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CAS-28_AMERICANA COMMUNITY BANK0 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. M ! MY l OF October 20, 2005 CWNSEN 7700 Market Boulevard PO Box 141 Chanhassen, MN 55317 Mr. Paul Punt Attracts Sign Administration 14680 James Road Phone: 952221110o Rogers, MN 55374 g Fax 952227.1110 Building Inspections Americana Community Bank Phone:952227.1180 600 Market Street, Suite 100 Fax: 952.227.1190 Chanhassen, MN 55317 Engineering Phone: 952.227.1160 Fax: 952,227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park A Recreation Phone:952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phox 952.227.1400 Fax: 952,227.1404 Planning 6 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.mo.us Re: Variance, 600 Market Street — Planning Case #05-28 To Whom It May Concern: This letter is to formally notify you that on September 29, 2005, the Chanhassen City Council approved the following motion: "The City Council denies Variance #05-28 for a request for relief from the city's ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant has adequate signage." If you have any questions, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. g7Ap1an\2005 planning cases\05-28 americana community bank sign varimm\Iener of denial.doc !CANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a chaoning downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. 0 o s—Z$ City Council Meeting — September 29, 2005 Councilman Lundquist: Actually probably limits development rather than allows it because you're taking away the access to provide a road through there. Todd Gerhardt: And if you look at the other map, I'm trying to figure out why we would have wanted a road that way anyway because it doesn't connect to the neighboring subdivision access points so. Mayor Furlong: Does that answer your question sir? Thank you. We're still within a public hearing so if anybody else would like to come forward and address this issue, please do so at this time. Seeing nobody then without objection we'll close the public hearing and bring it back to council for discussion. Are there any additional questions or discussion on this matter? Any comments? Hearing none, is there a motion to approve? Councilman Lundquist: Motion to approve. Mayor Furlong: Thank you. A second? Councilman Labatt: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Resolution#2005-84: Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve a resolution vacating the 60 foot roadway easement located along the property line between Lots 7 and 8, Block 2, Timberwood Estates Addition. All voted in favor and the motion carried unanimously with a vote of 5 to 0. AMERICANA COMMUNITY BANK, 600 MARKET STREET, SUITE 100, REQUEST FOR A VARIANCE TO PLACE A SIGN ON A CANOPY, PLANNING CASE 05-28. Bob Generous: Thank you Mr. Mayor, council members. As you stated this is a variance request for a sign on the north elevation of the Americana Bank. Our ordinance permits signage on street Frontages or primary entrances to buildings. This is neither for the Americana Bank and so it's the appropriate location. This is a site plan. As you can see on the west elevation and the south elevation, which are street frontages for the development, they do have wall signage that's been approved. And in the northwest corner of the site they have a monument sign that they'll have their business name on also. Staff believes this provides adequate signage for the Americana Bank and has recommended denial. As part of the public hearing before the Planning Commission they also vote to recommend denial of the variance request. With that I'd be happy to answer any questions. Mayor Furlong: Thank you. Questions for staff. Mr. Generous, what are the other, this is a multi tenant building. What do the other sign allowances, or what's coming forward that you're aware of? How much signage is going to be on this side of the building or throughout, around the building? SCANNED 0 City Council Meeting — September 29, 2005 Bob Generous: Well as you go further east there are some entrances to individual units that won't have signage and that will be based on their wall area, so we don't know what the total amount will be. Mayor Furlong: That would be on the south side of the building? Bob Generous: Well on the south side and they have entrances on the north or the east side of the building. They would be able to put a sign above their entrance to provide opportunity for people to locate them in that multi tenant development. Mayor Furlong: Okay. Okay. And how about, it's a two story building. How about the second floor. That would be accessed from inside. Bob Generous: Well they would get a percentage of that. Well they would have signage on the street frontage of course within the sign band area. However I do have an application that will be coming forward in about a month regarding a locational issue on another tenant within the building. Mayor Furlong: Okay. Thank you. Any other questions for staff? If not, is the applicant here this evening? Good evening sir. Paul Punt: Good evening. My name is Paul Punt. I'm with Attracta Signs. The President of the bank couldn't be here tonight. We'd like to speak to a few of the issues. Number one, when these plans come before the Planning Commission and the council and even when the developer is developing the plan originally, it's impossible to consider every consideration that that building's going to be used for or what the tenant's needs are in that building. And for that reason there should be some flexibility and I think everybody agrees with that. Often times when a development is put forth before the city and before the Planning Commission there's a little give and take that takes place. So you end up with commercial buildings around town that have signage on them which actually does not conform to the city code. Sign codes. And that includes signs such as signs that are on non -street front facing sides of the building. Some that don't have entrances. I can cite a couple of them. Houlihan's is one. They have signs on 3 sides of the building. One faces the parking lot where the entrance is. One faces the street and the other one faces the wetland. But it is visible from Highway 5, but it's still not frontage because the lot doesn't front on Highway 5. Another one would be right next door, Culver's. They have signs on all 4 sides of the building. So there are exceptions made and I realize that some of that is in the give and take of the planning process, and a lot of these when you're, especially when you're dealing with businesses like Culver's for instance. They have a set plan that they go nation wide. They have a set plan and the signs are ready. Where you're doing a development like this, you don't know who all the tenants are going to be. You don't know ahead of time what all their needs are and you proceed along that line. Most importantly I think the city recognizes and I think Bob even mentioned that signs are allowed to be located on non -street frontage as long as there's an entrance there. And the bank's contention is that that drive thru is as important entrance to them as their front door. That's a big part of the business. I don't know exactly what it is but a large part of the business is done at the drive up. As is, well we've all 0 • City Council Meeting — Se• ber 29, 2005 • done it. I mean you drive to the bank, you make a deposit. You run through the drive up. And the drive up gives them some flexibility as far as hours and that type of thing. There's many times that people can use that drive up to do their banking when the lobby's closed. So in that respect I think it is an entrance. Bob talked about one of the signs that's going to go there is a small sign that's going on the, I don't think I have a picture of it. A small sign that is going on, right next to the drive up entrance that has ATM and drive up in it, and it's got letters, about 2 inch letters on it that say Americana Bank. But the Americana Bank, Community Bank and that sets back from the road probably around 200 feet from Market Boulevard, and you know the name isn't visible. The intention of this sign was that it would be a directional sign. Given how that driveway goes in there and stuff, it could be confusing that people end up in that drive thru when it's one way around the building and when they don't belong there so that's why that sign is going in there to begin with. To begin with to show that this is the drive up entrance. It's not intended to be an identification sign for the bank. The bank also has, from their old location to the new one they have had a, at this point a net loss of about 45% of their signage, from what they had on the old building. If this drive up, or if this canopy sign were permitted they'd still be 30% behind what they had before, so they are losing considerable amount of signage. I've got a little drawing here of the site. This would be Market Boulevard down here and this would be West 78m Street. Where the number 1 is there, is the view from the street at West 78m Street. As you can see that canopy is readily visible, whereas no other part of that building is. Our contention is that West 78t° Street would be just as much of a street frontage as Highway 5 would be to Houlihan's. Even though you're looking through a parking lot, it's still visible from that street. Picture number 2 is taken right after you turn the corner and you're heading down Market Boulevard. The end of the canopy is visible. The rest of the building is not. You wouldn't even know that that bank was there. Picture number 3, is taken about halfway down towards the entrance. Again the end of the canopy is very visible. Trees block the sign on the west side. There's a point in here between number 2 and number 3 where you can see between the trees and see the west side of the building, but you can't read the sign because you're looking at the edge of the sign. You really can't see what the sign says. Picture number 4, right at the entrance where you go right into the property. The west side sign is covered up by trees. That will only get worst as the years go on and all these pine trees grow up and mature. That west entrance won't even, that west side of the building won't even be visible from that entrance. So that location for a sign for them is very important as far as notification to the public of where they are. Signs to businesses are a very integral part of their advertising, how to reach people and the appearance that they present to people and a large part of, the national, international sign association has done some surveys and one of those indicates that about 60% of new customers that come to retail type businesses, of which a bank would be similar to that in that they are community oriented. Their customers drive by the door every day. Same as retail business, and about 60% of those new customers come because they see the location. They see the sign. That brings them to the door. The rest is, the other 40% of new customers come through advertising. You might catch somebody from White Bear Lake driving down here to bank if they've got some good deal going or something, but I doubt it. Their customers drive by the door every day and it's important to them that they're seen by those customers. I guess other than that we're just requesting that you present an open mind to our request and we're hoping that you agree with us. 10 City Council Meeting — September 29, 2005 • Mayor Furlong: Okay, thank you. Questions for the applicant. In terms of signage, now these would be obviously permanent signs. Does the bank use any of the window panes or the painting at all or is it their anticipation that they're going to be doing that? They have been. Paul Punt: I don't think they intend to. The windows that they have are not of the size sufficient to do much window pane writing anyway. Banks normally aren't the type that do a lot of that type of thing. I know Klein Bank has something on their window. Councilman Lundquist: They did quite a bit in their old one. Paul Punt: Oh did they? Yeah, I wasn't aware of that but their windows aren't such now that they have much room for those windows. They're quite narrow windows that are on there now. Any other questions? Mayor Furlong: Other questions for the applicant? No? Thank you Mr. Punt. Paul Punt: Thank you. Mayor Furlong: Any follow up questions for staff? I believe the public hearing occurred at the Planning Commission on this item so is there anybody that wishes to provide public comment for items that are new or different from the Planning Commission? If not, no. Then I'll bring it council... some questions. Sure. Councilman Peterson: Bob what did we end up doing at Community Bank, for the newest bank in town. Since we have to be parity with banks but it would seem reasonable. Bob Generous: Their issue was, they're part of a PUD with Village on the Ponds and so they allowed signage on all the sides of their building but they had a height restriction so they got a variance for that so they could be up higher on the building. There was a limitation of a 20 foot height for the sign. Councilman Peterson: Their logo was up there. Bob Generous: Yeah, and then they got the logo up on the tower and then the sign itself on the south elevation is up above 20 feet so. Mayor Furlong: But I think you said something too for clarification, excuse me Councilman Peterson, that the Village on the Ponds, the PUD had. Bob Generous: Specific standards for the signage. Mayor Furlong: That are different than our ordinances. Bob Generous: Correct. Mayor Furlong: Alright, excuse me. Councilman Peterson, other questions? 