommendation of the Planning Commission, may
grant a variance from the requirement of this ordinance where it is shown that by
reason of topography or other conditions, strict compliance with the requirements of
this ordinance would cause a hardship; provided that a variance may be granted only
if the variance does not adversely affect the spirit or intent of this ordinance.
Finding: The monument sign is located on a berm along Highway 41. The sign is
visible to motorists and provides a reasonable and equitable opportunity to
advertise the name and service. The existing sign to be replaced does not have
dimension letters; therefore, the requested flat panel sign will be consistent with
the pre-existing conditions of the site.
a
7. The planning report, Planning Case #09-04 dated April 21, 2009, prepared by Angie
Auseth,et al, is incorporated herein.
RECOMMENDATION
The City Council approves Planning Case #09-04 for a conditional use permit for an
electronic message center and approval of the sign variance request.
ADOPTED by the Chanhassen City Council this 11`" day of May, 2009.
CHANHASSEN CITY COUNCIL
BY:
Its Mayor
W
LWOlakilln.,
That part of the South Half of the Northwest Quarter of Section 16, Township 116 North, Range
23 West, described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet to the actual point of beginning of the land to be described; thence continuing North
0 degrees 52 minutes 20 seconds West, a distance of 300 feet; thence South 89 degrees 52
minutes 35 seconds East along a line parallel with the South line of said Northwest Quarter, a
distance of 457 feet; thence South 0 degrees 52 minutes 20 seconds East, a distance of 300
feet; thence North 89 degrees 52 minutes 35 seconds West, parallel with the South line of said
Northwest Quarter, a distance of 457 feet to the point of beginning, Carver County, Minnesota.
Which lies north of the South 100 feet thereof, and which lies southwesterly and westerly of the
following described line.
Commencing at the Southwest comer of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet; thence continuing North 0 degrees 52 minutes 20 seconds West a distance of 300
feet; thence South 89 degrees 52 minutes 35 seconds East along a line parallel with the South
line of said Northwest Quarter, a distance of 376.85 feet, to the point of beginning_of the line to
be described; thence South 29 degrees 26 minutes 10 seconds East, a distance of 50.84 feet;
thence South 0 degrees 15 minutes 42 seconds East, a distance of 155.74 feet, to the north
line of the above described south 100 feet and said line there terminating.
gAoser\vickAspa\schlangen legal.dw
C)q-0q
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECONMENDATION
Application of Michael Schlangen for Conditional Use Permit approval for an electronic
message center and Sign Variance approval from the individual dimension lettering,
minimum Ih-inch depth, to allow flat cabinet lettering as part of a monument sign in
Arboretum Business Park, PUD.
On April 21, 2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Michael Schlangen for a conditional use
permit and sign variance for the property located at 8175 Hazeltine Boulevard. The
Planning Commission conducted a public hearing on the proposed Conditional Use
Permit and Sign Variance which was preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and
now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development (PUD).
2. The property is guided by the Land Use Plan for Office/Industrial.
3. The legal description of the property is described in Exhibit A.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The LED message center sign is permitted as a conditional use and
meets the criteria as outlined in the sign ordinance for electronic message center
signs. It will not endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
SCANNED
c. 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: The sign meets the zoning district requirements and the design
standards of the Arboretum Business Park Planned Unit Development. The
monument sign will be constructed of black steel and will mimic the design of the
windows on the building. It is architecturally compatible with the development.
The LED message center area meets the sign ordinance requirements and design
standards as outlined in the City Code.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are the Minnesota Landscape Arboretum (A2)
and Office/Industrial uses as part of the Arboretum Business Park (PUD). The
message center sign meets the requirements as outlined in the City Code and will
not be hazardous or disturb existing or planned neighboring uses.
e. 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: The site is currently serviced by municipal services, which are adequate
for the development.
Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions
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: The use is consistent with the standards of the sign ordinance as well as
the Arboretum Business Park development standards and will not be detrimental
to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking requirements were implemented
during construction of Arboretum Tire and Auto in 2001. Access to the site will
not be impaired with the addition of the electronic message center sign.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The electronic message center is part of a monument sign and will not
be detrimental to surrounding solar, natural, scenic, historic features.
j. Will be aesthetically compatible with the area.
Finding: The proposed sign will be architecturally compatible with the existing
building and complies with the sign ordinance and design standards of the
Arboretum Business Park development.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
I. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Arboretum Business Park development
and complies with the standards for electronic message center signs as outlined in
Section 20-1259(2):
No electronic message center sign may be erected that, by reason of position,
shape, movement or color interferes with the proper functioning of a traffic
sign, signal or which otherwise constitutes a traffic hazard. The nearest
traffic signal is approximately 500 feet south of the monument sign. The
applicant's intent for the electronic message center sign is to advertise
specials and promotional events to attracting motorists and direct traffic
into the site. The electronic message center sign will not use animation,
flashing, scrolling, or other special effects that will create a traffic hazard.
2. Electronic message center displays shall not exceed 5,000 Nits between the
hours of civil sunrise and civil sunset and shall not exceed 500 Nits between
the hours of civil sunset and civil sunrise. The sign will comply with this
condition.
3. Electronic message center signs shall not cause direct glare nor become a
distraction due to excessive brightness. The brightness of the message
center will comply with the maximum Nits allowed by ordinance.
4. The lamp wattage and luminance level in candelas per square meter (Nits)
shall be provided at the time of permit applications. The applicant submitted
the wattage which shall comply with this ordinance.
There shall be no electronic message center signs in the front setback area
within 50 feet of a street intersection (as measured from intersecting right-of-
way lines) or within 125 feet of a residential district, except where lighting for
such sign is indirect or diffused and in no way constitutes a traffic hazard.
The nearest intersection is approximately 500 feet south of the proposed
sign. There are not any residential districts within 125 feet of the proposed
sign.
6. Electronic and non -electronic message center space used on a sign shall not
exceed a total of 40 square feet or 25 percent of the allowable sign area,
whichever is less. The message displayed on electronic message center signs
shall be depicted in one statement and not a continuing sentence or flow of
information. Flashing, scrolling, special effects or animated scenes on
electronic reader boards shall be prohibited. The electronic message center
occupies 19.5 square feet or 25% of the sign display area. The sign will not
use animation,, flashing, scrolling or other special effects that will cause a
traffic hazard.
7. Electronic message center signs shall not be located in agricultural or
residential zoning districts. The site is zoned Planned Unit Development
(PUD) and is guided Office/Industrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of
single-family residential homes shall be limited to the hours between 6:00
a.m. and 10:00 p.m. The sign is not located within 500 feet of a single-
family dwelling.
5. Sign Variance Findings:
a. The City Council, upon the recommendation of the Planning Commission, may
grant a variance from the requirement of this ordinance where it is shown that by
reason of topography or other conditions, strict compliance with the requirements of
this ordinance would cause a hardship; provided that a variance may be granted only
if the variance does not adversely affect the spirit or intent of this ordinance.
Finding: The monument sign is located on a berm along Highway 41. The sign is
visible to motorists and provides a reasonable and equitable opportunity to
advertise the name and service. The intent of the individual dimension lettering,
minimum 1/2-inch depth, is to provide uniform signage throughout the
development and variation in detail and form provides visual interest. Granting a
variance from the required 1/z-inch depth will not increase the businesses visibility
0
and opportunity to advertise. This request is a self-created hardship. Granting of
the variance may create a precedent to grant similar requests in the future.
6. The planning report, Planning Case #09-04 dated April 21, 2009, prepared by Angie
Auseth, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve Planning Case
#09-04 for a conditional use permit for an electronic message center and deny the sign
variance request.
ADOPTED by the Chanhassen Planning Commission this 215` day of April, 2009.
COMMISSION
M
OF CHANHASSEN
TER & HENNEPIN
NOTICE OF PUBLIC HEARING
PLANNING CASE NO. 09-04
NOTICE IS HEREBY GIVEN
that the Chanhassen Planning
Commission will hold a public
hearing on Tuesday. April 21, 2009,
at7:00p.M. in the Council Chambers
in Chanhassen. City Hall, 7700
Market Blvd. The purpose of this
hearing is to consider a request for
a Conditional Use Permit to allow
an Electronic Message Center Sign
with Variances as part of a
monument sign on property zoned
Planned Unit Development, PUT)
located at 8175 Hazeltine Boulevard
- ARBORETUM TIRE & AUTO.
Applicant/Owner: Michael
Schlangen.
A plan showing the location of
the proposal is available for public
review on the City's web site at
www.ci. hanhaa5en ran us/serv/
P1411/09-09 html or at City Hall
during regularbusiness hours. All
interested persons are invited to
attend this public hearing and
express their opinions with respect
to this proposal.
Angie Auseth, Planner I
Email:
aauseth(adci.chanhassen.mn.us
Phone: 952-227-1132
(Published in the Chanhassen
Villager on Thursday, April 9, 2009;
No. 4190)
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 Herald 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. 7 t�
G
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:
abcdefghijklmnopgrs
Laurie A. Hartmann
Subscribed and sworn before me on
this jday of �'µ . 2009
JYMME J. BARK
�NOTARY PUBLIC - MINNESOTA
My Commission Expires 01/31/2013
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 .............................................. $12.43 per column inch
BCftNeo
City Council Meeting - May 11, 2009
upgrade reflects Standards and Poors recognition of the City's superior financial and debt
management practices and policies. Very healthy reserve levels. It also reflects the City's
participation in the Twin Cities economic based, this growing and diverse employment base. It's
above average wealth and income levels and it's expectations that the City will be able to
manage it's debt levels and sustain it's strong financial reserves. So it's almost as good as Lake
Wobegon in terms of the things that they're saying about you but I'd like to just offer this over as
a recognition.
Mayor Furlong: Thank you very much.
Mark Ruff: Congratulations.
Mayor Furlong: Do you want to take pictures at this point or?
Todd Gerhardt: Yeah if we could. Let's take a picture and we can have cake afterwards and
then we can get Mike done here so he can get off the pins and needles here seeing if he's going
to get a sign or not.
The council took a short recess at this point to take a photograph commemorating this
event.
ARBORETUM TIRE AND AUTO: CONSIDER APPROVAL OF A CONDITIONAL
FROM THE INDIVIDUAL DIMENSION LETTERING: LOCATED AT 8175
HAZELTINE BOULEVARD. APPLICANT/OWNER: MICHAEL SCHLANGEN.
Kate Aanenson: Thank you Mayor, members of the council. As was indicated there's two
applications before you tonight. One is for a conditional use for an electronic message center
and the second is a request for a variance from the standards of the sign permit itself. The
Planning Commission held a public hearing on April 21" and voted 4 to 0 to approve the
recommended for, approval for the conditional use but denial of the sign variance. This site
itself is located on 41 across from the Landscape Arboretum. This site itself was put into a PUD
for the Arboretum Business Park. It does meet the standards of the current sign as shown on the
location here. On Highway 41. It does meet the sign ordinance except for in 2006 we have
required dimensional letters but when this was put in place it was put in with a flat face. In 2006,
we've always said dimensional letters. There's a lot of, there was some ambiguity of what
exactly dimensional letters were so we clarified that in 2006 and said the half inch and that's
what's being requested tonight. Not to do the half inch proposal. So currently this sign is out
there. Again the request is to do the electronic message center. Looking like this. So you've got
the reader message area which to scales on the red there, and that meets our current ordinance.
And then the rest of the sign meets our ordinance. It does meet the standards as far as the
architectural compatibility. There was some discussion about color coordination but really the
ordinance addresses the compatibility regarding the structure of the sign. The building itself, let
me see if I can go to that. The building itself has the metal trim around the windows and that's
what this is pulling off that character so in our minds it does meet that intent so really then the
13
City Council Meeting - May 11, 2009
Planning Commission did spend some time talking about whether the Arboretum Tires needs to
be red or not but that's really a proprietary issue. It's up to how the business owner wants to do
it. It's really talking about the standards itself. So if you go back to the variance for the
dimensional letters, it's really to advertise the name of the business itself and just add some
individual interest. If you drove around the city there's a lot of different application of how this
is being done. Some of it's done going through relief, embossing. Some of it's actually punched
out. There's a lot of different applications of the half inch relief. So this compliance table then
would show you the requirements of the sign and the proposed monument, so you can see in all
the requests that are being put forward today, the only portion that doesn't meet it is the one half
inch. Otherwise it is in full compliance. So I'm just going to leave it on that slide there. So if
you have any questions I'd be happy to answer those.
Mayor Furlong: Thank you. Questions for staff at this time. The one question I had Ms.
Aanenson, and I think you mentioned it so I'm glad you brought it up because I saw it brought
up in the Planning Commission minutes and that is the current monument sign. This is a
replacement of a current monument sign, correct?
Kate Aanenson: That's correct.
