2 Sign Ruby TuesdayCITY OF
PC DATE:
CC DATE:
CASE #:
By:
Oct. 20, 1999
Nov. 8, 1999
Sign #99-12
Al-$aff:v
STAFF
REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Variance to allow a sign to be placed on a building elevation that does not
face a parking lot nor a right-of-way.
Southwest Comer of Hwy. 5 and Great Plains Blvd.
Lot 1, Block 1, Villages on the Ponds 2nd Addition.
D JR Architects
212 Second Street SE
Minneapolis, MN 55414
(612) 676-2718
Ruby Tuesday
8391 West Lake Drive
Chanhassen, MN 55317
Attn.: Guerrino A. Ruta, Jr.
(612)949-1392
I.d
PRESENT ZONING:
PUD
ACREAGE:
0.941 Acres
ADJACENT ZONING
AND LAND USE:
N - BH, Highway 5
S - PUD, Villages on the Ponds
E - PUD, Villages on the Ponds
W - PUD, Villages on the Ponds
WATER AND SEWER:
Available to the site.
PHYSICAL CHARACTER:
The site has been prepared for development as part of the
Villages on the Ponds development. Abutting the site to
the west is the Village pond.
2000 LAND USE PLAN: Mixed Use: Commercial, Institutional, Office, and Residential
.Ii
Ruby Tuesday's Restaurant Sign Variance
October 20, 1999
Page 2
BACKGROUND
On September 1, 1999, the Planning Commission reviewed and approved a site plan application
for a 5,223 square foot restaurant on Lot 1, Block 1, Villages on the Ponds 2nd Addition
(Building 3). The applicant requested signs on three building elevations. The PUD standards
permits signs on building elevations that face a parking lot or right-of-way. The Planning
Commission directed staff to process a sign variance.
ANALYSIS
The proposed building is located south of Highway 5, east of the Village pond, north of Pond
Promenade, and west of retail building 4.
Wall mounted signs are proposed on three walls, east, west and north building elevations. The
si~n criteria for this PUD permits si~na~e on street frontages and main Darkin~ lots only.
The sign on the north elevation faces Highway 5 and the sign on the east elevation faces the main
parking lot for the subject building. Both of these signs are in compliance with the PUD sign
criteria. The sign on the west elevation faces the pond, which does not meet the criteria.
A clear red neon band in 3 inch channel with clear plexiglass appears on four elevations. The
sign ordinance treats neon bands as signs. The maximum allowable sign area is 156 square feet.
The total square footage of all three signs is 69.75 square feet as shown in the following table:
Elevation Sign Area Neon Band
East 23.25 sq. ft. 8.75 sq. ft.
South 0.5 sq. ft.
North 23.25 sq. ft. 13 sq. ft.
West 23.25 sq. ft. 1.25 sq. ft.
The intent of the sign ordinance is to establish standards which permit businesses a reasonable and
equitable opportunity to advertise their name and service. In addition, the ordinance provides
standards to ensure that signage is an integral component of the building's architecture.
The applicant is entitled to a sign on the south building elevation, which provides advertising
opportunities. However, the west elevation of the building will maximize this opportunity since it
will be visible from Highway 5 and Pond Promenade. The request is reasonable and staff is
recommending approval of the variance.
Ruby Tuesday's Restaurant Sign Variance
October 20, 1999
Page 3
FINDINGS
The Planning Commission shall not recommend and the City Council shall not grant a variance
unless they find the following facts:
ao
That the literal enforcement of this chapter would cause 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: Granting the variance will provide the applicant a reasonable opportunity to
advertise their name. The variance does not increase the sign area nor the number of signs
permitted on the building. The applicant is simply moving the sign from the south to the
west building elevation.
The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which the variance is based are not applicable to other
properties with the PUD.
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 does not appear to be based upon a desire to increase
the value of the parcel, but rather a reasonable opportunity to advertise their name.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not a self-created hardship.
go
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: The variance should not be detrimental to the public welfare or injurious to other
land or improvements.
II I
Ruby Tuesday's Restaurant Sign Variance
October 20, 1999
Page 4
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 increases the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair light and air to adjacent property.
Granting the variance will not increase congestion of public streets or endanger public
safety.
Based on the findings presented in the report, staff recommends apprOval of the variance.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of Sign Variance #99-12 to allow a sign on
the west building elevation, for a 5,223 square foot building (Ruby Tuesday's) on Lot 1, Block 1,
Villages on the Ponds 2nd Addition, as shown on plans dated received August 16, 1999, subject
to the following conditions:
1. Wall mounted signs will be permitted on the east, west and north building elevations only.
The applicant must obtain a sign permit prior to erecting the signs on site. A detailed sign
plan incorporating the method of lighting, acceptable to staff should be provided prior to
requesting a building permit."