11 J City Council Meeting — Sember 29, 2005 • Councilman Peterson: That was it. Councilwoman Tjomhom: I have one more question. Bob, when this originally came to the Planning Commission a couple years, I think I was on it. Whenever the plan came through. Was this, this was then going to be a bank? Was their drive thru in the original plans? Bob Generous: Yeah, I believe so. Councilwoman Tjornhom: Okay. And there was not a sign or anything on it? Bob Generous: No. They were just looking at a sign band and we developed a standard for allowing street frontage of course and then we just, last year amended the ordinance to permit signage for entrances to the buildings. Mayor Furlong: I can assure you there was a bank in the plans when that came through. Other questions? Councilman Lundquist? Councilman Labatt? Councilman Labatt: No. Mayor Furlong: I looked the right way this evening, so that's good. Okay, very good. Let's bring it back to council for discussion then. Thoughts and comments. Councilman Lundquist: Ahight, I'll take the first one. Interesting as we talked about give and take on this particular building was a lot in the design. The bank was in there, in the original designs. Signage opportunities were plenty there. You can make an argument either way I think Mr. Punt as your arguments are that drive thru obviously is important to a bank but you've got to go in the front door to sign up for an account before you can use the drive thru and I would contend that you're not going to get a lot of people that are driving one way on Market Boulevard that aren't going to turn around 8 hours later or less and drive the other way on Market Boulevard as well. However that being said, it's in a downtown business district. It's non lighted. I don't think there's a lot of offense going to be given to it, and you know like I said I'd be inclined to allow the signage for that. I don't think there's a lot of other businesses along there that have entrances in the back that are going to want people to come there anyway so, with the exception of the bank so I think that it's a reasonable use. I'm not sure that you're going to elevate the level of customers that are going to come running in the front door. Maybe I'm wrong but again since it's in a neighborhood business district I'm inclined to allow. Let it go. Mayor Furlong: Okay, thank you. Other comments. Councilman Labatt. Councilman Labatt: I tend to agree with Mr. Lundquist. You know I went back and forth. I think the deciding thing for me is that they're not asking to illuminate it so it's just going to be a day time sign that you'll be able to see. So I'm fine with allowing the variance. Mayor Furlong: Thank you. 12 City Council Meeting — September 29, 2005 Councilman Peterson: I don't know, I'd probably support staff s position. I've been pretty conservative on granting variances to signs in the past and I think this one doesn't, it doesn't really present anything that's a new opportunity that the bank is missing by not having it there. To your point Brian I think that it's just adding more signage for the bank, not for the drive thru. I think the drive thru itself, you can see what it is. So to that end I think we've got the ordinance there to limit the exposure of signs now and with that I'd support staffs position that with the... on two sides and a monument sign that's enough. Mayor Furlong: Thank you. Councilwoman Tjornhom. Councilwoman Tjomhom: I do agree with Councilman Peterson, especially since, when the original plans came through Planning Commission and City Council the sign wasn't there to start with. You know saying that we made exceptions for Houlihan's and Culver's, they're distinct buildings all on their own where this is kind of attached to several different other buildings and there was a certain theme and certain design and layout this building was supposed to have and I just, I think that if we allow this, how can we, for the next client or whoever's going to lease the space in this building comes to and wants something done for them, I couldn't say no to them so I have to agree with Councilman Peterson and staffs position. Mayor Furlong: Okay, thank you. Councilman Peterson: You like deciding issues in this building don't you? Mayor Furlong: I'll tell you what. What the four of you just described were all, I mean it's the choice of two rights here. Helping businesses advertise their location, which we try to do as a city. And then follow our ordinances and put ordinances in place that we believe are fair for everybody. That's the challenge. I think in this situation the dilemma here for us is to figure out which right to choose, and a lot of the issues have been named. They do have in the staff report I think spells out were there other opportunities. One of the questions I had too was, what's coming down the road? What are the additional signage on this building? And when this did come through site plan obviously there were some signs included I believe but perhaps not with the prevalence that this may end up given other businesses locating there. My sense here is, you know it's a case by case basis when you're looking at this and trying to be fair and just. It's not lit, which is helpful but I think it does, it does add more signage to the building. Takes away some of the architectural features that we were sold upon when the site plan was approved. And not knowing what's coming down the road, if we start with a variance now, to Councilwoman Tjomhom's point, it may limit our ability to make decisions in the future as well. So I guess my sense would be at this point, would be to not support it at this time. In part because I recognize that this is a sign that the company already owns. It came off their building, and I guess I'd be inclined to wait and see how the building and how the tenants fill out. What other sign requests we have and then if indeed it doesn't become over burdened with signs, yeah perhaps we might reconsider in the future as well, but at this point I'm going to side with staff and support our ordinance. Not because I'm going against businesses but because this building is still in process in terms of the tenants filling it out and what I think the sign requests are going to be. But to the end, after it's filled out, and if it's something that we want to look at again in the future, I 13 • • City Council Meeting — September 29, 2005 certainly would consider that as well. So any other thoughts or comments based upon what people have heard? If not, is there a motion? Councilman Peterson: I'd move to approve the denial as presented by staff in the staff report. Mayor Furlong: Based on the findings of fact? Roger Knutson: Yes, and adopting the findings of the Planning Commission as your findings. Councilman Peterson: You know I don't say that just so you have something to say during the meeting. Roger Knutson: I'd be really bored if you didn't give me at least a little opportunity tonight. Councilman Peterson: That's fine. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjomhom: Second. Mayor Furlong: Any further discussion on the motion? Seeing none we'll proceed with the vote. Councilman Peterson moved, Councilwoman Tjornhom seconded that the City Council denies Variance #05-28 for a request for relief from the city's ordinances in order to place a non -illuminated sign on a bank drive thru canopy without street frontage based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant has adequate signage. All voted in favor, except Councilman Lundquist and Councilman Labatt who opposed, and the motion carried with a vote of 3 to 2. HARVIEUX SUBDIVISION. 6605 HORSESHOE CURVE, RONALD HARVIEUX: PLANNING CASE 05-26. Bob Generous: Thank you Mr. Mayor, council members. As you stated this is a request for preliminary and final plat approval. There is a variance request for the use of flag lots to, as creating two of the lots. The applicant has prepared revisions to the plat to correspond with some of the issues that we had. Specifically this flag lot is required to be 30 feet in width and so they've amended this plan to show that. In doing that they've had to revise lots 1 and 2. They did follow the Planning Commission's recommendation and maintained the existing east/west line between Lots 1 and 2, and instead extending the lot to the south. Again the variances for the 14 M-01 CITY OF CIIANIIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone. 952227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 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. 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone. 952.227.1130 Fax: 952227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Sue www.d.chanhassennn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Metzer, Planner I „I{ 1P DATE: September 29, 2005 �� " SUBJ: Americana Community Bank — Planning Case #05-28 EXECUTIVE SUMMARY This is a request for a variance to place a non -illuminated sign on a bank drive-thru canopy that does not have street frontage. The bank currently has two wall signs and a monument sign on Market Boulevard. The site is located in the Central Busines's District (CBD) at 600 Market Boulevard, Suite 100. A sign variance has been submitted for a business located on the second floor of the east wing of Market Street Station. A variance is required in this case to locate a wall sign outside of the approved sign band area. This application is scheduled for Planning Commission on October 18, 2005, and City Council on November 14, 2005. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 6, 2005, to review the proposed development. The Planning Commission voted 3 to 2 to deny the proposed variance. One of the Planning Commissioners abstained from voting. The Planning Commission minutes are item la of the September 29, 2005 City Council packet. RECOMMENDATION Staff recommends adoption of the motion denying the Variance as specified on page 10 of the staff report dated September 6, 2005. ATTACHMENTS Planning Commission Staff Report Dated September 6, 2005. gAplanx2005 planning cacesx05-2e americana community bank sign variancexexecutive summary.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DA*: September 6, 2005 F2] CC DATE: September 29, 2005 REVIEW DEADLINE: October 4, 2005 CASE #: 05-28 BY: JM PROPOSAL: Request for a Variance to place a non -illuminated sign on a bank drive-thru canopy without street frontage on property zoned Central Business District (CBD). LOCATION: 600 Market Boulevard, Suite 100 Chanhassen, MN 55317 APPLICANT: Mr. Paul Punt Attracta Sign 14680 James Road Rogers, MN 55374 PRESENT ZONING: Central Business District (CBD) 2020 LAND USE PLAN: Commercial ACREAGE: N/A DENSITY: N/A Americana Community Bank 600 Market Boulevard, Suite 100 Chanhassen, MN 55317 SUMMARY OF REQUEST: The applicant is proposing to install a non -illuminated sign on the Americana Community Bank drive-thru canopy, which does not have street frontage, located in Market Street Station. The placement of the canopy sign will require a variance because Chanhassen City Code does not allow canopy signage. Staff is recommending denial of this request. 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. 