Mayor Furlong: And the current monument sign has the name of the business. I don't know if
you have a picture of the current.
Kate Aanenson: Yeah, ...to the current.
Mayor Furlong: There it is okay. So it's the name of the business and hours and then a manual
message in terms of services.
Kate Aanenson: Correct.
Mayor Furlong: And they're looking to replace that with the electronic.
Kate Aanenson: Correct.
Mayor Furlong: But the Arboretum Tire and Auto, the name of the business, that currently is a
flat panel.
Kate Aanenson: That is correct and it's currently flat.
Mayor Furlong: He's requesting a similar type of sign as what he currently has.
Kate Aanenson: Correct.
Mayor Furlong: Okay.
Kate Aanenson: Yeah. So it's consistent with what's out there today. The flat part of it and it is
a changeable copy but today's changeable copy is probably now considered LED.
14
03"AA08
City Council Meeting - May 11, 2009
Mayor Furlong: Right. Right, okay.
Kate Aanenson: It's still, back then that was called a state of the art changeable copy. You just
had to manually change it.
Mayor Furlong: It's amazing how art has changed.
Kate Aanenson: Yes, there you go.
Mayor Furlong: Okay. Alright. Okay, thank you. Any other questions of staff at this time?
Okay. Mr. Schlangen, you're here. Would you like to address the council as the applicant?
Mike Schlangen: Mayor, council members. Hi, my name is Mike Schlangen and what we're
trying to do is just replace this sign with what we have. Try to keep it real similar to what we
have and try to keep it looking aesthetically pleasing and easy to clean and just nice and
appealing to our customers.
Mayor Furlong: Okay. The question I think you mentioned at again the Planning Commission,
why not more emphasis on the sign, the name of the business versus the message or the services
that you're trying to advertise.
Mike Schlangen: Well we're not a chain store. We're not a huge box store or anything else and
so our message of services and stuff that we do are very important because people are not going
to recognize our name as quickly as they would some of our competitors and it's really important
for us to get our message out as far as what we do for services so they'll stop in and give us a
chance.
Mayor Furlong: Okay. Alright, thank you. Any other questions for Mr. Schlangen? Mr.
McDonald.
Councilman McDonald: I have a question. What I read in the report is that I guess your feeling
is that you did not want the emphasis to the name. You want the emphasis to the services and
what you're looking at is that without the emphasis to the services you feel your business is not
going to be what it could be. What exactly do you base that upon?
Mike Schlangen: Well I feel that if people see what kind of services that we do, just to give you
an example. Somebody would come in for you know have a propane filled 4 or 5 times and
they'll look around and we must have 20-30 stacks of tires sitting there and people will look
around and say you sell tires here? People don't correlate Arboretum Tire and Auto necessarily
with all the different services that we do from major mechanical to minor mechanical and all the
different things that we're involved in so with having those messages out there about the
different services that we'd offer or hours of operation, those types of things, we'd encourage
people to come in and once they come in, we hopefully will be able to maintain their business.
Right now probably 90-95 percent of our business is repeat business and we'd hope to
15
City Council Meeting - May 11, 2009
encourage people to come in from those 20,000 cars a day that go by on 41. Did I answer your
question?
Councilman McDonald: Yes I believe so. Thank you.
Mayor Furlong: Other questions.
Councilman Litsey: So your emphasis you said is more on the special that you're running more
or less than it is on just the name recognition.
Mike Schlangen: Yes, special services. Hours of operation. Different things that would
encourage them to come in and that type of thing.
Councilman Litsey: Okay.
Mike Schlangen: I think that's really important for our small business.
Councilman Litsey: And you don't, you've got not any, you're basing it on? I guess too I'm
struggling a little bit with the data to support what you're saying. I trust you believe what you're
saying but I just, I don't know how you would gather that I guess outside of doing surveys or
something to say what caught your eye and what are you looking at so.
Mike Schlangen: Well just to give you another example. We probably get 1 or 2 calls a week,
you know what kind of trees should I plant with you know this type of thing and.
Councilman Litsey: Oh. Have you thought of expanding?
Mike Schlangen: That's a good idea.
Mayor Furlong: Arboretum Tire, Auto and Forestry Service.
Councilman Litsey: So yeah, the Arboretum is more connected to the actual Arboretum.
Mike Schlangen: And we did that for a couple of reasons. Number one, where it would fall in
the yellow pages type of thing where we got going. And number two, it's in the Arboretum
Business Park but I really believe that for us the emphasis is more important on the different
services that we have, to encourage people to come in and you know, like I said, once we get
them in you know then hopefully we can maintain that.
Councilman Litsey: Thanks.
Mayor Furlong: Thank you. Any other questions for Mr. Schlangen? Councilwoman
Tjornhom.
Councilwoman Tjomhom: Yeah, I think I have a couple questions. Obviously you need the sign
that you're putting in, it's the future. It's what most businesses are going to have. I think it's
1ri
-A
City Council Meeting - May 11, 2009
going to look attractive to be honest with you compared to what is along there now and it will
look far more attractive, Holiday don't listen to what I'm saying but compared to what the
Holiday sign looks like, which is right next to you. You know I think you're adding to the
signage on the street and the looks of it all but tell me, or tell the council how it is, or if it over
burdensome regarding the lettering requirement. And you know can you go into that a little bit
more detail for me about that.
Mike Schlangen: I think burdensome, if burdensome, it's a couple things. Number one is cost.
When you make a special sign like that, if you're a chain store you make one mold and you pay
for that mold and you can make 1,000 signs or you can make 1 sign. A big part of that cost is
your initial mold to make the sign and that's a you know, part of the cost. Part of it. The other
thing is the cleanliness of it. The cleaning. I think it looks more aesthetically appealing if you
can go out there a couple times a year and clean up. Get it nice and clean instead of you know
having the indentations, because from what I understood from the planning commission is that
you, we could indent the letters as well as have them out, is that correct?
Kate Aanenson: That's correct.
Mike Schlangen: And so to me it looks, it doesn't look as good with the dirt and grime and stuff
that builds up over time.
Councilwoman Tjomhom: And indenting would probably be just as costly as raised letters?
Mike Schlangen: Exactly.
Councilwoman Tjomhom: Compared to flat.
Mike Schlangen: Exactly.
Councilwoman Tjornhom: I think for now, I'll probably have some more questions or thoughts
later.
Mayor Furlong: Okay.
Councilwoman Tjomhom: But, and I guess this is for Kate. I always do this, they come up and
talk and then I ask Kate questions but how strict is our ordinance right now when it comes to
raised or letters and lettering?
Kate Aanenson: Sure. As I indicated we had before, there needed to be relief and as the city
attorney tell us you're not specific and so we had, was hard to articulate. Sometimes it was, I
know I was asked if all the businesses down there in the Arboretum Business Park have it. Yes.
Some of it's probably less than a quarter of an inch, but if you look in the downtown core there's
all different variations of, if you look at the Goddard School. Chapel Hill Academy. Even the
Legion site. Some of those are embossed, imbedded into the sign and I think it makes it really
nice. I think the goal here is just to have, to make it appealing and in this circumstance because
it's over the top of a, the lit part of it, and you know, but having said that. If you look at Chapel
17
City Council Meeting - May 11, 2009
Hills as a really nice indented relief so whether it's embossed or it does look very nice. It's an
aesthetic quality but their's is a little bit smaller just as Chapel Hill, this has a little bit more
language on there and visual character with the tire. Just make sure you don't get tree calls so.
So that's another goal you know. Really it's just an architectural feature, and the Planning
Commission has discussed this and you'll be seeing some of that as we move forward too but if
you look at 1 percent of the sign that is, again even the Goddard School their logo is kind of, it's
embossed so just all different types of applications. So what we were trying to clarify in 2006 is
just to say it needs to be at least a half inch because it's sometimes it appeared like there wasn't
any relief to it at all. And Holiday does have some relief. It's out there. We went back and
checked all those so there are older signs in town that don't meet the standards at all. Those are
all prior to the ordinance, prior to 2000. So we do try to work with them and see what meets
their needs and I guess that's the goal too. How they see their logo and their trademark.
Councilwoman Tjomhom: And I think that's important that you brought up that Chapel Hill has
you know a very nice sign. But they are located in a residential neighborhood you know and I
think this business is located along Highway 41 and so it's not necessarily as residential as other
places where signs aren't going to be displayed are so I think that needs to be considered also.
It's location and the business I guess too and I think it is a marked improvement. I mean I think
it's a beautiful sign so you know I don't know if it's reasonable always to add on extra costs or
burden for a raised letter if the sign is aesthetically pleasing and in the right location for such a
sign.
Councilman McDonald: If I could just kind of add onto that a little bit. When we did the
Holiday sign I did go out to the area and so I am familiar with it and you had it within your I
think application about the time that people have to actually see the sign and focus on stuff so
what got me was, you're right. You need, if you want to sell service, you have to draw attention
to what it is you want to sell and you've made the decision you want to sell services, and again in
passing down 41, either going north or south because of the topography, there is a very limited
time window I think for anyone driving on that road to focus on something and if what you're
telling us is you want them to focus on the services, then your argument carries a little bit more
weight with me and I guess what I'm wrestling with is again the ordinance. I understand the
purpose of it but I also you know again looking at this particular situation of where you're at, I
can see that well yeah, you maybe don't want them to focus so much. You don't want their
attention drawn to your name which is what we're trying to do by our ordinance. You do want it
drawn to whatever service you're trying to sell so that's what I'm struggling with in all of this is
that yes, in this location I think he is right as far as how much time you have to see the sign
because as you come over the hill or you're going up the hill, there's very little time to focus and
the speed limit up there is 55 at that point so people are going fairly quickly. So I think that also
adds a little bit of weight to your argument but I'll wait to hear what the rest of the council has to
say on this but as I stated earlier tonight, I'm open. I'm really struggling with this.
Mayor Furlong: Okay. Any other questions for Mr. Schlangen at this point?
Councilwoman Ernst: Kate.
Mayor Furlong: Oh, I'm sorry.
18
City Council Meeting - May 11, 2009
Councilwoman Ernst: Kate, when we're talking about the sign the emphasis really has been for
the most part for these variances that have come before City Council, have usually been on the
sign itself. The color of the sign. The location of the sign and I know that he's asking, it's like
our emphasis has been on the sign, not so much the lettering. But in this case when we're
talking, I agree with some of the comments that have been made where his emphasis is really on
the service. The lettering on the sign and just to speak to your, and just so I understand what
you're saying. So you're saying that there are variations in the city today to lettering correct?
Kate Aanenson: Right. I mean the older, well we've always had relief. That's always been a
requirement. And in 2006 we clarified the definition of relief meant at least a half inch and so
we, so there are some with less relief.
Councilwoman Ernst: Okay.
Kate Aanenson: Than a half inch. So the goal is just to provide for articulation and enhance
quality of just a straight, just for example the same reason we moved away from putting box
panels on walls. We go to individual channels. A little bit nicer look. Architectural and same
reason we kind of moved to a different grade, and that was really the intent of that. A little bit
higher architecture.
Councilwoman Ernst: So has there ever been, I guess this is the first time I've ever heard this
where we talk about the cleanliness of the sign. Is that something that we've looked at? Is there
really any factors that are built into that? I guess it's the fast time I've heard this.
Kate Aanenson: Yeah, and we've got other signs along highways. Highway 5 for example we
have quite a few. U.S. Bank. Some of those along Highway 5 so I'm assuming that most, we
haven't had complaints if that's, yeah. So I can see that might be you know an issue for
somebody but we don't get complaints on that. That it's onerous on that regard.
Councilwoman Ernst: Okay.
Mike Schlangen: More of an aesthetic appeal and some people like a Chevy. Some people like
a Ford but you know it's more of what you like you know as far as that's concerned. And I want
the sign to look nice. I want the building to look nice. I think you know hearing some of these
things tonight that I heard living in Chanhassen and having a business in Chanhassen, it's pretty
cool to realize that our financial shape is really good and our water quality is really good and
everybody's taking care of that and the same thing with the small business. You take care of it.
You want to make it look as good as possible. I don't want to put up a sign that isn't good for
me or isn't good for the city as well.
Councilwoman Ernst: Okay.
Mayor Furlong: Thank you. Anything else Mr. Schlangen? Thank you. Appreciate your
comments. Any follow up questions? For staff. I guess one that I have. Maybe it'll come out in
discussion but again it gets back to the issue of the current sign is a.
19
City Council Meeting - May 11, 2009
Kate Aanenson: Yep. Yes.
Mayor Furlong: He's asking for basically in terms of the sign make-up, there's a changeable
message and then there's the name of the business. And it's the same material, same design.
