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CAS-12_HOLIDAY STATIONSTORE #390-2960 WEST 82ND STREETCITY OF CII9II9SEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone:952227.1180 Fax 952.227.1190 Engineering Phone: 952.227,1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.227.1404 Planning 8 Natural Resources Phone. 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone, 952.227.1300 Fax: 952.227.1310 Senior Center Phone. 952.227.1125 Fax 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Auseth, Planner I DATE: June 25, 2007 SUBJ: Holiday Stationstore Sign Variance #07-12 EXECUTIVE SUMMARY Holiday Stationstore is requesting an illuminated sign on an existing gas canopy. The purpose of the sign is to advertise the new store hours of operation. When the site was approved with Arboretum Business Park Id Addition all freestanding signs be limited to one monument sign per street frontage. ACTION REQUIRED City Council approval requires a majority vote of the entire City Council. PLANNING SUNE%1ARY The Planning Commission held a public hearing on June 5, 2007, to review the proposed development. The Planning Commission voted unanimously against the variance request with a 5-0 vote. The summary and verbatim minutes are item la of the City Council packet for June 25, 2007. ISSUES During the Planning Commission meeting, issues arose regarding this item. They included: • What's the rationale behind restring lighted signage on a gas canopy? The restriction tries to limit the overflow of light into the evening sky. The canopy is intended to provide shelter above the gas pumps. City staff has always recommended the use of recessed lights under the canopy. The intent is to provide adequate lighting without over illuminating the area. What's the amount of light? Is there a wattage or a number of lumens given off by the sign? How much light are we talking about here? We're trying to keep the area a natural setting for the adjacent properties. • Can the applicant advertise the fact that the store is open without illuminating the canopy? sIminntu The City of Chanhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Holiday Stationstore Sign Variance Request Planning Case 07-12 June 25,2007 Page 2 of 2 Yes, there is an existing monument sign with an area for changeable letters. The applicant can add the wording "OPEN 24 HOURS" to the sign. This will achieve the applicant's goal without the need for a variance. RECOMMENDATION Staff recommends adoption of the motion denying variance #07-12 as specified on pages 4 and 5 in the attached staff report dated June 5, 2007. ATTACHMENTS 1. Planning Commission Staff Report Dated June 5, 2007. 2. Photographs of other gas station canopies within Chanhassen City limits. &\plan\2007 planning cases\07-12 holiday stationstm sign variance\07-12 executive summary.doc �M1 U W a a STAFF REPORT PROPOSAL: Request for an Illuminated Canopy Sign above Gas Pumps LOCATION: 2960 West 82°a Street Lot 1 and Lot 1, Arboretum Business Park 3'd Addition APPLICANT: Scott Meister Amtech Lighting 6077 Lake Elmo Ave N Stillwater, MN 55082 PRESENT ZONING: Planned Unit Development (PUD) 2020 LAND USE PLAN: Office/Industrial ACREAGE: 1.87 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting a variance for one set of illuminated channel letters for the front elevation of the existing canopy over the gas pumps. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 2 of 5 PROPOSAL SUMMARY The applicant is proposing signage on the existing canopy above the gas pumps. The property is zoned Planned Unit Development (PUD). The proposed canopy signage was not permitted in the Development Design Standards, which were adopted for the entire development. When the site was approved for development, the staff report specifically stated that signage would not be allowed on the gas canopy. The purpose of the applicant's request is to accommodate the new hours of operation. The gas station is now open 24 hours. The applicant argues that without illuminated signage on the canopy, the site does not appear to be open for business at night. APPLICABLE REGUATIONS Arboretum Business Park 3RD Addition Development Contraet/PUD Agreement All freestanding signs be limited to monument signs. See.20-913. Lighting. (a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. (d) Wall mounted lighting in commercial, industrial, and institutional districts shall comply with the following: (1) All wall mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 3 of 5 (e) Lighting shall not be directed skyward except for lighting designed for illuminating the United States of America Flag. Article XXVI Signs. Division 1 Variances. Sec. 20-1253 Sea 20-1253. A [sign] variance may be granted from the requirements of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. BACKGROUND On February 8, 1999, the City Council approved site plan #99-1 for a 5,737 square -foot Kwik Trip convenience store and as station with a drive -through car wash on Lot 1, Block 1, Arboretum Business Park 3 Addition. This project was later taken over by Citgo and revised to a 6,309 square foot building. In 2007, the project was taken over by Holiday Stationstores. The signage section As paFt of the PUD Development Contract for Arboretum Business Park 3nd Addition, approved February 8, 1999, stated all freestanding signs shall be limited to monument signs. The analysis section of the staff report for the subject site specifically stated that and signage is not permitted on the gas canopy. ANALYSIS The applicant states that the purpose of the signage is to advertise the fact that the store is now open 24 hours. This is not reflected anywhere in the proposed copy; it only states the name and logo of the business. According to City Code section 20-913 (a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. To Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 4 of 5 comply with this section, the canopy lights, as per approval of development, were recessed. By allowing the illuminated canopy signage, light will be visible beyond the site from which it originates and have a visual impact on adjacent properties such as the Minnesota Landscape Arboretum, which is a natural setting. The puTese of the lighfin The Holiday Station received approval for three new signs in March of 2007; two monument signs, one on West 82°d Street, one on Highway 41; and one wall sign above the entrance to the building. The monument signs are both illuminated, the sign along West 82°d Street has a changeable copy portion e€the sigu. Holiday could advertise their new hours on this sign. Additionally, window signage stating 24-hour operation would be possible. This signage would provide adequate opportunity to advertise the store's new hours of operation. Staff has researched all the gas stations within the city and only one has signage on the gas canopy, the Sinclair Station on Highway 5 and Dakota Ave. This sign is a nonconforming sign and the site is in the process of being redeveloped, in which case, the canopy sign will be removed. FINDINGS Chanhassen City Code Section 20-1253 Sign Variances states that a variance may be granted where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship. Based on the adequacy of existing signage, staff concludes that there is not a hardship regarding signage on this property due to topography or other conditions. The canopy itself is illuminated and there is an illuminated monument sign at each street frontage; one of which has changeable copy; which could be used to advertise the new store hours. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The PlanpAng Comniiss City Council denies Variance #07-12 for canopy signage above the gas pumps based on the attached Endings of fact." Findings for approval of the sign variance: 1. The site is situated considerably below the elevation of Highway 41. 2. There are no residential districts in the immediate vicinity that may be impacted by the sign. Should the Planning Commis City Council recommend approval of this request, staff recommends the following motion: The Planning Commission City Council recommends approval of variance 07-12 for canopy signage above the gas pumps with the following conditions: Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 5 of 5 1. The applicant shall apply for a sign permit before installing any new signage. 2. All signage shall use individual dimensional letters, at least one-half inch in depth. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than 15 percent of the sign display area. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice Affidavit of Mailing. 4. Proposed Survey. 5. Photographs of other gas canopies within Chanhassen city limits. gAplan\2007 planning cases\07-12 holiday stationstore sign variance\holiday sign var report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Holiday Stationstores, 2960 West 82°d Street, Variance No. 07-12 On June 5, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Holiday Stationstores for a canopy sign variance. The Planning Commission conducted a public hearing on the proposed development 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 PUD, Planned Unit Development 2. The property is guided by the Land Use Plan for Office/Industrial. 3. The legal description of the property is: Lot 1 Block 1, Arboretum Business Park 3`d Addition. 