0 Location Map Americana Community Bank Sign Variance Planning Case No. 05-28 600 Market Street City of Chanhassen a 0 a Chan View �� A&W (w yam St) w m he m cr+ SUBJECT SITE 6 j m q C N a `m m Pp� !lje�ara a t t o J\eJatd 8 5 ArboCetum a State HwY m a Lake Drive m Pond Promenad 2 Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 2 SUMMARY OF PROPOSAL The applicant is requesting relief from City ordinances in order to place a non -illuminated sign on the canopy of the Americana Community Bank drive-thru located at Market Street Station. The purpose of placing the sign on the canopy would be to create visibility to southbound traffic along Market Boulevard. Proposed Canopy Sign APPLICABLE REGUATIONS ARTICLE XXVI. SIGNS See. 20-1251. Purpose and findings. (b) Findings. The city finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: (5) Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire fighting and other emergency service; Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 3 Sec. 20-1253. Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Written application for a variance shall be filed with the planning department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in section 20-29. No variance shall be granted by the city council unless it has received the affirmative vote of at least simple majority of the full city council. Sec. 20-1303. Highway, general business districts and central business districts - The following signs shall be allowed by permit in any "BH", "BG", or "CBD" district: (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. In multitenant buildings where individual entrances do not front on a public street, a wall sign may shall be permitted on the entrance facade if the following apply: 1) The entrance is a unit entrance and not a common hallway, 2) The entrance is not an emergency exit or "exit only" for the unit. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Sec. 20-1267. Uniformity of construction, design, etc. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multitenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multitenant buildings shall submit a comprehensive sign lan for approval by the Planning Commission and City Council. The site is located north of Highway 5 and south of West 78m Street along Market Boulevard. Access to the site is gained via Market Boulevard and/or Market Street. 600 Market Street was created with Site Plan #2003-09, known as Market Street Station and was approved by the City Council on October 13, 2003. The subject property, Lot 1, Block 1, Market Street Station, is owned by Kraus -Andersen LLC. Americana Community Bank occupies the first and second levels of the west wing of 600 Market Street Station. ANALYSIS Americana Community Bank is proposing the placement of a non -illuminated sign on the canopy of the drive-thru located at Market Street Station. Sign, canopy means any sign that is affixed to a projection or extension of a building or structure of a building, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. Plastic or structural protective cover over a door entrance, window, or outdoor service area. Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 4 The purpose for this request is not due to adverse effects of topography and strict compliance with the requirements of this article would not cause a hardship. Chanhassen City Code states: Wall business signs shall be permitted on street frontage for each business occupant within a building only. In multitenant buildings where individual entrances do not front on a public street, a wall sign may shall be permitted on the entrance facade if the following apply: 1) The entrance is a unit entrance and not a common hallway, 2) The entrance is not an emergency exit or "exit only" for the unit. Site Plan approval for Market Street Station provided for wall signage to be placed on the north elevation of the building. This elevation does not have street frontage, and there will be tenants whose individual entrances are located at this elevation. Therefore, these future tenants will be permitted wall signage on the north elevation. The applicant is requesting wall signage on the north elevation. The original Site Plan did not provide for signage to be located on the bank drive-thru canopy. The applicant already has wall signage on the west (Market Boulevard) and south (Market Street, visible from Highway 5) elevations. In addition,.Market Street Station Site Plan #2003-09 provided for one monument sign to be located along Market Boulevard. A permit application for the monument sign is currently being circulated. Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 5 36" 30" Market Boulevard Elevation ME IAmericana community bank I DRIVE UP BANKING ATM Proposed Monument Sign M Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 6 Proposed(approved) Monument Sign If 01 I MARKET BOULEVARD �i � I II I I 1 � West Elevation Wall Sign LX4 MARKETSTREET Proposed 1 1 1 'JI a South Elevation Wall Sign Market Street Station Site Plan Layout 0 Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 7 0 Planning Case #05-28 Americana Community Bank Sign Variance September b 29, 2005 Page 8 View from intersection of Market Boulevard and Market Street Planning Case #05-28 Americana Community Bank Sign Variance September 6 29, 2005 Page 9 SIGN VARIANCE CRITERIA The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Finding: Americana Community Bank has two street frontages and already has wall signage on both frontages. One frontage is Market Street; this sign is visible from Highway 5 and to northbound traffic along Market Boulevard. The other frontage is Market Boulevard; this sign is visible to both north and south bound traffic along Market Boulevard. In addition, Americana Community Bank is allowed one monument sign to be placed on Market Boulevard. The sign permit application for this sign is currently being circulated. The granting of a variance will adversely affect the spirit and intent of this article. The applicant has adequate visibility with these approved signs and does not need additional signage. Planning Case #05-28 0 • Americana Community Bank Sign Variance September 6 29, 2005 Page 10 RECOMMENDATION SWU Planning Commission recommends that the Planning Geffmnis City Council adopt the following motion: "The Plafffting GefforAssion City Council denies Variance #05-28 for a request for relief from City ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. The applicant has adequate signage. ATTACHMENTS 1. Findings of Fact. 2. .Development Review Application. 3. Letter from Paul Punt dated August 5, 2005. 4. Proposed canopy sign graphic submitted by applicant stamped received August 5, 2005. 5. Site Plan Elevations of Market Street Station illustrating sign plan. 6. Public Hearing Notice and Affidavit of Mailing list. 7. Letter from Brian Burdick dated August 31, 2005. gAplan\2005 planning cam\05-28 americana community bank sign valianm\staff mpoat.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Americana Community Bank/Attracta Sign for a Variance to place a non -illuminated sign on a bank drive-thru canopy without street frontage on property zoned Central Business District (CBD) — Planning Case No. 05-28. On September 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Americana Community Bank/Attracta Sign for a Variance request to place a non -illuminated sign on a bank drive-thm canopy. The Planning Commission conducted a public hearing on the proposed variance that 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 Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Market Street Station. 4. The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Finding: Americana Community Bank has two street frontages and already has wall signage on both frontages. One frontage is Market Street; this sign is visible from Highway 5 and to northbound traffic along Market Boulevard. The other frontage is Market Boulevard; this sign is visible to both north and south bound traffic along Market Boulevard. In addition, Americana Community Bank is allowed one monument sign to be placed on Market Boulevard. The sign permit application for this sign is currently being circulated. The granting of a variance will adversely affect the spirit and intent of this article. The applicant has adequate visibility with these approved signs and does not need additional signage. 5. The planning report #05-28 Variance dated September 6, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission the request for relief from City ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage. ADOPTED by the Chanhassen Planning Commission on this 6'h day of September, 2005. CHANHASSEN PLANNING M Uli Sacchet, Its Chairperson g:\plan\2005 planning cases\05-28 americans community bank sign variance\findings of fact.doc • • Planning Case No. 05-c),a CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 CITY OF CHANHASSEN RECEIVED Chanhassen, MN 55317 — (952) 227-1100 AUG 5 2005 DEVELOPMENT REVIEW APPLICATION CHANHASSEN KANNING DEPT Applicant Name and Address: iL oe ers mr, Ss-37 �{ Contact: -P,,L 7v,i i r�ai IZcnc>ca11 Phone:763-qAS-b3-?7 Fax:�3-d34^5a97 Email: o a I row+, c� eA.r+,L' � )e . n,,t- Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review' Subdivision' Owner Name and Address: ArvrS�o Contact: �; r Phone:,95�.-`i37-- 959� Fa Email: K,1.a� @ t Ytr,ca�. C' n caL.Co�. Temporary Sales Permit Vacation of Right-of-Way/Easements _ Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign*' - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost*** - $50 CUP/SPR/VACNAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ �50 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. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'h" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 ('.tif) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. 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: � F�pbn)(� LOCATION: boo YY1 a� �� J31 v� U1, d-- )cso LEGAL DESCRIPTION: TOTALACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES —NO REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: Qv- or-- os c- fc b>- �ii. 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. 1 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. Signature of Applicant J Date 4 (/Anil.. ��/ d AYa� V-p <- S-OS Ignature of Fee Owner . Date G:tplanV0tm30evelopment Review Applicatim DOG Rev. 4/05 TTimTA 14680 JAMES ROAD ROGERS. MN 55374 (7631 428-6377 • FAX (763) 426-9097 • TOLL FREE (BBB] 339-0603 We are requesting a variance to place a non illuminated sign on the north end of the drive through canopy at Americana Community bank. We understand that we need a variance in order to place a sign on a canopy. We feel that once the trees begin to mature along Market Boulevard the sign on the west elevation of the building will no longer be visible when traffic is approaching from the north. The center management will not allow us to place our name on the monument sign and we feel we need this additional signage to help people find our location. We feel that there is a precedent set by the existence of other canopies with signs located on them. We hope that this request will meet with your approval. Thank you, Paul Punt CTTY Fc HASSEN REC AUG 5 2005 CHANHAssEN PLANNING DEPT SG(MNfD 12' TI 30' - encana 48" 14" L ,z community bank L R DISPLAY NO SCALE y THFSF DRAWINl:8 AND SPFCIFWATIONS ul MOVE EXISTING LETTERS FROM EAST SIDE OF EXISTING BANK BUILDING TO NORTH SIDE OF NEW BUILDING. MOUNT LETTERS ON RACEWAY AS NEEDED. LETTERS ARE TO BE ILLUMINATED BY FLOOD LIGHTING MOUNTED UNDER EAVES OF DRIVE UP CANOPY REV. CHANNEL ALUMINUM LETTER FOR -T RS SUPPORT TUBE OR CANOPY 0 CULTURED STONE CLADDING OR CULTURED STONE BASE WI STUCCO FINISH WALLABOVE STUCCO FINISH WALL PANEL CANVASTYPE AWNING WITH OPAQUE ROOF FABRIC AND TRANSLUCENT, BACKLIT LETTERING ON FRONT PANEL, TYPICAL — BANK STANDARD SIGN N I ORNAMENTAL GASLEEND CONTINUOUS SIGN BAND STUCCO PANEL WITH STUCCO OR E.I.F.S. ACCENT FRAME PRE -FINISHED METAL CI -AD WOOD OR ANOD- IZED ALUMINUM WINDOW FRAMES WITH LOW 'E' CLEAR INSULATED GLASS. TYPICAL � STUCCO OR E.I.F.S ACCENT TRIM TO MATCH PRECAST PILASTER SASE TO CREATE 'FRAMF AROUND WINDOW SYSTEM. TYPICAL CULTURED STONE BASE. TYPICAL — SIGN SOUTH ELEVATION OFFICE BUILDING I . e 20•.0,. ASPHALT SHINGLE ROOF, SLATE GREY ILLUMINATED CHANNEL LETTERING /LOGO SIGN, TYPICAL ORNAMENTAL LIGHTNING ROD, TYPICAL CULTURED STONE WALL FACING. RANDOM PATTERN WITH DRESSED CULTURED STONE CORNERS, OR CULTURED STONE BASE W/STUCCO FINISH WALLABOVE CONTINUOUS SIGN BAND STUCCO PANEL WITH STUCCO OR E.I.F.S. ACCENT FRAME, t I `'+l ail r Ilrxa 11" 'i jI 1''bk 1 1 4i°'° fL1 f 1 r rli..A� Ytii �ttl4�{ II I� w,�r_w B I M_g fie„M_ TMoo SNN � MEARKEET STREET ESTATION REVISED DECEMBER 8, 2003 ILLUMINATED CHANNEL LETTERING I LOGO SIGNS BEYOND CULTURED STONE WALL. RANDOM PATTERN WITH DRESSED STONE CORNERS OR CULTURED STONE BASE AND CORNERS WITH STUCCO WALL PANEL ABOVE -TYPICAL / ASPHALT