Kate Aanenson: Right, and I guess if you were leaning towards a variance, my recommendation
is, because the Planning Commission is studying this right now. Not to say, it kind of goes back
to that consistency model that we've talked about is if your rational basis is to say that he's had a
flat sign for a number of years. He's been out there for a number of years, that's kind of been his
design standard. That he stay within that as opposed to, and making it specific to this site as
opposed to saying, giving the variance for flat signs overall because I think you're going to be
seeing some additional information on that as we bring that forward to you. So maybe make it a
specifically for this project because he has a flat sign.
Mayor Furlong: My thought is I would agree with that. That we're dealing with this specific
issue. This specific request and not, not necessarily, because the overall signage issues, we make
changes to that on a periodic basis. You mentioned 2006. We made some I think this last year.
But those go through the process and it's a culmination of a lot of effort and information so I
wouldn't necessarily be saying, you know looking at a recommendation as a broad
recommendation but it's more considering the specifics in this case as we understand it and I
would agree with that from a process standpoint. Great. Let's bring it back to council then for
thoughts and discussion. Councilwoman Tjornhom.
Councilwoman Tjornhom: You know I guess I'm kind of trying to keep this simple because I
think it is a simple issue, instead of making it more complex than it needs to be. I think
Arboretum Tire is trying to just change the way they relay their message to the public as they
drive by. The sign's already there. It's been there. It was approved and so I think they're just
trying to relay their message probably in a cleaner way. A cleaner, neater, more uniformed way
and I think more aesthetically pleasing to the public as they drive by and so I don't know if it is
in, if I feel it's fair to be over burdensome by adding extra cost onto a sign that already fits in
with the area and location and the businesses that are around it and so I am more than willing to
go ahead and approve the sign and the variance to allow the sign to, or to allow the lettering to be
flat and not have to be raised for his name and business. Service.
Mayor Furlong: Okay. Thank you. Other thoughts. Comments. Councilwoman Ernst.
Councilwoman Ernst: Well in hearing both sides I really, based on what I've heard, I mean I
agree. I think that he just, the sign is very attractive and I think with some of the things that you
want to do with the lettering really are, even make it more attractive and I agree with
Councilwoman Tjomhom. I think that you know to add cost for revising the lettering based on
what he's proposing I think is, I guess I would say, I wouldn't call it unreasonable but I think it
would be just more satisfactory I guess to really go with the lettering as he's proposed so I would
be in favor of supporting the lettering as well with the sign. With the variance.
Mayor Furlong: Thank you. Councilman Litsey.
20
City Council Meeting - May 11, 2009
Councilman Litsey: It's already been said. I mean I think we can keep this fairly simple and
specific to the sign in terms of, I look at it as kind of an upgrade of this sign with current
technology in terms of the electronic messaging there. It's not deviating from what was already
there. It's just upgrading or updating or whatever you want to call it so I think if I just keep it
within that context I'm comfortable with granting it.
Mayor Furlong: Thank you. Mr. McDonald.
Councilman McDonald: Well I'll tell you what, you mentioned something and it triggered a
memory. Last year we had another company that came in here and they got the signs that they
wanted at the time because they were older signs. The storage, Nick's Storage World I guess.
And that was to that location. That was not a blanket variance that would have affected anything
else. Since this sign has been here and we all agree, it is an upgrade over what's currently there
so it does improve I think the vision and everything. I mean based upon that and the fact that we
don't have to say that this is a blanket variance across any electronic signs or anything, I'd be in
favor of allowing both the variance and the other part too so.
Mayor Furlong: Conditional use permit.
Councilman McDonald: Conditional use permit.
Mayor Furlong: Okay, very good. Thank you.
Kate Aanenson: Mayor if I may.
Mayor Furlong: Yep.
Kate Aanenson: Anticipating that you may have a different motion I did prepare revised
Findings of Fact and also reflected your rationale basis for that on page 4 that would say that
because the sign's existing.
Mayor Furlong: It's an upgrade of an existing sign.
Kate Aanenson: Yeah. And it's the fact that the sign was flat panel, it's going to remain flat
panel so I did change those.
Mayor Furlong: Very good. My sentiments are very similar and focusing on the simple issue
that we are, as was just mentioned, we're upgrading an existing sign in terms of elements of it.
In terms of the message. Even the panel that we're discussing. That's a variance request. I
think I agree is an upgrade as well and you know especially in this economy to see a local
business owner reinvesting back into their business and trying to increase their service levels and
service offerings is something that I think the council should support and so I'm very much in
favor of approving the conditional use permit with the changes as well as granting the variance
for this specific issue based upon the comments made and the Findings of Fact that have been
described.
21
City Council Meeting - May 11, 2009
Kate Aanenson: There is a motion on page 5. A revised motion.
Mayor Furlong: Okay. On page 5 of the what you just distributed?
Kate Aanenson: That's correct.
Mayor Furlong: Okay. Is that for the entire.
Kate Aanenson: That's for the entire.
Mayor Furlong: That's the vote, okay. Thank you. Would somebody like to make a motion if
there's no further discussion? Councilwoman Ernst.
Councilwoman Ernst: I make a motion that we approve Planning Case 09-04 for a conditional
use permit for an electronic message center and approval of the sign variance request.
Mayor Furlong: Thank you. Is there a second?
Councilman McDonald: I'll second.
Mayor Furlong: Made and seconded. Any discussion on that motion?
Councilman McDonald: I have one question. We are going to make this unique to this
particular area. Does this motion I guess convey that?
Kate Aanenson: Yes.
Mayor Furlong: And I'd defer to staff.
Kate Aanenson: If I may. Yeah, if I may. On page 4 on the Findings of Fact it specifically
states that because this is along Highway 41 and that the existing panel is flat panel so that would
be the basis for that. It's specific to this site.
Councilman Litsey: Under number 5(a)?
Kate Aanenson: Yeah, 5(a). And then under the finding.
Councilman Litsey: And in the finding.
Kate Aanenson: You have to read the finding that goes with it.
Councilwoman Ernst: So it's actually covered in the motion then.
Kate Aanenson: That's correct. In the findings. Because you're adopting the findings with the
motion.
22
City Council Meeting - May 11, 2009
Mayor Furlong: Based upon the Findings of Fact.
Todd Gerhardt: Mayor, council members. This refers to the Planning Commission so
Councilwoman Emst's motion is fine but we're going to have to word smith this, switching from
Planning Commission to City Council.
Kate Aanenson: Oh I'm sorry. I thought I had covered that. I thought I made the changes.
Todd Gerhardt: So if you go to the signature page, it says Planning Commission.
Mayor Furlong: We will modify that appropriately.
Todd Gerhardt: Yeah. Have the minutes note that this will, the original will be changed to read
City Council.
Mayor Furlong: Very good. Thank you. Any other discussion?
Councilwoman Ernst moved, Councilman McDonald seconded that the City Council
approve Planning Case 09-04 for a conditional use permit for an electronic message center
and approval of the sign variance request and adopt the revised Findings of Fact. All voted
in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman McDonald: I have something. I, you know was asking questions earlier about the
watershed district. The reason why is that I did attend the watershed district meeting last week
and I guess I have to say that I learned quite a bit and they are approaching the issue of clean
water differently from what we as a council are doing. Again they're looking at more the
scientific reasons of what causes the problems within our water and the answer is carp, which
we've had a couple of harvests for and everything but I learned quite a bit about the migration of
carp between Lake Riley, through the watershed. All of this and that it's a very scientific
reasoning to go into but I found it very interesting and during a break I had a lot of residents
come up to me because I was wearing my little City Council name tag and they are very
concerned about all of this so it is a big issue with the residents of our city and that's part of the
reason I was asking the questions because what I took away from that was that the residents feel
that yes, we do need to have clean water and clear lakes and I think that since the watershed
district does quite a bit of this from an area that maybe we don't approach, I think there should
be more coordination and I did get the feeling from the watershed district they would like to do a
little bit more of that too so I just wanted to bring that message you know back to the council that
they are doing some very interesting work you know to address the issues of clarity within the
water that really have nothing to do with runoff. It has to do with the natural environment within
the lake itself, so I think it is a combination of things that clean our waters within the city and we
can use all the help that we can get, just as I'm sure they can use all the help that they can get so
I would encourage both governmental bodies to probably work a little bit closer together. I'm
not quite sure what that mechanism is. I'm glad that Terry sits on the board and at least we have
23
49
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Budding Inspections
Phone:952.227.1180
Fax: 952.227,1190
boolering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park 8 Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227,1404
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Angie Auseth, Planner I
DATE: May 11, 2009 041111
SUBJ: Arboretum Tire and Auto Conditional Use Permit
8175 Hazeltine Blvd — Planning Case #09-04
PROPOSED MOTION:
"The Chanhassen City Council approves a Conditional Use Permit to allow an
electronic message center on a monument sign for Arboretum Tire and Auto,
located at 8175 Hazeltine Boulevard, and denies a sign variance from the individual
dimension lettering requirement, minimum 1/cinch depth, with conditions as
specified on page 8 of the staff report, Planning Case #09-04"
City Council approval requires a majority of City Council present.
EXECUTIVE SUMMARY
The applicant is requesting a Conditional Use Permit to allow an Electronic Message
Center Sign and a Variance from the individual dimension lettering requirement,
minimum 1/2-inch depth, to allow a flat cabinet sign as part of a monument sign
along State Highway 41.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on April 21, 2009. The Planning
Planning 8
Commission voted unanimously, 4-0, to approve the motion recommending
LAW R o,=
approval of the Conditional Use Permit and denial of the sign variance.
Phone: 952.227.1130
Fax: 952.227.1110
Overall, the Planning Commission did not have any issues with the electronic
Pile Wallis
message center sign. However, they did discuss the color of the sign with regard to
1591 Park Road
its aesthetic compatibility with the building and the Arboretum Business Park
Phone:952.227.1300
Development. Some of the Commissioners were of the opinion that staff should not
Fax:952.227.1310
have an opinion on the color of the sign. The applicant addressed this issue and
stated that the letters on the sign could be changed to red to tie into the wall sign
SeniorCerder
Phone: 952.227.1125
currently on the building, which has red channel letters. The Planning Commission
Fax:952.227.1110
suggested the applicant and staff work out the detail for the color of the sign. The
Planning Commission is recommending approval of the Conditional Use Permit.
Web Site
www.d.chanhassen.mn.us
Chanhassen is a Conunle y to file - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Arboretum Tire and Auto CUP
Planning Case #09-04
May 11, 2009
Page 2
The Planning Commission also discussed the three-dimensional letter requirement for the sign,
which is required by ordinance for all individual tenant monument signs. The applicant is
requesting a flat panel for the top portion of the sign. The Planning Commission did not find a
hardship for a variance from this requirement and is recommending denial.
The Planning Commission minutes for April 21, 2009 are item la of the May 11, 2009 City
Council packet.
RECOMMENDATION
Staff and the Planning Commission recommend the following motion:
The Chanhassen City Council approves a Conditional Use Permit to allow an electronic message
center on a monument sign for Arboretum Tire and Auto, located at 8175 Hazeltine Boulevard, and
denies a sign variance from the individual dimension lettering requirement, minimum'/2-inch depth,
with conditions as specified on page 8 of the staff report, Planning Case #09-04"
ATTACHMENT
1. Planning Commission Staff Report Dated April 21, 2009.
gAplan12009 planning casest09-04 arboretum tire & auto led monument sign\executive summary 5-I1-09.doc
PROPOSED MOTION:
"The Chanhassen PiffimiiiW Ceffnnission meemmwAs City Council approves a Conditional Use
Permit to allow an electronic message center on a monument sign for Arboretum Tire and Auto,
located at 8175 Hazeltine Boulevard, and deny a sign variance from the individual dimension
lettering requirement, minimum''/2-inch depth, with conditions, Planning Case #09-04, and adoption
of the Findings of Fact and Recommendation as specified on page 8 of the staff report."
PROPOSAL: Request for a Conditional Use Permit to allow an Electronic Message Center Sign
and a Variance from the individual dimension lettering requirement, minimum''/z-inch depth, to
allow a flat cabinet sign as part of a monument sign along State Highway 41.
LOCATION: 8175 Hazeltine Boulevard
Chaska, MN 55318
Arboretum Business Park
APPLICANT: Michael Schlangen
1941 Melody Hill Circle
Excelsior, MN 55331
PRESENT ZONING: Planned Unit Development, PUD
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 1.58 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
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.
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.
Arboretum Tire and Auto
April 21, 2009
Page 2 of 8
PROPOSAUSUMMARY
Arboretum Tire and Auto is part of the Arboretum Business Park Planned Unit Development
(PUD) and provides light industrial/office park uses, including auto -related service. The site is
located along Highway 41 (Hazeltine Boulevard). There is an existing monument sign located
on the site. The applicant is replacing the existing sign with a new monument sign in the same
location. A portion of the proposed sign is an electronic message center which requires a
conditional use permit.
