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2 Sign 563 W. 79th StreetCITY OF PC DATE: 03/18~03 CCDATE: 04/14/03 CASE #: 2003-5 SIGN (VAR) By: RG STAFF REPORT PROPOSAL: LOCATION: APPLICANT: A Sign Variance Request For The Installation Of Wall Signs On Three Sides Of The Building 'At Highway 5 Centre 463 West 79th Street Giant Panda Attracta Sign Co. 7420 West Lake Street St. Louis Park, MN 55426 (952) 933-7730 Mike Ramsey ~t~.fi 563 West 79th Street Chanhassen, MN 55317 PRESENT ZONING: ACREAGE: N/A BH, Highway Business DENSITY: N/A LLI ADJACENT ZONING AND LAND USES: N.' S: E: W: BH, Highway Business District, commercial building PUD, Villages on Pond and Highway 5 BH, Highway Business District, Holiday BH, Highway Business District, Chanhassen Inn WATER AND SEWER: Available to the site PHYSICAL CHARACTER: This site contains a small shopping center. 2000 LAND USE PLAN: Commercial LEVEL OF DISCRETION 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 Giant Panda Sign Variance March 18, 2003 Page 2 APPLICABLE REGULATIONS Section 20-1253 states 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. Section 20-1303 (3) states that wall business signs shall be permitted on street frontage for each business occupant within the building only. Site Plan # 96-4, Highway 5 Centre: Permitted wall signage on two building elevations. Signs were located on the west and north elevation. BACKGROUND On January 28, 2003, a sign permit was issued in error for wall signage on the south elevation of the building. On January 25, 1999, the City Council denied an amendment to SPR g96-4 for the installation of a 40 sq. ft. wall sign and 4.7 sq. ft. logo at Hi-Way 5 Centre on the south side of the building. On June 10, 1996, the City Council approved Site Plan Review #96-4 for the Highway 5 Centre. ANALYSIS The applicant is requesting a variance to keep the wall signage on the south elevation of the building, "Giant Panda" and a logo depicting a panda bear, which was permitted in error. The applicant's name is already installed on the western elevation and on the pylon abutting TH 5. Giant Panda is located in the Highway 5 Centre. The site plan for this building was approved in 1996. The ordinance requires that when buildings are presented for site plan review, the proposed signage shall also be presented for review and approved by the Planning Commission and City Council. The purpose of this review is to make certain the signage complies with ordinance and to grant "variances" if necessary. One of the conditions of approval of the Highway 5 Centre site plan was that wall signs shall be located on no more than 2 street frontages. The sign ordinance requires that wall signage be installed only on elevations with street frontage. In this case, the building abuts West 79th Street and TH 5. Therefore, wall signage would be permitted on the north and south elevations. Since the tenant spaces face the west, the owner requested to give up signage along the southern elevation in return for gaining signage along the west elevation. Staff thought it wise to permit signage on the west and one other elevation. The northern elevation was selected by the owner. The sign plan that was Giant Panda Sign Variance March 18, 2003 Page 3 approved was a compromise between the city and the building owner to permit signage on elevations which would be most beneficial to the site even though the ordinance does not permit signage without street frontage. Signage on the southern and eastern elevations is prohibited. The shopping center has an existing pylon sign along TH 5 for visibility with all tenants' names displayed. Staff believes Highway 5 Centre's signage criteria are appropriate and purposeful. It is fair to all five (5) tenants by allowing them to install distinct signage, yet it specifies the location and the size of the letters. It limits the size of the individual dimensional letters to 2 feet in height (Giant Panda's letters are 1.5 feet in height) and the location (two elevations) of the wall signs. The sign ordinance states that multi-tenant buildings shall have uniform signage. The signage criteria for this building ensure the signage will be proportionate to other signage and the building. The request is based upon the notion that a sign on TH 5 will create greater visibility and improve business. The sign on the pylon already provides visibility. A considerable amount of time and effort was put into the original conditions of approval to ensure that the signage would be complementary to the site and yet provide visibility for the future tenants. The tenant currently uses window signage on the south elevation to increase their visibility. Staff fails to find a reason to justify granting this variance. Giant Panda has not demonstrated a hardship to warrant a variance to permit the installation of a second wall sign. A hardship is present if it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship. The applicant has a reasonable opportunity to install signage on the western elevation of the building. Actually, the words "Giant Panda" are already installed. Staff fails to find a hardship in installing only one sign. Giant Panda has two signs, one on the western elevation and the other on the pylon abutting TH 5. Based on this