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CC Staff Report 3-9-20CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Receive Planning Commission Minutes dated February 18, 2020 Section CONSENT AGENDA Item No: D.2. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION “The City Council Receives the Planning Commission Minutes dated February 18, 2020.” Approval requires a Simple Majority Vote of members present. ATTACHMENTS: Summary Minutes Verbatim Minutes CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES FEBRUARY 18, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael McGonagill MEMBERS ABSENT: Doug Reeder, and Laura Skistad STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Associate Planner PUBLIC HEARING: CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL). MacKenzie Walters presented the staff report on this item. Ben James with Blue Label Creative spoke on behalf of Chapel Hill and discussed the need for this signage. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the City. 2. The Electronic Message Center (EMC) must comply with the City’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 46.29 percent. 3. The ground low profile sign must meet the City’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Planning Commission Summary – February 18, 2020 2 APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated February 4, 2020 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson discussed action taken by the City Council at their February 10, 2020 meeting and the upcoming schedule for the Planning Commission. Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING FEBRUARY 18, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael McGonagill MEMBERS ABSENT: Doug Reeder, and Laura Skistad STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Associate Planner PUBLIC HEARING: CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL). Walters: So this is a sign variance request. Chapel Hill Academy is requesting a variance for a 6 foot high ground low profile sign with a total of 35.33 square feet of sign display area. 16 square feet of that is proposed as an electronic message center so a little overview of the site. Chapel Hill is right downtown, pretty close to city hall and the proposed sign location is about where this blue star is. It would be the location of the existing sign so the sign location wouldn’t be changing. Only the height and size. Just to give a sense of the surrounding context, Chapel Hill is zoned office institutional. They have residential single family to the north and east. We have some preserve open space, A2 to the south. Another office institutional and then central business district over here so it kind of is at the end of the commercial section of downtown. Just to compare and provide some context for the sign code because we don’t see too many sign variances, under the office institutional district business and institutional signs are allowed to be up to 5 feet high with a maximum display area of 24 square feet. Electronic message centers are an allowed type of signs, however the EMC’s and then governmental signs are allowed to be larger so it’s for instance a public school or the Chanhassen library, even though it’s zoned office institutional it’s allowed to have a larger sign. Up to 8 feet high and 120 square feet. In the case of those 40 square feet of that display area can be electronic message centers. Right here is the section of the city code that governs electronic message centers for signs up to 24 square feet up to 50 percent of their display can be the EMC. If they’re over 24 feet but less than 64, 45 percent of the display can be the EMC. There’s a few other rules that are in play. They can’t be within 50 feet of a street intersection. The sign itself cannot be within 125 feet of a residential district and if they’re within 500 feet of single family homes they cannot be on between the hours of 6:00 a.m. and 10:00 p.m. There also are regulations in the city code that govern the maximum brightness of EMC’s as well as preventing them from having moving or animated images so it has to be a static display under the code. The applicant is proposing a 6 foot high sign so that’d be a 1 foot variance from the height and the 35.33 square feet would be an 11.33 square foot Chanhassen Planning Commission – February 18, 2020 2 variance from the maximum display area size. That would allow them to have a 16 square foot electronic message center. Full disclosure that is a quarter percent larger than the display area ration they’d be allowed but staff doesn’t consider a .1 square foot deviation to be significant. So Chapel Hill believes that because they have a large number of different users that use the building as well as a bunch of variable after school events and meetings that it is very difficult for them to communicate the programming at their facility with a static display and that’s why they’re requesting a larger electronic message center. They did note that the office institutional zoning does allow public schools and similar government agencies to have much larger signage than they are requesting. So comparing the existing sign to the proposed sign, the existing sign is 5 feet tall. Has 24 square feet of display area and the EMC is about 9 ½ square feet and as mentioned what they’re proposing would be a little over 11 square feet bigger in display area. A foot taller with a 16 square foot electronic message center. I will mention before I get into the staff assessment we were contacted by a resident who did express concern that this sign would have much more of a visual impact than the existing sign. Predominantly due to the increased lamination and they expressed some concern that pedestrians walking might find it distracting along the sidewalk. When staff evaluated the proposal we do feel that this is a unique use in the community and that the multiple different uses for the building and the variable programming did justify or make a case for why a larger electronic message center may be appropriate. The applicant had originally came in requesting a variance for an 8 foot tall sign with I believe it was 48 square feet of display area. Staff asked them to revise it to try to minimize the extent of the variance and that’s what resulted in the current proposal which is a much smaller deviation from the standards. The site’s location and orientation do place the sign near a lot of the commercial uses in downtown and the building prevents it from being seen from the residential properties and that’s one of the reasons why staff is comfortable recommending approval on this as well as the sign being in the same location and does not believe that there will be any traffic safety risks posed with this sign. With