Section 20-1267 of the City Code requires all center, development name or individual tenant
building signage on a monument or pylon sign to use individual dimension letters, at least one-
half inch deep. The applicant is proposing to use flat lettering as part of a cabinet sign. Such
signage deviates from the City Code and requires a variance.
The owner of Arboretum Tire and Auto would like to increase visibility and ability to advertise
promotional events by adding an electronic message center.
l o n
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i
Most
r r ql lftwl _ s ❑
{ " Subject Site ,
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8 NO ST E 82ND ST E r g
Arboretum Tire and Auto
April 21, 2009
Page 3 of 8
The subject site is located on a hill between an office showroom/warehouse zoned PUD (Arboretum
Business Park 2°d Addition) to the north, which is approximately 10 feet higher than the subject site
and is separated by a large retaining wall. The property to the south is the Holiday Gas Station
zoned PUD (Arboretum Business Park 3'd Addition). The gas station is approximately 9 feet lower
than the subject site and shares a right-in/right-out access with the subject site onto Highway 41
along with cross -access easements. The property to the east is the municipal water tower, zoned
PUD (Arboretum Business Park 2°d) Addition). The property to the west, across Hazeltine
Boulevard/Highway 41, is the Minnesota Landscape Arboretum, zoned A2 (Agricultural Estate).
Staff is recommending approval of the conditional use permit for an electronic message center sign,
but denial of the sign variance request.
APPLICABLE REGUATIONS
Chapter 20, Article IV, Division 2, Conditional Use Permits
Chapter 20, Article )CM, Division 1, Signs
Arboretum Business Park PUD
BACKGROUND
The site is part of the Arboretum Business Park Development located north of 82°d Street (border
separating Chanhassen and Chaska), east of Highway 41 and the Minnesota Landscape Arboretum,
west of Century Boulevard and south of Water Tower Place. Access to the site is gained via a right-
in/right-out curb cut off of Highway 41, and a full curb cut off of 82°d Street, through the Holiday
Gas Station site.
The subject site was
originally an
exception from the
Arboretum Business
Park Development
and obtained by the
City for a water
tower site. The
tower was relocated
to the east and the
subject site was
incorporated into the
Arboretum Business
Park Development
and adheres to the
Arboretum Business
Park design standards.
Location of
monument
Arboretum Tire and Auto
April 21, 2009
Page 4 of 8
On August 13, 2001, the City approved an amendment to the Planned Unit Development (PUD
#92-6) to permit an Auto Services Center on the subject site with the stipulation that auto body
repair is prohibited on the site, and approved Site Plan #2001-08 for a 7,800 square -foot auto
service building.
ANALYSIS
The subject site is part of the Arboretum Business Park PUD, which permits one monument sign per
street frontage. The PUD ordinance addressing monument signs states "The sign shall not exceed
eighty (80) square feet in sign display area nor
be greater than eight (8) feet in height. The
sign treatment is an element of the architecture
and thus should reflect the quality of the
development. The signs should be consistent in
color, size, and material throughout the
development. "
The proposed sign is constructed of black steel
cabinet, which mimics the architectural detail of
the windows on the building. The face of the
sign consists of a white background with black lettering depicting the name of the business with an
electronic message center below. An alternative to the white background is to use the tan color of
the block on the building to better compliment the aesthetics of the building.
AR�� I UM
I R E a A U T 0
0000 Bo IY M
T I R E& A U T 0
The existing signage within the development incorporates individual dimension lettering. The use
of a flat cabinet will not be consistent with the other signage in the development. The intent of the
individual dimension lettering, minimum''/: -inch depth, is to provide uniform signage throughout
the development, and variation in detail and form provides visual interest.
Arboretum Tire and Auto
April 21, 2009
Page 5 of 8
Conditional Use Permit
There is currently a monument sign located on the site along Highway 41 located on a berm, which
allows for greater visibility. The applicant is proposing to replace the monument sign in the same
location. The applicant is proposing to incorporate an electronic message center into the sign to run
services, specials and informative messages to promote the business and attract motorists
traveling on Highway 41.
The applicant believes the property has poor visibility from both the southbound and northbound
lanes on Highway 41. Additionally, drivers headed south on Highway 41 over the hill may not
notice the sign or building until they are almost past it. The applicant believes that the LED
message center will attract motorists and prospective customers along Highway 41 and direct the
southbound traffic to access the site via 82"d Street and northbound traffic via the right-in/right-
out access located on Highway 41.
City Code requires conditional use permit approval for electronic message center signs, which must
comply with the standards outlined in the sign ordinance as shown below:
No electronic message center sign may be erected that, by reason of position, shape,
movement or color interferes with the proper functioning of a traffic sign, signal or which
otherwise constitutes a traffic hazard. The nearest traffic signal is approximately 500 feet
south of the monument sign. The applicant's intent for the electronic message center sign
is to advertise specials and promotional events to attract motorists and direct traffic into
the site. The electronic message center sign will not use animation, flashing, scrolling, or
other special effects that will create a traffic hazard
2. Electronic message center displays shall not exceed 5,000 Nits between the hours of civil
sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and
civil sunrise. The sign will comply with this condition.
3. Electronic message center signs shall not cause direct glare nor become a distraction due to
excessive brightness. The brightness of the message center will comply with the maximum
Nits allowed by ordinance.
4. The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided
at the time of permit applications. The applicant submitted the wattage which shall comply
with this ordinance.
5. There shall be no electronic message center signs in the front setback area within 50 feet of a
street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a
residential district, except where lighting for such sign is indirect or diffused and in no way
constitutes a traffic hazard. The nearest intersection is approximately 500 feet south of the
proposed sign. There are not any residential districts within 125 feet of the proposed sign.
Arboretum Tire and Auto
April 21, 2009
Page 6 of 8
6. Electronic and non -electronic message center space used on a sign shall not exceed a total of
40 square feet or 25 percent of the allowable sign area, whichever is less. The message
displayed on electronic message center signs shall be depicted in one statement and not a
continuing sentence or flow of information. Flashing, scrolling, special effects or animated
scenes on electronic reader boards shall be prohibited. The electronic message center
occupies 19 S sq ft or 25% of the sign display area. The sign will not use animation,
flashing, scrolling or other special effects that will cause a traffic hazard
7. Electronic message center signs shall not be located in agricultural or residential zoning
districts. The site is zoned Planned Unit Development (PUD) and is guided
Office/Industrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of single-family
residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. The sign is
not located within 500 feet of a single-family dwelling.
A Bo I M
T I R E& A U T 0
As stated in Chapter 1 of the City Code: Sign, display area means the area within a single
continuous perimeter enclosing the extreme limits or the actual sign message surface, including
any structural elements outside the limits of each sign forming an integral part of the sign. The
stipulated maximum sign display area for a sign refers to a single facing.
Variance
The City Council, upon the recommendation of the Planning Commission, may grant a variance
from the sign ordinance requirement 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.
Arboretum Tire and Auto
April 21, 2009
Page 7 of 8
City Code, Section 20-1267, requires all center, development name or individual tenant building
signage on a monument or pylon sign use individual dimension letters, at least one-half inch
deep. The applicant is proposing to use a cabinet sign on the top portion of the sign, rather than
individual dimension lettering. The applicant states a flat panel display would have a cleaner
look and would be easier to maintain than a raised -letter display that would collect dirt and
grime. The applicant also states that, because the business name is not synonymous with
national auto repair, it is essential for potential customers to notice the services provided. He
argues that it is important for motorist to notice the LED sign before the name of the store and
raised letter would distract from the ability to promote messages due to the limited viewing time
of the drivers.
The intent of the City's sign ordinance is permit businesses a reasonable and equitable
opportunity to advertise their name and service and give secondary consideration to promotional
events. The primary signage on the monument is the name of the business and not the electronic
message center portion and should, therefore, maintain the detail and standards outlined in the
sign ordinance. Individual dimension lettering enhances the overall appearance of the monument
sign by creating a variation in design and provides visual interest. This request is a self-created
hardship. Granting of the variance may create a precedent to grant similar requests in the future.
Staff is recommending denial of this request.
Compliance Table
Code Requirement Proposed Monument Sign
Height 8 feet 7 feet 6 inches
Area 80 square feet 78 square feet
LED 25% or 20 square feet 25% or 19.5 square feet
Dimension Letters Minimum ''/: inch Flat Cabinet **
Pictorial Presentation
(anything other than 20% Tire = 2.8%
wording)
Location 50' from street intersection Approx. 500' from the intersection
10' from property lines 28' from North and West property lines
"Variance Requested
Arboretum Tire and Auto
April 21, 2009
Page 8 of 8
RECOMMENDATION
Staff and the Planning Commission recommends that the Planning GewAnis City Council
adopt the following motion:
"The Chanhassen City Council approves a Conditional Use
Permit to allow an electronic message center on a monument sign for Arboretum Tire and Auto,
located at 8175 Hazeltine Boulevard, and deny a sign variance from the individual dimension
lettering, minimum'/2-inch depth, Planning Case #09-04, and adoption of the attached Findings of
Fact and Recommendation, with the following conditions:
1. The sign shall comply with standards for electronic message center signs as outlined in the
City Code.
2. "Arboretum Tire & Auto" must be individual dimension letters a minimum %2-inch deep.
3. A sign permit must be applied for and approved prior to installation."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Exhibit A —Legal description.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Proposed Sign Schematic.
g:Nplan\2009 planning cases\09-04 arboretum tire & auto led monument signkstaff report arboretum lire and autot.doc
AftwSAWSP
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Michael Schlangen for Conditional Use Permit approval for an electronic
message center and Sign Variance approval from the individual dimension lettering,
minimum'/2-inch depth, to allow flat cabinet lettering as part of a monument sign in
Arboretum Business Park, PUD.
On April 21, 2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Michael Schlangen for a conditional use
permit and sign variance for the property located at 8175 Hazeltine Boulevard. The
Planning Commission conducted a public hearing on the proposed Conditional Use
Permit and Sign Variance which was preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and
now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development (PUD).
2. The property is guided by the Land Use Plan for Office/Industrial.
3. The legal description of the property is described in Exhibit A.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The LED message center sign is permitted as a conditional use and
meets the criteria as outlined in the sign ordinance for electronic message center
signs. It will not endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
c. 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: The sign meets the zoning district requirements and the design
standards of the Arboretum Business Park Planned Unit Development. The
monument sign will be constructed of black steel and will mimic the design of the
windows on the building. It is architecturally compatible with the development.
The LED message center area meets the sign ordinance requirements and design
standards as outlined in the City Code.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are the Minnesota Landscape Arboretum (A2)
and Office/Industrial uses as part of the Arboretum Business Park (PUD). The
message center sign meets the requirements as outlined in the City Code and will
not be hazardous or disturb existing or planned neighboring uses.
e. 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: The site is currently serviced by municipal services, which are adequate
for the development.
Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions
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: The use is consistent with the standards of the sign ordinance as well as
the Arboretum Business Park development standards and will not be detrimental
to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking requirements were implemented
during construction of Arboretum Tire and Auto in 2001. Access to the site will
not be impaired with the addition of the electronic message center sign.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The electronic message center is part of a monument sign and will not
be detrimental to surrounding solar, natural, scenic, historic features.
j. Will be aesthetically compatible with the area.
Finding: The proposed sign will be architecturally compatible with the existing
building and complies with the sign ordinance and design standards of the
Arboretum Business Park development.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Arboretum Business Park development
and complies with the standards for electronic message center signs as outlined in
Section 20-1259(2):
No electronic message center sign may be erected that, by reason of position,
shape, movement or color interferes with the proper functioning of a traffic
sign, signal or which otherwise constitutes a traffic hazard. The nearest
traffic signal is approximately 500 feet south of the monument sign. The
applicant's intent for the electronic message center sign is to advertise
specials and promotional events to attracting motorists and direct traffic
into the site. The electronic message center sign will not use animation,
flashing, scrolling, or other special effects that will create a traffic hazard.
2. Electronic message center displays shall not exceed 5,000 Nits between the
hours of civil sunrise and civil sunset and shall not exceed 500 Nits between
the hours of civil sunset and civil sunrise. The sign will comply with this
condition.
3. Electronic message center signs shall not cause direct glare nor become a
distraction due to excessive brightness. The brightness of the message
center will comply with the maximum Nits allowed by ordinance.
4. The lamp wattage and luminance level in candelas per square meter (Nits)
shall be provided at the time of permit applications. The applicant submitted
the wattage which shall comply with this ordinance.
5. There shall be no electronic message center signs in the front setback area
within 50 feet of a street intersection (as measured from intersecting right-of-
way lines) or within 125 feet of a residential district, except where lighting for
such sign is indirect or diffused and in no way constitutes a traffic hazard.