4. The Planning Commission shall not grant a variance unless they find the following facts: The literal enforcement of the ordinance does not create a hardship, since the Holiday Station has two monument signs, one of which has changeable copy that could advertise the new store hours. The PUD Development Contract specifically states that all freestanding signs shall be limited to monument signs. There is no topographical evidence of hardship on the property with regards to signage. • Due to the fact that the property is in a Planned Unit Development and signage was addressed in the Development Contract, permitting a monument sign per street frontage, a variance is not needed for this particular property. The ability to add canopy signage to the gas station will not increase the value of the property. However, it may increase the potential income to the business located on the parcel. The applicant's intent is to advertise the new store hours; however the proposed signage does not reflect the hours of operation. The hardship is self created as the applicant could advertise the new hours of operation on the existing monument sign located at W 82nd Street. The current signage is in compliance with City Code and with the PUD Development Contract for Arboretum Business Park 3 d Addition. • The variance will not be detrimental to the public welfare as the property is located adjacent to other commercial building. However, by granting the variance, the city could be setting a precedent to other gas stations in the city to request canopy sign variances when they are prohibited in the Development Contract agreed upon by the developer and the city. • The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 5. The planning report Variance #07-12, dated June, 2007, prepared by Angie Auseth, et al, is incorporated herein. RECOMMENDATION The Planning Commission denies a canopy sign variance. ADOPTED by the Chanhassen Planning Commission this 5'h day of June, 2007. CHANHASSEN PLANNING COMMISSION M Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: AM= LICEPING 6077 LAKE ELM AVENUE NORTH STIIZWATER. NV Contact: Sc= MEISTER Phone:651-439-7440 Fax: 651-439-7521 Email: Scott. meis ter@alxn. corn Planning Case No. I - CITY OF RECEIVED SSEN APR 2 7 2007 CHANHASSEN PLANNING DEPT Owner Name and Address: owl • 1• Y•�111•' u171t :: MINNEAPOLIS. MN• NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning X Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X for Filing Fee mey Cost" $50 UP/SPRNA NA AP/Metes & Bounds Minor SUB TOTAL FEE $ !:260— l d C01- 3-77 $ 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 81/2' X 11" redu ed copy for each plan sheet along with a digital co in TIFF -Group 4 ('.tif) format. 4/25�07 emailed site survey plans to aause ci.c n ssen.mn.us "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. PROJECT NAME: HOLIDAY STATIONSTORE #390 LOCATION: 2960 82ND STREET CHANHASSEN,MN LEGAL DESCRIPTION: THE NORTH LINE OF LOT 1, BLOCK 1, ARBORETUM BUSINESS PARK 3RD ADDITION HAS AN ASSUMED BEARING OF S89degrees 15'5"E. CARVER COUNTY MINNESUTA. TOTALACREAGE: 1.890 WETLANDS PRESENT: YES NO PRESENTZONING: GENERAL COMMERCIAL REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: THIS SITE IS OPEN 24 HOURS, 7 DAYS A WEEK. WITHOUT ILLUMINATED SIGNAGE ON THE CANOPY, THIS SITE DOES NOT APPEAR TO BE OPEN FOR BUSINESS AT NIGHT. HOLIDAY STATIONSTORES IS REQUESTING A VARIANCE FOR ONLY ONE SET OF ILLUMINATED CHANNEL LETTERS FOR THE FRONT ELEVATION OF THE CANOPY OVER THE PUMPS. TOTAL SQUARE FOOTAGE 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 Tille, 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. 5� 27-07 Lighting Date C/ .a 2- CL Stationstor0ate G:\pLAMforns\Development Review Applicatim DOC Rev. 12105 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 May 24, 2007, 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 Holiday Stationstore Sign Variance — Planning Case 07-12 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. i� DIJKyClerk Subscribed and sworn to before me this��'`day of 2007. Notary kuwig TM T. MEUWISSEN Z Nctary Public -Minnesota M)' Commssion Expres Jan 37, 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 5, 2007 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance for a Canopy Sign on property zoned Proposal: Planned Unit Development PUD Applicant: Hold a Stationstores Property 2960 West 82 Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/07-12.html. 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, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as apart 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 commerciaUndustrial. • 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 person(s). • 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, June 5, 2007 at 7:00 P.M. This hearing may not start until ' later in the evening, depending on the order of the a enda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance for a Canopy Sign on property zoned Proposal: Planned Unit Development PUD Applicant: Holiday Stationstores Property 2960 West 82 Street Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens W 1 • Staff will give an overview of the proposed project. the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/i)lan/07-12.html. 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, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a 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 commercel/industrial. • 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 person(s). • 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, lease contact the Planning Staff person named on the notification. W 82nd St. This map is neither a legally recorded map nor a survey and is not intended to be used w one. This map is a completion of racoNs, information and data located in vanous city, county, state and federal offices and what sources regarding the area shown, and is to be used for reference purposes only. The City does not wdrram that the Geographic Information System (GIS) Data used to prepare this rrep are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring erecting measurement of distance or direction or predsion in Me depiction of geographic features. If errors or discrepancies are found pease comact 952-227-1107. The preceding disclaimer is provided pursuant to Minhaeota Statutes §466.03, Subd. 21 (2"), and Me user of this map acknoxiedges that the City shall not be liable for any damages, and emressly waves all darn., and agrees to defend, indemnity, and hold harmem the City from any and all clans brought by User, is employees or agents, or Mid parties which arse out of the users access or use of data pro nde0- ri � . ' Disclaimer This map is neither a legally recorded nap nor a wrvey and is not intended to be used as one. This rrap m a compilation d records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City, does not wanam that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational. tracking or any other purpose requiring erecting measurement of distance or direction or precision in the cmuctim of geographic features. If emors or discrepancies are found please contact 952.227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and emressly waives an darts, and agrees to defend, indemnify, and hdd hamless the City Iron any and all dams brought by User. its employees or agents. or Mid parties which arse cut of the users access or use of data pov bled. TRUSTEE GROUP REALTY PTR VII J & J REAL ESTATE PROPERTIES FAE HOLIDAY NORWOOD LLC C/O STEINER DEVELOPMENT C/O A-Z RENTALS 4567 AMERICAN BLVD W 3610 HWY 101 S 6641 MINNEWASHTA PKY MINNEAPOLIS , MN 55437 -1123 WAYZATA , MN 55391 -3424 EXCELSIOR, MN 55331 -9657 JTT PARTNERS LLP C/O KAY MAASS 201 SUNSET BLVD WACONIA , MN 55387 -1234 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS , MN 55455 -0118 WATERTOWER PARTNERS LLC PO BOX 532 VICTORIA, MN 55386 -0532 COEUR TERRA LLP C/O SUMMERHILL COMMERCIAL R E 1458 WHITE OAK DR STE 106 CHASKA. MN 55318 -2525 ARBORETUM III REALTY PTRS LLP 361000RD101 WAYZATA , MN 55391 -3424 MICHAEL D & JANE E SCHLANGEN 1941 MELODY HILL CIR EXCELSIOR, MN 55331 -8805 CHASKA BUSINESS CENTER LP PROPERTIES LLC P PRO CHASKA GATEWAY PARTNERS C/O SENTINEL REAL ESTATE CORP S&S& PROSTEEN D ROBINS 3610 CO RD 101 1251 6TH AVE 4311 PEAVEY RD WAYZATA, MN 55391 -3424 35TH FLOOR NEW YORK , NY 10020 -1180 CHASKA, MN 55318 -2351 Public Hearing Notification Area (500 feet) Holiday Stationstore 2960 West 82nd Street Planning Case 07-12 City of Chanhassen ARBORETUM BLVD Arboretum Boulevard A tumn orp rate m 5 Au umn lace z 6 Au umn c U BpJ COULTER Cou\tee at r To k'er PI �a �m -- SUBJECT PROPERTY m z W 82nd St. U City of Chas N U `o r U |!|!|!�l,..|! I Il�!! ...... ®R\} c fit - ` 4 -�- /§��;er# I��`]! §§'\ It/it r "(Y4SIti RNUrke1 St •i.