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1 SPR 463 West 79th StreetCITY OF PC DATE: 01/06/99 CCDATE: 01/25/99 CASE #: 96-5 SIGN (VAR) 96-4 SPR T~'* I . i~l~ . STAFF REPORT Z <I: PROPOSAL: LOCATION: APPLICANT: An amendment to Site Plan Review # 96-4 for the installation of a 40 sq. fi. wall sign and 4.7. sq. ft. logo at Hi-Way 5 Centre. . 463 West 79th Street Giant Panda Chinese Buffet Restaurant 1331 Gateway Ddve Fargo, ND 58103 (701)298-8558 Itl PRESENT ZONING: ACREAGE: DENSITY: ADJACENT ZONING AND LAND USES: WATER AND SEWER: PHYSICAL CHARACTER: 2000 LAND USE PLAN: BH, Highway Business N/A N/A N: S: E: W: CBD, Central Business District PUD, Villages on Pond BH, Highway Business BG, General Business Available to the site This site contains a small shopping center. Commercial 0 00891 Giant Panda Variance January 6, 1999 Page 2 APPLICABLE REGULATIONS Section 20-1303 (3) states that wall business signs shall be permitted on street frontage for each business occupant within the building only (Attachment 2). Section 20-1267 requires that company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than fifieen (15) percent of the sign display area (Attachment 3). BACKGROUND Giant Panda Chinese Buffet is located in the Hi-Way 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 Hi-Way 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 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 tenant's names displayed. The applicant, Giant Panda, is requesting an amendment from the conditions of the site plan review to install a 40 sq. ft. sign and 3 ft. in diameter logo on the south elevation of Hi-Way 5 Centre. ANALYSIS The applicant proposes to install the words "Chinese Buffet" and a logo depicting a panda bear on the south elevation of the building. The applicant's name is already installed on the western elevation and the pylon abutting TH 5. Staff believes Hi-Way 5 Centre's signage criteria is 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 and Giant Panda Variance January 6, 1999 Page 3 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 ensures the signage will be proportionate to other signage and the building. The proposed southern signage will create an unbalance and may create a situation in which other tenants may request a second sign on the eastem elevation (which abuts Holiday Service Station). Furthermore, approving this variance for southern signage when a pylon which advertises for this business is redundant and will result in a cluttered look The request is based upon the notion that a sign on TH 5 will create greater visibility and add decoration to the building. The sign on the pylon already provides visibility. The applicant also stated the sign will add to the architecture of the building. This is not justification to grant an amendment to the site plan review. 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. Staff fails to find a reason to justify granting this amendment. Giant Panda has not demonstrated a hardship to warrant an amendment to permit the installation of a second wall sign. A hardship is present when a reasonable use cannot be made of the property. 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 amendment to the site plan review. FINDINGS The Planning Commission shall not recommend and the City Council shall not grant a variance unless they find the following facts: me That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: Staff believes that the applicant does not have a hardship. Existing wall signage and the name plate on the existing pylon are sufficient for visibility. It may set a precedent for those tenants seeking a second wall sign without proper street frontage. Giant Panda Variance January 6, 1999 Page 4 bo The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: All property owners within the various business and industrial districts must install signage that complies with the sign ordinance. There is nothing unusual about this application to warrant the approval of this variance. Co The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the variation is probably based upon the desire to increase the income of the restaurant. d. The alleged difficulty or hardship is not a self-created hardship. Finding: Staff believes that this hardship was created the applicant. The applicant created the hardship by proposing to install a wall sign that does not meet the requirements of the site plan review. eo The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: Approving this variance will permit a building to have three elevations of signage when the building is only entitled to two elevations. Staff is concerned that additional signage along the southern elevation will result in "clutter." 