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FOF signedCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON Ihi:7� Application of Vernelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West 78" Street and a monument sign located within the parking lot's 10 -foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vernelle Clayton for a sign variance for the property located at 400-416 West 78h Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2"a Addition Lot 3, Block 1, Chadda 2"a Addition 4. 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: It is not uncommon for sign plans to limit the number of facades which may display signage in order to prevent clutter or mitigate a development's visual impact on adjacent land use; however, none of these factors apply to this case. The sign code permits business to have one wall sign on each building facade with street frontage. A business located at similar intersection with similar surrounding land uses would be allowed signage on both elevations. Granting a variance from the sign plan to allow for signage along the east elevation will allow the development to erect signage which complies with the City's sign ordinance. Due to the configuration of the existing parking lot it is not practical for the owner to erect a ground low profile sign without encroaching on the property's 10 -foot setback. The existing pylon sign is an existing non -conforming use located in the City's right of way. By replacing it with ground low profile sign outside of the right of way and sight distance triangle the owner will significantly reduce the non -conformity. Reducing non -conformities and improving visibility at the intersection is in line with the intent of the City's sign ordinance.. 5. The planning report, Planning Case #17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION Planning Commission recommends approval of the variance request to allow a wall sign along the east facade of the building at 400-416 W 781i Street and a monument sign located within the parking lot's 10 -foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" 2017. 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east facade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. ADOPTED by the Chanhassen Planning Commission this 21st day of February, CITY OF CHANHASSEN Y: Chairman