that I’d be happy to answer any questions you may have. Weick: Thank you MacKenzie. Couple questions I do have. If you could, if you go back to page 4 of 7 and you don’t have to flip there but it’s the chart. Underneath the chart there were 3 bullets. Yep. Of those 3 do any of those currently apply? Walters: The sign meets all current ordinance so it’s 50 feet back from the intersection. The sign, even though the border of the parcel is within 125 feet the sign itself is not within 125 feet. It is within 500 feet so they would have to turn off the EMC between the hours of 10:00 p.m. and 6:00 a.m. Weick: Okay. That was the only question I had. Anyone else for MacKenzie at this time? No? I would invite the applicant to come forward. Just state your name for the record and tell us about your project. Ben James: Hi my name is Ben James and with Blue Label Creative and my kids have gone to Chapel Hill. The oldest one is in eighth grade this year and the youngest is in third grade so I do a lot of different projects from coaching sports. From basketball and soccer for the school as Chanhassen Planning Commission – February 18, 2020 3 well as volunteering for other sun runs and other activities that they have. So with the school it’s an important amenity and we are an important amenity and partner with the City of Chanhassen and the sign would provide not only announcement of important school events but for the also the churches and clubs and organizations that UCHA. It would also be used, could be used for public service announcements and city event promotions as well so we would be open to working with you guys on that. And MacKenzie did a great job kind of summing it up that it doesn’t face any residential areas as well. We would be keeping the same pad that you see right there. The brick and the electrical and everything it’s there. Part of the old display, there’s some safety concerns with the fire wall. It’s not supported for the computer system that’s there anymore so it is, we don’t want to have, open that up to any hackers or anything like that so hopefully they’re not watching tonight. Whoops. You know so that’s really what we’re looking to do in a nutshell. Did you have any questions? Weick: Sure. Do you consider the sign to be more advertising or more, I’m going to draw a blank but like location identification. Ben James: It is more location identification. Trinity Hill Church right now, they take a banner off of the front entrance every Sunday. Weick: Okay. Ben James: You know so it is for these clubs and organizations that are using it. There are opportunities in the near future with some expansion. I’m sure that will be a different meeting to bring other clubs and so forth in there so it’d be a way for notifying and identifying that. And then there would be some for sporting events. You know when other teams come into play games you know it’s just a good identification that that’s where the soccer or the, not soccer I should say but basketball or volleyball games would be at. Weick: Okay. And then if you were going to replace the sign if it needed to be upgraded, to be within code you could, you could go and correct me if I’m wrong MacKenzie but we could go to 12, 12 square feet from an increase from the 9 ½ today they could go to 12 square feet and be within code. Walters: Yes they could, that’s what the city code would allow. Weick: Is that something that you guys considered and I apologize I don’t have a real good dimensional mind so I don’t know if there’s a huge difference between those or. Ben James: Yeah, so with the panels that we’re using for the high resolution, they come in 12 inch square panels that can interchange. So having to customize and go into, they don’t make like an 18 inch so you know we’d have to do some custom work on that with the LED’s to do that so this is a less expensive solution than doing a custom size. Chanhassen Planning Commission – February 18, 2020 4 Weick: Smaller size, okay. Anyone else with thoughts or questions? For the applicant. Nothing? McGonagill: It’s not 6 foot high white letters. Weick: No. Well thank you then. I appreciate you coming forward and certainly clarifying some of those items for us. Ben James: Thank you for your time. Weick: Thanks a lot. At this time we will open the public hearing portion. Anyone wishing to come forward and offer an opinion on this item is welcomed to do so at this time. I thought maybe we had someone moving but no, okay. Then seeing nobody come forward I will close the public hearing portion and open for commissioner comment or a motion. Judging from the lack of questions I’m assuming everyone’s you know tracking with this one. Undestad: Yeah I think so. McGonagill: It’s tastefully done. Like I said it’s not 6 foot high white letters so I’m, it’s not bright. They’ll turn it off. It’s what it’s supposed to do and you know I will, for sure they use that facility a lot for volleyball and basketball and be able to put that up. Who’s playing when and at what time. It’s a great thing to have because they turn that facility around a lot I know that. Randall: Oh I’m sorry. Oh I was a little concerned about the residential impact but after seeing how the building actually blocks the light from it so I know some of these signs, especially at night they get really bright you know and with our hours that they’re going to be operational. Weick: Yeah there’s some houses there on 78th maybe that just because of the angle. Like that one on the corner maybe is, would be the one that I would certainly be, yeah. They seem to have a pretty good, although it is. Undestad: It’s at the other angle too though. Weick: It is a different angle and I think there’s a little bit of a hill and then some trees and stuff, I mean it’s not a straight shot. I’ve been along there quite a bit and it basically just, I mean we’re a little less than doubling kind of what’s there today. As far as the electronic portion of it so. McGonagill: I’m good with it. Randall: I am too. Weick: I certainly would entertain a motion. Chanhassen Planning Commission – February 18, 2020 5 Undestad: I’ll make a motion that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Weick: Thank you. We have a valid motion. Do we have a second? McGonagill: I’ll second it. Weick: We have a second from Commissioner McGonagill. Any further comment at this time? Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the City. 2. The Electronic Message Center (EMC) must comply with the City’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 46.29 percent. 