SHINGLE ROOFING. SLATE GREY COLOR (TYPICAL) PRE -FINISHED FIBER -CEMENT TRIM OR PRE -FINISHED ALUMINUM PANELS, TYPICAL INTERNALLY ILLUMINATED BANK STANDARD SIGN STUCCO FINISH SIGN BAND, TYPICAL — I _ BANK DRME-THROUGH , I n WEST ELEVATION OFFICE BUILDING t • - 20'-0' CANVAS -TYPE AWNING WITH OPAQUE ROOF FABRIC AND TRANSLUCENT, BACKLR LETTERING ON FRONT PANEL, TYPICAL ARCHITECTURAL FINISH PRE -CAST PILAS- TER BASE, TYPICAL CULTURED STONE BASE, TYPICAL SIGN CONTINUOUS SIGN BAND STUCCO PANEL WITH STUCCO OR E.LFS. ACCENT FRAME -TYPICAL STUCCO ENTRY PAVILION FOR OFFICES ORNAMENTAL IRONWORK - PAINTED CANVAS -TYPE AWNING WITH OPAQUE ROOF FABRIC AND TRANSLUCENT, BACKLR LETTER- ING ON FRONT PANEL. TYPICAL ORNAMENTAL LIGHTENING ROD. TYPICAL CULTURED STONE WALL FACING S WINDOW BASE, RANDOM PATTERN WITH DRESSED STONE CORNERS, OR CULTURED STONE BASE AND CORNERS WITH STUCCO WALL PANEL ABOVE -TYPICAL ASPHALT SHINGLE, MANSARD STYLE ROOF/ SCREEN WALL, TYPICAL PRE -FINISHED METAL TRIM BAND CAP FLASHING ILLUMINATED CHANNEL LETTER/LOGO SIGN, TYPICAL EAST ELEVATION OFFICE BUILDING T . - 20•-0" ILLUMINATED CHANNEL LETTERING/LOGO SIGN. TYPICAL PRE -FINISHED METAL CLAD WOOD ORANOD- IMOALUMINUM WINDOW FRAMES WITW LOW 'E CLEAR INSULATED GLASS, TYPICAL STUCCO FINISH FRAME TO CLOSELY MATCH PRE -CAST PILASTER BASE TO CREATE 'FRAME' AROUND WINDOW SYSTEM, TYPICAL ENCLOSURE I RECYCLING ENCLOSURE NORTH ELEVATION OFFICE BUILDING MARKET YTHE MARKET STREET ESTATION ERSHIP,L.L.P. • PRE -FINISHED FIBER CEMENT OR ALUMINUM TRIM AT UPPER LEVEL WINDOWS, EAVES. ETC.. TYPICAL CULTURED STONE BASE WITH PRE -CAST CONCRET SILL BELOW WINDOWS. TYPICAL PRE -FINISHED ORNAMENTAL OABLE-END GRILLE WALLFACING BASE, ASPHALT SHINGLE ROOFING • CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Todd Gerhardt, being first duly sworn, on oath deposes that he is and was on August 25, 2005, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of Sign Variance Request for Americana Bank — Planning Case No. 05-28 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, Nhasota, and by 9t 1er appropriate records. Subscribed and sworn to before me this day of + 2005. 1 Notary Public #'Nnt MT. MEl1WISSENry Publlc-Minnesota C=MinW Ezpaea Jan 31. 2010 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Variance to place a sign on a canopy located at 600 Market Street Americana Community Bank). Planning File: 05-28 Applicant: Attracta Sign Property 600 Market Street (Americana Community Bank) 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 at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questlons & mail imetzerCci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6/weblink7 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 commercial/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 spokespersonlrepresentative is encouraged to provide a contact for the city. Ofen 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 somethina to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance to place a sign on a canopy located at Proposal: 600 Market Street Americana Community Bank). Planning File: 05-28 Applicant: Attracts Sign Property 600 Market Street (Americana Community Bank) 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 at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6(weblink7 the Thursday prior to the Planning Commisslon meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alteratl 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 commerciallinciustdal. • 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 spokespersonlrepresentative 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 Plannino Staff person named on the notification, SUBJECT SITE �ew�aA 00 star- Nvey 6 Prat -rum vrasmgner This map is neither a legally recorded Map nor a survey and is not intended to be used as one. This map Is a conpilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area Shom, and is to be used for reference purposes only. The City does rwt a u i m that the Geographic Infonretion System (GIS) Data used to prepare this map are error free, and! Me City does not represent that the GIS Data can be used for navigational, tracidng or any odor purpose requiring exacting measurement of distance or Erection or preasion in Me depictiw at geographic features. B more or discrepancies are found please contact 962-227-1107. The preceding disclanher is provided pursuant to Minnesota Statures 066.03, Subd. 21 (2000), and Me user of this map aclaxyv edges that the City shall not be liable far any damages, and euxressly waives aN dens, and agrees to defend, indemnity, and hold theorists Me Gty from any and all claims Naught by User, its employees or agents, or Third parses which arise out of the usees access or use of data pmvked. SUBJECT SITE @0`/e� ad ea ouw State ytwy 6 PrCohewme This hW is neid er a legally recorded map nor a survey and is rtof iohn4ed to be used as ore. This map is a coup0econ of records, inhanetion and data keeled in various city, county, state and federal Offices and other sauces regarding Me area shown, anus is To be used tor reference purposes only. The CITY does rot werrmt Mat the Geographic Wornetiat System (GIS) Data used to prepare this map are error free. and the pry does not represent that Me GIS Data can be used for revigetimal, haclang or any other purpose requrng exacting nreawrensnt of dister¢e or director, or prativan M the depiction of geographic features. B EMWS or disaepancies are found pease cwtact 952-227-1107. The preceding disdamer is provided pursuant to Wmssota Statuses §466.03, Subd 21 (2000), and Me user of Mrs -W ackrwwledgw that the City shall rot be liable for any damages, and elpressly waives all darts, and agrees to defw4 indsonity, and hold han iess the City from any and all darns brought by User, its employees or agents, or dim parses etwh was out of the usees access or use m data provided. NAME» «NAME1>> «ADD1)) «ADD2)> «CITY» «STATE» «ZIP>)-((ZIP4)) «Next Record>> NAME» «NAME1" «ADD7» wADD2» «CITY" «STATE)) «ZIP»-11ZIP4* Public Heari g Notification Are (500 feet) Americana Community Bank Sign Variance Planning Case No. 05-28 600 Market Street City of Chanhassen 171 STATE BANK OF CHANHASSEN C/O KLEIN FINANCIAL INC 1550 AUDUBON RD CHASKA, MN 55318-9508 NATIONAL LODGING COMPANIES INC C/O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN, MN 55317-1010 CHANHASSEN SUITES LLC C/O CHANHASSEN COUNTRY SUITES 591 78TH ST W PO BOX 1010 CHANHASSEN, MN 55317-1010 CHANHASSEN PROPERTIES LLC 570 MARKET ST PO BOX 514 CHANHASSEN, MN 55317 -0514 MC CROSSROAD PROPERTIES LLC 40 SUNNYSIDE LN SUNFISH LAKE, MN 55118 -4718 APPLE AMERICAN LP (APPLEBEE'S) C/O FINANCIAL PACIFIC LEASING ATTN: GARY BERGSTROM PO BOX 4568 FEDERAL WAY, WA 98063 -4568 CHANHASSEN RETAIL LTD PRTSHP C/O BROOKSTONE INC 810 LILAC DR N SUITE 212 ROBBINSDALE . MN 55422 -4673 BLOOMBERG COMPANIES INC PO BOX 730 CHANHASSEN, MN 55317 -0730 MARKET SQUARE ASSTS II LLC 470 78TH ST W STE 260 CHANHASSEN. MN 55317 -4547 MARKET STREET STATION LLC 4210 W OLD SHAKOPEE RD BLOOMINGTON , MN 55437 -2951 TOM -DON REAL ESTATE HOLDINGS C/O DONALD M GUILLETT 13679 DUNBAR WAY APPLE VALLEY, MN 55124 -5245 TWO GREEKS AND A GEEK LLC 1318 SIBLEY MEMORIAL HWY MENDOTA . MN 55150 -1414 MARKET SQUARE ASSOC LTD PTRSHP C/O AMCON CONSTRUCTION CO 1715 YANKEE DOODLE RD #200 EAGAN , MN 55121 -1698 WENDY'S INTERNATIONAL INC PO BOX 256 DUBLIN . OH 43017 -0256 79TH STREET CENTER PARTNERSHIP 684 EXCELSIOR BLVD EXCELSIOR, MN 55331 -1935 NET LEASE DEVELOPMENT LLC 50 SOUTH 6TH ST #1480 MINNEAPOLIS , MN 55402 -1589 FROM': PHONE 612-474-5243 `FAX4 PHONE NO. : 9524747543 • Aug. 31 2005 08:15AM P1 B URDIc K PROPERTIES, INC. 684 Excelsior Boulevard • Excelsior, MN 55333 Phone: (952) 474-5243 Fax: (952) 474-7543 To: MR. JOSH METZER From: BRIAN H. BURDICK Date: August 31, 2005 Subject: SIGN VARIANCE REQUEST, AMERICANA COMMUNITY BANK, CHANHASSEN Please find enclosed a copy of my letter regarding the sign variance request. Josh, would you please a so kind as to include a copy of my letter to all of the Planning Commission members in their packet of information. Please give me a call with any questions. Thank you. 17, 1 I11: 011915 -121:)[.1:1 SCANNED FROM.: PHONE 612-474-5243 WAX4 PHONE NO. : 9524747543 Bu RDIC K PROPERTIES, INC. August 31, 2005 City of Chanhassen Planning Commission Chair Saoohet & Members 7700 Market Blvd. PO Box 147 Chanhassen, MN. 55317 . Aug. 31 2005 08:16AM P2 684 Excelsior Boulevard • Excelsior, MN 55331 Phone: (952) 474-5243 Fax; (952) 474-7543 Re: Public .Fearing of September 6, 2005, Sign Variance Request, Americana Community Bank Dear Chair Sacchet and Commission Members, I am writing to all of you regarding the public hearing as referenced above. As a neighboring commercial property owner, we are in support of the signage variance request for Americana Community Bank located at 600 Market Street, Chanhassen. I have not had an opportunity to review the detailed plan for this canopy signage. However, I am confident that both the City staff and Americana Community Bank will install a nice looking attractive canopy signage. If you should have any further questions, please feel free to contact me at the above address and telephone number. Thank you. Most cordially yours, BURDICK PROPERTIES, INC. L.WWR [-J SCANNED CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 6, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Deborah Zorn, Debbie Larson, Jerry McDonald, Kurt Papke and Dan Keefe MEMBERS ABSENT: Mark Undestad STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; Josh Metzer, Planner I; and Alyson Moms, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Deb Lloyd PUBLIC HEARING: Public Present: Name Address James Ziegler Paul Punt 600 Market Street, Suite 100 14680 James Road, Rogers, MN 55374 Josh Metzer presented the staff report on this item. Sacchet: Thank you. Questions from staff. Any questions? McDonald: I have a question. Sacchet: Jerry, go ahead. McDonald: On the sign, one of the reasons that I guess we can look at for turning something down is that it poses a hazard. The way that this sign is put up, is this going to pose a hazard as far as either a high winds or obstacles to fire fighting? Metzer: Building officials did not feel it would. McDonald: Okay. And then the other question I have, one of the reasons why staff was feeling that we should reject this was because they are getting a monument sign, but as I read through here, there may be an issue with that. What's the status of that particular sign? scm w Planning Commission Meeting — September 6, 2005 Metzer: Well it's currently in the permit process. Submitting drawings and elevations. Footing drawings. It's been approved as a part of the sign plan originally. We're just working on getting the sign to where it's acceptable to be built. McDonald: Okay, so there are no problems with putting a monument sign? Metzer: It's just basically in the design phase. McDonald: Okay. That's all the questions I think Mr. Chairman. Sacchet: Any other questions? One question. In terms of when Market Street was originally put together, Market Street Station, there's a comment on page 4. The site plan approval for Market Street Station provided for wall signage placed on the north elevation of the building. So at that time there was no, I mean that basically according to our ordinance, that's how much signage they can have. Or is that accurate? Metzer: Right, well that was on the north elevation of the building. That's in reference to tenants further to the east in Market Street Station who don't have street frontage. Their main entrances are going to be on the north elevation, so Chanhassen city code allows. Sacchet: So that's my question. I mean for establishment there's a limit how much signage we allow across the board. One of the main things is that we try to be fair. We try to treat everybody the same way. So the signage that is allowed on the north is for the businesses that otherwise would not have any signage place. Metzer: Right, because they don't have street frontage. Sacchet: Okay. While the Americana Bank has, they've mated out their amount of signage that is by ordinance allowable by having the sign on the south and west. Metzer: Right. And the monument. Sacchet: And the monument sign. So, and the monument sign is sort of on the north. Okay. Okay, that's my question. Thanks for the answer. Keefe: Well just a clarification. Is that signage that they will have will be on the south side facing south and then the monument sign facing which way? Sacchet: South and west they have wall signs. Keefe: Okay. And then the monument sign faces to the northwest? Is that —just so I'm clear. Metzer: This is north. Monument sign here facing towards City Hall. West wall sign. South wall sign. Market Boulevard and Market Street. 