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 or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: This variance will allow signage on three elevations on a building when it is only entitled to two elevations. RECOMMENDATION Staff recommends that the Planning Commission recommend the following motion: "The Planning Commission denies the amendment to SPR #96-4 for the construction ora 40 sq. ft. illuminated wall sign and a 4.7 sq. ft. logo 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." Giant Panda Variance January 6, 1999 Page 5 ATTACHMENTS 1. Application and Letter 2. Section 20-1303, Sign Ordinance, BH District 3. Section 20-1267 Uniformity of Construction, Design, etc. 4. Site Plan 5. Conditions of Approval for Site Plan Review #96-4 6. Property Owners g:\plan\ck\plan corem\giant panda sign var 96-5.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION TELEPHONE (Day time) ~-'~n] - Z. ~'op - ~_.~.&- ~ OWNER: ~'7". ADDRESS: TELEPHONE: DEC 091998 Comprehensive Plan Amendment , Temporary Sales Permit Conditional Use Permit Interim Use Permit Non-conforming Use Permit Vacation of ROW/Easements _,~_ Variance Wetland Alteration Permit Planned Unit Development* Zoning Appeal __ Rezoning __ Zoning Ordinance Amendment __ Sign Permits __ Sign Plan Review __ Notification Sign Site Plan Review* Subdivision* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPPJVACNAR/W APIMetes and Bounds, $400 Minor SUB) TOTAL FEE $ -7,~-~ 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/=" 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. PRESENTS NG FIEQUESTED ONINg PRESENT LAND USE DF..$1GNATu, JN .... REQUESTED LA. ~ USE DESIGNATION._,. . ~QUEST I ~pl,.~ a ~ ~ut ~plicatio~ w~h au C~qwirement~ w~h regar~ to lh~ request. This a~pli~li~n ~UlO ~e ~r~e~se~ In my n~me ~n~ I am the ~utho~ted person tO make this appli~t~cn a~ the foe OWner h~S atsO s~ned this ~ation. ke,~ my,e~t ~n'o~.ed et me dee{final for submission of maten~l ,~ the pmgr~[ again~ ~:e t,1',~ to the pr~pe~ ~$r which ~h¢ ~rOV~,'~ iS g~med w~hin 120 ~a7~ Date /. ~p',~c~on Re:e,,.e~ ~ .~....~_~.~.~_~. Foe P~ Rec, tpt N~. December 7, 1998 Giant Panda Cb!~ese Buffet Restaurant 1331 Gateway Drive * Fargo, ND 58103 {701) 298-8558 City of Chanhassen C/0: Developmental Review Committee (DRC) 690 Coulter Drive Chanhassen, MN 55317 DEO 0 17 1998 C!?V r~,': c'~., · ,,,, Dear DRC Members: this letter is to with the application is to formally apply for placing a sign on the south side of the premises occupied by Giant Panda Chinese Restaurant, located on 463 West 79th St, Chanhassen, because the original application by landlord of the Plazza didn't include a signage on the south side of the building, according to DRC. After reviewing the "Signage Criteria" established by the DRC of the City of Chanhassen, #2: ' "Wall signs are permitted on no more than 2 streat frontages", Giant Panda is hereby applying for this signage "variance": adding a signage on the south side of the building to accompany with the signage in the west side of the frontage. The legal descriptions of signs on both west and south sides are provided on the application form, and details can be found on the sign designs. We will work with our signage companies Electric Sign Repair to modify and comply with other requirements in"Signage Criteria", if there is any in the design. Please note the Landlord has approved this potential signage on the south side of the building. As you are all aware of the importance of signage to a new, service type business, I don't need to overemphasize the significance of approval to the success of our business. Beside a "sign", the design will also add decoration to the building. Thank you very much for your friendly-to-business consideration. If you have any questions, please contact me at the above address before December 25 and at the new address after the Christmas, or contact my signage company. Merry Christmas. Sincerely yours,. Henry Li, Owner Giant Panda Chinese Restaurant at Chanhassen Enl: application form approval from Landlord Signage design. Largest Chinese Buffet in Town ZONING § 20-1303 Sef~. 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 Principal Height Sign Size Height Sign Size Structure (feet) (square feet) (feet) (square feet) 50,000 sq. ft. or greater 20 80 10 80 Less than 50,000 sq. ft. 16 64 8 64 (1) (2) ,/'(3) 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 of 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. 