Findings of Fact and Decision
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISON
INRE:
Application of Michael Schlangen for Conditional Use Permit approval for an electronic
message center, and Sign Variance approval from the individual dimension lettering,
minimum Yz-inch depth, to allow flat cabinet lettering as part of a monument sign in
Arboretum Business Park, PUD.
On May 11,2009, the Chanhassen City Council met at its regularly scheduled
meeting to consider the application of Michael Schlangen for a conditional use permit
and sign variance for the property located at 8175 Hazeltine Boulevard and now makes
the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development (PUD).
2. The property is guided by the Land Use Plan for Office/Industrial.
3. The legal description of the property is described in Exhibit A.
4. On April 21, 2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting and conducted a public hearing on the proposed Conditional Use
Permit and Sign Variance which was preceded by published and mailed notice. The
Planning Commission recommended approval of the conditional use permit and
denial of the sign variance.
5. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: The LED message center sign is permitted as a conditional use and
meets the criteria as outlined in the sign ordinance for electronic message center
signs. It will not endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
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Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
Finding: The sign meets the zoning district requirements and the design
standards of the Arboretum Business Park Planned Unit Development. The
monument sign will be constructed of black steel and will mimic the design of the
windows on the building. It is architecturally compatible with the development.
The LED message center area meets the sign ordinance requirements and design
standards as outlined in the City Code.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are the Minnesota Landscape Arboretum (A2)
and Office/Industrial uses as part of the Arboretum Business Park (PUD). The
message center sign meets the requirements as outlined in the City Code and will
not be hazardous or disturb existing or planned neighboring uses.
e. Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate
for the development.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Finding: The use is consistent with the standards of the sign ordinance as well as
the Arboretum Business Park development standards and will not be detrimental
to the surrounding area.
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h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking requirements were implemented
during construction of Arboretum Tire and Auto in 2001. Access to the site will
not be impaired with the addition of the electronic message center sign.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The electronic message center is part of a monument sign and will not
be detrimental to surrounding solar, natural, scenic, historic features.
J. Will be aesthetically compatible with the area.
Finding: The proposed sign will be architecturally compatible with the existing
building and complies with the sign ordinance and desIgn standards of the
Arboretum Business Park development.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Arboretum Business Park development
and complies with the standards for electronic message center signs as outlined in
Section 20-1259(2):
1. No electronic message center sign may be erected that, by reason of position,
shape, movement or color interferes with the proper functioning of a traffic
sign, signal or which otherwise constitutes a traffic hazard. The nearest
traffic signal is approximately 500 feet south of the monument sign. The
applicant's intent for the electronic message center sign is to advertise
specials and promotional events to attract motorists and direct traffic into
the site. The electronic message center sign will not use animation,
flashing, scrolling, or other special effects that will create a traffic hazard.
2. Electronic message center displays shall not exceed 5,000 Nits between the
hours of civil sunrise and civil sunset and shall not exceed 500 Nits between
the hours of civil sunset and civil sunrise. The sign will comply with this
condition.
3. Electronic message center signs shall not cause direct glare nor become a
distraction due to excessive brightness. The brightness of the message
center will comply with the maximum Nits allowed by ordinance.
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4. The lamp wattage and luminance level in candelas per square meter (Nits)
shall be provided at the time of permit applications. The applicant submitted
the wattage which shall comply with this ordinance.
5. There shall be no electronic message center signs in the front setback area
within 50 feet of a street intersection (as measured from intersecting right-of-
way lines) or within 125 feet of a residential district, except where lighting for
such sign is indirect or diffused and in no way constitutes a traffic hazard.
The nearest intersection is approximately 500 feet south of the proposed
sign. There are not any residential districts within 125 feet of the proposed
sign.
6. Electronic and non-electronic message center space used on a sign shall not
exceed a total of 40 square feet or 25 percent of the allowable sign area,
whichever is less. The message displayed on electronic message center signs
shall be depicted in one statement and not a continuing sentence or flow of
information. Flashing, scrolling, special effects or animated scenes on
electronic reader boards shall be prohibited. The electronic message center
occupies 19.5 square feet or 25% of the sign display area. The sign will not
use animation, flashing, scrolling or other special effects that will cause a
traffic hazard.
7. Electronic message center signs shall not be located in agricultural or
residential zoning districts. The site is zoned Planned Unit Development
(PUD) and is guidedOffice/Industrial in the 2030 Land Use Plan.
8. Electronic message center sign LED display use for signs within 500 feet of
single-family residential homes shall be limited to the hours between 6:00
a.m. and 10:00 p.m. The sign is not located within 500 feet of a single-
family dwelling.
6. Sign Variance Findings:
a. The City Council, upon the recommendation of the Planning Commission, may
grant a variance from the requirement of this ordinance where it is shown that by
reason of topography or other conditions, strict compliance with the requirements of
this ordinance would cause a hardship; provided that a variance may be granted only
if the variance does not adversely affect the spirit or intent of this ordinance.
Finding: The monument sign is located on a berm along Highway 41. The sign is
visible to motorists and provides a reasonable and equitable opportunity to
advertise the name and service. The existing sign to be replaced does not have
dimension letters; therefore, the requested flat panel sign will be consistent with
the pre-existing conditions of the site.
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7. The planning report, Planning Case #09-04 dated April 21, 2009, prepared by Angie
Auseth, et aI, is incorporated herein.
RECOMMENDA TION
The City Council approves Planning Case #09-04 for a conditional use permit for an
electronic message center and approval of the sign variance request.
ADOPTED by the Chanhassen City Council this 11th day of May, 2009.
CHANHASSEN CITY COUNCIL
1LA.t;
Its Mayor
BY:
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EXHIBIT A
That part of the South Half of the Northwest Quarter of Section 16, Township 116 North, Range
23 West, described as follows:
Commencing at the Southwest corner of said Northwest Quarter; thence South.89 degrees 52
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet to the actual point of beginning of the land to be described; thence continuing North
o degrees 52 minutes 20 seconds West, a distance of 300 feet; thence South 89 degrees 52
minutes 35 seconds East along a line parallel with the South line of said Northwest Quarter, a
distance of 457 feet; thence South 0 degrees 52 minutes 20 seconds East, a distance of 300
feet; thence North 89 degrees 52 minutes 35 seconds West, parallel with the South line of said
Northwest Quarter, a distance of 457 feet to the point of beginning, Carver County, Minnesota.
Which lies north of the South 100 feet thereof, and which lies southwesterly and westerly of the
following described line.
Commencing at the Southwest corner of said Northwest Quarter; thence South 89 degrees 52 .
minutes 35 seconds East (assumed bearing) along the South line of said Northwest Quarter, a
distance of 1,410.72 feet; thence North 0 degrees 52 minutes 20 seconds West a distance of
245.6 feet; thence continuing North 0 degrees 52 minutes 20 seconds West a distance of 300
feet; thence South 89 degrees 52 minutes 35 seconds East along a line parallel with the South
line of said Northwest Quarter, a distance of 376.85 feet, to the point of beginning,of the line to
be described; thence South 29 degrees 26 minutes 10 seconds East, a distance of 50.84 feet;
thence South 0 degrees 15 minutes 42 seconds East, a distance of 155.74 feet, to the north
line of the above described south 100 feet and said line there terminating.
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