information, staff does not believe that the applicant has demonstrated a hardship and cannot recommend approval of the variance. However, there are three other alternatives for the Planning Commission and City Council to consider: Since the proposed sign does comply with the sign ordinance requirements, but not the site plan conditions, and it is actually the signage on the western elevation of the building that requires a variance, it may be a factor for granting a variance. Signage on the western elevation would need to be shown to be necessary due to the conditions of the site, i.e., the entrances for the interior units are located to the parking lot and do not have street frontage, and therefore, would not be permitted signage otherwise. o The variance could be denied and the City Council could grant an extended time period for the removal of the sign. This would allow the tenant to amortize the cost of the sign as a business expense. Giant Panda Sign Variance March 18, 2003 Page 4 o Giant Panda extensively uses window signs. The sign ordinance permits up to 50 percent window coverage. If the Planning Commission and City Council were to grant a variance for the wall signage, elimination of the use of window signs for the south windows is recommended. FINDINGS 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: Permitting the reallocation of the wall signage from the southern to western elevation was reasonable and consistent with the findings required for granting the signage variances. The granting of a sign variance to permit signage on three sides of the building is not warranted. The tenant has a reasonable opportunity to advertise their business without a sign on the southern elevation. RECOMMENDATION Staff recommends that the Planning Commission recommend the following motion: "The Planning Commission recommends denial of the sign variance for Highway 5 Centre to permit wall signage on three sides of the building based upon the findings presented in the staff report and the following: 1. The applicant has visibility on TH 5 with the existing pylon sign." ATTACHMENTS 1. Development Review Application and Letter 2. Section 20-1303, Sign Ordinance, BH District 3. Reduced Copy of Site Plan 4. Sign Permit Application 5. Letter from Robert Generous to Peng Pan dated 2/11/03 6. Public Hearing Notice and Mailing List g:\plan\bg\development review\giant panda sign var 2003-5.doc CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: ,~ ~ y--, ~,J¢.-~::~ ADDRESS: TELEPHONE (Daytime) OWNER: /'~ ', I~..~ "~ O~.r'~ 3 ~.~ ADDRESS: ,¢g~ ~ LJ ~..~.. ~ ~ 4.~, ~/--. 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* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment __ Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAPIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING YES NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST 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 Plannin~ Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten 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 ail 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. ! 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. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signatu~ of Applicant Signature of Fee Owny / Application Received on Date Date Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. 7420 WEST LAKE ST. · MINNEAPOLIS, MN. 55426 · FAX (952) 933-7883 City of Chanhassen 7700 market Blvd. Chanhassen MN 55317 We are requesting this variance on behalf of Mr. Peng Pan owner of Giant Panda Restaurant, located at 463 west 79th street. We are asking for a sign on the south elevation of the building. Currently signage is allowed on only two sides of the building with signs now placed on the North and West sides. We applied for and were issued a permit for the sign on the south elevation. Upon receipt of the permit we manufactured and installed the sign for Mr. Pan. If we had been informed that we could not place a sign on the South elevation of the building we never would have made the sign. However Mr. Pan has a substantial expense caused by the cities mistake of issuing the permit. We are therefore asking that a variance be issued for this sign. It should further be noted that other developments within the city currently have sign on more than two sides. Market square has signs on all four sides. The building occupied by Byerly' s has signs on three sides. Americlnn has signs on three sides and the building occupied by Bell Mortgage has sign on all four sides. ZONING § 20-1303 Total Square Maximum Percentage of Wall Wall Area in Square Feet Footage of Signs 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201--4,500 230 3% 4,500+ 240 (3) Wall signs shall not include product advertising. Wall signs shall only include tenant identification, tenant logo or registered trademark, center name, or any combination of the three. (Ord. No. 231, § 1, 1-9-95) 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: The following table lists the standards for freestanding and ground low profile signs in the BH, BG, or CBD zone. Pylon Ground Low Profile;;c Principal Height (feet) Sign Size Height (feet) Sign Size Structure (square feet) (square feet) 50,000 sq. ft. or 20 - 80 10 80 greater Less than 