ATTACHMENTS
1. Location Map.
2. Application and Public Hearing Notice.
3. Sign Plans dated received August 16, 1999.
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Bldg. 17 - 2 story
CITY OF CHANHA§BEN
090 COULTER DRIVE
CHANHAeSEN, MN 5S317
(012)
DEVELOPMENT REVItaW APPLICATION
TELEPHONE (Day {Jrr~) ~;~ ('Z" ~1(~f ~'1~
TELEPHONE:
ComprehenSive Pton Amendment
Temporary Sales Permit
Conditional Uae Permit
Vacation of ROW/Easementa
,. Interim U~ Porr~lt ~ Variance
~ Non-confo~tng U,o Permit ._ Wetland Alteration Pon-nit
~ Pbnned U01t~De,;,alopmont'
., Zoning Appeal
~ Rozonlng
Zoning Ordinance Amendment
Sign Permlt~
Sign Plan Review _ Notification Sign
Site Plan Review'
Escrow for Filing FeoEAttomey Coot"
($50 CU PIePPJVAO/VAPUWAP~e[es
and Boundo, $400 Minor SUB)
Subdivision' TOTAL FEE $ _
A IIci of all pmp0rty ownom within 500 foot of the boundaries of the property muir bo included with tho
application.
Building mMorlol lamplo~ muet bo .ubml[tod with elto plan reviews,
'Twenty-slX full ib'o [~[t;IJ;L~ copies of the plane muot bo eubmltted, Including on 8¼" X 11" reduced copy of
transparency for each plan ~hoet.
"Escrow will be required for other eppllcatlon~ throuDh tho development contract
NOTE - When multiple applications are proce~od, the opproprbte fee ~,hall be charged for each application.
89/13/99 12:19:49 612-937-5739-> 612 6?6 2796 Pa§e 883
LEGAL DESCRIPTION_ F~¢¢¢' df .O~'Ir[~. (-.,~' ~ t
TOTAL ACREAGE
R SE,TZO,, O_. FoP
REQUESTED ZONINO
PRESENT ~ND USE ~ESIONATtON.
NO
This appllcatlon mdst bei, completed In full and be typewritten or cleady printed and must be accompanled by ell Information
and plans required ~y applicable City Ordinance provisions. Before filing thls application, you should confer with the Planning
Department to determine'the specific ordinance end procedural requirements applicable to your application.
A determination of Completeness of the application cheil be made within ten business days of application t~ubmlttaL A written
notloe of application deflcbncles ahall be mailed to the applicant within ten buslnes~ 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 requlremonF¢ With regard to this request, This application ahould be processed In my name and I am the party whom
the City lhould coqt~ct r~gardlng any matter pertaining to this application, I have attached a copy of proof of ownership
(either copy of Own'els Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application ahd the fee owner ha~ also signed this application,
I will keep myself Informed of tho deadlines for subml&.lon of material and the progress of this oppllcatlon. 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 am true and Correct to the best of
my knowledge.
The City hereby notifies the applicant that development review c~nnot be completed within 60 days due to public hearing
requirements lind agency review. Therefore, the city Is notifying the applicant that tho city requires an automatic 60 day
extension for development review. Development review shell be completed within 120 days unlesa additional review
extenslona are approved by the applicant.
Signature of Applicant
Sl-na-ureg t - ' '
of Fee Owner
Dat~
Application Received on __ Fee Paid Receipt No. _
The applicant should contact ,,taft for a copy of tho mtaff report which will be available on Friday prior to the mooting.
If not contacted, a copy of the report will be mailed to the appllcal~'~
NOTICE OF PUBLIC HE, ,lNG
PLANNING COMMISSION MEETING ,,~.'-...~
WEDNESDAY, OCTOBER 20, ~999 AT 7:00 P.M.
CI~ HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL:
Request for Sign Variance
for Ruby Tuesday
APPLICANT:
LOCATION'
D JR Architecture, Inc.
Lot 1, Block 1, Villages on the
Ponds 2nd Addition
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicants, D JR Architecture, Inc., request for a sign variance to allow a sign on a non-street
frontage elevation for Ruby Tuesday Restaurant located on Lot 1, Block 1, Villages on the
Ponds Second Addition.
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.
make a recommendation to the City Council.
The commission will then
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 Sharmin at 937-1900 ext. 120. 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 October 7, 1999.
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