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HomeMy WebLinkAbout7.a. Bay & Bay Transfer Sign Variance AppealCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: August 7, 2001 AGENDA ITEM: Appeal of Board of Appeals decision: Bay & AGENDA SECTION: Bay Transfer Variance for sign at 3686 140 Public Hearing Street East PREPARED BY: Rick Pearson, City Planner AGENDA ATTACHMENTS: Board of Appeals & Adjustments summary and APPROVED BY: minutes (6- 12 -01), Correspondence & Map Appellant: Sam Anderson of Bay & Bay Transfer Location: East side of Conley Avenue between 140 Street East and north of CSAH 42 Property Owner(s): Sam Anderson, Bay & Bay Transfer Comp. Guide Plan Desig: Mixed Use Industrial Current Zoning: General Industrial Variance as requested: Requested Sign Dimension Ordinance Standard Variance 40 ft sign height (overall) 20 ft. height* 20 ft. 150 sq. ft. area 100 sq. ft. 50 sq. ft. * Measured from street elevation SUMMARY This public hearing was scheduled to hear an appeal by Sam Anderson, of Bay & Bay Transfer regarding the Board of Appeals & Adjustments decision to deny a variance to sign height and area standards in the General Industrial District, which occurred on June 12, 2001. BACKGROUND Mr. Lawrance applied for a sign variance on behalf of Bay & Bay Transfer that would result in a 150 sq. ft. sign with a height of 40 ft. The proposed area is 1.5 times the allowable area and double the permitted height. The variance request was based upon limited visibility from US 52. PLANNING COMMISSION/BOARD OF APPEALS & ADJUSTMENTS ACTION The Board of Appeals & Adjustments adopted a motion to deny the variance. The arguments presented by the applicant were based upon economic considerations rather than the physical relationship of the Bay & Bay Transfer site from U.S. 52. No additional information has been presented that would change the original staff recommendation in support of denial of the variance request. RECOMMENDED ACTION: Motion to uphold the decision of the Board of Appeals & Adjustments CITY COUNCIL ACTION: Planning Commission Regular Meeting Minutes June 12, 2001 Page 6 DK/AFT ig the public hearing on Ames Construction/Furlong Mineral Extraction Permit on file with the City. Mr. Pea on summarized the mining activity at the Tom Furlong site. A correction was made to st s report changing the reported 224,022 cubic,yards removed from the pit area to 5,000 �bic yards. Extensive mining has taken &(ce in Nininger Township in connection with`tke golf course under construction. Amounts from that mining operation were erroneously included in the Furlong amounts..No changes to the permit are requested. Vice - Chairperson Weisensel opened the meeting to the applicant. Shawn Dahl, representing Ames Construction, described the extent of the mining activity of hauling sand across the street to the L-olf'course. Vice - Chairperson Weisensel open the public hearing. There were no comments. MOTION by Arveson to close the public hearing. Seconded by Carr. Ayes: Carr, Weisensel, and Arveson. Nays: 0. Motion carried. MOTION by Carr/too r ecommend that the City Council approve the mineral extraction permit renewai�or Tom Furlong for the 2001 season subject to the attached recommended conditions of operation. Seconded by Arveson. Ayes: Weisensel, Arvesoadd Carr. Nays: 0. Motion carried. l � Vice Chairperson recessed the regular Planning Commission meeting and opened the Board of Appeals & Adjustments. Public Hearing: Bay & Bay Transfer - Variance for Sign Vice - Chairperson Weisensel confirmed that the recording secretary has placed the Affidavit of Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning the public hearing on Bay & Bay Transfer request for a sign variance on file with the City. Mr. Pearson presented the request by Bay & Bay Transfer for a variance from sign standards, allowing a sign 40' high and 150 sq.ft. in area. The ordinance allows a sign 20' in height and 100 sq.ft. in area. Bay & Bay is located on Conley Avenue east of Hwy. 52 and claims that signage allowed by the zoning ordinance is not sufficient to allow visibility from Hwy. 52. Vice - Chairperson Weisensel opened the meeting to the applicant. Sam Anderson, Bay & Bay Transfer, provided a history of his family's business. Planning Commission Regular Meeting Minutes June 12, 2001 Page 7 S S,! 