50,000 16 64 8 64 sq. ft. (i) Pylon business sign. Pylon signs are permitted on parcels that abut State Highway corridors only. One (1) pylon identification sign shall be permitted. This sign may identify the name of the center or the major tenants. The height and square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten (10) feet from any property line. (2) Ground low profile business signs. One (1) ground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage. The height and square footage of the sign shall be based on the table above. Such signs shall be located at least three hundred (300) feet from any other pylon or ground sign and at least ten (10) feet from any property line. (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Supp. No. 14 1271 § 20-1303 CHANHASSEN CITY CODE Maximum Percentage Maximum Square of Wall Wall Area in Square Feet Footage of Sign 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201--4,500 230 3% 4,500+ 240 (4) Menu board. One (1) menu board sign per restaurant use is permitted with a drive-through facility. Such sign shall not exceed forty-five (45) square feet in size nor greater than eight (8) feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. (Ord. No. 314, § 2, 3-26-01) Sec. 20-1304. Industrial office park signs. The 1) (2) (3) following signs shall be allowed by permit in any IOP district: Pylo~z or ground low profile business signs. Pylon signs are permitted on parcels that abut the High~vay 5 corridor only. One (1) pylon or one (1) ground low profile Industrial Office Park identification sign shall be permitted. A pylon sign shall not exceed eighty (80) square feet in sign area and shall not exceed twenty (20) feet in height. A ground low profile may not exceed eighty (80) square feet and eight (8) feet in height. Such sign shall be located at least ten (10) feet from any property line. Ground low profile business signs. One (1) ground low profile business sign shall be permitted r per site for each street frontage. Such sign shall not exceed sixty-four (64) square feet in sign display area nor be greater than eight (8) feet in height. Such sign shall be located at least ten (10) feet from any property line. Wall business sig~s. Wall business signs shall be permitted on street frontage for each business occupant within a building only. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximu~n Perce~ tage of Wall Wall Area in Square Feet Maximum Square Footage of Sign 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201-4,500 230 Supp. No. 14 1272 - , - _ . ;~: ~-:~ . . · ~.:z~ . :-.-;. ~ -/ !~' :\ .'! ~. ~t..- :. J SIGN PERMIT APPLICATION CONT COPY CITYOF Permit Fee $ ~. O~ 612937.1900 Oom~ l:~z 612~37J739 . Site Address: ,/ Address: Applicant:.. ~,,~,Q,.. ~. 7- ,-. -.., . ... , -..:'. '- .-- . 5. ' '..,/, '..',-:'::.' 2 -'-:': · ':-.< :.. :' .-.'..- i .':,'-".. '":. '".::.5 .... ::5 !: ..... '-f~ -"'/' · . _ · · Permanent Sign: _~.=..':: .,'.'--.. ...... OFFICE USE ONLY I Phone: Zip Code: Phone: Zip Code: ~-~ Temporary Sign: From: / / To: /. / 2r Alt_erat~on Rep_ak Relocat~ TYPE OF SIGN Pylon lq-6n-ril~d Size of Sign: Height: Total .Area: Logo Area: fl: sq. fL sq. ft. If a ,Wail Skin. Wall Area: Percentage of wall cov~'ag¢ by sign: If a Monument or Pylon Sign, Total Height (abow gra~e)_ Wor g siw: -r- Materials Used for Conslruction: ~ -}-)L~Ui c_ · Wall Anchorage Details: r,,~ Specifications of'fasteners (e.g., s/va, type, numbe.r per let'ter,.and spacing) ~ Approximate weight of sign: Value of Sign: $~., ~ ~= ~ Variance Required: _ Yes .>( No Est/mated Date'of Completion: ._~ / / 6'-/.~_~_.~ Planning Department Case Number: Will the sign be located in a public drainage or utility eaSement: --.---._ Yes ~ N'o NOTE: Please attach an elevation draw/rig to scale of the entire wall of the building to which the · sign is to be affixed, accurately locating the sign. If the sign is 5ce standing, at-tach a Site plan showing the exact location of the sign in relation to the property lines and plans indicating the manner the sign and/or its support will be consmacted. THE UNDERSI Management's Signature: Date: · , Build/ng:. ~'7~' Date: APPROVALS __ __ En~neering: _ Date: -- CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227,1100 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: 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 v,,',,%,.ci.chanhassen.mn.us February 11, 2003 HAND DELIVERED Mr. Peng Pan Giant Panda 463 West 79th Street Chanhassen, MN 55317 RE: Wall Signage on South Building Elevation Dear Mr. Pan: As you are aware, the sign permit issued for the sign on the south face of the building was issued in error and in violation of the site plan approved in June 1996, Site Plan #96-4, for the site. In issuing the sign permit, I reviewed the sign for compliance with the sign code. However, I did not review the conditions of approval for site plan #96-4 which limited signage to only two building elevations. In January, 1999, a request for an amendment to the site plan agreement to permit signage on the south elevation of the building was denied by the city. Signage was located on the north and west elevations of the building at the time of your sign permit application. The sign you proposed was on the south elevation. Upon learning