43,0naJd Planning Commission Meet• —September 6, 2005 • Keefe: Okay. And the road to the north of that going east/west is what? Is that a driveway? Metzer: That's just, yeah. It's an entrance into Market Street Station. Keefe: Yeah, okay. Sacchet: Alright? Larson: I have a quick question. Sacchet: Go ahead Debbie. Larson: So would they be willing to in lieu of having a monument sign go up to, I mean would they prefer to have the high sign versus the monument? Metzer: That would require council approval. It's a change to the sign plan. Larson: Okay. Sacchet: Alright. Is that it for questions. So I'd like to ask, do we have an applicant here? If you want to come forward and add anything you'd like to what the staff presented and maybe you have some questions for you as well. If you want to mention your name and address for the record. Paul Punt: My name is Paul Punt. I'm with Attracta Sign Company and we're the ones that are requesting the variance. I guess the first thing that I'd like to speak to would be the fact that when a corporation comes before the Planning Commission and puts through a site plan proposal, it's impossible for them to at that time determine everything that's going to be going on in that property. And different issues come up as far as what types of businesses. Where they're located, that type of thing and there's got to be some flexibility in that area. The other thing as far as the canopy, the sign of the canopy. One of the reasons they told us it was rejected is because they don't allow signage on canopies and by ordinance this is true and I realize there are some around town that were probably grandfathered in. But this isn't the standard type of canopy you think of as like a gas station canopy, that type of thing. This is more of a part of the structure of the building almost. Similar to what Byerly's has. Byerly's has a canopy where people drive underneath to pick up their groceries. They've got signage on that canopy. TCF. They built a quite elaborate on it just so they could have more signage, but it looks like part of the building but it's still a canopy. And I think this is more in lieu of that type of a canopy. The other issue that we're looking at is the signage as far as the signage on the west side of the building. There are all pine trees planted along that side of the building and when those trees grow up, even at this point already they block that sign somewhat as you drive by. And the taller they get the worst it's going to get. And if you stand on the corner at the stop light on West 78d' Street, you can see the end of that canopy. And you can see it under through the trees, the more mature trees there that are on the hotel property, and that will remain that way so they will have visibility from West 78`" Street where that small monument sign that's going in there, that will not be visible until you're right at that entrance where you're ready to turn in. I believe staff had 3 Planning Commission Meeting — September 6, 2005 a picture in the whole thing here. Yeah here they took a picture of the building showing where that sign would go, which is about right in here. And this picture is actually taken from the same side of the street that the sign is on, and if you're coming down the street, you have to be at this entrance before you're going to be able to see that sign. Now there are some small trees that are planted in front of the end of this canopy but those are more the deciduous type trees that once they grow up and mature you'll be able to still see that sign through it. And I don't know what the total square footage allowed for Americana Bank is for the location but as far as allowable signage, I don't know that they've exceeded their allowable signage or not. I can't speak to that. What else was I going to. Oh, another location that has a canopy sign would be the Country Suites Inn right north of there. And I guess what we're asking for, we don't feel it's exorbitant. The sign is not distractive. I mean it's not going to distract traffic. It's not even illuminated sign. They just want some identification on that side of the building when people pull into that driveway so that they can readily see that's the drive thru. Granted they're going to have that small sign there which hasn't been approved yet but those are other issues but we're just asking that you over rule staff and vote for us. Sacchet: Well we may have some questions for you. You have any questions? Jerry. McDonald: I have a question. On the drawing that's in here for the proposed canopy sign, is that exactly what you're looking to put up? It's on the first page. I'm not sure if you're familiar with that or not. Sacchet: It's not up yet right? I mean that sign is a montage. Paul Punt: No. That sign is actually, the sign that was taken down off their old building and they just, they want to re -use it on this location. It was on the east side of the building then. Over the entrance and they just want to re -use it here. It's anon -lighted sign and it's individual letters which meets with the city criteria for the sign standards for that building. Individual letters, that type of thing so, but that's exactly what you're looking at there. McDonald: Okay. And then the other question I've got for you, in looking at the site. Okay, this will go on more or less a northern face. You know just driving down West 78th Street, looking, you don't have a lot of visibility anyway. Paul Punt: No you don't but you do have visibility from that intersection of Market Boulevard and West 78th Street. I just drove by there on my way in tonight. McDonald: And does the bank feel that that lack of visibility can't be taken up by the monument sign and such a lack of visibility could hurt business? Paul Punt: Well the monument sign would not be visible at all from West 781h Street. McDonald: So what this is about is trying to get some exposure on West 78'h Street as people are driving down. Paul Punt: Right. 4 Planning Commission Meeting — September 6, 2005 • McDonald: Okay. No further questions. Keefe: Just a clarification. The sign that you're proposing here was on the former building. Where was it located on the former? Paul Punt: It was on the east side. Keefe: On the east side. Paul Punt: Which face towards Applebee's. Keefe: Towards Applebee's and approximately what height was it at, do you know? Was it up on the building or was it? Paul Punt: Yeah, it was up on the building. It was, probably to the bottom of the sign was probably 10 or 12 feet. So this would be just slightly taller but the reason it's located where it is is so that we can attach it right to that heavy steel beam. To give it good support. Keefe: Okay. Sacchet: Any questions? Larson: Yeah. Is the monument a lit sign? Paul Punt: Yes it is. Sacchet: Kurt. Papke: You kind of touched on one of my questions already. You mentioned you're going to mount it to a steel beam. Is the intent to bolt it on there? I'm trying to get to the safety piece here. Paul Punt: It would probably, it would probably be a combination of welding and bolting. We'd probably weld brackets onto the beam and then bolt the sign onto the brackets. Papke: And what's the sign constructed of? Paul Punt: Aluminum. Papke: Thick? Thin? Is it flexible? Paul Punt: .063 aluminum and then it's painted so the total weight of the sign is probably 150 pounds. 200 max. Two guys could easily pick it up and walk away with it. It's not real heavy. It's not lighted so there's no electrical components. No transformers. That type of stuff. That's where most of your weight comes in. 5 Planning Commission Meeting — September 6, 2005 • Sacchet: Some of your comments raise questions that I'll have for staff but for you, since I believe that what we're up against is not so much sign on canopy or not. I think what we're up against is how much signage we allow. I think there's not we say basically two street frontage, here we do them three. And as I mentioned before, my main concern is that we treat everybody the same way in the city and that will lead to some questions for staff but for you, since we have you up here right now, if indeed it comes down that it's matter of limit of how many signs, would you be willing to trade that sign for another one? Like you mentioned the one on the west side going to be hidden behind evergreens or something. Paul Punt: Yeah there's a lot of, there's some taller pine trees. Sacchet: And then you mentioned that monument sign is not that visible but it's going to be lit so is there a possibility of, how important is this? Is it more important than some of the other signs to you that you'd possibly be willing to give up one of the others? Paul Punt: I don't think the bank would be willing probably to trade the west one off, at least not at this time. But that's something that, I mean I can't make that. That's for the bank... Sacchet: That's not a sign maker question. That's a bank question at that point. Okay. Alright, okay. Thank you very much. Paul Punt: Thank you. Sacchet: Now this is a public hearing so if anybody wants to come forward and address this item, if you have any comments, this is your chance to do so. Seeing nobody getting up, I'm not going to wait very long so I'll close the public hearing. Bring it back to the commission for discussion and comments. Before we do that though I'd like to ask a question or two of staff, if I may. Staff. I'd like to be very clear about two things before we start our discussion. First of all what's the limit here? I mean what's the restriction on sign on canopy versus number of signs on different street frontages or sides of the building? Can you clarify what our ordinance actually says about that? Metzer: Well canopy signs aren't necessarily prohibited by ordinance. Sacchet: So the issue is not the canopy? Metzer: No. It's the issue is street frontage. Lack of street frontage I should say. This does not have street frontage on this elevation. And also. Sacchet: And we allow for 2 sides, usually not for 3 sides? Am I correct with that? Metzer: Well we allow for signage on street frontage. If they have 3 street frontages they would be allowed 3 wall signs. In this case they only have 2 street frontages. They already have wall signage so. Planning Commission Mee• — September 6, 2005 • Sacchet: So that's why they're doing. Now we could say well, we do make an exception for those other businesses that are on that side that don't have street frontage and only have frontage to that north side. How would that be different in this case other than they already have some signs? I mean what's the reasoning there? Metzer: Because Americana Bank has their entrances, their main entrance is on street frontage. Sacchet: Is on the other side on that sign. Okay. Now, another question which may be even more important. In the city here, I know we've made some, we've given some variances in this context. The one I can think of is the Panda. How many of these type of variances have we given? I mean I think that's important and if you try to treat everybody the same way, if it's something that we've given variances before, we need to know about that. If we haven't given variances before, then it'd be a clear case. Do we know? Have we given variances? Al-Jaff: Well after you mentioned Giant Panda, yes I do agree that we granted a variance there. We have amended the ordinance to prevent most of the variances that we received. You granted a variance for Chipotle and Buffalo Wild Wings. Sacchet: That they had sign in the back towards the parking lot, right. But that was not street frontage. But did they end up with 3 sides of? Al -Jaffa No. Sacchet: Just that front and back. So the variance was that it was not street frontage. Al -Jaffa Convect. Sacchet: Okay. Which is in essence what they're asking here on too. Al -Jaffa But we amended the ordinance. If this is where your parking lot is, that's where your entrance is. Then you can have the sign and then in this case this. Sacchet: And that would justify why the other north businesses have an allowance and how it makes it different from the Americana Bank, so there's a very clear distinction that's anchored in the ordinance. A] -Jaffa Correct. Metzer: If you look on page 3 under Section 20-1303. They're permitted on street frontage for each business and multi tenant buildings for individual entrances that do not front on a public street. A wall sign, this actually says a wall sign shall be permitted on the entrance