3. The ground low profile sign must meet the City’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Weick: Hearing none the motion passes unanimously 5 to 0. Thank you everybody for presenting this evening and coming. Appreciate it. APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated February 4, 2020 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Weick: Kate I certainly would open it up for City Council update. Chanhassen Planning Commission – February 18, 2020 6 Aanenson: You on your next agenda scheduled for March 17th. I’ll be looking at an amendment to the PUD for Paisley Park that was linked to 12 events so they would like to try one outdoor event and then we’d just kind of, MacKenzie put together that we use for all special events, the permits on those so we’re only permitting ones that are over a certain volume and how they’re regulated so we’ll have that public hearing. And then they talked about yard waste update just because the County closed where you could take your yard waste so just kind of looking at that so you won’t see anything on that but just ongoing discussion. Just want you aware of that. Trying to get some additional days spring and fall. The council also approved an interim use permit for the wetland for the very technical report on the slide we had on the light rail, on the trail. The LRT trail so that got approved so that work should begin this spring and then also we, the council passed a resolution adopting the Comprehensive Plan so that’s on the work session for your April meeting that we are, first meeting with new commissioners but we’ll go through that. Some of the significant changes. Kind of next steps so we actually have quite a few things for that if it’s okay Chair I’ll just kind of jump to our upcoming agenda. We talked about PUD on for that. We don’t have a meeting in 2 weeks, that March 3rd. That is the Presidential nomination primary so we will not be meeting so our next get together for our last meeting with John and Mark so I hope they’re both here on the 17th. Then on April 7th again we adopt the bylaws, a Chair, Vice Chair. We’ll talk a little bit about development review process. I think there were some questions on that. If there isn’t much on the agenda we might move that one up but it’s kind of helpful for some of the new people there too. We’ll talk about the comp plan. Some of the little tweaks we had to make or I guess kind of explaining our methodology, yeah. Kind of more of what that was a lot of back and forth this last year and then we were asked to look at some of the other goals of the other commissions on what they’re working on and how we can be integrating that into what we’re doing and I think that will be helpful too when we do our annual all commissions tour so that might be helpful too. McGonagill: When is that all commissions tour? Aanenson: Usually we do like in August. The first or second week in August. McGonagill: Okay. Aanenson: The other thing I do not have on your calendar and I apologize is, I will get that out to you so you can put it on your calendar and that is the annual meeting with the City Council. After they do their appointments then they’ll set that one so I’ll get that out to everybody to put that on their calendar but with that we have candidates here so after you adjourn we’ll go into the Fountain Conference Room and I’ll kind of be the gate keeper and get you set up and then direct people when you’re ready. Weick: One question, did you mention the item that we heard on the 4th. Did that go in front of City Council? Aanenson: The memory care? Chanhassen Planning Commission – February 18, 2020 7 Weick: Yeah. Aanenson: Yep that’s going next Monday. Weick: They haven’t heard it yet? Aanenson: Yep, a week from yesterday. Yes they have not heard it yet. Good question. They have modifications to it and they know they can meet all those so based on what you saw, some of the input you gave them so I think you’d be pleased with that. McGonagill: What are some of the modifications they did Kate? Aanenson: Pardon me? McGonagill: What did they modify? Aanenson: You know I haven’t gone through all the details with Sharmeen but Sharmeen said they met pretty much all the criteria that was in there so I haven’t looked at that but I’ll share that with you at your next meeting and show that to you. McGonagill: Okay, thanks. Tietz: Hey Kate I have a question. Sign variances. Didn’t we, wasn’t it a year and a half ago when we approved the Youngstedt’s sign, electronic sign and that never has changed has it? Did they back off of that? Walters: That variance has lapsed. I unfortunately do not know why they decided not to proceed with it. I had been under the impression they were good to go and they chose not to ultimately. Tietz: Okay, yeah. Aanenson: I’ll to circle back to Mark’s comments on NIT’s on signs. That’s the intensity so we do ask the architect of those to measure those. So when there was a variance on those sometimes the Planning Commission will go one way and the council will go another but the intensity of those, yeah there is complaints on especially on Highway 5 when you’re driving by and they’re very bright at night so we know the residents are sensitive to that so I appreciate that question. So to the comment that this has to be shut off between 6:00 and 10:00 that kind of helps mediate some of that. That’s all I had. Weick: Great, thank you. With that I would entertain a motion to adjourn. Chanhassen Planning Commission – February 18, 2020 8 Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CITY COUNCIL STAFF REPORT Monday, March 9, 2020 Subject Approve a Request for Sign Variances for the Existing Monument Sign Located at 306 West 78th Street (Chapel Hill) Section CONSENT AGENDA Item No: D.3. Prepared By MacKenzie Young­Walters, Associate Planner File No: Planning Case No. 2020­03 PROPOSED MOTION The Chanhassen City Council approves the variance request to allow a 6­foot high ground low­profile sign with 35.33 square feet of total display area, of which 16 square feet may be an electronic message center, subject to the Conditions of Approval, and adopts the attached Findings of Fact and Decision. Approval requires a Simple Majority Vote of members present. SUMMARY The applicant is requesting a variance to allow for a 6­foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center (EMC). The city’s sign code would allow for a 5­foot high ground low­profile sign with 24 square feet of sign display area, 12 square feet of which could be an EMC. The existing ground low profile sign and EMC meet the requirements of the city’s sign code. BACKGROUND On July 7, 2006, a permit was issued for the existing monument sign and EMC. On February 18, 2020, the Planning Commission held a public hearing on this variance request. One email (attached) expressing concern was received; however, no members of the public spoke at the public hearing. After asking questions clarifying the extent of the variance being requested, confirming that the sign would not be visible from residential properties, and confirming that the sign would be subject to the general EMC ordinance, the Planning Commission voted unanimously to recommend approval of the variance. DISCUSSION The proposed monument sign would require a one­foot height variance and an 11.33 square­foot display area variance. While the proposed sign is larger than what the ordinance allows, the unique nature of the applicant’s use requires a larger EMC component than would ordinarily be allowed. The proposed variance is the minimum required to provide an adequate EMC display area, and is not a significant departure from the ordinance’s standards. The proposed sign does not pose a safety risk. For these reasons, staff is recommending that the City Council approve the requested sign variance. CITY COUNCIL STAFF REPORTMonday, March 9, 2020SubjectApprove a Request for Sign Variances for the Existing Monument Sign Located at 306 West78th Street (Chapel Hill)Section CONSENT AGENDA Item No: D.3.