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. Wall business signs. Wall business signs shall be permitted on street frontag~_f_o_r each business occupant within a buil~d_in_g_ on_ly._The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: 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 witha 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. Supp. No. 9 1271 § 20-1266 CHANHASSEN CITY CODE sign stands immediately upon notification by the city. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within thirty (30) calendared days following receipt of written notice: . (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. All signs shall be subject to inspection by the building official, or any other official of the city who may be appointed by him, to ascertain if the provisions of this chapter are being met. (Ord. No. 231, § 1, 1-9-95) 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. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings o? ~-e~pments are p?sented for. s. it_e_plan review, proposed signs for the development s~h~o, ld he pr?~_~t~ed_~con__L currently for staff review. Ail planned centers and multi-tenant buildings shall submit a co__m_p__r~.h.e_n_sjve si______~ plan for approval by the planning commission and city council. Signage shall use individual dimensional letters and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multi.tenant building. Compan_n~._symb__oJ__s.~_dis_p. lay messages, pictorial presentations, illustrations, or decorations (any- _t~hj~n~t~h~e_~)~ha_n_~_o~r_di_ng! shall not occupy more than fifteen (15)percent of the sign display area. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1268. Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size regulations applicable to such signs. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1269. Reserved. Sec. 20-1270. Uniform sign code. The design and construction standards as set forth in Chapter 4 of the 1994 edition of the Uniform Sign Code as may be amended, are adopted. (Ord. No. 231, § 1, 1-9-95) Secs. 20-1271-20-1274. Reserved. Sec. 20-1275. Construction standards. (a) A free standing sign or sign structure shall.be constructed so that if the faces are not back to back, then they shall not have an angle separating the fa'ces exceeding fOrty-five (45) Supp~ No. 7 1268 VdNYg J. NV~ ::lOIf~ ~]~! TI'fH~ NI3U,.~)IIQOldd:JIJ ,ON *(INll~]O NO O~lN~P./:16 :iii OJ. SI QNV t~!¥a~I]:1 N915 9tldJ~T'i~ ~10 ,LU~:ldOtld IH1 SNIV'-~I~IH NgB:IO ~IIHI ~6/e©/b: ~d.9*VdNV~ J. NVt-9 GNO~Vgld193~O ,g'91. :I~OV'N~)I$ NOIIV'A_:3'I~:NI:I:II$:I/~A ~ONIISIX:I Hiway 5 Centre July 17, 1996 Page 3 2. Signage criteria: ao Ail businesses shall share one monument sign. Monument signage shall be subject to the monument standards in the sign ordinance. Wall signs are permitted on no more that 2 street frontages. The total of each wall mounted sign display areas shall not exceed (24 square feet). c. All signs require a separate permit. 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, materials, and heights. f. Back-lit individual letter signs are permitted. g. Individual letters may not exceed 2 feet in height. Only the name and logo of the business occupying the unit will be permitted on the sign. One pylon sign is permitted. The area of the sign may not exceed 64 square feet and a height of 16 feet. 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. o Screening of parking lot and the south elevation must be increased. Screening may include berms, ornamental, and evergreen trees. A minimum of four to six trees will be planted along the south side of the patio area. The applicant shall enter into a site plan contract with the city and provide the necessary financial securities as required for landscaping. 5. Fire Marshal conditions: mo Comply with Chanhassen Fire Department/Fire Prevention Policy No. 04-1991 (Fire Department Notes to be included on site plans), copy enClosed. NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, January 6, 1999 at 7:00 p.m. City Hall Council Chambers 690 City Center Drive SUBJECT: Request for a Sign Variance and amend the Site Plan APPLICANT: Giant Panda Restaurant LOCATION: Northwest Corner of Hwy. and Great Plains Blvd. in the Hi-Way 5 Center  W 78th St Giant Panda ~ ~_ ReStaurant ~ NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Giant Panda, is requesting a variance from the sign ordinance and an amendment to the site plan #96-4 for Hi-Way 5 Center, for the installation of a wall sign, located at 463 West 79th Street. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. 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 Cindy at 937-1900 ext. 117. 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 Dece~mber 24, 1,998/~ o ;> o'~z ~ m --{, .jw wLIJ uJI-- Z w T Z T 0 Z w '3" Z "T z OwZ 1.1.1 ~ z 0 o z' OOuj W -- w ~ Z z~Om -r Z <~ -I- z~z Z~ 0 ~ZZ