�- VOW- • "Vowdilloftro, STOP Kwik Trip Hwy 5 and Galpin Blvd. , Winner Gas Great Plains Blvd. and Lake Drive East IRS A i � , Holiday Stationstore Hwy 5 and Market Blvd. BP Station Hwy 5 and Dakota Ave I tier I-Q o NOW EL Sinclair Station Hwy 5 and Dakota Ave e IL June 26, 2007 CITY OF CI1ANI�ASSEN Mr. Scott Meister Amtech Lighting 7700 Market Boulevard 6077 Lake Elmo Avenue North Pe Chanhassen, MNN 55317 Stillwater, MN 55082 Administration Re: Holiday Stationstores Sign Variance Phone: 522211100 Fax: 952227.1110 Planning Case #07-12 Building Inspections Dear Mr. Meister: Phone: 952.227.1180 Fax: 952.227.1190 This letter is to confirm that on June 25, 2007, the Chanhassen City Council Engineering denied Variance #07-12 for canopy sage above the gas pumps at Holiday PFax:952.227.1170 Stationstore located at 2960 West 82 Street. Fax: 952.227.1170 Finance Should you have any questions, please feel free to contact me at (952) 227-1132 Phone:952.227.1140 oraauseth@ci.chanhassen.mn.us. Fax: 952.227.1110 Park 6 Recreation Sincerely, Phone:952227.1120 Fax10 Recreation Center Recreation Center . �-- 2310 Coulter Boulevard Phone:952.227.1400 Angie AuSeth Fax 952.227.1404 Planner I Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ec: Kate Aanenson, Community Development Director gAplan\2007 planning cases\07-12 holiday stationstore sign variance\denlal letter.doc SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charring downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. City Council Meeting - June 25, 2007 Mayor Furlong: Alright. Any other questions? Okay. At this time then we would open up the public hearing and invite all interested parties to come forward and address the council on the matter before us. Anyone? Seeing nobody, without objection well close the public hearing and bring it back to council for discussion or motion. Is there any discussion on this? Additional questions. Is there a motion to approve? Councilman Peterson: So moved. Councilwoman Ernst: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Resolution #2007-41: Councilman Peterson moved, Councilwoman Ernst seconded that the City Council approve Planning Case #06-14 for vacation of drainage and utility easements, Outlot A, The Preserve at Bluff Creek Vt Addition subject to filing The Preserve at Bluff Creek 2"d Addition plat and development contract. All voted in favor and the motion carried unanimously with a vote of 5 to 0. HOLIDAY STATIONSTORE, 2960 WEST 82NO STREET, APPLICANT: HOLIDAY STATIONSTORES: REOUEST FOR A VARIANCE FOR A CANOPY SIGN. Kate Aanenson: Thank you Mayor, members of the council. This item appeared before the Planning Commission on June 58'. At that time the applicant wasn't present but the Planning Commission did hold a hearing and they voted unanimously to deny the variance. Again the variance was for a request for a sign on a canopy located at the Holiday gas station at the intersection of Highway 41 and 82°d Street. The Planning Commission had a few questions that the staff addressed in their report regarding lighting. Limit canopy signs. I'm not going to go through it but I think I'll answer them as we move through the report. The applicant in his request stated that the reason that they wanted the signage, the canopy signage to indicate that the business was open 24 hours. But in reviewing the development contract and the site plan itself, ...there's enough information or queuing that it can be determined that it is open. Sign variances... city code are required to go to the Planning Commission and the City Council. While they did hold a public hearing... opportunity also at the City Council level. The gas station itself was approved in 1999. Originally it was a Kwik Trip as you recall. Recently it was a Citgo and then Holiday has taken over the project and introduced... So with that they did apply for the canopy sign which the staff recommended denial and here we are. So the request itself is for, on the canopy. It is light... What we did is look at some of the other sign canopies. Is that me rocking that? We took pictures of other sign canopies in the city. What we found is there's only one sign on a canopy and that's the Sinclair station which is the oldest one in the city and actually that is being considered for redevelopment. But we did look at the different night time views of Super America. Oasis Market. These are in the back ... the Kwik Trip. All these have the lights... Here's the Holiday at 5 and Market Boulevard. They don't have the lighted canopy ... and the Sinclair station which is the one that does have it but they're going through a redevelopment. If you look at the findings that it says in City Code where a variance is granted, we look at topographic issues. If there's something that they are a unique situation where it's difficult to see queuing, those sort of things... It's staffs interpretation that... illuminated canopy, 10 City Council Meeting - June 25, 2007 it's not a hardship and we looked at a couple other facts in here and that is being that there are two signs... There is opportunity to put a directive, Open 24 Hours on the sign. There's actually two monument signs on the site itself so they can do a written message on that and since the light's... and there's lights on behind the building, staff felt, as did the Planning Commission, that that was adequate ... this was open without the lights on the building itself. So for those reasons the Planning Commission and the staff did recommend that the City Council adopt the motion denying the variance with the conditions and the Findings of Fact in the staff report and I'd be happy to answer any questions. Mayor Furlong: Okay, thank you. Questions for staff. The lighting on the canopy itself. The lights underneath the canopy lighting up. Kate Aanenson: That's correct Mayor Furlong: Those are still on. Kate Aanenson: Correct. And that was our opinion... Councilman Litsey: So the big concern is that it allows people to see that its open 24 hours? Kate Aanenson: Yeah, you can ask the applicant but that was our indication. Allowing an additional message that they're open. Councilman Litsey: And the only other is the Sinclair which is the oldest probably in the city. Kate Aanenson: For gas stations, that's correct. Councilman Litsey: Yeah. Okay. Mayor Furlong: Thank you. Any other questions for staff? Councilwoman Ernst: Did you say that there was ... open 24 hours? Kate Aanenson: On the monument sign. Yeah, there's writing on that... There's a monument sign up here as you're going up the hill on 41, and also at the bottom, so that was adequate identification without a lit sign to put that on. 24 hours would fit on that. Besides what we felt was a visual for the lights coming down. Mayor Furlong: Any other questions for staff at this time? If not is the applicant here this evening? You have any comments or anything you'd like to address the council on? Good evening. Duane Downey: Hello Mr. Mayor, council members. I'm Duane Downey with Amtech Lighting representing Holiday Stationstores. The canopy gas signs ... further indication message that the store is open. They're usually not very you know, they usually aren't very bright anyway. They're all in red letters and then back lit with LED so they're not very bright so it City Council Meeting - June 25, 2007 doesn't really add to any light pollution. But it does add to the attractiveness of the stations in the night time and that when you're driving around and lights don't work or something, you can actually see that it really is open and that's usually a good indication that the signs are all on and that's basically where we're coming from. Thank you. Mayor Furlong: Any questions for Mr. Downey? Councilwoman Ernst: I just have one question. Aren't all the Holiday stations open 24 hours? Duane Downey: Well actually not. But the majority are, yeah. Councilwoman Ernst: I guess I always thought they were. Duane Downey: Yeah, there's just a. Mayor Furlong: Any other questions? Thank you. Any follow up questions for staff? If not, any discussion. Thoughts. Who'd like to go first, before I start calling names. So the question is do I feel lucky. Mr. Peterson. Councilman Peterson: You know I'd like to offer my assistance... business in any Chanhassen organization but I also, I can't see how we would grant this organization a sign variance that we've been pretty rigid on before with all the other gas stations. I would certainly be in here right away saying I want the same thing. It doesn't have to be open 24 hours... so to that end I can't support the variance and I would support what the Planning Commission and staff is recommending. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjornhom: I guess I have a hard time justifying any hardship for this. There are monument signs there already and I echo Councilman Peterson's thoughts of always wanting to be supportive of business but it is also in a specific spot in our town by the Arboretum in there that is going on, and I think we have always been strict about these regulations so I think you have to stick to those just because we would be seeing more and more growth and more and more of these issues as time goes on so I'm sorry but I'm also going to have to side with the Planning Commission. Mayor Furlong: Thank you. Councilwoman Ernst Councilwoman Ernst: Well as I said earlier, I thought all Holiday stations were open 24 hours so as far as that and also, our regulations I would have to support staffs recommendation on this as well. Mayor Furlong: Thank you. Councilman Litsey. Councilman Litsey: The nice thing about going last is it's all been said and I don't think there's any compelling reason to vote against what the Planning Commission recommended so. 12 City Council Meeting - June 25, 2007 Mayor Furlong: Thank you. My thoughts are similar. Lack of a hardship I think is the biggest issue for me. I think with the lack of a hardship and the precedence... Planning Commission and staff did look at it and I would support their recommendations as well. Any further discussion? If not, is there a motion? Councilman Litsey: So moved... Councilman Peterson: Based on the Findings of Fact. Mayor Furlong: Motion to deny. Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Councilman Litsey moved, Councilman Peterson seconded that the City Council denies Variance #07-12 for canopy signage above the gas pumps based on the attached findings of fact. Ail voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilwoman Tjomhom: I attended the 41 river crossing meeting last week and it's a good start. Some interesting discussions... was inconclusive. After the study was done there is no opinion. I mean there are several opinions that will be discussed in the future. The saga continues. Councilman Litsey: It's a quick read. Todd Gerhardt: Mayor and council members, in your packet, or in front of you there's an executive summary of that thick packet and ... you see in there that give you a small outline of each of the alternatives for the 41 river crossing. Both the Mayor and I attended a meeting with Shakopee, Scott County, Carver County on Friday and it seems as though that group is going to meet in the future and help determine which alternatives should be selected since the study was inconclusive so this is an ongoing process and appreciate Councilwoman Tjomhom attending... Mayor Furlong: He wants you to verify that the executive summary accurately covers the issues. Councilwoman Tjomhom: I'll get right on that. Mayor Furlong: Any other presentations? Councilman Peterson: The only other thing that I think probably in the next month, ...recommendation for updating and improving... last few months and I think we've got a plan that we can present and ... so I hope that will happen in the next 30 days. 13 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NIINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: The application of Holiday Stationstores, 2960 West 82°d Street, Variance No. 07-12 On June 5, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Holiday Stationstores for a canopy sign variance. The Planning Commission conducted a public hearing on the proposed development 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 PUD, Planned Unit Development 2. The property is guided by the Land Use Plan for Office/Industrial. 3. The legal description of the property is: Lot 1 Block 1, Arboretum Business Park 3rd Addition. 4. The Planning Commission shall not grant a variance unless they find the following facts: The literal enforcement of the ordinance does not create a hardship, since the Holiday Station has two monument signs, one of which has changeable copy that could advertise the new store hours. The PUD Development Contract specifically states that all freestanding signs shall be limited to monument signs. There is no topographical evidence of hardship on the property with regards to signage. • Due to the fact that the property is in a Planned Unit Development and signage was addressed in the Development Contract, permitting a monument sign per street frontage, a variance is not needed for this particular property. The ability to add canopy signage to the gas station will not increase the value of the property. However, it may increase the potential income to the business located on the parcel. The applicant's intent is to advertise the new store hours; however the proposed signage does not reflect the hours of operation. SCAMNEo The hardship is self created as the applicant could advertise the new hours of operation on the existing monument sign located at W 82 a Street. The current signage is in compliance with City Code and with the PUD Development Contract for Arboretum Business Park 3'a Addition. The variance will not be detrimental to the public welfare as the property is located adjacent to other commercial building. However, by granting the variance, the city could be setting a precedent to other gas stations in the city to request canopy sign variances when they are prohibited in the Development Contract agreed upon by the developer and the city. • The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 5. The planning report Variance #07-12, dated June, 2007, prepared by Angie Auseth, et al, is incorporated herein. RECOMMENDATION The Planning Commission denies a canopy sign variance. ADOPTED by the Chanhassen Planning Commission this 5`s day of June, 2007. CHANHASSEN IM City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 W10F (952) 227-1100 MW To: Mr. Scott Meister Amtech Lighting 6077 Lake Elmo Avenue North Stillwater, MN 55082 Invoice SALESPERSON DATE TERMS KTM 5/24/07 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 12 Property Owners List within 500' of 2960 West 82n° Street (Holiday Stationstore Sign Variance Request) $3.00 $36.00 TOTAL DUE $36.00 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 hearing scheduled for June 5, 2007. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #07-12. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 06/14/2007 3:27 PM Receipt No. 0044594 CLERK: katie PAYEE: AMTECH LIGHTING SERVICES PLANNING CASE #07-12 GISList ------------------------------------------------------- Total 36.00 Cash 0.00 Check 3804 36.00 Change 63MNV,g )) \ `` I� I 4& � � \ �f/ � {cx |) !| � ! \{ \ ,) ` / ) \ {A \ • : .. ® § ) } !n U' � 2 n Q CITY OF CHANHASSEN STAFF REPORT PC DATE: 6/5/07 CC DATE: 6/25/07 REVIEW DEADLINE: 6/26/07 CASE #: 07-12 BY: AA PROPOSAL: Request for an Illuminated Canopy Sign above Gas Pumps LOCATION: 2960 West 82°d Street Lot 1 and Lot 1, Arboretum Business Park 3'd Addition APPLICANT: Scott Meister Amtech Lighting 6077 Lake Elmo Ave N Stillwater, MN 55082 PRESENT ZONING: Planned Unit Development (PUD) 2020 LAND USE PLAN: Office/Industrial ACREAGE: 1.87 DENSITY: NA SUMMARY OF REQUEST: The applicant is requesting a variance for one set of illuminated channel letters for the front elevation of the existing canopy over the gas pumps. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. OCA Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 2 of 4 PROPOSAL SUMMARY The applicant is proposing signage on the existing canopy above the gas pumps. The property is zoned Planned Unit Development (PUD). The proposed canopy signage was not permitted in the Development Design Standards, which were adopted for the entire development. When the site was approved for development, the staff report specifically stated that signage would not be allowed on the gas canopy. The purpose of the applicant's request is to accommodate the new hours of operation. The gas station is now open 24 hours. The applicant argues that without illuminated signage on the canopy, the site does not appear to be open for business at night. APPLICABLE REGUATIONS Arboretum Business Park 3RD Addition Development Contract(PUD Agreement All freestanding signs be limited to monument signs. See.20-913. Lighting. (a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. (d) Wall mounted lighting in commercial, industrial, and institutional districts shall comply with the following: (1) All wall mounted light fixtures shall be shielded with a total cutoff angle equal to or less than 90 degrees. Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 3 of 4 (e) Lighting shall not be directed skyward except for lighting designed for illuminating the United States of America Flag. Article XXVI Signs. Division 1 Variances. Sec. 20-1253 Sec. 20-1253. A [sign] variance may be granted from the requirements of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. I:ZC4.Cc T11 UJ M On February 8, 1999, the City Council approved site plan #99-1 for a 5,737 square -foot Kwik Trip convenience store and gas station with a drive -through car wash on Lot 1, Block 1, Arboretum Business Park 3 Addition. This project was later taken over by Citgo and revised to a 6,309 square foot building. In 2007, the project was taken over by Holiday Stationstores. As part of the PUD Development Contract for Arboretum Business Park P Addition, approved February 8, 1999, all freestanding signs shall be limited to monument signs and signage is not permitted on the gas canopy. ANALYSIS The applicant states that the purpose of the signage is to advertise the fact that the store is now open 24 hours. This is not reflected anywhere in the proposed copy; it only states the name and logo of the business. According to City Code section 20-913 (a) Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. To comply with this section, the canopy lights, as per approval of development, were recessed. By Holiday Stationstore Sign Variance Planning Case 2007-12 June 5, 2007 Page 4 of 4 allowing the illuminated canopy signage, light will be visible beyond the site from which it originates and diffused into the sky and have a visual impact on adjacent properties such as the Minnesota Landscape Arboretum. The purpose of the lighting requirement is to reduce and eliminate "light pollution" within the city. The Holiday Station received approval for three new signs in March of 2007; two monument signs, one on West 82"d Street, one on Highway 41; and one wall sign above the entrance to the building. The monument signs are both illuminated, the sign along West 82"d Street has a changeable copy portion of the sign. Holiday could advertise their new hours on this sign. Additionally, window signage stating 24-hour operation would be possible. This signage would provide adequate opportunity to advertise the store's new hours of operation. FINDINGS Chanhassen City Code Section 20-1253 Sign Variances states that a variance may be granted where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship. Based on the adequacy of existing signage, staff concludes that there is not a hardship regarding signage on this property due to topography or other conditions. The canopy itself is illuminated and there is an illuminated monument sign at each street frontage; one of which has changeable copy; which could be used to advertise the new store hours. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #07-12 for canopy signage above the gas pumps based on the attached findings of fact." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice Affidavit of Mailing. 4. Proposed Survey. g:tplan\2007 planning case W-12 hohday stationstore sign variame\hohday sign vu repoiUm t gin" rrr .•"�' 1 Sinclair Station Hwy 5 and Dakota Ave Holiday Stationstore Hwy 5 and Market Blvd. - H.Ndar BP Station Hwy 5 and Dakota Ave all 49 Kwik Trip Hwy 5 and Galpin Blvd. Winner Gas Great Plains Blvd. and Lake Drive East -O a \Lu ket s ry r ' 2' 13'0 3/4" — 3'-6" { CITv RECEIVEDSSEN APR 2 7 2007 CHANHASSEN PLANNING DEPT 1 6' —1 1 1 /4" -- 12'-5 3/16" PE o a 1 a 5 " 7/ Ij^ 1'—D" 5 7/ " 5 7/ 5 7/8" MeineNea h sib Up Compvny P.O. m 110 im 210 9aullneef gm..' so Syynl ") M-sL" HOLIDAY w �PPnawi SCALE: f /2" = t y-0" CHANNEL LETTER LAYOUT E AS NOTED anon VARIOUS H74-01/102 RM0 MiC AYPR. BY: 10/17/01 DLH m N 0 D 0 G) m m cn 9 T SCANNED a7-iZ CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 5, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kathleen Thomas, Debbie Larson, and Dan Keefe MEMBERS ABSENT: Kevin Dillon and Mark Undestad STAFF PRESENT: Sharmeen Al-Jaff, Senior Planner; and Angie Auseth, Planner I PUBLIC HEARING: HOLIDAY STATIONSTORES. PLANNING CASE 07-12. Angie Auseth presented the staff report on this item. McDonald: Okay with that, any questions for staff? Let's start down here. Papke: What's the rationale for the restriction of the lighted signage? What's the, you know what are we trying to accomplish by limiting this? Auseth: We are trying to accomplish limiting the overflow of light into the evening sky for the Arboretum, which is directly adjacent to the property. Papke: So it's basically a dark skies kind of thing where we're trying to. Auseth: We're trying to keep it a natural setting for the adjacent properties. Papke: Okay. What's the amount of light? Is there a wattage or a number of lumens given off by the sign? I mean what, how much light are we talking about here? Is this going to be something you know that's just back lit and is going to glow a little bit or is this going to be like a, you know like a lighthouse? Auseth: It will be back lit. It won't be like a neon light. It will be like a normal back lit sign that you would see on other wall signs. Papke: That's all. McDonald: Okay. Kathleen? Thomas: Nope. Thank you very much. Semi" Planning Commission Meeting - June 5, 2007 McDonald: Debbie Larson: Yeah, I was wondering, okay it doesn't appear that there are any residential areas nearby so really the main purpose for this is to keeping with, I mean are the other gas stations in Chanhassen, do they have the same rules with the low signs? Because I m thinking on Highway 5 that's got signs that are lit and in the air. So is there a reason why this particular one is being held to stricter standards than to say Highway 5? Al -Jaffa Most of the canopies that we have on gas stations are not permitted to have an illuminated canopy. For instance Shell gas station, their canopy is not illuminated. Larson: Is the, is it Holiday? It's on 78"and 5. Why am I thinking that sign's high? Al-Jaff: Oh you're thinking of the type of sign that, the actual monument sign. Larson: That's a monument that isn't lit up? Al-Jaff: Well pylon versus monument is what you're asking about? Larson: Correct and they, so how does that differ from what these guys are asking for because it seems to me that one is, what is it 7 or 8 feet in the air or something like that. Al -Jaffa Correct. It depends on the type of zoning that we have. That area is zoned Highway Business and within that district you're allowed higher signage. This specific one is a Planned Unit Development and as Angie mentioned earlier, they do have two monument signs. Larson: Okay, so at some point will 41, the properties along 41 be able to change or will that zoning change so they can do that at a future date? Al -Jaffa There are no plans at this time to change the zoning to allow for a pylon sign versus the monument. Larson: Okay. And then is Chaska down the road or across the street? Al -Jaffa Correct. Larson: But that's different because. Al-Jaff: It's to the south of the subject site. Larson: Right, okay. Alright, that's all I have. McDonald: Thank you. Keefe: I just have one question. The applicant, without illuminated signage on the canopy, this site does not appear to be open for business at night. Is there any lights that are you know I #"MAU 2 Planning Commission Meeting - June 5, 2007 mean, I mean if I went by there after dark, would I be able to know that it's open without this sign? Auseth: Yes. This signage doesn't reflect anything regarding the hours. The canopy is currently lit with recessed lighting. The building has a wall sign that's lit in the evening, as well as the inside lights. Inside the building is showing that there are people in there and there's business going on. Keefe: Yeah. And so like when you're pumping your gas, there's light I presume in that area so you should be able to tell. Auseth: Correct. Keefe: Yeah, that the store is open. I just, you know in terms of the reason for the request, I don't know that that particular sign, you know if you see activity there and lights on, I think you'd at least assume that it's maybe open. I don't know. That's all, okay. McDonald: You state one of the reasons we don't want to do this is overflow of light because of the Arboretum. Isn't there a business directly to the north of that that signs out quite a bit of light? That is a rather well lit area. Al-Jaff: I believe the lights are internal. Inside the building. McDonald: I was out there last night and it's pretty bright when you get to the north of the gas station. There's a business out there. There's a, you've got the furniture store. There's a number of other businesses in there and you've got parking lot lights I guess that very well illuminates that area and that's directly across from the Arboretum. So as far as trying to protect the Arboretum, I don't see where this is going to add to that. I'm just asking a question you know. I have more when we get to the applicant's side of this but. Al-Jaff: The parking lot lights have to be down cast and they also have to be shielded. They may not exceed half a foot candle at the property line. McDonald: Okay. Al-Jaff: So there is a criteria that they have to meet. McDonald: It just seemed a lot brighter than that last night. Really I have no more questions of staff. Do we have an applicant here? Okay, then III open it up for a public meeting. At this point if there's anyone that wishes to come forward and make comment on this application, please come up to the lectern. State your name and address and address your comments to the commission. Well seeing no one come forward, I will close the public meeting and I'll bring it back to the council for comments. Kurt. Papke: I hear what you're saying about you know, this is going to be just a drop in the bucket. But on the other hand it's one of those precedent things where you know we let this one go. Planning Commission Meeting - June 5, 2007 Then Shell wants one and pretty much everybody's going to you know, it's the old snowball problem. So I think just from the standpoint of consistency and as Dan was mentioning, I don't see a real strong hardship here for granting a variance. I think the down lights from the canopy and the lights from the inside of the store and the lights on the monuments, I think there's plenty of lighting and evidence there that the place is open so I can't justify a hardship from my perspective. Thomas: Well I'm sorry that the applicant isn't here. I kind of wished to have asked him some more questions or at least to get a better feel of their stance on hardship and while I understand precedence, it's just sort of nice to be able to talk to them what they wanted to do so unfortunately they're not here and Kurt you're right, the precedence. I can't see the others lights coming in and wanting the same thing so. McDonald: Debbie. Larson: Just ditto what they said and I honestly don't see a huge problem with the lights but like he said, there's lights adjacent to that that's shining into the Arboretum. However, if we are trying to keep that somewhat natural, I'm inclined to decline it as well. McDonald: Okay. Keefe: Yeah, I think it's you know, it's a stretch to find a hardship based upon the reason for the application and I'm not seeing it. McDonald: Well I guess the comments I have is as I said, I went out there last night and I looked at all of this. If you drive south of 41 coming down, the fast thing you actually see is the monument sign that's on the northern border, before you can ever see the gas station because of the topography of the area. If you're coming from the south going north on 41, you can't see the station at all until you almost get past it on 82°d Street because of the trees. I would have been inclined to vote for this but we need an applicant here to tell us what the hardship is and you know based upon what I observed, it's not our job to make a case for an applicant so I too would be inclined to vote