The nearest intersection is approximately 500 feet south of the proposed
sign. There are not any residential districts within 125 feet of the proposed
sign.
6. Electronic and non -electronic message center space used on a sign shall not
exceed a total of 40 square feet or 25 percent of the allowable sign area,
whichever is less. The message displayed on electronic message center signs
shall be depicted in one statement and not a continuing sentence or flow of
information. Flashing, scrolling, special effects or animated scenes on
electronic reader boards shall be prohibited. The electronic message center
occupies 19.5 square feet or 25% of the sign display area. The sign will not
use animation, flashing, scrolling or other special effects that will cause a
traffic hazard.
7. Electronic message center signs shall not be located in agricultural or
residential zoning districts. The site is zoned Planned Unit Development
(PUD) and is guided Office/Industrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of
single-family residential homes shall be limited to the hours between 6:00
a.m. and 10:00 p.m. The sign is not located within 500 feet of a single-
family dwelling.
5. Sign Variance Findings:
a. The City Council, upon the recommendation of the Planning Commission, may
grant a variance from the requirement of this ordinance where it is shown that by
reason of topography or other conditions, strict compliance with the requirements of
this ordinance would cause a hardship; provided that a variance may be granted only
if the variance does not adversely affect the spirit or intent of this ordinance.
Finding: The monument sign is located on a berm along Highway 41. The sign is
visible to motorists and provides a reasonable and equitable opportunity to
advertise the name and service. The intent of the individual dimension lettering,
minimum'/cinch depth, is to provide uniform signage throughout the
development and variation in detail and form provides visual interest. Granting a
variance from the required 1/2-inch depth will not increase the businesses visibility
and opportunity to advertise. This request is a self-created hardship. Granting of
the variance may create a precedent to grant similar requests in the future.
6. The planning report, Planning Case #09-04 dated April 21, 2009, prepared by Angie
Auseth, et al, is incorporated herein.
The Planning Commission recommends that the City Council approve Planning Case
#09-04 for a conditional use permit for an electronic message center and deny the sign
variance request.
ADOPTED by the Chanhassen Planning Commission this 21s` day of April, 2009.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
PLEASE PRINT
Email
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No. o-I —o4
CITY OF CHANHASSEN
RECEIVED
MAR 2 0 2009
CHANHASSEN PLANNING DEPT
Contact
Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUPS)) L Z-'Q 51�,1
'R 'Ad,5
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)4,z U
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign - $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost'
- $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE$ 9a5 • a r.tA BF0
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a diqital copy in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
5zAwr eu
PROJECT NAME:
LOCATION:
LEGAh DESCRIPTION AND PID: 0PC-il7t0_ I k l0 1ot.:,j05h'rn I l to nc�- ��
TOTAL ACREAGE: A o J
WETLANDS PRESENT: YES NO
PRESENT ZONING:
REQUESTED ZONING:
Ilu
PRESENT LAND USE DESIGNATION: /t-�/
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Include number of existing employees: and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
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. n�
Signature of Applicant Date
of Fee Owner Date
GiplanWo msTevelopment Review Application.DOC
Rev. 1/08
City of Chanhassen:
My name is Mike Schlangen. I have lived in Chanhassen since 1987, and I own Arboretum Tire & Auto.
Arboretum Tire & Auto has been located in its current location since 2002, and we have been doing
business in the local area since 1986. We are an automotive repair center and do major and minor auto
repair and maintenance. We are not associated with any franchise, chain store or major corporation.
As such, it is necessary to be visible to customers from highway 41 because we have no major brand
recognition. A clean, aesthetically pleasing sign would allow us to inform potential customers about our
services.
Our plan is to replace the current monument sign with an LED message center on the property at 8175
Hazeltine Blvd. The LED message center will allow us to run services, specials and informative messages
to promote our business. It will easily be seen from highway 41 and will be slightly smaller than the
current sign in the same location.
This property has poor visibility from both the southbound and northbound lanes on highway 41.
Drivers headed south on 41 come over a hill and may not notice the sign or building until they are
almost past it. Drivers headed north may not notice our sign because of the other two signs on the
corner of the convenience store.
This new signage as planned includes a flat panel display. A flat panel display would have a cleaner look
and would be easier to maintain than a raised -letter display that would collect dirt and grime. Although
in most situations raised -letter signage is adequate, due to the limited viewing time of the drivers, it is
important for them to notice the LED sign before the name of the store. Because our name is not
synonymous with national auto repair, it is essential for potential customers to notice the services we
provide. Raised letter would distract from our ability to promote our messages. I would prefer not
having any signage in addition to an LED sign, but that is not allowed in the City of Chanhassen. I
understand the requirements of this additional signage, but I would hope that it is not mandatory for
this extra signage to detract from the message of my sign.
I have been willing to make many changes to accommodate the zoning requirements of the City of
Chanhassen because it is an excellent place to do business. I am simply asking for a minor
accommodation on the part of the City.
Thank you for your consideration.
Sincerely,
Mike Schlangen
RECEIVEDSSEN
MAR 2 0 2009
CHANHASSEN PLANNING DEP7
I.
EXHIBIT A
That part of the South Half of the Northwest Quarter of Section 16, Township 116 North, Range
23 West, described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet to the actual point of beginning of the land to be described; thence continuing North
0 degrees 52 minutes 20 seconds West, a distance of 300 feet; thence South 89 degrees 52
minutes 35 seconds East along a line parallel with the South line of said Northwest Quarter, a
distance of 457 feet; thence South 0 degrees 52 minutes 20 seconds East, a distance of 300
feet; thence North 89 degrees 52 minutes 35 seconds West, parallel with the South line of said
Northwest Quarter, a distance of 457 feet to the point of beginning, Carver County, Minnesota.
Which lies north of the South 100 feet thereof, and which lies southwesterly and westerly of the
following described line.
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet; thence continuing North 0 degrees 52 minutes 20 seconds West a distance of 300
feet; thence South 89 degrees 52 minutes 35 seconds East along a line parallel with the South
line of said Northwest Quarter, a distance of 376.85 feet, to the point of beginning -of the line to
be described; thence South 29 degrees 26 minutes 10 seconds East, a distance of 50.84 feet;
thence South 0 degrees 15 minutes 42 seconds East, a distance of 155.74 feet, to the north
line of the above described south 100 feet and said line there terminating.
gAuseAvickAspaVchlangen legal.dm
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
April 9, 2009, 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 Public Hearing for
Arboretum Tire and Auto Conditional Use Permit — Planning Case 09-04 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.
4IKn J. E*eldt, D ty Clerk
Subscribed and sworn to before me
this Lh day of ROri l 12009.
• kx-d.Qa.+-��
Notary Publi
N" KIM T. MEIIWISSEN
Notary Public -Minnesota
�_ My Commission Expires Jan 31. 2010
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, April 21, 2009 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 Conditional Use Permit to allow an Electronic
Message Center Sign with Variances as part of a monument
Proposal:
sign on property zoned Planned Unit Development (PUD)
ARBORETUM TIRE & AUTO
Applicant:
Michael Schlan en
Property
8175 Hazeltine Boulevard
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 ro'ect.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/serv/plan/09-04,htmi. If you wish to
talk to someone about this project, please contact Angie
Auseth by email at aauseth@ci.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.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland 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 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 recommentlation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing 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 code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercialAndustrial.
• Minnesota State Statute 519.99 requires all 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 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. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
Date & Time:
Tuesday, April 21, 2009 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 Conditional Use Permit to allow an Electronic
Proposal:
Message Center Sign with Variances as part of a monument
sign on property zoned Planned Unit Development (PUD)
ARBORETUM TIRE & AUTO
Applicant:
Michael Schlan en
Property
8175 Hazeltine Boulevard
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
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PRAIRIE OAKS LLC
17595 KENWOOD TRL #260
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MICHAEL D & JANE E SCHLANGEN
1941 MELODY HILL CIR
EXCELSIOR MN 55331-8805
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319 15TH AVE SE 424 DON HOWE
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SUPER DOG COUNTRY CLUB LLC
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PAINT CABINET, RETAINERS
MESSAGE CENTERS FILL
AND POLE COVER BLACK
\ - OPAQUE WHITE VINYL
LOCATION: CHANHASSEN. MN
DATE: 03-17-09
FILE NAME: ARBORETUM-1.CDR
ACCT REP. BRUCE IOFFMEER
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WITH NEW FULL COLOR 27 X 9' MESSAGE CENTERS.
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ST. CLOUD.
MINNESOTA, 56302
PO BOX 881
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wee.scenicslgn.cm
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
RUB 13
Application of Michael Schlangen for Conditional Use Permit approval for an electronic
message center and Sign Variance approval from the individual dimension lettering,
minimum '%-inch depth, to allow flat cabinet lettering as part of a monument sign in
Arboretum Business Park, PUD.
On April 21, 2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Michael Schlangen for a conditional use
pemut and sign variance for the property located at 8175 Hazeltine Boulevard. The
Planning Commission conducted a public hearing on the proposed Conditional Use
Permit and Sign Variance which was preceded by published and mailed notice. The
Planning Commission and City Council heard testimony from all interested persons
wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development (PUD).
2. The property is guided by the Land Use Plan for Office/Industrial.
3. The legal description of the property is described in Exhibit A.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The LED message center sign is permitted as a conditional use and
meets the criteria as outlined in the sign ordinance for electronic message center
signs. It will not endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city
b. Will be consistent with the objectives of the City s Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
c. 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: The sign meets the zoning district requirements and the design
standards of the Arboretum Business Park Planned Unit Development. The
monument sign will be constructed of black steel and will mimic the design of the
windows on the building. It is architecturally compatible with the development.
The LED message center area meets the sign ordinance requirements and design
standards as outlined in the City Code.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are the Minnesota Landscape Arboretum (A2)
and Office/industrial uses as part of the Arboretum Business Park (PUD). The
message center sign meets the requirements as outlined in the City Code and will
not be hazardous or disturb existing or planned neighboring uses.
e. 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: The site is currently serviced by municipal services, which are adequate
for the development.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions
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: The use is consistent with the standards of the sign ordinance as well as
the Arboretum Business Park development standards and will not be detrimental
to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
2
Finding: Access to the site and all parking requirements were implemented
during construction of Arboretum Tire and Auto in 2001. Access to the site will
not be impaired with the addition of the electronic message center sign.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The electronic message center is part of a monument sign and will not
be detrimental to surrounding solar, natural, scenic, historic features.
j. Will be aesthetically compatible with the area.
Finding: The proposed sign will be architecturally compatible with the existing
building and complies with the sign ordinance and design standards of the
Arboretum Business Park development.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Arboretum Business Park development
and complies with the standards for electronic message center signs as outlined in
Section 20-1259(2):
No electronic message center sign may be erected that, by reason of position,
shape, movement or color interferes with the proper functioning of a traffic
sign, signal or which otherwise constitutes a traffic hazard. The nearest
traffic signal is approximately 500 feet south of the monument sign. The
applicant's intent for the electronic message center sign is to advertise
specials and promotional events to attracting motorists and direct traffic
into the site. The electronic message center sign will not use animation,
flashing, scrolling, or other special effects that will create a traffic hazard
2. Electronic message center displays shall not exceed 5,000 Nits between the
hours of civil sunrise and civil sunset and shall not exceed 500 Nits between
the hours of civil sunset and civil sunrise. The sign will comply with this
condition.
3. Electronic message center signs shall not cause direct glare nor become a
distraction due to excessive brightness. The brightness of the message
center will comply with the maximum Nits allowed by ordinance.
4. The lamp wattage and luminance level in candelas per square meter (Nits)
shall be provided at the time of permit applications. The applicant submitted
the wattage which shall comply with this ordinance.
5. There shall be no electronic message center signs in the front setback area
within 50 feet of a street intersection (as measured from intersecting right-of-
way lines) or within 125 feet of a residential district, except where lighting for
such sign is indirect or diffused and in no way constitutes a traffic hazard.
The nearest intersection is approximately 500 feet south of the proposed
sign. There are not any residential districts within 125 feet of the proposed
Sign.
6. Electronic and non -electronic message center space used on a sign shall not
exceed a total of 40 square feet or 25 percent of the allowable sign area,
whichever is less. The message displayed on electronic message center signs
shall be depicted in one statement and not a continuing sentence or flow of
information. Flashing, scrolling, special effects or animated scenes on
electronic reader boards shall be prohibited. The electronic message center
occupies 19.5 square feet or 25% of the sign display area. The sign will not
use animation, flashing, scrolling or other special effects that will cause a
traffic hazard
7. Electronic message center signs shall not be located in agricultural or
residential zoning districts. The site is zoned Planned Unit Development
(PUD) and is guided Officel7ndustrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of
single-family residential homes shall be limited to the hours between 6:00
a.m. and 10:00 p.m. The sign is not located within 500 feet of a single-
family dwelling.