fagade. Sacchet: Okay. Alright, thanks for answering that. Discussion. Comments. Planning Commissioners. Who wants to jump in? Debbie jump in. 7 Planning Commission Meeting — September 6, 2005 Larson: I'll jump in. Okay, on the previous building they were kind of in the similar spot. Did they have 3 signs? Sacchet: Three signs? Larson: On the old building? I mean because they had one in the back that faced Applebee's. And on the front but then they also had one that faced. Sacchet: They were both street frontage, right? Larson: No. The other one that they talked about, about putting on the canopy. Sacchet: No, the old building. Larson: Was on the back side. By the parking lot, right? Sacchet: Yes, that was the main entrance. But they have signage on the south and west side. I think that's what you're asking right? Larson: Well what I'm wondering is. Metzer: I think the applicant can answer that but I'm not sure exactly. Larson: Well what I'm wondering is, are they getting less signage now than they had before? Sacchet: Good question. Larson: Is like it's the bottom line of my question. Metzer: I guess we don't recall exactly where they had signage on their previous building. Larson: Well he said the sign that he's going to put on the canopy was about the, facing east so that would have been where the parking lot is. But you could see it when you were coming off of 5 and you could see it when you were coming down Market Street so I'm thinking in my mind anyway there were 3 signs, no? I just don't know. Sacchet: He's nodding. Can we interpret that as a yes? Paul Punt: I believe there were. Sacchet: There were 3 signs there or not. Larson: Okay. So, is it unfair to not give them what they had before? Sacchet: It's a valid consideration, yeah. 0 Planning Commission Meet• — September 6, 2005 • Larson: You know. And I don't know if it was their decision to move or you know people that are going in there decided to tear down the building, I mean. Al -Jaffa I think Americana had 2 signs only. Larson: Just 2. I don't remember. Al-Jaff: I'm quite positive. Metzer: I think they also had a monument sign. Sacchet: They had a monument out there, yeah. Larson: I mean I never had a problem seeing it but, there was a bank there so I didn't really take... Sacchet: Interesting. Al -Jaffa We, I worked on that site plan. I am positive there was no variance done for. Sacchet: There was no variance for the Americana Bank before. Al-Jaff: Correct. Sacchet: Okay. Okay, well that's a clear answer. Thanks Sharmeen. Any more comments from this side of the crowd? Papke: I think with the monument that's going on up in front, there's plenty of signage on that northwest side. I don't think we need to have a variance to add a second one on what is essentially the same side. Granted it's a little bit smaller and not quite as visible but it's a sign. Sacchet: Deborah? Zorn: I agree with Kurt. In fact I think perhaps the sign which would be over the drive thru might even be blocked earlier than the monument sign with some of the existing trees that we see on page 9 to the left so while it might be more visible now, I think down the road the monument sign lighted might be even more visible and I feel that would be adequate. Sacchet: Okay. Jerry, more comments? McDonald: Well I guess you know from looking at this, it doesn't seem to pose a safety hazard. There was nothing extraordinary about the sign. It's not going to be lit and there was a letter in the report that I guess one of the neighbors directly to the north had no objections. I guess I could vote for this on two reasons. First of all, this is an entrance. It's not your normal entrance but it's an entrance for a drive up which is cars and again that is part of the bank's business is, it's not only the walk-in traffic but this is the cars that's coming through. That is a drive up and 91 Planning Commission Meeting — September 6, 2005 • that is the entrance for that. The other point, I did go out there today and I kind of looked at things. Yeah, at that intersection he's right. You can see the bank. You couldn't see a monument sign but you could see the bank. You move away from that intersection and I think you kind of lose it between the trees that are further down by where the Country Suites are at and also at that comer where the old Edina building's at. But right in that intersection area you could see the canopy. So from that standpoint, you know that again would give them access as far as their business and if that's part of what we look to do with businesses is to give them exposure. I could vote for it on those two reasons and I think it falls within what our code would allow. I mean if you look at it from that standpoint, that it is not, you know they do have more than one entrance and this is their auto entrance and that is a big part of their business. And also if we do grant signage for the street, what about West 78d' Street. The monument sign is not going to give them that exposure, I agree with that. All that does is help point out when you get down, this is where you turn in. So for those two reasons I guess I would be in favor of it. Sacchet: Thanks Jerry. Dan. Keefe: Yeah, I'm kind of on the fence on this whole but I guess where I come down on it is, I think I agree that we need to, let me ask you kind of another way. If we're going to be granting a variance for this, do we need to approve a hardship in regards to the reasons why? To grant a variance on this? Sacchet: That's not a variance where we need hardship and all that sort of stuff, right? Keefe: No? It isn't because I did see something about hardship in here but if you don't have to grant. Metzer: Well on 20, on page 3 again. Section 20-1253. City Council upon recommendation of the Planning Commission may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship. Sacchet: So, does it cause a hardship? No, it doesn't. Keefe: No. I'm having a hard time finding how not having this sign would be a hardship. I can understand yeah, it might help to promote the business a little bit better. They are going to have a northwest facing sign. The visibility, you're going to be at grade. Yeah, so you can maybe make an argument there's a hardship there maybe but I don't think it's clear cut in regards to that. At least from my perspective so, I think where I come down on it is, I think I'm just not finding enough evidence to grant a variance at this point. Even though it's close. Larson: May I go one more time? Sacchet: Debbie, go ahead. Larson: Well it's got kind of a goofy driveway leading into this canopy, and leading out. All the way around the building. What I'm wondering is, as far as if we were to get a real heavy 10 Planning Commission Meeting — September 6, 2005 • snowfall, where is all that snow going to be pushed and will this monument sign be covered? And therefore it would be hardship because people aren't going to know where the bank is or the entrance is on that side. And so anything up high will be visible. And you know I don't know the specifics of the monument but would it be tall enough that if we did have a large amount of pile of snow that gets pushed over there, would you still be able to see it? Sacchet: Josh, you have some wisdom on that? Metzer: The monument sign will sit just under 6 feet above ground. The base of it is 30 inches. The display area itself is 36 inches tall by 4 feet wide. Sacchet: It'd be a very big snowfall. Al -Jaffa Well the other thing. Larson: I'm not saying necessarily the snow but the pushing. You know the piles that get pushed off the street. You know sometimes those can be, they might be taller. Al -Jaffa Sometimes, I don't know how the site is going to work exactly. However, often you will see snow trucked off site so that might be an option. Sacchet: Well you know I could really go either way, just to make my comment. I could go either way on that. If we go literally by the ordinance I think it really doesn't work. If we go little more looking at it in terms of common sense. Obviously a business likes to get the more exposure the better. It's not a lit sign which to me has some weight. It's an existing sign. I mean from that angle it's nice. But then on the other hand, I think it doesn't make a difference because either way it's going to have to go to City Council because we are split down the middle. We're not going to have the majority in that we can settle it here tonight, so this thing's going to have to move forward to the City Council to make a decision, and frankly it is in my understanding very clearly more a City Council question to make a judgment call which in this case it boils down to more of a judgment call. If we are strict to our role as the Planning Commission, we probably need to deny it because our role is to look at the city ordinance. If you look at the ordinance, it does not fit. So on that basis, if you ask the Planning Commission, you probably should hear a nay, but looking at the overall context which is more the City Council's responsibility to look at, chances are pretty good that it may be looked at different. I mean I don't know. That's for you to find out. And so really the way it's split down the middle, whether I go yeah or nay is not going to make a difference. It's going to go to City Council anyway. So with that I'd like to invite a motion here please. Papke: Okay. I'll make a motion that the Planning Commission denies Variance number 05-28 for a request for relief from city ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage based on the findings of fact in the staff report and the following. Number 1, the applicant has not demonstrated hardship to warrant a variance. And number 2, the applicant has adequate signage. Sacchet: We have a motion. Do we have a second? 11 Planning Commission Meeting — September 6, 2005 Zorn: I second. Papke moved, Zorn seconded that the Planning Commission denies Variance #05-28 for a request for relief from city ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated hardship to warrant a variance. 2. The applicant has adequate signage. Papke, Zorn, and Keefe voted in favor. McDonald and Larson voted in opposition. Sacchet abstained. The motion carried with a vote of 3-2-1. Sacchet: This will go onto City Council. I think a date is already established on September 26t° and we wish you luck with it. PUBLIC HEARING: APPROVE REGISTERED LAND SURVEY FOR PROPERTY LOCATED ON LOTS 6 & PLEASANT VIEW ROAD, FILE 05-09: APPLICANT FRANK BEDDOR. Public Present: Name Address Rob & Mary Reinsmoen Daryl Fortier 1180 Pleasant View Road 1804 Spring Valley Circle, Golden Valley Sharmeen Al-Jaff presented the staff report on this item. Sacchet: Kurt. Papke: Explain what the role of the Planning Commission is in a case like this. Al-Jaff: And that is something that I spoke to the city attorney about. As I mentioned in the staff report, Minnesota State statutes state, and this is verbatim. Shall approve a registered land survey in the manner required for approval of a subdivision plat. Which means public hearing. That's what was getting it. Sacchet: So somebody who has a problem can speak to it. Papke: So our role here is to allow public to comment on this. Someone who might have an objection to the change of the border. 12 • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Americana Community Bank/Attracta Sign for a Variance to place a non -illuminated sign on a bank drive-thru canopy without street frontage on property zoned Central Business District (CBD) — Planning Case No. 05-28. On September 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Americana Community Bank/Attracta Sign for a Variance request to place a non -illuminated sign on a bank drive-thru canopy. The Planning Commission conducted a public hearing on the proposed variance that 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 Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Market Street Station. 4. The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Finding: Americana Community Bank has two street frontages and already has wall signage on both frontages. One frontage is Market Street; this sign is visible from Highway 5 and to northbound traffic along Market Boulevard. The other frontage is Market Boulevard; this sign is visible to both north and south bound traffic along Market Boulevard. In addition, Americana Community Bank is allowed one monument sign to be placed on Market Boulevard. The sign permit application for this sign is currently being circulated. The granting of a variance will adversely affect the spirit and intent of this article. The applicant has adequate visibility with these approved signs and does not need additional signage. 