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2020­03PROPOSED MOTIONThe Chanhassen City Council approves the variance request to allow a 6­foot high ground low­profile sign with35.33 square feet of total display area, of which 16 square feet may be an electronic message center, subject to theConditions of Approval, and adopts the attached Findings of Fact and Decision.Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting a variance to allow for a 6­foot high ground low profile sign with 35.33 square feet of signdisplay area, 16 square feet of which will be an electronic message center (EMC). The city’s sign code would allowfor a 5­foot high ground low­profile sign with 24 square feet of sign display area, 12 square feet of which could be anEMC. The existing ground low profile sign and EMC meet the requirements of the city’s sign code.BACKGROUNDOn July 7, 2006, a permit was issued for the existing monument sign and EMC.On February 18, 2020, the Planning Commission held a public hearing on this variance request. One email (attached)expressing concern was received; however, no members of the public spoke at the public hearing. After askingquestions clarifying the extent of the variance being requested, confirming that the sign would not be visible fromresidential properties, and confirming that the sign would be subject to the general EMC ordinance, the PlanningCommission voted unanimously to recommend approval of the variance.DISCUSSIONThe proposed monument sign would require a one­foot height variance and an 11.33 square­foot display areavariance. While the proposed sign is larger than what the ordinance allows, the unique nature of the applicant’s userequires a larger EMC component than would ordinarily be allowed. The proposed variance is the minimum requiredto provide an adequate EMC display area, and is not a significant departure from the ordinance’s standards. Theproposed sign does not pose a safety risk. For these reasons, staff is recommending that the City Council approve the requested sign variance. A full discussion of the variance request can be found in the attached staff report. RECOMMENDATION Staff recommends that the City Council approve the variance request to allow a 6­foot­high ground low­profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the Conditions of Approval and adopt the attached Findings of Fact and Decision. ATTACHMENTS: Staff Report Findings of Fact (Approval ­ Signed) Findings of Fact (Denial) Development Review Application Affidavit of Mailing Variance Document Exhibit A Letter from Daniel & Jeanne Burke CITY OF CHANHASSEN PC DATE: February 18, 2020 CC DATE: March 9, 2020 REVIEW DEADLINE: March 17, 2020 CASE #: 2020-03 BY: MacKenzie Young-Walters SUMMARY OF REQUEST: The applicant is requesting a variance to allow for a 6-foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center (EMC). The city’s sign code would allow for a 5-foot high ground low profile sign with 24 square feet of sign display area, 12 square feet of which could be an EMC. The existing ground low profile sign and EMC meet the requirements of the city’s sign code. LOCATION: 306 W. 78th Street APPLICANT: Ben James Blue Label Creative 2460 Galpin Ct. #120 Chanhassen, MN 55317 OWNER: Chapel Hill Academy Kassie Grosz 306 W. 78th Street Chanhassen, MN 55317 PRESENT ZONING: OI 2030 LAND USE PLAN: Public Semi Public ACREAGE: 4.84 acres DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: 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 standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the variance request to allow a 6- foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision.” (Note: A motion for denial and appropriate findings of fact are also included at the end of the report.) Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 2 PROPOSAL/SUMMARY The applicant is requesting a variance to increase the height of their existing sign to six feet, a 1- foot variance, and increase the sign’s display to 35.33 square feet, a 11.33 square foot variance, to accommodate a larger EMC panel. The applicant had initially approached staff with a proposal for an 8-foot high sign with 48 square feet of display area; however, after staff expressed concern with the extent of the proposed height variance, the applicant revised their request to minimize the extent of the requested variance. The applicant is proposing to use the existing sign’s base so the location of the sign would not change. The applicant is requesting the variance because they feel that the size of the sign’s existing EMC panel does not allow them to effectively advertise the various activities that are held at their facility. For example, weekend religious services are held on the property and they have found that the existing EMC does not allow them to effectively convey the name, date, and time of services. As a result, they are required to use banners and other temporary signage to advertise the services. In addition to these secondary uses of the facility, Chapel Hill Academy also hosts numerous after-school meetings, programs, and athletic events, all of which would benefit from additional visibility. The applicant believes that a more flexible advertising space is necessary to promote these events. The applicant has noted that the OI zoning district does allow public/community signs on property owned or leased by a governmental agency to be up to 8 feet high with 120 square feet of display area, 40 square feet of which may be an EMC. These signs are significantly larger than what they are requesting, and they feel that as a private school they have very similar needs to public school in terms of having a large enough EMC display area to advertise extracurricular events and after hours meetings. Existing