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FOF signedCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON II LNWw Application of Justin Schweigart on behalf of Camp Tanadoona for sign variance to allow a 12.75 -foot high ground low profile sing with 24 square feet of display area near the intersection of Highway 41 and Camp Tanadoona Drive. On May 2, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Justin Schweigart on behalf of Camp Tanadoona for a sign for the properties located at 3300 Tanadoona Drive (250083200) and at no address (250092600). FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is: All that part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West, lying Westerly of the centerline of State Trunk Highway No. 41, as now laid out (formerly Trunk Highway No. 12), Carver County, Minnesota, except that parcel described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West, described as follows: Commencing at the point of intersection of the South line of the Northwest Quarter of said Section with the centerline of State Highway No. 41 as now laid out; thence Northeasterly 1278 feet along said centerline to the point of beginning of the property being described; thence deflecting left 90 degrees to the South line of the North 100 feet of said Southwest Quarter of the Northeast Quarter; thence West along said South line of the North 100 feet to the West line of said Southwest Quarter of the Northeast Quarter; thence North along said West line to the North line of said Southwest Quarter of the Northeast Quarter; thence East along said North line to said centerline; thence Southwesterly along said centerline to the point of beginning. 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: The elevation change between the highway and sign location combined with the height of the surrounding vegetation during the summer months constitutes a hardship cause by reason of topography or other conditions. Granting a height variance to elevate the sign's display are above the vegetation mitigates this hardship, and does not adversely affect the permit and intent of the sign code. 5. The planning report, Planning Case #17-08 dated May2, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommend approval of the variance request to allow a height variance of 7.75 feet, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: The sign's height measured from grade shall not exceed 12.75 feet, including temporary banner mounts. 2. The sign shall be constructed with individual pole wraps to minimize the visual impact of its supports. 3. The sign shall be a minimum of 45' from the northern edge of Tanadoona Drive and a minimum of 10' west of the Highway 41 right of way. 4. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign on city property. This encroachment agreement shall include language stating that if Highway 41 and/or Tanadoona Drive are widened, the City can require the sign to be moved or removed if the sign's location impedes sightlines. 5. The applicant must apply for and receive the required sign permits from the city. 6. The ground low profile sign must meet the sign code's design criteria. 7. Temporary banners may only be displayed from January 1' to September 30th. 2 8. Temporary banners must be maintained in good repair. ADOPTED by the Chanhassen Planning Commission this 2d day of May, 2017. CITY OF CHANHASSEN BY. CCi'direr�aa -