5. The planning report #05-28 Variance dated September 6, 2005, prepared by Josh Metzer, et al, is incorporated herein. SCANNED ACTION The Chanhassen Planning Commission denies the request for relief from City ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage. ADOPTED by the Chanhassen Planning Commission on this 6`h day of September, 2005. CHANHASSEN PLANN�INGICONMSSION , BY: C� Uli Sacchet, Its Chairperson gAplant2005 planning cases05-28 americans conun mity hank sign variance\findings of fact.doc CITY OF CHANHASSEN STAFF REPORT PC D*: September 6, 2005 CC DATE: September 26, 2005 F2 REVIEW DEADLINE: October 4, 2005 CASE #: 05-28 BY: JM PROPOSAL: Request for a Variance to place a non -illuminated sign on a bank drive-thru canopy on property zoned Central Business District (CBD). LOCATION: 600 Market Boulevard, Suite 100 Chanhassen, MN 55317 APPLICANT: Mr. Paul Punt Attracta Sign 14680 James Road Rogers, MN 55374 PRESENT ZONING: Central Business District (CBD) 2020 LAND USE PLAN: Commercial ACREAGE: N/A DENSITY: N/A Americana Community Bank 600 Market Boulevard, Suite 100 Chanhassen, MN 55317 SUM117ARY OF REQUEST: The applicant is proposing to install a non -illuminated sign on the drive- thru canopy of Americana Community Bank located in Market Street Station. The placement of the cane sign will require a variance because Chanhassen City Code does not allow canopy signage. Staff is recommending denial of this request. 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. Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 2 SUMMARY OF PROPOSAL The applicant is requesting relief from City ordinances in order to place a non -illuminated sign on the canopy of the Americana Community Bank drive-thru located at Market Street Station. The purpose of placing the sign on the canopy would be to create visibility to southbound traffic along Market Boulevard. Proposed Canopy Sign APPLICABLE REGUATIONS ARTICLE XXVI. SIGNS Sec. 20-1251. Purpose and findings. (b) Findings. The city finds it is necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: (5) Installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective fire fighting and other emergency service; Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 3 Sec. 20-1253. Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Written application for a variance shall be filed with the planning department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in section 20-29. No variance shall be granted by the city council unless it has received the affirmative vote of at least simple majority of the full city council. Sec. 20-1303. Highway, general business districts and central business districts. The following signs shall be allowed by permit in any "BH", "BG", or "CBD" district: (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. In multitenant buildings where individual entrances do not front on a public street, a wall sign may shall be permitted on the entrance facade if the following apply: 1) The entrance is a unit entrance and not a common hallway, 2) The entrance is not an emergency exit or "exit only" for the unit. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Sec. 20-1267. Uniformity of construction, design, etc. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multitenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multitenant buildings shall submit a comprehensive sign plan for approval by the Planning Commission and City Council. BACKGROUND The site is located north of Highway 5 and south of West 78'" Street along Market Boulevard. Access to the site is gained via Market Boulevard and/or Market Street. 600 Market Street was created with Site Plan #2003-09, known as Market Street Station and was approved by the City Council on October 13, 2003. The subject property, Lot 1, Block 1, Market Street Station, is owned by Kraus -Andersen LLC. Americana Community Bank occupies the first and second levels of the west wing of 600 Market Street Station. ANALYSIS Americana Community Bank is proposing the placement of a non -illuminated sign on the canopy of the drive-thru located at Market Street Station. Sign, canopy means any sign that is affixed to a projection or extension of a building or structure of a building, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. Plastic or structural protective cover over a door entrance, window, or outdoor service area. Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 4 The purpose for this request is not due to adverse effects of topography and strict compliance with the requirements of this article would not cause a hardship. Chanhassen City Code states: Wall business signs shall be permitted on street frontaPe for each business occupant within a building only. In multitenant buildings where individual entrances do not front on a public street, a wall sign may shall be permitted on the entrance facade if the following apply: 1) The entrance is a unit entrance and not a common hallway, 2) The entrance is not an emergency exit or "exit only" for the unit. Site Plan approval for Market Street Station provided for wall signage to be placed on the north elevation of the building. This elevation does not have street frontage, and there will be tenants whose individual entrances are located at this elevation. Therefore, these future tenants will be permitted wall signage on the north elevation. The applicant is requesting wall signage on the north elevation. The original Site Plan did not provide for signage to be located on the bank drive-thru canopy. The applicant already has wall signage on the west (Market Boulevard) and south (Market Street, visible from Highway 5) elevations. In addition, Market Street Station Site Plan #2003-09 provided for one monument sign to be located along Market Boulevard. A permit application for the monument sign is currently being circulated. Market Street Elevation Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 5 30" Market Boulevard Elevation M Americana community bank DRIVE UP BANKING ATM Proposed Monument Sign Planning Case #05-28 • Americana Community Bank Sign Variance September 6, 2005 Page 6 \\ Proposed (approved) Monument Sign I, 01 II ,I MARKET BOULEVARD t II it �I I I West Elevation Wall Sign Proposed Canopy Sign ' 'i e I South Elevation Wall Sign MARKET STREET l y a Market Street Station Site Plan Layout Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 7 Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 8 View from intersection of Market Boulevard and Market Street Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 9 View of west elevation wall sign from Market Boulevard facing south SIGN VARIANCE CRITERIA The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Finding: Americana Community Bank has two street frontages and already has wall signage on both frontages. One frontage is Market Street; this sign is visible from Highway 5 and to northbound traffic along Market Boulevard. The other frontage is Market Boulevard; this sign is visible to both north and south bound traffic along Market Boulevard. In addition, Americana Community Bank is allowed one monument sign to be placed on Market Boulevard. The sign permit application for this sign is currently being circulated. The granting of a variance will adversely affect the spirit and intent of this article. The applicant has adequate visibility with these approved signs and does not need additional signage. Planning Case #05-28 • • Americana Community Bank Sign Variance September 6, 2005 Page 10 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission denies Variance #05-28 for a request for relief from City ordinances in order to place a non -illuminated sign on a bank drive-thru canopy without street frontage based on the findings of fact in the staff report and the following: 1. The applicant has not demonstrated a hardship to wan -ant a variance. 2. The applicant has adequate signage. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Letter from Paul Punt dated August 5, 2005. 4. Proposed canopy sign graphic submitted by applicant stamped received August 5, 2005. 5. Site Plan Elevations of Market Street Station illustrating sign plan. 6. Public Hearing Notice and Affidavit of Mailing List. 7. Letter from Brian Burdick dated August 31, 2005. gAplan\2005 planning cases\05-28 americana community bank sign variance\staff reportAoc :ITY OF CHANHASSEN • • 7700 MARKET BLVD "_HANHASSEN MN 55317 ?ayee: ATTRACTA SIGNS )ate: 09/01/2005 Time: 1:46pm Zeceipt Number: DW / 6518 :lerk: DANIELLE ?IS LIST-AMERICANNA COMM BANK -TEM REFERENCE ------------------------------------------- AMOUNT ;IS GIS LIST-AMERICANNA COMM BANK GIS LIST 48.00 Total: --------------- 48.00 :heck 11629 48.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! 6CANNE0 B U R DIC I� PROPERTIES. INC. 684 Excelsior Boulevard • Excelsior, MN 55331 Phone: (952) 474-5243 Fax: (952) 474-7543 To: MR. JOSH METZER From: BRIAN H. BURDICK Date: August 31, 2005 Subject: SIGN VARIANCE REQUEST, AMERICANA COMMUNITY BANK, CHANHASSEN Please find enclosed a copy of my letter regarding the sign variance request. Josh, would you please a so kind as to include a copy of my letter to all of the Planning Commission members in their packet of information. Please give me a call with any questions. Thank you. BURDICK RECO Fn SEP 0 2 NO CITY OF CHANHASSEN Owners, Developers & Property Managers of'Fine Commercial Properties BURRIcK PROPER, INC. BR.IAN H. BURDICK PRESIDENT 684 Excelsior Blvd • Excelsior, MN 55331 Phone: 952474-5243 • Fax: 952474-7543 BURDIC K PROPERTIES, INC. 684 Excelsior Boulevard • Excelsior, MN 55331 Phone; (952) 474-5243 Fax: (952) 474-7543 August 31, 2005 City of Chanhassen Planning Commission Chair Sacchet & Members 7700 Market Blvd. PO Box 147 Chanhassen, MN. 55317 Re: Public Hearing of September 6, 2005, Sign Variance Request, Americana Community Bank Dear Chair Sacchet and Commission Members, I am writing to all of you regarding the public hearing as referenced above. As a neighboring commercial property owner, we are in support of the signage variance request for Americana Community Bank located at 600 Market Street, Chanhassen. I have not had an opportunity to review the detailed plan for this canopy signage. However, I am confident that both the City staff and Americana Community Bank will install a nice looking attractive canopy signage. If you should have any further questions, please feel free to contact me at the above address and telephone number. Thank you. Most cordially yours, BURDICK PROPERTIES, INC. CITY OF CHANHASSEN • • • • 770D MARKET BLVD CHANHASSEN MN 55317 Payee: ATTRACTA SIGNS Date: 09/01/2005 Time: 1:47pm Receipt Number: DW / 6518 Clerk: DANIELLE GIS LIST-AMERICANNA COMM BANK ITEM REFERENCE ------------------------------------------- AMOUNT GIS GIS LIST-AMERICANNA COMM BANK GIS LIST 48.00 Total: --------------- 48.00 Check 11629 48.00 Change: --------------- 0.00 THANK YOU FOR YOUR PAYMENT! *CANNED oft City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 UM OF (952) 227-1100 To: Attracta Sign Attn: Paul Punt/Greg Randall 14680 James Road Rogers, MN 55374 Ship To: Invoice SALESPERSON DATE TERMS KTM 8/25105 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 16 Property Owners List within 500' of 600 Market Street (Americana Community Bank) — 16 Labels $3.00 $48.00 TOTAL DUE $48.00 Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-28. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! Carver County GIS Mapping Application �-,1 • 4 a -. .. MAW- E � r 5 Map Cmated try Uner Cauntys QS Olrw -fiend Rud ten US H#..ys MN 1991m,rs Map Created on: C.1y ROO& �, 8-16-2005 ekes Carver Parcels County ar.i vhon mot 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. Public HearllNotification Are!T500 feet) Americana Community Bank Sign Variance Planning Case No. 05-28 600 Market Street City of Chanhassen J O O I a Grp Vie y Chan View (W 78th St) W 78t N ha �_ cN SUBJECT SITE a a > m N C a m m Pf 4jeV a t t $td BoU\e�atd 5 Prbo�etum a State HiN`1 m a Lake Drive 0 w (7 Pond Promenad 2 STATE BANK OF CHANHASSEN CHANHASSEN RETAIL LTD PRTSHP C/O KLEIN FINANCIAL INC C/O BROOKSTONE INC 1550 AUDUBON RD 810 LILAC DR N CHASKA , MN 55318 -9508 SUITE 212 ROBBINSDALE . MN 55422 -4673 NATIONAL LODGING COMPANIES INC C/O CHANHASSEN COUNTRY SUITES BLOOMBERG COMPANIES INC 591 78TH ST W PO BOX 730 PO BOX 1010 CHANHASSEN, MN 55317 -0730 CHANHASSEN, MN 55317 -1010 CHANHASSEN SUITES LLC C/O CHANHASSEN COUNTRY SUITES MARKET SQUARE ASSTS II LLC 591 78TH ST W 470 78TH ST W BOX 1010 STE 260 CH CHANHASSEN, MN 55317 -1010 CHANHASSEN, MN 55317 -4547 CHANHASSEN PROPERTIES LLC MARKET STREET STATION LLC 570 MARKET ST 4210 W OLD SHAKOPEE RD PO BOX 514 CHANHASSEN, MN 55317 -0514 BLOOMINGTON , MN 55437 -2951 MC CROSSROAD PROPERTIES LLC TOM -DON REAL ESTATE HOLDINGS 40 SUNNYSIDE UN C/O DONALD M GUILLETT SUNFISH LAKE, MN 55118 -4718 13679 DUNBAR WAY APPLE VALLEY. MN 55124 -5245 APPLE AMERICAN LP (APPLEBEE'S) C/O FINANCIAL PACIFIC LEASING ATTN: GARY BERGSTROM PO BOX 4568 FEDERAL WAY, WA 98063 -4568 00 TWO GREEKS AND A GEEK LLC 1318 SIBLEY MEMORIAL HWY MENDOTA , MN 55150 -1414 MARKET SQUARE ASSOC LTD PTRSHP C/O AMCON CONSTRUCTION CO 1715 YANKEE DOODLE RD #200 EAGAN . MN 55121 -1698 WENDY'S INTERNATIONAL INC PO BOX 256 DUBLIN , OH 43017 -0256 79TH STREET CENTER PARTNERSHIP 684 EXCELSIOR BLVD EXCELSIOR, MN 55331 -1935 NET LEASE DEVELOPMENT LLC 50 SOUTH 6TH ST #1480 MINNEAPOLIS. MN 55402 -1589 ATTRACTA SIGN City of Chanhassen Sign Permits & Licenses Bremer Checking Ace * a/31 /2005 11629 48.00 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Todd Gerhardt, being first duly swom, on oath deposes that he is and was on August 25, 2005, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of Sign Variance Request for Americana Bank — Planning Case No. 05-28 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, Mirdsota, and by tAer appropriate records. Subscribed and sworn to before me this day of Atiq Lts+ 2005. 1 Notary 'Al t N IUM T. MEUMSSEN Notary Public-Mirxvesota 1-'....... 4 My Commiasbn Explrea Jan 97, 2010 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Variance to place a sign on a canopy located at 600 Market Street Americana Community Bank). Planning File: 05-28 Applicant: Attracta Si n Property 600 Market Street (Americana Community Bank) 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 at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at htto://206.10.76.6tweblink7 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 commerciallindustrial. • 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 spokespersontrepresentative 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. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, September 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Variance to place a sign on a canopy located at Proposal: 600 Market Street Americana Community Bank). Planning File: 05-28 Applicant: Attracta Si n Property 600 Market Street (Americana Community Bank) 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 at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail imetzerOci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at htto://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alter 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 commercial/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 spokespersonlrepresentative 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 somethino to be included in the report, lease contact the Plannino Staff person named on the notification. SUBJECT SITE r/9y �eo aay 04 reA SdP State HwY 5 P This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a combilation of records, intimation and data Imbed in venous city, county, state and federal offices and other sources regarding On. area shown, and is to be used for reference purposes only. The CM does not warrant Mat the Geographic Information System (GIs) Data used to prepare this map are error free, and the City does not represent Mat the GIS Data can be used for navigational, tracking or any other purpose requinng exacting measurement of distance or direction or precision in the depiction of geographic features. If errors 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 liabe for any damages, and expressly waives all claim. and agrees to defend, indemnity, and hold hairless Me City from my and at claims brought by User, its employees or agents, or third parties which arse out of the user's access of use of data provided. SUBJECT SITE I/By �o drd �A a cod` eat re 5 SmM Nary 5 Ptb° Disclaimer This map is neither a legally recoiled map nor a survey and is not intended to be used as one. This map m a compilation of records, infonretion antl dam located in various city, county, state and federal offices and other sources mijaNing the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic IMomatim System (GIS) Data used to prepare this map are en -or from. and the CM does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or duaction or preclslon in WE dationOn of geographic features- B errors or discrepancies are found please coh a s 952-22]-110]. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000). and the user of this map acknowedges that the City shell not be liable for any damages, and eVmssly waives all daps, and agrees to defend, Indemnify, and hold hamiess the City from any and all claims brought by User, its employees or agents, or third! series which anso sun of the user's access or use of data provided. trNAME)) «NAM E1 (iADD1)> ADD2» ((CITY)) «STATE)> ZIP,,-«ZIP4)) oNext Record»(,NAME» «NAME? )) (<,Il ADD2» «CITY)) «STATE,, ((ZIP))-((ZIP4)) Public Heartg Notification Area (500 feet) Americana Community Bank Sign Variance Planning Case No. 05-28 600 Market Street City of Chanhassen 0 0 a Chan View (w 78th St) w N ha CH SUBJECT SITE G -p a > CO N C a `m d /e11drC, ( oU\eJa�d 6 5 Prbo�ei�m a State Hwy m a Lake Drive m 2 Pend Promenad „1 • • STATE BANK OF CHANHASSEN CHANHASSEN RETAIL LTD PRTSHP C/O KLEIN FINANCIAL INC C/O BROOKSTONE INC TWO GREEKS AND A GEEK LLC 1550 AUDUBON RD 810 LILAC DR N 1318 SIBLEY MEMORIAL HWY CHASKA , MN 55318 -9508 SUITE 212 MENDOTA, MN 55150 -1414 ROBBINSDALE , MN 55422 -4673 NATIONAL LODGING COMPANIES INC MARKET SQUARE ASSOC LTD PTRSHP C/O CHANHASSEN COUNTRY SUITES BLOOMBERG COMPANIES INC C/O AMCON CONSTRUCTION CO 591 78TH ST W PO BOX 1010 PO BOX 730 CHANHASSEN, MN 55317 -0730 1715 YANKEE DOODLE RD #200 CHANHASSEN, MN 55317 -1010 AG EAGAN , MN 55121 -1698 CHANHASSEN SUITES LLC C/O CHANHASSEN COUNTRY SUITES MARKET SQUARE ASSTS II LLC WENDY'S INTERNATIONAL INC 591 78TH ST W 470 78TH ST W PO BOX 256 PO BOX 1010 STE 260 DUBLIN OH 43017 -0256 CHANHASSEN, MN 55317 -1010 CHANHASSEN, MN 55317 -4547 , CHANHASSEN PROPERTIES LLC MARKET STREET STATION LLC 79TH STREET CENTER PARTNERSHIP 570 MARKET ST 4210 W OLD SHAKOPEE RD 684 EXCELSIOR BLVD PO BOX 514 CHANHASSEN, MN 55317 -0514 BLOOMINGTON , MN 55437 -2951 EXCELSIOR, MN 55331 -1935 MC CROSSROAD PROPERTIES LLC TOM -DON REAL ESTATE HOLDINGS NET LEASE DEVELOPMENT LLC 40 SUNNYSIDE UN C/O DONALD M GUILLETT 50 SOUTH 6TH ST SUNFISH LAKE, MN 55118 -4718 13679 DUNBAR WAY #1480 APPLE VALLEY, MN 55124 -5245 MINNEAPOLIS , MN 55402 -1509 APPLE AMERICAN LP (APPLEBEE'S) C/O FINANCIAL PACIFIC LEASING ATTN: GARY BERGSTROM PO BOX 4568 FEDERAL WAY, WA 98063 -4568 U US —28 C� CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.O5-2g NOTICE IS H E REBY GI V EN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 6, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to place a sign on a canopy located at 600 Market Street (Americana Community Bank). A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner Email: imetzerRei.chanha ssen.mn,ur Phone: 952-227- 1132 (PubltabedintheChanhassen V illager on Thursday, August 25, 2005; No. 4502) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as amended. LL//ll,,�� --�y (B) The printed public notice that is attached to this Affidavit and identified as No.�• was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abodefghijklmnopgrstuvwxyz �1T.I/ll1.GL Laurie A. Hartmann Subscribed and sworn before me on 2005 RATE INFORMATION =PURJO;-�MINNESOTA NOTARY7AM2010 Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter ............................................... $ I1.18 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.05-28 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, September 6, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Variance to place a sign on a canopy located at 600 Market Street (Americana Community Bank). A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: ,imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on August 25, 2005) SCANNED CITY OF CHANHASSEN • 7700 MARKET BLVD CHANHASSEN MN 55317 • Payee: AMERICANA COMMUNITY BANK Date: 08/09/2005 Time: 11:23am Receipt Number: DW / 6438 Clerk: DANIELLE 05-28 AMERICANA COMMUNITY BANK ITEM REFERENCE AMOUNT ------------------------------------------- DEVAP 05-28 AMERICANA COMMUNITY BANK USE & VARIANCE 200.00 RECORDING FEES 50.00 --------------- Total: 250.00 Check 2722 250.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! SCAWWO r� City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: August 9, 2005 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for Variance to place a sign on a canopy, Americana Community Bank Planning Case: 05-28 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 5, 2005. The 60-day review period ends September 27, 2005. 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 September 6, 2005 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 26, 2005. 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 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 6. U.S. Fish & Wildlife 12. CenterPoint Energy Minnegasco 0 Location Map 0 Americana Community Bank Sign Variance Planning Case No. 05-28 600 Market Street City of Chanhassen o a i Chan View (w 7em Sq w ha m CN SUBJECT SITE G 'p 6 > CO m C a `m m Pam a 1 ( td o��eJa 5 Prbo�etUm 6 State Hw`1 m _a Lake Drive 10 m Pond Promenad 0 • Planning Case No. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 CITY OF CHANHASSEN RECEIVED Chanhassen, MN 55317 - (952) 227-1100 AUG 5 2005 DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING DEPT rMIN I Applicant Name and Address: ro-c 46so Ilo.,zrs my 5537ti( Contact: �,..,1, 7v.,k- / �rrcc.,i —)2.3�nc�crli Phone: 76'i-gAS-63?7 Fax:-93-423-`)a97 Email: o t I vv,+� c_�, ew +t u k . no.� Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review* Subdivision' Owner Name and Address: Char�i,m SS a.n r ruin 553)? Contact: 1�r Phone:95z-`237- 959� Fa Email: @. rrl&rjco.,. Temporary Sales Permit Vacation of Right-of-Way/Easements _ Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign** - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost*** $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds $450 Minor SUB TOTAL FEE $ -�J`r� 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. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (*Ail) format. Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. 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: �n�aric�no Co.�rnynr{r ^i nn�� T LOCATION: _Z©O )per LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES ,�— NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: a 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. Signature of Applicant Date Ignature of Fee Owner �— —I Date GAP1anU0rm§\Deve1opment Review Application.DOC Rev. 4/05 TTRATA 146BO JAMES ROAD • ROGERS, MN 55374 16N C7B3) 426-6377 FAX (763) 426-9097 • TOLL FREE (666) 339-0603 We are requesting a variance to place a non illuminated sign on the north end of the drive through canopy at Americana Community bank. We understand that we need a variance in order to place a sign on a canopy. We feel that once the trees begin to mature along Market Boulevard the sign on the west elevation of the building will no longer be visible when traffic is approaching from the north. The center management will not allow us to place our name on the monument sign and we feel we need this additional signage to help people find our location. We feel that there is a precedent set by the existence of other canopies with signs located on them. We hope that this request will meet with your approval. Thank you, Paul Punt CITY OF RECEIVED SSEN AUG 5 Z005 CHANHASSEN PLANNING DEPT SCANNED eir; I 11mericana community bank THESE DRAWINGS AND SPECIFICATIONS ARE THE PROPERTY OF ATTRACTA SIGN. To diMnbple IGaea drdwin0n IP anyone for Ibe purpose of receirinB bide. or the .nan.Uj,1Pre of a i,. simper to lha one represented M1ere is eaprpee ly forbidden. I�MOM CITY OF CHANHASSEN RECEIVED AUG 5 2005 CHANHASSEN PLANNING DEPT NO SCALE MOVE EXISTING LETTERS FROM EAST SIDE OF EXISTING BANK BUILDING TO NORTH SIDE OF NEW BUILDING. MOUNT LETTERS ON RACEWAY AS NEEDED. LETTERS ARE TO BE ILLUMINATED BY FLOOD LIGHTING MOUNTED UNDER EAVES OF DRIVE UP CANOPY REV. CHANNEL ALUMINUM LETTER RACEWAY FOR -- MOUNTING LETTERS STEEL SUPPORT TUBE FOR CANOPY A-urwitc-u& IGN 14660 JAMES Rd. ROGERS MN 55374 ►J 05-28 Americana Community Bank $200 Variance 50 Recording Escrow $250 TOTAL Received $250 from Americana Community Bank 8/5/05 Check #2722 SCANNED