Sign Proposed Sign Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 3 APPLICABLE REGULATIONS Chapter 1, General Provisions Section 1-2, Rules of Construction and Definitions Chapter 20, Article XXVI, Division 1, Generally Section 20-1253, Variances Chapter 20, Article XXVI, Division 1, Generally Section 20-1265, General Location Restrictions Chapter 20, Article XXVI, Division 1, Generally Section 20-1267, Uniformity of Construction, design, etc. Chapter 20, Article XXVI, Division 1, Generally Section 20-1276, Electronic Message Center Signs Chapter 20, Article XXVI, Division 2, Signs Allowed in Specific Districts by Permit Section 20-1302, Neighborhood business, fringe business and office and institutional districts BACKGROUND On July 7, 2006, a permit was issued for the existing monument sign and EMC. SITE CONDITIONS The property is zoned Office Institutional District (OI). The parcel has an area of 4.84 acres with frontage along W. 78th Street, Great Plains Boulevard, and Frontier Trail. There is a 5-foot high ground low profile sign with 24 square feet of display area, 9.5 square feet of which is an EMC, along the W. 78th Street frontage. The principal building also has a 12.2 square foot wall sign on the western elevation and a 41.625 square foot wall sign on the southern elevation. NEIGHBORHOOD Surrounding Land Use: Chapel Hill Academy is located on the eastern edge of downtown and serves as a transition between downtown’s commercial uses and the single-family residential neighborhoods to the east. The properties to the north and east are zoned Single-Family Residential District (RSF). The properties to the south are zoned Agricultural Estate District (A2), Office Institutional District (OI), and Central Business District (CBD). The properties to the west are zoned CBD, OI, and High Density Residential District (R12). Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 4 Sign Variances within 500 feet: 400-416 W. 78th Street: Monument sign within the lot’s 10-foot setback and wall sign along the east façade. Non-conforming signs within 500 feet: Chan Prairie Laundry Center located at 7720 Great Plains Boulevard has a pylon sign that does not conform to the current ordinance. RELEVANT SIGN CODE Detached Signs in OI District Ground Low Profile Business Signs User # of Signs Height Display Area Business/Institutional Sign 1 5’ 24 sq. ft. Governmental Unit 1 per frontage 8’ 120 sq. ft. Note: EMCs are allowed for both types of signs; however, EMCs on signs owned by governmental units are limited to 40 square feet in size. Electronic Message Centers EMC Maximum Display Area Table Sign Display Area (square feet) EMC Display 0-24 50% 25-64 45% 65-80 40% • May not be located within 50 feet of a street intersection. • May not be located within 125 feet of a residential district. • Use of EMCs within 500 feet of single-family residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Note: This is a partial list of standards. Additional provisions govern brightness, glare, distracting images, and other similar issues that can arise with the use of EMCs. ANALYSIS The City Code states that sign variances may only be granted if “it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause hardship; provided that the variance may be granted only if the variance does not adversely affect the spirit or intent of this article.” In this case, the site is flat with good visibility from W. 78th Street Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 5 so topography cannot be used to justify granting a variance; however, the city could find that Chapel Hill Academy’s institutional nature creates a need for flexible advertising space beyond what is permitted by the ordinance that constitutes “other conditions” creating a hardship. As was noted earlier in the report, the OI district does allow governmental entities to erect ground low profile signs that are up to 8 feet high with a maximum sign display area of 120 square feet, 40 square feet of which can be an EMC. While Chapel Hill Academy, as a private entity, is not entitled to this larger category of signage, its large number of activities throughout the year and the facility’s use by multiple entities gives it a use profile similar to that of a public building. This need to inform people about the time and location of various activities throughout the week necessitates some form of changeable signage and the applicant has stated that the existing 9.5 square feet of display area does not allow them to effectively convey this information. Staff believes that the requested 35.33 square feet of display area, 16 square feet of which will be an EMC, represents a good faith effort by the applicant to request the minimum variance needed to remedy their hardship. The requested increase in sign height stems from the prefabricated nature of EMC displays. The applicant has stated that the 16 square foot EMC would come in an 8-foot by 2-foot panel and its 10-inch increase in height over the existing EMC required them to request a 1-foot height variance. While the city could require the applicant to reduce the height of the static display portion of the sign, bringing it into compliance with the ordinance would leave the applicant with only a 17-inch high cabinet to display their name and logo. This alteration would also require the applicant to request a 14.26 percent variance from the city’s maximum EMC display area ratio, as the EMC would then be 59.26 percent of the sign’s display area. Staff believes that maintaining the intended ratio between static and EMC display area on ground low profile signs and allowing the applicant adequate static display area is of greater importance than preventing a relatively minor increase in sign height. It should be noted that the applicant’s proposal does slightly exceed the permitted EMC display area ratio with the EMC being 45.28 percent of the sign’s display area. Given the standardized size of EMC displays, the applicant would have to significantly reduce the size of the EMC display to bring the sign under the City Code’s 45 percent limit. Staff does not believe that .28 percent or .11 square feet of display area represents a substantive departure from city standards. In addition to satisfying the hardship requirement, the city must also find that the applicant’s proposal does not adversely affect the spirt or intent of the city’s sign ordinance. The OI district’s limits on ground low profile sign height and display area was intended to prevent the placement of large commercial or advertising signs within a zoning district that is often located near residential uses. The location and orientation of Chapel Hill Academy’s sign means that it is not visible from Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 6 any of