5. Sign Variance Findings:
a. The City Council, upon the recommendation of the Planning Commission, may
grant a variance from the requirement of this ordinance where it is shown that by
reason of topography or other conditions, strict compliance with the requirements of
this ordinance would cause a hardship; provided that a variance may be granted only
if the variance does not adversely affect the spirit or intent of this ordinance.
Finding: The monument sign is located on a berm along Highway 41. The sign is
visible to motorists and provides a reasonable and equitable opportunity to
advertise the name and service. The existing sign to be replaced does not have
dimension letters; therefore, the requested flat panel sign will be consistent with
the preexisting conditions of the site.
6. The planning report, Planning Case #09-04 dated April 21, 2009, amended May 11,
2009, prepared by Angie Auseth, et al, is incorporated herein.
The City Council approves Planning Case #09-04 for a conditional use permit for an
electronic message center and approval of the sign variance request.
ADOPTED by the Chanhassen City Council this 11 s' day of May, 2009.
Its Chairman
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends the City Council approve a Conditional Use
Permit to allow an electronic message center on a monument sign for Arboretum Tire and Auto,
located at 8175 Hazeltine Boulevard, and deny a sign variance from the individual dimension
lettering requirement, minimum'/2-inch depth, with conditions, Planning Case #09-04, and adoption
of the Findings of Fact and Recommendation as specified on page 8 of the staff report."
PROPOSAL: Request for a Conditional Use Pennit to allow an Electronic Message Center Sign
and a Variance from the individual dimension lettering requirement, minimum'/2-inch depth, to
allow a flat cabinet sign as part of a monument sign along State Highway 41.
LOCATION: 8175 Hazeltine Boulevard
Chaska, MN 55318
Arboretum Business Park
APPLICANT: Michael Schlangen
1941 Melody Hill Circle
Excelsior, MN 55331
PRESENT ZONING: Planned Unit Development, PUD
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 1.58 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
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.
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.
SCANNED
Arboretum Tire and Auto
April 21, 2009
Page 2of8
PROPOSAUSUMMARY
Arboretum Tire and Auto is part of the Arboretum Business Park Planned Unit Development
(PUD) and provides light industrial/office park uses, including auto -related service. The site is
located along Highway 41 (Hazeltine Boulevard). There is an existing monument sign located
on the site. The applicant is replacing the existing sign with a new monument sign in the same
location. A portion of the proposed sign is an electronic message center which requires a
conditional use permit.
Section 20-1267 of the City Code requires all center, development name or individual tenant
building signage on a monument or pylon sign to use individual dimension letters, at least one-
half inch deep. The applicant is proposing to use flat lettering as part of a cabinet sign. Such
signage deviates from the City Code and requires a variance.
The owner of Arboretum Tire and Auto would like to increase visibility and ability to advertise
promotional events by adding an electronic message center.
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Arboretum Tire and Auto
April 21, 2009
Page 3 of 8
The subject site is located on a hill between an office showroom/warehouse zoned PUD (Arboretum
Business Park 2°d Addition) to the north, which is approximately 10 feet higher than the subject site
and is separated by a large retaining wall. The property to the south is the Holiday Gas Station
zoned PUD (Arboretum Business Park 3'd Addition). The gas station is approximately 9 feet lower
than the subject site and shares a right-in/right-out access with the subject site onto Highway 41
along with cross -access easements. The property to the east is the municipal water tower, zoned
PUD (Arboretum Business Park 2°d) Addition). The property to the west, across Hazeltine
Boulevard/Highway 41, is the Minnesota Landscape Arboretum, zoned A2 (Agricultural Estate).
Staff is recommending approval of the conditional use permit for an electronic message center sign,
but denial of the sign variance request.
APPLICABLE REGUATIONS
Chapter 20, Article IV, Division 2, Conditional Use Permits
Chapter 20, Article XXVI, Division 1, Signs
Arboretum Business Park PUD
BACKGROUND
The site is part of the Arboretum Business Park Development located north of 82"d Street (border
separating Chanhassen and Chaska), east of Highway 41 and the Minnesota Landscape Arboretum,
west of Century Boulevard and south of Water Tower Place. Access to the site is gained via a right-
inhight-out curb cut off of Highway 41, and a full curb cut off of 82°d Street, through the Holiday
Gas Station site.
The subject site was
originally an
exception from the
Arboretum Business
Park Development
and obtained by the
City for a water
tower site. The
tower was relocated
to the east and the
subject site was
incorporated into the
Arboretum Business
Park Development
and adheres to the
Arboretum Business
Park design standards.
Location of
monument sign ti
Arboretum Tire and Auto
April 21, 2009
Page 4 of 8
On August 13, 2001, the City approved an amendment to the Planned Unit Development (PUD
#92-6) to permit an Auto Services Center on the subject site with the stipulation that auto body
repair is prohibited on the site, and approved Site Plan #2001-08 for a 7,800 square -foot auto
service building.
ANALYSIS
The subject site is part of the Arboretum Business Park PUD, which permits one monument sign per
street frontage. The PUD ordinance addressing monument signs states "The sign shall not exceed
eighty (80) square feet in sign display area nor
be greater than eight (8) feet in height. The
sign treatment is an element of the architecture
and thus should reflect the quality of the
development. The signs should be consistent in
color, size, and material throughout the
development. "
The proposed sign is constructed of black steel
cabinet, which mimics the architectural detail of
the windows on the building. The face of the
sign consists of a white background with black lettering depicting the name of the business with an
electronic message center below. An alternative to the white background is to use the tan color of
the block on the building to better compliment the aesthetics of the building.
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T I R E& A U T 0
The existing signage within the development incorporates individual dimension lettering. The use
of a flat cabinet will not be consistent with the other signage in the development. The intent of the
individual dimension lettering, minimum''/2-inch depth, is to provide uniform signage throughout
the development, and variation in detail and form provides visual interest.
Arboretum Tire and Auto
April 21, 2009
Page 5 of 8
Conditional Use Permit
There is currently a monument sign located on the site along Highway 41 located on a berm, which
allows for greater visibility. The applicant is proposing to replace the monument sign in the same
location. The applicant is proposing to incorporate an electronic message center into the sign to run
services, specials and informative messages to promote the business and attract motorists
traveling on Highway 41.
The applicant believes the property has poor visibility from both the southbound and northbound
lanes on Highway 41. Additionally, drivers headed south on Highway 41 over the hill may not
notice the sign or building until they are almost past it. The applicant believes that the LED
message center will attract motorists and prospective customers along Highway 41 and direct the
southbound traffic to access the site via 82°d Street and northbound traffic via the right-in/right-
out access located on Highway 41.
City Code requires conditional use permit approval for electronic message center signs, which must
comply with the standards outlined in the sign ordinance as shown below:
1. No electronic message center sign may be erected that, by reason of position, shape,
movement or color interferes with the proper functioning of a traffic sign, signal or which
otherwise constitutes a traffic hazard. The nearest traffic signal is approximately 500 feet
south of the monument sign. The applicant's intent for the electronic message center sign
is to advertise specials and promotional events to attract motorists and direct traffic into
the site. The electronic message center sign will not use animation, flashing, scrolling, or
other special effects that will create a traffic hazard
2. Electronic message center displays shall not exceed 5,000 Nits between the hours of civil
sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and
civil sunrise. The sign will comply with this condition.
3. Electronic message center signs shall not cause direct glare nor become a distraction due to
excessive brightness. The brightness of the message center will comply with the maximum
Nits allowed by ordinance.
4. The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided
at the time of permit applications. The applicant submitted the wattage which shall comply
with this ordinance.
5. There shall be no electronic message center signs in the front setback area within 50 feet of a
street intersection (as measured from intersecting right-of-way lines) or within 125 feet of a
residential district, except where lighting for such sign is indirect or diffused and in no way
constitutes a traffic hazard. The nearest intersection is approximately 500 feet south of the
proposed sign. There are not any residential districts within 125 feet of the proposed sign.
Arboretum Tire and Auto
April 21, 2009
Page 6 of 8
6. Electronic and non -electronic message center space used on a sign shall not exceed a total of
40 square feet or 25 percent of the allowable sign area, whichever is less. The message
displayed on electronic message center signs shall be depicted in one statement and not a
continuing sentence or flow of information. Flashing, scrolling, special effects or animated
scenes on electronic reader boards shall be prohibited. The electronic message center
occupies 19.5 sq ft or 25% of the sign display area. The sign will not use animation,
flashing, scrolling or other special effects that will cause a traffic hazard
Electronic message center signs shall not be located in agricultural or residential zoning
districts. The site is zoned Planned Unit Development (PUD) and is guided
Office/Industrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of single-family
residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. The sign is
not located within 500 feet of a single-family dwelling.
T I R E& A U T 0
As stated in Chapter 1 of the City Code: Sign, display area means the area within a single
continuous perimeter enclosing the extreme limits or the actual sign message surface, including
any structural elements outside the limits of each sign forming an integral part of the sign. The
stipulated maximum sign display area for a sign refers to a single facing.
Variance
The City Council, upon the recommendation of the Planning Commission, may grant a variance
from the sign ordinance requirement 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.
Arboretum Tire and Auto
April 21, 2009
Page 7 of 8
City Code, Section 20-1267, requires all center, development name or individual tenant building
signage on a monument or pylon sign use individual dimension letters, at least one-half inch
deep. The applicant is proposing to use a cabinet sign on the top portion of the sign, rather than
individual dimension lettering. The applicant states a flat panel display would have a cleaner
look and would be easier to maintain than a raised -letter display that would collect dirt and
grime. The applicant also states that, because the business name is not synonymous with
national auto repair, it is essential for potential customers to notice the services provided. He
argues that it is important for motorist to notice the LED sign before the name of the store and
raised letter would distract from the ability to promote messages due to the limited viewing time
of the drivers.
The intent of the City's sign ordinance is permit businesses a reasonable and equitable
opportunity to advertise their name and service and give secondary consideration to promotional
events. The primary signage on the monument is the name of the business and not the electronic
message center portion and should, therefore, maintain the detail and standards outlined in the
sign ordinance. Individual dimension lettering enhances the overall appearance of the monument
sign by creating a variation in design and provides visual interest. This request is a self-created
hardship. Granting of the variance may create a precedent to grant similar requests in the future.
Staff is recommending denial of this request.
Compliance Table
Code Requirement Proposed Monument Sign
Height 8 feet 7 feet 6 inches
Area 80 square feet 78 square feet
LED 25% or 20 square feet 25% or 19.5 square feet
Dimension Letters Minimum''/Z inch Flat Cabinet **
Pictorial Presentation
(anything other than 200/a Tire = 2.8%
wording)
Location 50' from street intersection Approx. 500' from the intersection
10' from property lines 28' from North and West property lines
"Variance Requested
Arboretum Tire and Auto
April 21, 2009
Page 8 of 8
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission recommends the City Council approve a Conditional Use
Permit to allow an electronic message center on a monument sign for Arboretum Tire and Auto,
located at 8175 Hazeltine Boulevard, and deny a sign variance from the individual dimension
lettering, minimum'/2-inch depth, Planning Case #2009-04, and adoption of the attached Findings
of Fact and Recommendation, with the following conditions:
1. The sign shall comply with standards for electronic message center signs as outlined in the
City Code.
2. "Arboretum Tire & Auto" must be individual dimension letters a minimum 1/z-inch deep.
3. A sign permit must be applied for and approved prior to installation"
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Exhibit A —Legal description.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Proposed Sign Schematic.
gAplan\2009 planning cases\09-04 arboretum lire & auto led monument sign\.staff report arboretum lire and autot.doc
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
APRIL 21, 2009
Chairman Papke called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Kurt Papke, Denny Laufenburger, Dan Keefe and Kevin Dillon
MEMBERS ABSENT: Mark Undestad, Debbie Larson and Kathleen Thomas
STAFF PRESENT: Shanneen AI-Jaff, Senior Planner; and Angie Auseth, Planner
PUBLIC HEARING:
ARBORETUM TIRE & AUTO: REOUEST FOR A CONDITIONAL USE PERMIT TO
ALLOW AN ELECTRONIC MESSAGE CENTER SIGN WITH VARIANCES AS PART
OF A MONUMENT SIGN ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT
PUD, LOCATED AT 8175 HAZELTINE BOULEVARD. APPLICANT/OWNER:
MICHAEL SCHLANGEN, PLANNING CASE 09-04.
Angie Auseth presented the staff report on this item.
Keefe: You know I just need a little bit more on the three dimensional lettering. It isn't clear, I
mean do we have a picture of that or do we have, I mean how do you describe that again to
understand the ... of the variance?
Auseth: A lot of times it's embossed and so it sticks out a portion just to give that kind of a
visual interest and an overall aesthetic appeal to the signs.
