Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
The application of Holiday Stationstores, 2960 West 82nd Street, Variance No. 07-12
On June 5, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of Holiday Stationstores for a canopy sign variance.
The Planning Commission conducted a public hearing on the proposed development which was
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned PUD, Planned Unit Development
2. The property is guided by the Land Use Plan for Office/Industrial.
3. The legal description of the property is: Lot 1 Block 1, Arboretum Business Park
3rd Addition.
4. The Planning Commission shall not grant a variance unless they find the following
facts:
· The literal enforcement of the ordinance does not create a hardship, since the
Holiday Station has two monument signs, one of which has changeable copy that
could advertise the new store hours. The PUD Development Contract specifically
states that all freestanding signs shall be limited to monument signs. There is no
topographical evidence of hardship on the property with regards to signage.
· Due to the fact that the property is in a Planned Unit Development and signage
was addressed in the Development Contract, permitting a monument sign per
street frontage, a variance is not needed for this particular property.
· The ability to add canopy signage to the gas station will not increase the value of
the property. However, it may increase the potential income to the business
located on the parcel. The applicant's intent is to advertise the new store hours;
however the proposed signage does not reflect the hours of operation.
I
. The hardship is self created as the applicant could advertise the new hours of
operation on the existing monument sign located at W 82nd Street. The current
signage is in compliance with City Code and with the PUD Development
Contract for Arboretum Business Park 3rd Addition.
. The variance will not be detrimental to the public welfare as the property is
located adjacent to other commercial building. However, by granting the
variance, the city could be setting a precedent to other gas stations in the city to
request canopy sign variances when they are prohibited in the Development
Contract agreed upon by the developer and the city.
. The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets.
5. The planning report Variance #07-12, dated June, 2007, prepared by Angie Auseth, et aI,
is incorporated herein.
RECOMMENDA TION
The Planning Commission denies a canopy sign variance.
ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2007.
SION
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