the nearby residential properties and the site’s location at the edge of the CBD means that commercial scale signage is already present in the area. Additionally, the OI district allows signs owned by government entities within this district to exceed the limits imposed on private signs in an acknowledgement that some institutional uses would require larger signage. While there are good reasons not to allow all institutional uses with the OI district signage on this scale, Chapel Hill Academy’s use as a private school is a unique one that has similar signage requirements to a public school. For this reason, staff believes granting a variance for a modest increase in sign display area and height would not be inconsistent with the intent of the ordinance. Finally, the sign ordinance is intended to ensure that signs do not create safety hazards. To date there have been no issues with the existing sign. Since the proposed sign will be in the same location and given the scale of the proposed height and size increase, there are no safety concerns associated with the requested variance. SUMMARY The proposed monument sign would require a 1 foot height variance and 11.33 square foot display area variance. While the proposed sign is larger than what the ordinance allows, the unique nature of the applicant’s use requires a larger EMC component than would ordinarily be allowed. The proposed variance is the minimum required to provide an adequate EMC display area, and is not a significant departure from the ordinance’s standards. The proposed sign does not pose a safety risk. For these reasons staff is recommending that the Planning Commission recommend the City Council approve the requested sign variance. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the variance request to allow a 6-foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the Conditions of Approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the city. 2. The Electronic Message Center (EMC) must comply with the city’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 45.29 percent. 3. The ground low profile sign must meet the city’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. Chanhassen Planning Commission Variance for Sign at 306 W. 78th Street February 18, 2020 Page 7 Should the Planning Commission recommend denial of the variance request, it is recommended that the Planning Commission adopt the following motion and attached Findings of Fact and Decision: “The Chanhassen Planning Commission recommends denial of the variance request to allow a 6- foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, and adopts the attached Findings of Fact and Decision. ATTACHMENTS 1. Findings of Fact and Decision Approval 2. Findings of Fact and Decision Denial 3. Development Review Application 4. Affidavit of Mailing of Public Hearing Notice 5. Variance 6. Exhibit A G:\PLAN\2020 Planning Cases\20-03 Chapel Hill 306 W. 78th Street Sign Variance\Staff Report Chapel Hill_PC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVED) IN RE: Application of Ben James on behalf of Chapel Hill Academy for sign variance to allow a 6-foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center(EMC). On February 18, 2020,the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed sign variance preceded by published and mailed notice. The Planning Commission makes the following: FINDINGS OF FACT 1. The property is currently zoned Office Institutional Distract(01). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is provided in Exhibit A. 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: As a private school, Chapel Hill Academy is a unique use within the community with a use profile similar to that of a public building. The frequent number of after school events, meetings, and weekend uses creates a need for a larger EMC than would ordinarily be permitted by City Code. Given this, requiring Chapel Hill Academy to meet the sign standards intended for other private institutional uses within the district would create a hardship. The City Code makes provisions for larger signage within the Office Institutional District for public uses, and Chapel Hill Academy's requested sign variance is significantly below this threshold. Since larger signs are already permitted in the area and the proposed sign will not pose a safety risk, the requested variance does not adversely affect the spirit or intent of the ordinance. 1 5. The planning report, Planning Case #20-03 dated February 18, 2020, prepared by MacKenzie Young-Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommends approval of the variance request to allow a 6-foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, and recommends the sign variance be subject to the following conditions: 1. The applicant must apply for and receive a sign permit from the city. 2. The Electronic Message Center(EMC) must comply with the city's Electronic Message Center Standards, save that it may have an EMC Display percentage of 45.29 percent. 3. The ground low profile sign must meet the city's design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. ADOPTED by the Chanhassen Planning Commission this 18`h day of February, 2020. CITY OF CHA HASSEN BY:A A, eve Weick, Ch.".. an 2 EXHIBIT A" LEGAL DESCRIPTION The following described real property located in the County of Carver. and State of Minnesota That part of the undesignated parcel as shown on the recorded plat of Si.Hubertus and that part of vacated Chan View formerly known as St.Clare Street as dedicated in said plat of St.Hubertus in the Southwest Quarter(tithe Southeast Quarter of Section 12.Township 116,Range 23.Carver County,Minnesota described as follows. Beginning at the intersection of the north lint of the South 33.00 feet of said Southwest Quarter of the Southeast Quarter and the east Zine of the West 33.00 feet of said Southwest Quarter of the Southeast Quarter;thence easterly along said north line of the South 33.00 feet to the west right of way line of Frontier Trail,formerly known as St.Francis Street as dedicated in said plat of St.Hubertus:thence northerly along said west right of way line to the south right of way line of vacated Chan View, formerly known as St.Clare Street as dedicated in said plat of St.Hubertus;thence westerly along said south right of way line a distance of 100.00 feet;thence northerly along a line perpendicular to said south right of way line a distance of 33.00 Leet to the centerline of said vacated Chan View; thence westerly along the centerline of said Chan View to the east line of the West 33.00 feet of said Southwest Quarter of the Southeast Quarter;thence southerly along said east line of said West 33,00 feet to the point of beginning. EXCEPT the parcel described as follows: Commencing at the southwest corner