against this because I don't see the hardship. And you know that's it. I'm sorry the applicant didn't come to make a case. They might have been able to persuade us differently but other than that I think everything Kurt mentioned is absolutely correct and that's all we have to go on so I'm ready to accept a motion. Papke: Mr. Chair I make a motion that the Planning Commission denies Variance #07-12 for canopy signage above the gas pumps based on the attached Findings of Fact. McDonald: Do I have a second? Larson: I'd second it. Papke moved, Larson seconded that the Planning Commission denies Variance #07-12 for canopy signage above the gas pumps based on the attached Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 4 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.07-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 5, 2007, at 7:00p.m. intheCouncilChambersin Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance for a canopy sign on property zoned PUD locatedat2960 West82.d Street. Applicant Holiday Stationstore. A plan showing the location of the proposal is available for public review on a ity's web site a 1.c se mn.0 SCry - orawity Hall during regularbusiness hours. All interested persons me invited to attend this public hearing and express their opinions with respect to this proposal. Angie Auseth, Planner I Email:aauseth(eichanhassen�us Phone: 952-227- 1132 (Published in the Chanhassen Villager on Thursday, May 24, 2007; No. 4809) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, 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, 33IA.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. yrTd / 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: abcderghjjkhnnopq vwxyz Laurie A. Hartmann Subscribed and sworn before me on this2 L�/7day of _/� 2007 05;��41ylzz zz� Notary Public --------------- ` a' GWEN M. RADUENZ 4. r NOTARY NIBOC-MMESOTA w.rsrs+wws„wrir My Commst:i Epaes Jae 31, 2010 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter .............................................. $11.89 per column inch SCANNED FAX COVER SHEET Date: Li1�z i 02-OD7 Company: _An4e,-,h L 4V_Aln' P 7700 Market Blvd Attention: P.O. Box 147 Chanhassen, MN 55317 Fax Number: General Phone: 952-227-1100 sent By:qt off. Administrative Fax: 952-227.1110 Bldg/lnspections Fax: 952-227-1190 Direct Dial No: Engineering Far 952-227-1170 Park/Recreation Fax: 952-227-1110 - Planning Fax 952-227-1110 Sending -,2,?— pages, including cover page. Public Works Fax: 952-227-1310 Recreation Center Fax 952-227-14N �l Please find the information you requested WebAddress: w"AchanhassemnisLus ❑ Please review and call me ❑ Please call to confirm receipt of this fax If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 0 of (952) 227-1100 To: Mr. Scott Meister Amtech Lighting 6077 Lake Elmo Avenue North Stillwater, MN 55082 Invoice SALESPERSON DATE TERMS KTM 5/24/07 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 12 Property Owners List within 500' of 2960 West 82nd Street (Holiday Stationstore Sign Variance Request) $3.00 $36.00 TOTAL DUE $36.00 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 hearing scheduled for June 5, 2007. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #07-12. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! City of Chanhassen tv7700 Market Boulevard��o� P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 To: IMr. Scott Meister U Amtech Lighting 6077 Lake Elmo Avenue North Stillwater, MN 55082 Invoice epp-4.,- 0& SALESPERSON DATE TERMS KTM 5/24/07 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 12 Property Owners List within 500' of 2960 West 82rtl Street (Holiday Stationstore Sign Variance Request) $3.00 $36.00 TOTAL DUE $36.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for June 5, 2007. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #07-12. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! .!!!|!|!� ��!!!!|!;|!1!|!,.||,!�!||!||||!|!|!| fill !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! \\ k � it z ---------j !•§ R §�§�| [4R d•,§ \ §� g A )g]! | �� \ k{$lit d k§ §URjif L c HOLIDAY STATIONSTORE #390 - PLANNING CASE 07-12 $200 Variance $50 Escrow for Filing Fees $250 Amtech Lighting Services of the Midwest paid Check 3779 SCANNED Auseth, Angie From: Diane Kaaz [dkaaz@persona-inc.com] Sent: Thursday, April 26, 2007 2:53 PM To: Auseth, Angie Subject: Holiday Stationstore #390 - Chanhassen, MN Attachments: 042607 completed photoscan for variance 390 Chanhassen MN.pdf, #390 Chanhassen, MN 042607 completed #390 Chanhassen, photoscan for... MN Persona, Inc. is the sign vendor to Holiday Stationstores. Per our conversation from the other day, I'm emailing a digital copy of the site survey for this property, along with a colored rendering of the sign changes Holiday is requesting. Our installer will be submitting the variance application tomorrow with the application form and hard copies of all drawings required. I understand that if the application is submitted tomorrow, Holiday's request for variance will be heard at the June 5th meeting. Please, call with any questions or the need for additional information. Thank you! DIANE KAAZ Project Manager PERSONA, INC. ph: 800-843-9888 ext. 221 fax: 800-843-9890 <<042607 completed photoscan for variance 390 Chanhassen MN.pdf>> <<#390 Chanhassen, MN>> 1 MEMORANDUM TO: Angie Auseth, Planner I FROM: Jerritt Mohn, Building Official DATE: May 1, 2007 SUBJ: Review of variance request for a canopy sign at 2960 West 82'd Street (Holiday Stationstore) Planning Case: 07-12 I have reviewed the above request for a variance and have no comments or conditions. G:/PLAN/2007 Planning Cases/07-12 Holiday Stationstore Sign Variance/buildingofficialco=enu.doc PID# 250760010 t .l' 1 • i \ f Jwmn 3 a Copyrght 02007, Car rer CasmtJiNr•esota '' ILI 140ft t1' Legend Parcel Information Property Address: Taxpayer Information: Giver Rods 2960 82ND ST W FAE HOLIDAY NORWC LLC alsNas CHASKA , MN 4561 AMERICAN BLVD W / rMagian,MINNEAPOLIS, MN 55437 1dCams" Parcel Properties Constant •/ t�uarnt GIS Acres: 1.87709405 Homestead: N /• ,sj utter School Distrist: 0112 /V1 Manaus Parcel Location Lakes Section: 16 Platlmformatior: Parcels Township: 116 ARBORETUM BUSINESS PARK 3RD AD Cola 1005 Range: 023 Lot-001 Block-001 Payable Year 2008 ast Sale Information SaleDak: 01/11/2007 Est Market Value Land: $964500 Sak Price: S3000000 Est. Market Value Building: $531900 Qualified/UnqualiBed: UNQUALIFIED SALE Map Created: 5-1-2007 Est. Market Value Total: $1496400 CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 Date: May 1, 2007 To: Development Plan Referral Agencies From: Planning Department By: Angie Auseth, Planner I Subject: Request for a Variance for a canopy sign on property zoned PUD located at 2960 West 82"a Street — Holiday Stationstore. Planning Case: 07-12 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 27, 2007. The 60-day review period ends June 26, 2007. 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 concemed 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 June 5, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 25, 2007. 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. Other - 14. Other - SCANNED o-7— i2_ CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.07-12 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 5, 2007, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance for a canopy sign on property zoned PUD located at 2960 West 82°d Street. Applicant: Holiday Stationstore. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.ustsery/plan/07-12.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with inspect to this proposal. Angie Auseth, Planner I Email: aauseth@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on May 24, 2007) Un- iz CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/27/2007 4:24 PM Receipt No. 0041107 CLERK: katie PAYEE: AMTECH LIGHTING SERVICES HOLIDAY STATION #390 PLANNING CASE 07-12 ------------------------------------------------------- Use & Variance 200.00 Recording Fees 50.00 Total 250.00 Cash 0.00 Check 3778 250.00 Change S CAN NEp CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Name and Address: AMTECH T.TCHTTNC 6077 LAKE ELMO AVENUE NORTH STILLWATER, MN Contact: SCOTT MEISTER Phone: 651-439-7440 Fax: 651-439-7521 Email: scott.meister@abin.com Planning Case No. �1 — CITY RECEIVEDSSEN APR 2 7 2007 CHANHASSEN PLANNING DEPT Owner Name and Address: i nT TnAV CTAunnsmpps 4567 AMERICAN RLVD. WEST MINNEAPOLIS, MN 55440 Contact: KEITH YOKOM Phone:952-830-8891 Fax:952-830-1678 Email: keith.yokom@holidaycompanies.com NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning X Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X for Filing Fee rney Cost" $50 UP/SPR/VA /VA AP/Metes & Bounds -321750 Minor SUB TOTAL FEE $ ;_C Ct 3l7 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 8Y2" X 11" reduced copy for each plan sheet along with a digital co in TIFF -Group 4 (*.tif) format. 4/25G07 emailed site survey plans to aause ci.c n assen.mn.us **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. SCANNED PROJECT NAME: HOLIDAY STATIONSTORE #390 LOCATION: 2960 82ND STREET CHANHASSEN,MN LEGAL DESCRIPTION: THE NORTH LINE OF LOT 1, BLOCK 1, ARBORETUM BUSINESS PARK 3RD ADDITION HAS AN ASSUMED BEARING OF S89deerees 15'5"E. CARVER COUNTY MINNESOTA. TOTAL ACREAGE: 1.890 WETLANDS PRESENT: YES NO PRESENT ZONING: GENERAL COMMERCIAL REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: THIS SITE IS OPEN 24 HOURS, 7 DAYS A WEEK. WITHOUT ILLUMINATED SIGNAGE ON THE CANOPY, THIS SITE DOES NOT APPEAR TO BE OPEN FOR BUSINESS AT NIGHT. HOLIDAY STATIONSTORES IS REQUESTING A VARIANCE FOR ONLY ONE SET OF ILLUMINATED CHANNEL LETTERS FOR THE FRONT ELEVATION OF THE CANOPY OVER THE PUMPS. TOTAL SQUARE FOOTAGE IS 37.87. 