of the error, I went to the site, at approximately 3:00 p.m. Thursday, February 6, 2003, and advised you and the sign installer that the sign was not permitted, the permit was issued in error, and the sign must be removed. As an alternate, I told you that if you could get the property owner to remove their sign on the north elevation and relocate it to the south elevation, then the conditions would be satisfied and you could keep your sign. I told you that your administrative options were to request a variance from the sign ordinance or amend the conditions of the site plan approval, which would require public hearings and city council approval. However, I told you that until that had been resolved, you must remove the sign. When asked what would happen if you did not remove the sign, I told you and the sign contractor that violation of city ordinance was a misdemeanor (with penalties up to 90 days in jail and a $1,000.00 fine for each day of violation). I have provided you with copies of the city's sign ordinance related to wall signage, a copy of the signage criteria for the development from the site plan agreement, and the minutes of the city council meeting denying the amendment to the site plan conditions. The sign contractor then requested that we meet with Kate Aanenson, Community Development Director, to see if there was a compromise to removing the sign The City of Chanhassen o 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. Mr. Peng Pan February 11, 2003 Page 2 right away. He argued that the sign should be permitted to stay while you pursued finding an alternative resolution. Kate Aaneneson contacted Roger Knutson, City Attorney, to see what alternatives were possible. He concurred that they city could require that the sign be removed. However, since the sign company proceeded with the sign installation in reliance on a permit, we could also let the sign remain on the building until you have gone through the alternatives of having the property owner agree to changing the sign location or proceeding through a variance process or an amendment to the conditions of site plan approval. Delaying enforcement does not provide you with any implied standing for the sign, but permits you to proceed through an administrative process without fear of civil action. While the sign which was installed is in violation of the site plan agreement and should be removed, the city will withhold enforcement of the city requirements to permit you to pursue an alternative resolution. By Tuesday, February 18, 2003, you must either submit a development review application (enclosed) requesting a variance for signage on three sides of the building, or submit an executed agreement with the property owner stating that the owner will remove the sign on the north side of the building. If you do not submit an application or an executed agreement by the deadline, you will be required to remove the signage from the south side of the building by Tuesday, February 25, 2003. Please note that the property owner will need to sign the development review application. The following is the Signage Criteria approved as part of the site plan approval: a. All businesses shall share one monument sign. Monument signage shall be subject to the monument standards in the sign ordinance. b. Wall signs are permitted on no more than 2 street frontages. The total of each wall mounted sign display area shall not exceed 24 square feet. c. All signs require a separate sign permit. d. The signage will have consistency throughout the development and add an architectural accent to the building. e. Consistency in signage shall relate to color, size, material and heights. f. Back-lit individual letter signs are permitted. g. Individual letters shall not exceed 2 feet in height. h. Only the name and logo of the business occupying the unit will be permitted on the signe. Mr. Peng Pan February 11, 2003 Page 3 i. One pylon sign is permitted. The area of the sign may not exceed 64 square feet and a height of 16 feet. jo The applicant must obtain a sign permit prior to erecting the signs on site. One stop sign must be posted on each driveway at the exit points of site. A detailed sign plan incorporating the method of lighting, acceptable to staff, should be provided prior to requesting a sign permit. The sign you have installed on the south elevation is in violation of criteria b. If you have any questions or need additional information, please contact me at (952) 227-1131. Sincerer, Robert Generous, AICP Senior Planner Enclosure C.' Attracta Sign Michael E. Ramsey NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MARCH 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Sign Variance APPLICANT: Mike Ramsey/Giant Panda LOCATION' 463 West 79th Street NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Mike Ramsey, is requesting a sign variance located at 463 West 79th Street, Hi-Way 5 Center, Giant Panda. What Happens at the Meeting: 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: 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. Questions and Comments: 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 Bob at 227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 6, 2003. VV ! ! 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