of Block I,St.I lubertus,as monumented by a 6 inch by 6 inch stone(marked Block Corner);thence westerly along the westerly extension of the south line of said Block 1,as monumented by 6 inch by 6 inch stones,to the point of intersection with the west right of way line of Frontier Trail,formerly known as St.Francis Street as dedicated in said plat of St.Hubertus.said intersection point being a point that is 28.28 feet north of the south line of the Southwest Quarter of the Southeast Quarter of Section 12,as n.easured at a right angle to said south line front a point on said south line distant 482.57 feet east of the southwest corner of the Southwest Quarter of the Southeast Quarter of Section 12;thence northerly along said west right of way line a distance of 367 00 feet to the point of beginning of the parcel to be described;thence westerly along a line perpendicular to said west right of way line a distance of 100.00 feet: thence northerly parallel to said west right of way line a distance of 99.17 feet to the south right of way line of vacated Chan View formerly known as St.Clare Street as dedicated in said plat of Si. Hubertus; thence easterly along said south right of way line of Frontier Trail; thence southerly along said west right of way line to the point of beginning. 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIED) IN RE: Application of Ben James on behalf of Chapel Hill Academy for sign variance to allow for a 6-foot high ground low profile sign with 35.33 square feet of sign display area, 16 square feet of which will be an electronic message center (EMC). On February 18, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed sign variance preceded by published and mailed notice, and recommended approval. On March 9, 2020, the Chanhassen City Council met at its regularly scheduled meeting to consider the proposed sign variance and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Office Institutional Distract (OI). 2. The property is guided by the Land Use Plan for Public Semi Public. 3. The legal description of the property is described in Exhibit A. 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 site is flat and there are no conditions on site that would create a hardship. The site currently has a sign and EMC that meets the requirements of City Code and provides them with the same height, display area, and EMC capacity as any other private institutional use in the city. Granting a variance to increase the sign’s size would not be in line with the ordinances intent of limiting the size of ground low profile signs and their associated EMC within the Office Institutional District. 5. The planning report, Planning Case #20-03 dated February 18, 2020, prepared by MacKenzie Young-Walters, is incorporated herein. 2 RECOMMENDATION The City Council denies the variance request to allow a 6-foot-high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center. ADOPTED by the Chanhassen City Council this 9th day of March, 2020. CITY OF CHANHASSEN BY: ___________________________________ COI UN]TY DEVELOPHENT DEPART ENT Planning Division - 7700 Market Boulevard Mailing Address - P-O. 8ox 147, Chanhassen, MN 55317 Phonet (952) 227-1300 lFax: (952\ 227-1,110 *cnYotculr{rrAssru APPLICATION FOR DEVELOPME REVIEW S$.nitlel Dele: I Lo rc Date:L CC Dare:z0 (Rerat lo lhe qprwido Apdkdb Ched<ld lq rcqutod elb/7,t4al hr'o|lmdtot l'r,af nus! @oryany thkt @pfr@tbn) E qomprehensive Plan Amendment......................... $600E Minor MUSA line for faiting on-site sewers..... $1OO E SubdMsion (SUB) D Create 3 lots or less E Creats ov6r 3 lots..-. .....$300 5 per lotE Conditional Use Permit (CUP) E Single-Family Residance .E ell otters......... ...............$600 + $1 $32s $425 tr D ( lots) Metes & Bounds (2 lots)..................................$300 Consolidate Lots . . .... ... ......... . 6l s0 E lnterim Use Permit (lUP) E ln conjunction with 6ingte-Famity ResU€nce.. $32SLl AllOhers......... ............ .... $42 s trtr Lot Line Adjustment..$rs0 Final P|at........................ s700 E Razoning (REZ) (lncludes S4"5O escrow for attorney costs). 'Addlio.ul ssclorv msy ba .Bqlitrd tur o0|€ applcalio€ lhough I|. dardop.norf contraat E Vacation of Easomsnts/Righr-of{ray (VAC)........ $30O( ddfiio.El r!co.dh0 ft.s fttay 4dy) ! Vadance ryan)....................................................0200 trtrtr Planned Unit Development (PUD).... Minor Amendment t. *l"ti"s pUb .........,,..,.. $7s0 $100 $s00All Others E Sign ptan Review................................................... Sl SO ! W€tland Alteratjon Permittr (wAP) E Site Plan Review ( f| Adminisratue SPR)Single Family Residence .. $150 ..s275...... $ 100 All Others...... ! Commsrciaulndustial Districts....................... $SOO Plus $10 p€r 1,000 square feet ot building area:( lhousand square fe€t) 'kEfrde ,rrnber olglghg crnpbt!6: _ E Zoning App€al. -................... $tOO E Zoning Ordinanc€ Arnendment (ZOA)....-........... S5OO IIQIE: Wh.i lrrllthh ?plc.ttoo. -. Foc....d cor.urrq y,Itr .ppF9.h.lb. drdl b. .fi.r!.d tor..cfi +patc.doo. 'lrrctie number of @ly omployees D Residenthl Disldcts ..........$500 Pk s $5 per (hvslling unit ( units) ft f.fainca$on Siqn (ciry to instet dro r€mo,r)$200 EI Property Owners' List within 5OO' (O'ty !o g.i.r.tG !ff.r pr6-.pcIc.tbn nEdhg)$3 per address d Escrow for Recording Documents (check a lhatE Conditional Use Permit E Vacation E Metes & Bounds Subdivision (3 docs.) !!![ addresses) applv).......................... E- tnterim Use Permit EF variance tr $50 per document Site Plan Agreement I Easements (_ easements) tr!Wetland Alteration Permit Deeds L,ooTOTAL FEE: Doscription of Proposal: Prop€rty Address or Location:9oc.vJ. za>(\pn-f Parcel #:1505 ro Legal Descriptlon: Wellands Prasent? E Ves E HoTotal Acreage: P16sent Zoning . Select One Rsquastad Zoning . Select One Present Land Use Desig nation. Select One Requested Land Use Designation . Sol8ct One Existing Use of Property: Ecnecf Oox tt separate narrative is attached. a Section 1: Application Type (check alt that apply) Section 2: Required lnformataon s 60-Day Review Dale:,I erty Owner and Applicant InformatiorSection 3: Prop APPLICANT OTHER THAN PROPERTY OWNER: ln signing lhis appllcation, l, as applicsnl' represent to have obtainod authorization from th" prop.rty o*,n* io ife itris apptication. iagree i6 Oe OounO by conditions.of apptoval, subiect only to ir," ,ight to ouj""t "t ttri rriarings on'ine application or ouAng thi appeat perlod. tf.thi: "tp]i1T,1l"-t-not b€€n shnod bv il; ;#rty ffi;;, r nare atritreo separaie documenutb; d tull-li:gal capacity to file lhe applicatlon. This.application should be procsss6O tn my name andi", th" p"rty *tro, the City should contact rogarding any mattor perlaining to this ;;;x;td": i witr reep mysett