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. sighting Date V ,a 2- v Stat ions tord�ate G:\pLAN\fonns\Development Review Application.DOC Rev. 12/05 SCANNED 3;3 T f#l�31��ftat�l i(�11f! !i#js(((1a r ��„' E aalafl3=afl.l!#tall(#�1f�lfffa#i1f(1 a .; i1111ii11#111t 1t11111111111111111111 i CD 5= SW o¢ a � �� I III '� .� � :•� � pll III' �� !€,• � j�i� . I 19 I a 9 — 17; n .t— ` �!� — _,__,..=• �^—e i is � � ' �'° L ;-71 Y 1; f f1 pill j (� jall # H^ �`1 ( i 1 6;F =1 1 a Egli i bra# f? a .a ats 11 i (3+3 p; 1 `1 1# IE 7 f 7�`:`` f (k. g1 �f =t=, i i:. i Ef'' 3=a flI t, ii _! (� (¢#� !( i g f � 11 # 8 I SI 8 ia' E !� fi' sf3 �`11• 1 E- #;'j• i fl (� ## f# fy ; ; I i ,= Q;'• ' , ((i � : ,+ ea i# =�'1 'il`1 aE,•t#a TH N 1 9 =i i i hilt 1 7 f' Ft#1' . a J : i'i p a• It• k=-, ! 1, S; °t:'t` k jj a 9B #. it ll ! 771+ f{ , {�"E f3= ti ia# (•,!§ , ° a �•.1 a : a33 CF d 4 ® Q 27" CHANNEL LETTERS AND CANOPY Customer: I Date I Prepared By: N>le. CobrouryYmyrmneuncinn rimyorpneiyeblMp l6 OWa nPY6 er%ibN1 wt HOLIDAY 4I26I07 CM nuire�mt nrMeembnwlnwrxr.pbee prwkeme romtlPY6 munnaemhbnmgherrh+Yaw. DISTRIBUTEDSREET OUrFMCOMPANY File Name: En 700 OX210 &OUTNWE&T Po BOX Y10 Location: e� Sign Makers//m3.9808 hers WATERTOWN. 8057MI-0210 CHANHASSEN, MN 42683 - 27" CHANNEL LETTERS AND CANOPY BAND X Pb.t laeoa+aseee SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: May 1, 2007 To: Development Plan Referral Agencies From: Planning Department By: Angie Auseth, Planner I Subject: Request for a Variance for a canopy sign on property zoned PUD located at 2960 West 82°d Street — Holiday Stationstore. Planning Case: 07-12 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on Apri127, 2007. The 60-day review period ends June 26, 2007. 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 June 5, 2007 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 25, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 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. Other - 14. Other - �\ § m/ ( 5E;! \\ � \ . § . �� ! �f! �!! �#- � !, .$ ! x ; 0 1. Ivai \ f o !! ` )LU \ \ LU 17L § 2 - !@ - } / } 0- _ }cl } .. � ° k 0 $ 2'IY 3/4" - 3'-5 5/16" CITY OF CHANHASSEN RECEIVED APR 2 7 2007 CHANHASSEN PLANNING DEP I 16'-11 1/4" 12'-5 3/16" - o a a 1. 1'-0" 5 7/ 5 7/ 5 7/� 41 lF;FOR a a W W C.m nl vo. MI 210 ]W nn 5.0..r Sp 5110, (W) W-114 [USfpu[R HOLIDAY SCALE: 1/2" = i'-0" �. gyp. CHANNEL LETTER LAYOUT H74-01/102 AS NOTED VARIOUS RMG 110/17/01 n m N m Lo z D D } 4 m DLH ale—'Ttt- III i}�i$f��i!lEi� �f+f��! 1}ffjiffff b ,3�lif?fi}i.itfEaiif}��f�Ellfaf��lf� fifffffffffffffffiffflfffffffif i i f f f • ��'� IIi� E I+: 4 rr; colu n4' 9; iI III I `� 2 W N , I Ott a y •° Y i f$ _ f' I v E ia." I s 1 3 I^i — — _ — — — i — i 3 - - - -_---_ I fl��l 6 �� .;� � ! j :� �,� bt, FFf �� p�! PI'a ``,ia a p, I€ } gea 1,fa ° ? I �'y aif � ad m y,� 'c`� •s"3 i1t'jtl,E .j' i �[e'R�t !�_ 3 pt E� a F�IEi+ i � 1.ff} }5 it �E 3 � i 8 � � 3 �� `J a iaFv j�F 1�` F 1,�[• 1 , 3 F F�� 11 � ��f� � } }5 li Ia. p o f I li a a a a GENERAL NOTES 1. Fee ownership is vested in Michael D. Schlangen x 1007 8 N 2. This survey is based upon information found in the commitment for title insurance prepared by First American Title Insurance Company, File No. NCS-266330—MPLS, dated effective October 31, 2007 at 7:30 A.M. 3. For the purpose of this survey, the north line of Lot 1, Block 1, ARBORETUM BUSINESS PARK 3RD ADDITION has an assumed bearing of S89°15"57"E. 4. Federal Emergency Management Agency has indicated that the property shown on this survey map is in Flood Zone C (Areas of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 270051 0005 B, published by the Federal Emergency Management Agency, effective date July 2, 1979. 5. Utilities shown are from visible surface marks provided by Gopher State One Call. Reference ticket number 60763513 for utility information across this property. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities may vary from locations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Call Notification Center (800) 252-1166 for verification of utility type and field location prior to excavation. 6. Property Area: Total = 82,316 Sq. Ft. or 1.890 (Ac.). Easements = 29,126 So. Ft. or 0.669 (Ac.) Net = 53,190 Sq. Ft. or 1.221 (Ac. ) 7. Property has access to 82nd Street, a public right—of—way. 8. The field survey of this site was completed on December 19, 2006. 9. The City of Chanhassen has indicated that the property is currently zoned PUD, (Planned Unit Development District), under the applicable zoning regulations, and that the current setbacks are: Building: Parking: Hwy. 41 = 70 Feet Hwy. 41 = 50 Feet 82nd St.= 30 Feet 82nd St.= 20 Feet Interior = 0 Feet Interior = 0 Feet The maximum building height is 3 Stories or 40 Feet. For additional information call the City of Chanhassen Zoning and Planning Department. 10. Total number of striped parking stalls on site: 21 (regular = 20, handicapped = 1) 11. Benchmark — Top nut hydrant Southeast Quadrant 82nd Street & State Highway No. 41 (As Shown on Survey) Elevation = 1002.60 (NGVD 29) SCHEDULE B SECTION li EXCEPTION NOTES Property is subject to the drainage and utility easements as shown on the Qrecorded plat of ARBORETUM BUSINESS PARK 3RD ADDITION, as shown on 1 map. (Item 9 of Schedule B, Section It of above —referenced title commitment). Property is subject to a Terms and conditions of Interim Use Permit No. 97-1 dated May 27, 1997, filed September 12, 1997, as Document No. 215745, not shown graphically, not shown graphically. (Item 10 of Schedule B, Section II of above —referenced title commitment). Property is subject to a Terms and conditions of Wetland Alteration Permit No. 97-1 dated July 28, 1997. filed September 12, 1997, as Document No. 215746, not shown graphically. (Item 11 of Schedule B, Section II of above —referenced title commitment). Terms and conditions of Development Contract/PUD Agreement for Arboretum Business Park Addition is survey related, but does not apply to subject property, not shown graphically. (Item 12 of Schedule B, Section II of above —referenced title commitment) Property is subject to a Terms and conditions of Development Contract/PUD Agreement for Arboretum Business Park 3rd Addition dated October 11, 1999, fled December 23, 1999, as Document No. 262448, not shown graphically. (Item 13 of Schedule B. Section II of above —referenced title commitment). QProperty is subject to a Easement for Driveway, access, ingress and egress purposed for the benefit of a parcel of land adjoining the land on the 2 north as contained in Easement Agreement dated June 29, 1998, filed July 8, 1998, as Document No. 230788, and the terms and conditions thereof. as shown on map. (Item 14 of Schedule B, Section II of above —referenced title commitment). Q3 Property is subject to a Permanent Trail Easement in favor of the City of Chanhassen dated December 15, 1999, filed December 23, 1999, as Document No. 262449. as shown on map. (Item 15 of Schedule B, Section II of above —referenced title commitment). Property is subject to a Terms and conditions of Encroachment Agreement dated September 18, 2000, file November 3, 2000, as Document No. 277528, not shown graphically. (Item 16 of Schedule B, Section II of above —referenced title commitment). Rights of the State of Minnesota to construct snow fence as established by Warranty deed filed December 31, 1923, in Book 26 of Deeds, Page 613 provided by First American Title Insurance Company is unreadable, not shown graphically. A4No documentation has been provided concerning access onto State Highway No. 41. DESCRIPTION Lot 1, Block 1, ARBORETUM BUSINESS PARK 3RD ADDITION, Carver County Minnesota. CERTIFICATION To Michael D. Schlangen, Holiday Stationstores, Inc. a Minnesota corporation, FAE Holiday Chanhassen, LLC, a Minnesota limited liability company, and First American Title Insurance Company. This is to certify that this map or plat and the survey on which it is based were made in accordance with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys," jointly established and adopted by ALTA and NSPS in 2005. and includes Items 1, 2, 3, 4, 5, 6, 7(a), 8, 9, 10 and 11(b) of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, undersigned further certifies that in my professional opinion, as a land surveyor registered in the State of Minnesota, the Relative Positional Accuracy of this survey does not exceed that which Is specified therein. Date of Original Signature: January 10, 2007 Daniel G. Nickols CITY OF CHANHASSEN Land Surveyor, MN License No. 19839 RECEIVED APR 2 7 2007 CHANHASSEN PLANNING DEPT Schoell Madson Planning Engineering Surveying 15050 23rd Avenue North Plymouth, Minnesota 55447 T 763-746.1600 F 763-746-1699 554 Third Street NW, Suite 100 Elk River, Minnesota 55330 T 763-241-0108 F 763-241-8351 www.schoellmadson.com KLVIJIUINJ NO. DATE BY DESCRIPTION CK'D 1 1-08-2007 FJM I REVISED BOUNDARY DGN 2 1-10-2007 FJM REVISED CERTIFICATION & ADDRESS DGN 3 IT- 5 6 x 1006 7 1005.4 /1 This drawing has been checked and reviewed this 10th day of January 2007 by FIELD BOOK: 610L PAGE: 75 1001.4 x 1000.1 CERTIFICATION I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota. DANIEL G. NICKOLS Date: 01 /10/2007 License No. 19839 LOCATION 2960 WEST 82ND STREET CHANHASSEN, MN. 55317 A CLIENT HOLIDAY COMPANIES, INC. 4567 AMERICAN BLVD. WEST BLOOMINGTON, MN. 55437 W E S 30 0 15 30 60 (SCALE IN FEET ) LEGEND M Denotes Gas Meter Denotes Fire Hydrant 0 Denotes Sanitary Sewer Manhole ® Denotes Electric Manhole ❑ Denotes Storm Catch Basin Denotes Storm Manhole • Denotes Found Iron Monument O Denotes Set Iron Monument 0 Denotes Cast Iron Monument k( Denotes Traffic Signal o Denotes Utility Pole Denotes Guy Wire �z Denotes Light Pole N Denotes Water Gate Valve FAI Denotes Electric Transformer O Denotes Post n Denotes Sign Denotes Post Indicator Valve r Denotes Handicap Parking Stall x999.9 Denotes Existing Spot Elevation (P) Denotes Platted Distance (M) Denotes Measured Distance SS Denotes Sanitary Sewer ST Denotes Storm Sewer I Denotes Watermain Denotes Gasmoin E Denotes Under Ground Electric Lines T Denotes Under Ground Telephone Lines F•o Denotes Under Ground Fiber Optic Lines off Denotes Over Head Lines ODenotes Parking Stall Count 0 Denotes Bituminous Surface -° .a -I Denotes Concrete Surface Denotes Gravel Surface — — 999 — Denotes Existing Contour Denotes Concrete Curb & Gutter VICINITY MAP NOT TO SCALE Sec. 16, T. 116 N, R. 23 W 41 NW /4 NE 1/4 a SITE 3 82ND AVENUE x a SW /4 SE 1/4 SHEET ALTA/ACSM LAND TITLE SURVEY SHEET N0. 