Keefe: And is that, would that part be in the upper part of the sign then? Kind of where it says
Arboretum Tire and Auto.
Auseth: Yes.
Keefe: Is that what the proposed, is where it would be? Okay.
Auseth: Yes, Arboretum Tire and Auto would be the half inch dimensional.
Keefe: Okay. And right now the sizing is, the ordinance allows for what?
Auseth: It has to be a minimum half inch depth and this one is flat. Completely flat panel.
Dillon: So I'm, I'm sorry.
Keefe: Go ahead.
scaur,eo
Planning Commission Meeting - April 21, 2009
Dillon: I don't, so do you have an example of what's acceptable and what's like not because in
my mind's eye I'm not getting it.
Auseth: Okay. What's acceptable is the half inch, so it has to be either pushed out a half an inch
or it can be recessed back the background. So the actual letters.
Dillon: But these are electronic. You push the elect.
Auseth: No. No, just the.
Keefe: It's not the electronic part. It's the part above that.
Auseth: The black letters.
Dillon: Oh, I got it. I thought you were talking the electronic messaging.
Keefe: And so what they're proposing is it to be flat?
Auseth: Yes.
Keefe: Why don't we like flat? I mean just out of curiosity.
Auseth: Just to provide that interest.
Keefe: Okay. It's more of an architectural or a.
Auseth: Architectural feature.
Keefe: Yeah, okay. Alright. That's all I have for questions.
Laufenburger: Are there, does the existing monument sign have raised lettering on Arboretum
Tire and Auto?
Auseth: The existing sign.
Laufenburger: You had a picture of that in here. Yeah. Is that raised lettering? Or dimensional.
Auseth: That one I don't recall but I know the signs around the Holiday station does have the
half inch embossed lettering on it. There's several other signs around the city that also include
that.
Laufenburger: There's also some signs, monument signs that are just flat without the raised too I
don't suppose. It would be important for me to know whether or not those are flat or whether
they're raised.
Auseth: We can.
2
Planning Commission Meeting - April 21, 2009
Laufenburger: Or maybe we can ask the applicant.
Auseth: Yes.
Laufenburger: Okay. I had another question for staff. Angie. In the conditional use permit for
the electronic sign, message center, the language stipulates the electronic message center sign
will not use animation, flashing, scrolling or other special effects that will create a traffic hazard.
Auseth: Correct.
Laufenburger: Now I know this has been the subject of planning commission discussion. Has
the applicant agreed that they will not use scrolling in this or are they anticipating that if at some
point in the future the ordinance is changed that scrolling would be allowed? Can you speak to
that?
Auseth: During our discussions with the applicant we went through the current standards and
gave them those saying these are the current standards for an electronic message center and they
must be complied with.
Laufenburger: The applicant's prepared to comply with that? Okay. Those were my only
questions.
Dillon: Is the tan a requirement of this or is it a suggestion?
Auseth: It's more of a suggestion. Another suggestion as an alternative could have been
providing a masonry foundation, something of that sort of staff thought that pulling that tan color
in would be an alternative to that request. Just to kind of bring the building and the sign closer
together to have them aesthetically compatible.
Dillon: Okay. So does, alright again we're, it's a request but it's not a requirement?
Auseth: It's not a condition of approval.
Dillon: Okay. Because I mean you know beauty's in the eye of the beholder here and you know
I could see if the red and the blue and all of that of the electronic messaging were consistent with
the fagade of the building, you know then you've got a nice like story but since they're different
colors, I mean I think you know making the tan, just because the tan ties in with the building
front you know looks off kilter to me but I don't think we, or the staff should be like you know
getting down to the details of the color or something like that but that's just my opinion. So then
were these samples of the letters that came around, which is acceptable and which is like not?
Auseth: Both of those are raised lettering, which is what we would, what staff is saying is what
is required.
Dillon: And.
Planning Commission Meeting - April 21, 2009
Papke: Actually staff isn't saying it. It's the ordinance.
Auseth: The ordinance, yes. Thank you.
Keefe: Okay. And what he's proposing is flat.
Dillon: Okay. That's all the questions I have.
Papke: All I had was, have we made this kind of a request, the color request before of other
applicants for LED signs? This one seems a little novel to me.
Auseth: No and it wasn't just because of the LED portion. It was just tying the overall sign into
the aesthetics of the building.
Papke: Do other businesses within that same business park have a similar color scheme to what
you're proposing or is it consistent with the other businesses in the area?
Auseth: Some do. Some don't. Some are more, more like the existing sign. More red.
Papke: Alright. That's the only question I had. Anything else for staff before I move on? If the
applicant would like to step up to the podium and color in the lines for us, we'd greatly
appreciate it. State your name and address for the record please.
Mike Schlangen: My name is Mike Schlangen and I'm at 1941 Melody Hill Circle in
Chanhassen. And to answer your question from before, right now it's a flat panel that we have
on there.
Laufenburger: On the top
Mike Schlangen: On the top and what I like about it is, it's very easy to clean. You don't get the
dirt and grime and stuff on there and to me it looks more aesthetically appealing than having the
raised lettering that's on it. The sign on the right, that she was talking about, to me it doesn't fit
in with the colors and stuff that we use for our business and as I was listening to you guys talk I
thought there might be something that would work for both of us. If we want the building to tie
in with the sign, if you look at that picture on the bottom, right above it there's a sign that's all
in, you can't see it very well from that picture but it's all in red as well and to get it.
Laufenburger: Mike are you referring to what we see in the upper left comer? Is that correct?
Mike Schlangen: Up in the comer, yep. But anyways what we would do is, is blend that in with
the sign itself and have the Arboretum Tire and Auto in red, if we want the aesthetics of that to
be compatible. I think that would work. I haven't checked on that but it seems like something
that would be a pretty easy change. We changed the dimensions of the sign. Made it a little bit
smaller than the previous sign because with the LED it would only take 25% of the entire sign.
And then we also had to move the sign down because the pole was showing and that's something
that the city had required wasn't able to be done so we moved that around. But as far as the flat
4
Planning Commission Meeting - April 21, 2009
panel, that's something I'd like to see. I think it looks better. I think it's more aesthetically
appealing and it just over time I think it wears better.
Papke: Okay. Anything else?
Mike Schlangen: No. Did I answer, that was the only question that you had right?
Papke: Okay, Kevin do you have any questions?
Dillon: I don't have any questions.
Laufenburger: What are you doing right now to change your signage?
Mike Schlangen: If you look back at the other one, what we do is we just go out there and
change the lettering manually. And one of the reasons that I want to go to an LED sign was,
when you're coming from the north, you're coming over the hill and you can't really see our
place until you're almost by it. And when you're coming from the south, I used to have the
convenience store where the Holiday is right now too and we used to be above to cross market a
little bit so I've used both of the signs for both of the businesses. But now that I don't have that
business anymore, with having those other two signs in the way and not getting any advertising
off of that, that's the only one that you see so it kind of, it's kind of hidden a little bit by those
other two signs. As a matter of fact we'll get customers that come into our place on occasions,
they'll be in 2-3 times for propane or whatever and we must have 30 sets of tires stacked out in
front and they'll say you guys sell tires here? You know that type of thing and we're not a
national chain or anything else and so you know it's something that I think is important for us to
have that information out in front of the customers. That's it, thank you.
Papke: Just one second.
Keefe: I'm fine.
Papke: I just had one question for you. In your letter to staff you gave a slightly different reason
for objecting to the raised lettering. Essentially what you were saying there is you were trying
to, you didn't want to accentuate the name of your business.
Mike Schlangen: Right.
Papke: And rather you wanted to promote the, what you were selling that particular week or
offering on special or whatever.
Mike Schlangen: Exactly.
Papke: And that's a little bit different from what you were saying before about the cleanliness
factor.
Planning Commission Meeting - April 21, 2009
Mike Schlangen: Actually what I'd like to do is just have an LED sign and I have nothing out
there, but the City does not allow that.
Papke: Right.
Mike Schlangen: And it would be nice to do that and then just have a sign on the building but
that's not something that's allowable as far as our business. You know we have to compromise
on that and just have the tire and auto out there.
Papke: Alright.
Mike Schlangen: But as far as the size of the, we maneuvered the size of the tire and thing that's
on the sign you know because that's required as well and we made all those changes so.
Papke: Yeah, in your discussion with city staff were you aware that you could reasonably, if
cleanliness is an issue and cleaning, were you aware that you could recess the letters instead
because then you wouldn't have the cleaning problem. You'd have a flat surface. It's just the
letters would go instead of stick out.
Mike Schlangen: You're still going to have a little bit of that issue because you're going to.
Papke: A little bit. You're going to get some accumulation in there, yeah. Somebody's got to
go in there you know once or twice a year and clean out the letters a little bit.
Mike Schlangen: Right. It's the same principle as washing your car around the bumper and
around the windows and stuff you get.
Papke: Exactly.
Mike Schlangen: To one person it means nothing and the next person it's just nice to have it so.
Papke: Sure. Okay. Alright, thank you. Okay, bring it back to the commission for discussion.
Start with you.
Keefe: Yeah, just a couple of thoughts on, you know I guess for variance we, well let me start
with the conditional use. I think I don't have a problem with the conditional use. The one thing
I guess I would like to see is have the applicant work with the city in terms of styling and design
and making it compatible so you know. And then in regards to the variance, they really got to
prove hardship you know. I'm kind of scratching my head around hardship on this one. I'd be
interested in your thoughts on that but I'm not really seeing it.
Papke: Yeah. Yeah. One thing just occurred to me as you were speaking, you know this site is
getting back to approving the conditional use permit per se. Has the Arboretum itself
commented on this at all? Have they, because this is you know pretty close to the Arboretum
and you know flashing LED signs versus the Spring Peeper Meadow across the street. You
know quite a contrasting situation and I'm just curious whether.
U
Planning Commission Meeting - April 21, 2009
Auseth: We didn't receive any comments from them.
Papke: So.
Al -Jaffa They did receive a notice. They are within 500 feet
Papke: Okay. Alright. Sorry to interrupt.
Laufenburger: I don't have any comments.
Dillon: I'm totally fine with the conditional use permit. I do, I would agree it's kind of hard to
prove a big hardship with the variance. I get a little, I mean you know within reason I don't
think we, the City needs to be providing you know aesthetic opinions. I mean there's some basic
guidelines. I mean if it's too gawdy or too something I mean, I don't know where you draw the
line on that stuff but I mean kind of, I think we're splitting hairs on tan versus white for
background and that would be.
Papke: Well there are situations with design standards for instance where in the past we have,
you know we've been, where we've stepped into that...
Dillon: I know there's some buildings and there's certain materials and what not.
Papke: Right.
Dillon: I'm familiar with that but in a situation like this when it's a pretty, it's kind of a nit.
Papke: Yeah, well it sounded like the applicant was willing to work on other approaches. I think
the, if we can all agree that the goal is worthwhile. Getting the sign to tie in with the building, it
sounds like the applicant is willing to look at some different avenues and it doesn't seem like
that's out of the picture...
Dillon: Yeah.
Papke: Okay. From my perspective I'm fine as long as the Arboretum you know didn't have
any concerns with this, since they're right across the street.
Dillon: They've been here before for these things so they must read the stuff.
Papke: Yeah, yeah.
Mike Schlangen: I have talked to the Arboretum about it too. They had no objection to it.
Papke: Okay, great. But similar to what Dan was saying, I have a difficult time with hardship
here. You know this is something that is part of our city code and we expect all the businesses to
comply with that and a number of other businesses have been able to do so. It doesn't seem
Planning Commission Meeting - April 21, 2009
particularly onerous so I'm okay with the city's proposal so with that I'll entertain a motion. If
someone would like to make one.
Keefe: I'll go for it. Chanhassen Planning Commission recommends the City Council approve
Conditional Use Permit to allow an electronic message center on a monument sign for
Arboretum Tire and Auto, located at 8175 Hazeltine Boulevard and deny sign variance from the
individual dimension lettering, minimum %2 inch depth, Planning Case #2009-04 and adoption of
the attached Findings of Fact and recommendation with conditions 1 through 3.
Dillon: Second.
Keefe moved, Dillon seconded that the Planning Commission recommends that the City
Council approve a Conditional Use Permit to allow an electronic message center on a
monument sign for Arboretum Tire and Auto located at 8175 Hazeltine Boulevard and
deny a sign variance from the individual dimension lettering, minimum % inch depth,
Planning Case #2009-04, and adoption of the attached Findings of Fact and
Recommendation, with the following conditions:
The sign shall comply with standards for electronic message center signs as outlined in
the City Code.
2. "Arboretum Tire & Auto" must be individual dimension letters a minimum '/2 inch deep.