inlomeo of ths d'eaoiines for submiision of mata]ial and tho progress of this appllcatlon' I iiir,"ir"o..t""a tfrjt a6omnaf fees maioe ctrarged tor consulting fees, feasibility studiss, etc. with 8n estimato prior to "ii ,-rrttirilti""i" pro"""o mr, ur" "rroi. r""rtdtt"ttt" infomalbn and exhibits 6ubmttted are true and conect' oD vue t&v 7 Pgfit,{{Contact:6N dft11Name: ?lbo 6kL ti i1 ZO PlttfiB: Csll: Fari Date qi 2 - 3oo- o/{f /-2/-20Signature: PROPERTY ER:ln signing lhis applicatlon, I , as propsrty ownor, have full leg at copaclty to, and hereby do' authorize the filing oflhis applicadon. I understand thal conditions of approval are binding and agrse to be bound bY lhose conditions, subject only to the rig ht to object at the headngs or during the app€al Periods.I will ksep mysef intormod of the deadlines for subm ission of material and the progress of thls application. I further understand that additional feos maY b€ charged for consultirE feos, feasibility studlss, etc. with an estimale prior to any sutholizallon to procssd with the study. lcertify the information and ixhibits submitted are true and coneci. -) Name A5&1 ?-t-Contact . P]r,ne q.<t-q4q-?b/ { ev. /ob Cell: Address: City/Statezip:/ Email:Fax; Date I -)t ) Signature: Contacl: Phone: @ll: Fax: Who should rocelvs coploa of 3tafi reports?'Other Contacl lnformetlon: Namg: Addrsss:#ropery EIlAppticantE Engineer D ouer owner via: {EYratt E Ma: El€mail E Vra: D Email Tl Mailed Paper CoPy Mailed Paper CoPy Mailed Paper CoPY citylstalezip: Email:via: El Email E Maihd PaPer coPY aoolication shall bs made within 15 business days of application submittal- A siliiG mairea to the applicsnt wihin 't5 business days of application'A determination of complstenoss of the ffitten notice of aPdication defici€ncies iredUinformationreq byplansallbetu[mand ust byaccompani€dstmuThisapdication thetorefaronicati appropriatefithisBeforeingapplrsronsOrdinanceprovCityapplicableandordinanc€proceduraltheapplicablsdeterminetospecificDepartmentnningand confer with the Pla roqulrements and ,ees. INSTR UCTIONS TO APP LICANT : Complets allnecessary form ffelds, to city along with ]equired documents thsn solect SAVE FORM to sav6 a copy to your and pafnent. SUBMIf FORM to sond a digital device.and deliver SAVE FORTT SUBMIT FORYcopy to the city for Processing Address: Clty/Statezlp: c ll *tJ tk+g ({'p ,t4 ,v iS3 I 7 emait b.rrQ blu-[abl creol' vu . zn". PROJE6 ENGINEER (if aPpli6ble) Nam€: Addrass: CityEtateZiP: Emall: and ChecklistApdicalion Section 4: Notification lnformation PRINT FORU CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ( ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on February 6,2020, the duly qualified and acting Deputy Clerk ofthe City ofChanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice of Public hearing to consider sign variences for the existing monument sign located at 306 W. 78tb Street (Chapel Hilt); Zoned Ofiice Institutionat District (OI), Planning Case File No. 2020- 03 to the persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. vw( Subscribed and thisL6 day o to before me f L 2020. (Seal) 4v\Notary Public -T rt*t retrtt!.ea MihryPtdo.illrt$ Subject Area DbcldnBt ThE map is neitmr a bgally Ecorded n€p nor a girvey and i8 not anGnded lo b€ used as one. Thls riap is a compihtion of recads. info.matioo and data located in vafuus cjty. county, state arld fodeaal ofices and other sources rcoading the area shown, and is lo be used br relbEnce puDooes only The City does nol $anait that the Geooraphic lniofination syslem (Gls) Data used to Fepare thas map are enor free, a.tr lhe city does not rep.esent that the GIS Oata can be us€d for navroatonal, faal(ing or any other purpos€ requirino exacbng measuEmenl of distance or diredion or precjsion in lhe dedction of Oeographic feat,re3- The p,eceding disalaamer it Povided puEuant to Minne.ota St.Me€ S,t66.03. Subd. 21 (2000), .nd the us$ of this map actnowledges that the City shall not be liaue fo( any alama06. and expre3sly waives all daims, and agrees to (bl€nd, indernn y, and hold hamless the City from any and alldaims brcught by Uier. ils employees or agenls. or thid panies whiah aise out of the use/s acc6s or use ot clata provided. <TAX_NAMET ITAX_ADD_L1> (TAX ADD L2) Subiect Aaea Dlcl.lmer This map is neither a leoally recorded mep nor a sudey and is nol intended to be used as ona. This map is a compilaton of records. anfo.rnato.r and data located in vadoirs crty. county, sble and tede6l olrces and other sources reg6rding th€ aree shown. and is lo be used br rebrence purpos€s only. The Cily does r|ot warant lhat the Geooraphic lnfurmation System (GlS) Oata (l3ed to p.epare this map are enor free. and the City does nol aepaes€nt that trE GIS Oata can be used fo. naMgafDnal. t_acking o. any olher purpoGe requidng exactng meaauemgnt of dbtance or direclioi or preosron in the deliclion of geo06phic Gatures. The preceding aligdaimer is provid€d puGuant to Manneroia Sletles S,t66.03, Subd. 21 (2000), and the user of this map aclnorvledgtss Slat the City shall not be liaue ,or any damag€s, and expre'$ly waives all daim3, and aorees to debnd, indemnify, and hold hamless the cily from any and all claims b.orrght by User, ib employ€es or agents. or f\id panbs vrhicfi aise out ol ihe user's acc*s or use of data p@vided. 1 t t t \ iail: i I Ii "i JI I I l i I i-r ,trt; .I rNext RecordrITAX_NAMET ITAX_ADD_Llr ITAX_ADD_L2r, j i-l I t I I .:EA !\ iii::I J n "r . t_l al,: ir, ! E _a F E ci,o9t- ooNoN ao -(g f -o o) LL joE ofF p o E I a; ,E ,E -q o2!0 o o =ooF. 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(n..1 o N O O O rn O.! -r O.{.n o o o.\r o <t o o !t o o o o o o o o o o o \o o o o o Qa\r o o o a{ o.{ <l o.\r <t o <) (, o o o o rn (l o m o (n o F or.r rn rn rn r-{ (n .{ @ ra t-r 6 rn I/) rn rn rn rn tn o o vt !.1 vl !.1 ul()orno fyl m m o (n o.\r (n 0 (\r o o o o o o o (o ro o o o o rYt a.r oul l,r rn r^ rn ra rn .n rn .a u) r^ rn r/) r/r rn vt rn vl v) vl ra ul .n Lr) rn r^.!.{ N'{'{'{'{ N N N N N N N'{'{ N N N N N N N'TI'{'! N 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 2020-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves the variance request to allow a 6-foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an Electronic Message Center (EMC). 2. Property. The variance is for properties situated in the City of Chanhassen, Carver County, Minnesota, and legally described in Exhibit A. 3. Condition. The variance approval is subject to the following conditions: 1. The applicant must apply for and receive a sign permit from the city. 2. The EMC must comply with the city’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 45.29 percent. 3. The ground low profile sign must meet the city’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: March 9, 2020