1 OF 1 S.M.I. PROJECT NO. 64271-003 x 1007.8 N GENERAL NOTES 1. Fee ownership is vested in Michael D. Schlongen 2. This survey is based upon information found in the commitment for title insurance prepared by First American Title Insurance Company, File No. NCS-266330—MPLS, dated effective October 31, 2007 at 7:30 A.M. 3. For the purpose of this survey, the north line of Lot 1, Block 1, ARBORETUM BUSINESS PARK 3RD ADDITION has on assumed bearing of S89'15'57"E. 4. Federal Emergency Management Agency has indicated that the property shown on this survey map is in Flood Zone C (Areas of minimal flooding), according to Flood Insurance Rate Map Community Panel No. 270051 0005 S, published by the Federal Emergency Management Agency, effective date July 2, 1979. 5. Utilities shown are from visible surface marks provided by Gopher State One Call. Reference ticket number 60763513 for utility information across this property. Excavations were not made during the process of this survey to locate underground utilities and/or structures. The location of underground utilities may vary from locations shown hereon and additional underground utilities and/or structures may be encountered. Contact Gopher State One Coll Notification Center (800) 252-1166 for verification of utility type and field location prior to excavation. 6. Property Area: Total = 82,316 Sq. Ft. or 1.890 (Ac.). Net = 53,190 Sq. Ft. or 1.221 (Ac 7. Property has access to 82nd Street, a public right—of—way. B. The field survey of this site was completed on December 19, 2006. 9. The City of Chanhassen has indicated that the property is currently zoned PUD, (Planned Unit Development District), under the applicable zoning regulations, and that the current setbacks are: Building: Parking: Hwy. 41 = 70 Feet Hwy. 41 = 50 Feet 82nd St.= 30 Feet 82nd St.= 20 Feet Interior = 0 Feet Interior = 0 Feet The maximum building height is 3 Stories or 40 Feet. For additional information call the City of Chanhassen Zoning and Planning Department. 10. Total number of striped parking stalls on site: 21 (regular = 20, handicapped = 1) 11. Benchmark — Top nut hydrant Southeast Quadrant 82nd Street & State Highway No. 41 (As Shown on Survey) Elevation = 1002.60 (NGVD 29) SCHEDULE B SECTION II EXCEPTION NOTES Property is subject to the drainage and utility easements as shown on the Qrecorded plot of ARBORETUM BUSINESS PARK 3RD ADDITION, as shown on 1 map. (Item 9 of Schedule B, Section II of above —referenced title commitment). Property is subject to a Terms and conditions of Interim Use Permit No. 97-1 dated May 27, 1997, filed September 12, 1997, as Document No. 215745, not shown graphically, not shown graphically. (Item 10 of Schedule B, Section II of above —referenced title commitment). Property is subject to a Terms and conditions of Wetland Alteration Permit No. 97-1 dated July 28, 1997, filed September 12, 1997, as Document No. 215746, not shown graphically. (Item 11 of Schedule B, Section II of above —referenced title commitment). Terms and conditions of Development Contract/PUD Agreement for Arboretum Business Park Addition is survey related, but does not apply to subject property, not shown graphically. (Item 12 of Schedule B, Section II of above —referenced title commitment) Property is subject to a Terms and conditions of Development Contract/PUD Agreement for Arboretum Business Park 3rd Addition dated October 11, 1999, filed December 23, 1999, as Document No. 262448, not shown graphically. (Item 13 of Schedule B. Section II of above —referenced title commitment). QProperty is subject to a Easement for Driveway, access, ingress and egress purposed for the benefit of a parcel of land adjoining the land on the 2 north as contained in Easement Agreement dated June 29, 1998, filed July 8, 1998, as Document No. 230788, and the terms and conditions thereof. as shown on map. (Item 14 of Schedule B. Section II of above —referenced title commitment). Q3 Property is subject to a Permanent Trail Easement in favor of the City of Chanhassen dated December 15, 1999. fled December 23, 1999, as Document No. 262449. as shown on map. (Item 15 of Schedule B, Section II of above —referenced title commitment). Property is subject to a Terms and conditions of Encroachment Agreement dated September 18, 2000, file November 3, 2000, as Document No. 277528, not shown graphically. (Item 16 of Schedule B. Section II of above —referenced title commitment). Rights of the State of Minnesota to construct snow fence as established by Warranty deed filed December 31, 1923, in Book 26 of Deeds, Page 613 provided by First American Title Insurance Company is unreadable, not shown graphically. No documentation has been provided concerning access onto State Highway No. 41. DESCRIPTION Lot 1, Block 1, ARBORETUM BUSINESS PARK 3RD ADDITION, Carver County Minnesota. CERTIFICATION To Michael D. Schlongen, Holiday Stationstores, Inc. a Minnesota corporation, FAE Holiday Chanhassen, LLC, a Minnesota limited liability company, and First American Title Insurance Company. This is to certify that this map or plat and the survey on which it is based were made in accordance with the Minimum Standard Detail Requirements for ALTA/AGSM Land Title Surveys," jointly established and adopted by ALTA and NSPS in 2005, and includes Items 1, 2, 3, 4, 5, 6, 7(a), 8, 9, 10 and 11(b) of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, undersigned further certifies that in my professional opinion, as a land surveyor registered in the State of Minnesota, the Relative Positional Accuracy of this survey does not exceed that which is specified therein. Date of Original Signature: January 10, 2007 Daniel G. Nickels Land Surveyor, MN License No. 19839 Schoell Madson Planning Engineering Surveying 15050 23rd Avenue North Plymouth, Minnesota 55447 T 763.746-1600 F 763-746-1699 554 Third Street NW, Suite 100 Elk River, Minnesota 55330 T 763-241-0108 F 763-241-8351 www.schoellmadson.com I REVISIONS NO. DATE BY DESCRIPTION CK'D 1 1-08-2007 FJM I REVISED BOUNDARY DGN 2 1-10-2007 FJM REVISED CERTIFICATION & ADDRESS DGN 3 4 5 6 M 40 SOUTH LINE OF —THE NW 1/4, SEC. 16, TWP. 116. RGE. 23 This drawing has been checked and reviewed this 10th day of January 2007 by FIELD BOOK: 610L PAGE: 75 BENCHMARK: Top nut hydrant Southeast Quadrant 82nd _ —Street & State Highway No. 41 Elevation = 1002.60 (NGVD 29) CERTIFICATION I hereby certify that this survey was prepared under my supervision and that I am a Licensed Land Surveyor under the laws of the State of Minnesota. DANIEL G. NICKOLS Date: 01 /10/2007 License No. 19839 S89015'57"E (M) 269.83 LOCATION _ NORTH LINE OF ( LOT 1 2960 WEST 82ND STREET CHANHASSEN, MN. 55317 �1 X 999.1 CITY `r> PpR � CITY OFCHANHASSEN RECEIVED APR 2 7 2007 CHANHASSEN PLANNING DEPT A x 997.9 W\ o u P 0 (n N 993.2 X\ O x 990.5 CLIENT HOLIDAY COMPANIES, INC. 4567 AMERICAN BLVD. WEST BLOOMINGTON, MN. 55437 Uff E S 30 0 15 30 60 (SCALE IN FEET ) LEGEND RE Denotes Gas Meter Denotes Fire Hydrant Denotes Sanitary Sewer Manhole ® Denotes Electric Manhole ❑ Denotes Storm Catch Basin Denotes Storm Manhole • Denotes Found Iron Monument O Denotes Set Iron Monument Denotes Cast Iron Monument k( Denotes Traffic Signal o Denotes Utility Pole Denotes Guy Wire >$ Denotes Light Pole N Denotes Water Gate Valve ❑A Denotes Electric Transformer O Denotes Post n Denotes Sign 1�1 Denotes Post Indicator Valve t Denotes Handicap Parking Stall x999.9 Denotes Existing Spot Elevation (P) Denotes Platted Distance (M) Denotes Measured Distance ss Denotes Sanitary Sewer ST Denotes Storm Sewer Denotes Watermain c Denotes Gosmain E Denotes Under Ground Electric Lines 7 Denotes Under Ground Telephone Lines Fo Denotes Under Ground Fiber Optic Lines off Denotes Over Head Lines ODenotes Parking Stall Count 0 Denotes Bituminous Surface -.` -.- .a Denotes Concrete Surface Denotes Gravel Surface — 999 — — Denotes Existing Contour Denotes Concrete Curb & Gutter VICINITY MAP NOT TO SCALE Sec. 16, T. 116 N, R. 23 W 41 NW /4 NE 1/4 o SITE 3 82ND AVENUE x SW /4 SE 1/4 SHEET ALTA/ACSM LAND TITLE SURVEY SHEET NO. 1 OF 1 SCAMNEp S.M.I. PROJECT NO. 64271-003