3. A sign permit must be applied for and approved prior to installation.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
APPROVAL OF MINUTES: Commissioner Laufenburger noted the summary minutes of
the work session meeting dated April 7, 2009 as presented.
Chairman Papke adjourned the Planning Commission meeting at 7:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
fm9!
8175
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MESSAGE
CENTERS
SHOP DRAWING APPROVAL
SHOP SUPERVISOR SIGNARK
..{q.I r..:I
INSET STEEL FRAME 5/8' THIS ORIGINAL DESIGN IS THE EXCLUSIVE PROPERTY
OF SCENIC SIGN CORP. ANY REPRODUCTION,
FROM FINISHED DEPTH DISTRIBUTION OR EXHIBITION OF THIS DESIGN TO ANY
OTHER OTHER THAN ES OF Y
FOR EACH SIDE OR USE P[IFTTHESE PLANS TO CON TRUCT A S GNP CO.
SIMILAR TO THE ONE E, IS
USING 2-1/2'RETAINERS EXPRESSLY FORBIDDEN. MBODIED SHOULDHERE SUCHI EXHIBITION
OCCUR, SCENIC SIGN IS DUE $500.00 AS COMPENSATION
FOR THE TIME AND EFFORT IN CREATING THIS DESIGN.
I
—,
(1) F60 CW/H❑ LAMP ON
CUSTOM ALUMINUM
RACEWAYS WITH
SPRING/SPRINGLESS
SOCKETS
1
(3) F120 CW/HO LAMPS ON
1
2,
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RACEWAYS WITH
RACE
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1
SOCKETS
4'-2&' (1) 4128 D:r
FRANCE
BALLAST
SALESMAN- BRUCE KIFFMEYER
L❑CATI❑N- CHANHASSEN, MN
FILE NAME- ARBORETUM-1,DWG
DATE,
4' STEEL POLE
1/2' STEEL PLATE TO MATCH EXISTING
BOLT PATTERN
CITY OF CHANHASSEN
RECEIVED
MAR 2 0 2009
CHANHASSEN PLANNING DEPT
ST. CLOUD.
MINNESOTA, 56302
PO BOX 88I
320.252.9400
www,scenicsign.com
SCANNED
pp
PROPANE
iWHERE
TANKS
AVAILABLE
1
'All
ARBORETUM
TIRE & ` UTO
JIM
ml
.
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
04/13/2009 11:25 AM
Receipt No. 0097818
CLERK: katie
PAYEE: MICHAEL SCHLANGEN
1941 MELODY HILL CIRCLE
EXCELSIOR MN 55331
Planning Case# 09-04 Arboretum Tire/Auto
-------------------------------------------------------
GIS List 27.00
Total
Cash
Check 23433
Change
27.00
0.00
27.00
0.00
SCANNED
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
o� (952) 227-1100
To: Mike Schlangen
Arboretum Tire & Auto
8175 Hazeltine Boulevard
Chaska, MN 55318
Invoice
SALESPERSON DATE TERMS
KTM 4/9/09 upon receipt
QUANTITY
DESCRIPTION
UNIT PRICE
AMOUNT
9
Property Owners List within 500' of 8175 Hazeltine Blvd. (9 labels)
$3.00
$27.00
TOTAL DUE
$27.00
NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the
Addressee shown above (copy attached) and must be paid prior to the public hearinsa scheduled for April 21,
2009.
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #09-04.
If you have any questions concerning this invoice, call: (952)-227-1107.
THANK YOU FOR YOUR BUSINESS!
SCANNED
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.09-04
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, April 21, 2009, 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
Conditional Use Permit to allow an Electronic Message Center Sign with Variances as part of a
monument sign on property zoned Planned Unit Development, PUD located at 8175 Hazeltine
Boulevard — ARBORETUM TIRE & AUTO. Applicant/Owner: Michael Schlangen.
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/serv/plan/09-04.htnil 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.
Angie Auseth, Planner I
Email: aauseth@ci.chanhassen.mn.us
Phone: 952-227-1132
(Publish in the Chanhassen Villager on April 9, 2009)
{CANNED
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
�+p
c l OF (952) 227-1100
CHMIN
Date: March 24, 2009 Review Response Deadline: April 10, 2009
To: Development Plan Referral Agencies
From: Planning Department By: Angie Auseth, Planner I
Subject: Request for a Conditional Use Permit to allow an Electronic Message Center Sign and a Variance
from the individual dimension lettering requirement (minimum '/2-inch depth) to allow a flat cabinet
sign as part of a monument sign on property zoned Planned Unit Development, PUD located at 8175
Hazeltine Boulevard. Applicant/Owner: Michael Schlangen.
Planning Case: 09-04 PID: 25-0160200
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on March 20, 2009. The 60-day review period ends May 19, 2009.
In order for us 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.
This application is scheduled for consideration by the Chanhassen Planning Commission on April 21, 2009 at 7:00 p.m in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 10,
2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
f. Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint(United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
13. U of M Landscape Arboretum
Location Map
(Subject Property Highlighted in Yellow)
Arboretum Tire & Auto LED Monument Sign
8175 Hazeltine Boulevard
Planning Case 2009-04
City of Chanhassen:
My name is Mike Schlangen. I have lived in Chanhassen since 1987, and I own Arboretum Tire & Auto.
Arboretum Tire & Auto has been located in its current location since 2002, and we have been doing
business in the local area since 1986. We are an automotive repair center and do major and minor auto
repair and maintenance. We are not associated with any franchise, chain store or major corporation.
As such, it is necessary to be visible to customers from highway 41 because we have no major brand
recognition. A clean, aesthetically pleasing sign would allow us to inform potential customers about our
services.
Our plan is to replace the current monument sign with an LED message center on the property at 8175
Hazeltine Blvd. The LED message center will allow us to run services, specials and informative messages
to promote our business. It will easily be seen from highway 41 and will be slightly smaller than the
current sign in the same location.
This property has poor visibility from both the southbound and northbound lanes on highway 41.
Drivers headed south on 41 come over a hill and may not notice the sign or building until they are
almost past it. Drivers headed north may not notice our sign because of the other two signs on the
corner of the convenience store.
This new signage as planned includes a flat panel display. A flat panel display would have a cleaner look
and would be easier to maintain than a raised -letter display that would collect dirt and grime. Although
in most situations raised -letter signage is adequate, due to the limited viewing time of the drivers, it is
important for them to notice the LED sign before the name of the store. Because our name is not
synonymous with national auto repair, it is essential for potential customers to notice the services we
provide. Raised letter would distract from our ability to promote our messages. I would prefer not
having any signage in addition to an LED sign, but that is not allowed in the City of Chanhassen. I
understand the requirements of this additional signage, but I would hope that it is not mandatory for
this extra signage to detract from the message of my sign.
I have been willing to make many changes to accommodate the zoning requirements of the City of
Chanhassen because it is an excellent place to do business. I am simply asking for a minor
accommodation on the part of the City.
Thank you for your consideration.
Sincerely,
Mike Schlangen
PAINT CABINET, RIETAINERS
MESSAGE CENTERS FILL
AND POLE COVER BLACK
q elf
FABRICATE AND INSTALL ONE NEW 3'6" X 1 US" TOP CABINET
WITIi NEW FULL COLOR 2'2X 9'MESSAGE CENTERS.
OPAQ,E WHITE VINYL 7'6-15116' OAH
SCALE 311 W -
Jul
TO: Angie Auseth, Planner I
FROM: Jerritt Mohn, Building Offici
DATE: March 24, 2009
SUBJ: Review of Conditional Use Permit request and Variance to allow
an electronic message center sign on an existing monument at 8175
Hazeltine Blvd.
Planning Case: 09-04
With the provision that there are no structural alterations to the monument
construction, I have reviewed the above request for a variance and have no
comments or conditions.
G:\PL4N\2009 Planning Case "-04 Arboretum Tire & Auto LED Monument SignUildingofficialcomments.doc
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
,Ff OF (952) 227-1100
MUSEN
Date: March 24, 2009 Review Response Deadline: April 10, 2009
To: Development Plan Referral Agencies
From: Planning Department By: Angie Auseth, Planner I
Subject: Request for a Conditional Use Permit to allow an Electronic Message Center Sign and a Variance
from the individual dimension lettering requirement (minimum %2-inch depth) to allow a flat cabinet
sign as part of a monument sign on property zoned Planned Unit Development, PUD located at 8175
Hazeltine Boulevard. Applicant/owner: Michael Schlangen.
Planning Case: 09-04 PID: 25-0160200
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on March 20, 2009. The 60-day review period ends May 19, 2009.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations conceming 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.
This application is scheduled for consideration by the Chanhassen Planning Commission on April 21, 2009 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 10,
2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
f. Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/United)
10. Electric Company (Xcel Energy or MN Valley)
It. Mediacom
12. CenterPoint Energy Minnegasco
13. U of M Landscape Arboretum
Location Map
(Subject Property Highlighted in Yellow)
Arboretum Tire & Auto LED Monument Sign
8175 Hazeltine Boulevard
Planning Case 2009-04
City of Chanhassen:
My name is Mike Schlangen. I have lived in Chanhassen since 1987, and I own Arboretum Tire & Auto.
Arboretum Tire & Auto has been located in its current location since 2002, and we have been doing
business in the local area since 1986. We are an automotive repair center and do major and minor auto
repair and maintenance. We are not associated with any franchise, chain store or major corporation.
As such, it is necessary to be visible to customers from highway 41 because we have no major brand
recognition. A clean, aesthetically pleasing sign would allow us to inform potential customers about our
services.
Our plan is to replace the current monument sign with an LED message center on the property at 8175
Hazeltine Blvd. The LED message center will allow us to run services, specials and informative messages
to promote our business. It will easily be seen from highway 41 and will be slightly smaller than the
current sign in the same location.
This property has poor visibility from both the southbound and northbound lanes on highway 41.
Drivers headed south on 41 come over a hill and may not notice the sign or building until they are
almost past it. Drivers headed north may not notice our sign because of the other two signs on the
corner of the convenience store.
This new signage as planned includes a flat panel display. A flat panel display would have a cleaner look
and would be easier to maintain than a raised -letter display that would collect dirt and grime. Although
in most situations raised -letter signage is adequate, due to the limited viewing time of the drivers, it is
important for them to notice the LED sign before the name of the store. Because our name is not
synonymous with national auto repair, it is essential for potential customers to notice the services we
provide. Raised letter would distract from our ability to promote our messages. I would prefer not
having any signage in addition to an LED sign, but that is not allowed in the City of Chanhassen. I
understand the requirements of this additional signage, but I would hope that it is not mandatory for
this extra signage to detract from the message of my sign.
I have been willing to make many changes to accommodate the zoning requirements of the City of
Chanhassen because it is an excellent place to do business. I am simply asking for a minor
accommodation on the part of the City.
Thank you for your consideration.
Sincerely,
Mike Schlangen
PAINT CABINET, RETAINERS
MESSAGE CENTERS FILL
AND POLE COVER BLACK
- FABRICATE AND INSTALL ONE NEW 3'6" X 10'5" TOP CABINET
WITH NEW FULL COLOR 2'2' X 9' MESSAGE CENTERS.
OPAQJE WHITE VINYL 76-15.16" OAH
�_ NiV2CJ7
SCALE 3116' - 1'
ARBORETUM
$425 Cor
$200 Var
$200 Not
$50 Re(
$50 Re(
$925 TO'
$925 LeE
$0 BA
SCANNED
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
03/20/2009 11:26 AM
Receipt No. 0096155
CLERK: katie
PAYEE: Arboretum Tire & Auto
Planning Case 09-04 LED Monument Sign
-------------------------------------------------------
Use & Variance 675.00
Sign Rent 200.00
Recording Fees 50.00
Total
Cash
Check 23380
Change
925.00
0.00
925.00
0.00
sca�.r+co
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
CPI OF (952) 227-1100
Date: March 24, 2009 Review Response Deadline: April 10, 2009
To: Development Plan Referral Agencies
From: Planning Department By: Angie Auseth, Planner I
Subject: Request for a Conditional Use Permit to allow an Electronic Message Center Sign and a Variance
from the individual dimension lettering requirement (minimum ''/z-inch depth) to allow a flat cabinet
sign as part of a monument sign on property zoned Planned Unit Development, PUD located at 8175
Hazeltine Boulevard. Applicant/Owner: Michael Schlangen.
Planning Case: 09-04 PID: 25-0160200
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on March 20, 2009. The 60day review period ends May 19, 2009.
In order for us 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.
This application is scheduled for consideration by the Chanhassen Planning Commission on April 21, 2009 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 10,
2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
f. Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6.' U.S. Fish&Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
13. U of Landscape Arboretum SCANNED
Location Map
(Subject Property Highlighted in Yellow)
Arboretum Tire & Auto LED Monument Sign
8175 Hazeltine Boulevard
Planning Case 2009-04