6 T Mike Lawrance, Signcrafters, summarized circumstances that meet the hardship criteria necessary for the granting of a variance, including an equitable opportunity, to advertise, exceptional circumstances unique to the site, and deprivation of the use and enjoyment of the property. Because Bay & Bay Transfer is not visible from Hwy. 52 due to distance from Hwy. 52, grading, and the Wayne Transport facility, it requires a larger sign. Vice - Chairperson Weisensel opened the public hearing. There were no comments. MOTION by Carr to close the public hearing. Seconded by Arveson. Ayes: Arveson, Carr, and Weisensel. Nays: 0. Motion carried. Commissioner Carr viewed the subject site and indicated that visibility of Bay & Bay is blocked by Wayne Transport. She supported their need for a larger sign. Vice - Chairperson Weisensel did not feel Bay & Bay had met the hardship burden. Although he had no objection to a larger sign, it is prohibited by ordinance. Weisensel recommended that the City Council give consideration to amending the current sign ordinance as it pertains to properties along the Hwy. 52 corridor. MOTION by Weisensel to deny the variance for sign height and area requested by Bay & Bay Transfer because of the inability to meet the hardship finding required in Section 14.2 of the Zoning Ordinance. Seconded by Arveson. Ayes: Weisensel and Arveson. Nays: Carr. Motion carried. Vice - Chairperson Weisensel closed the Board of Appeals & Adjustments and reconvened the regular Planning Commission meeting. Old Business: None New Business: None Director's Report: None. There being no further business to come before this Commission, upon MOTION by Weisensel and upon unanimous decision, the meeting was adjourned at 8:30 p.m. Respectfully submitted, Dianne G. Quinnell Recording Secretary CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION Planning Commission Meeting Date: June 12, 2001 AGENDA ITEM: Bay & Bay Transfer Variance for Sign at 3686 AGENDA SECTION: 140 Street East Public Hearing PREPARED BY: Rick Pearson, City Planner AGENDA NO. ATTACHMENTS: Sign diagrams, site plan, Correspondence, APPROVED BY: Required findings for Variance Applicant: Location: Property Owner(s): Comp. Guide Plan Desig Current Zoning: Mike Lawrance of Signcrafters 3686 140 Street East Bay & Bay Transfer Mixed Use Industrial General Industrial Nature of Request: Requested Sign Dimension Dimension Standard Variance 40 ft. sign height (overall) 20 ft. height* 20 ft. 150 sq. feet area 100 sq. ft. _ 50 sq. ft. SUMMARY Bay & Bay Transfer is a motor freight terminal and maintenance facility in the General Industrial District. They also lease space to small owner- operators which gives the use a commercial aspect. This request for a sign variance would result in a sign that is double the normal height and 1.5 times the normally allowed area. Their concern is that the signage allowed by the zoning ordinance does not provide sufficient visibility from U.S. 52. The proposed location for the sign is approximately 500 feet east of U.S. 52, half of a mile north of the overpass at CSAH 42. Sign variances are comparatively rare, it is usually difficult to meet the hardship criteria. Previously granted sign variances occurred via the PUD procedure. 1. Rosemount Market Square is 150 sq. ft. and 30 ft. in height. It is a landmark for the overall development that includes a clock. It has no specific advertising that exceeds the standards. 2. Chippendale 42/ Partnership /Cub Foods sign is 275 sq. ft. in area. As a concession, it is 17 ft. in height (from the CSAH 42 centerline). There is a similar sign approved for the northeast corner of 151 Street and Crestone Avenue. The remaining signs on the other blocks are 12 ft. tall monuments of 100 sq. ft. area. Staff is of the opinion that the lack of other signs in the area means that there will be little "visual competition ". Unless there are visual obstructions such as trees, buildings or land forms which block the view from the highway, it is difficult to apply the hardship criteria to the variance request. The Commissioners will find the applicant's arguments for hardship in his attached letter. RECOMMENDED ACTION: Motion to deny the variance for sign height and area requested by Bay & Bay Transfer because of the inability to meet the hardship finding s required in Section 14.2 of the Zoning Ordinance PLANNING COMMISSION ACTION: 5111101 Rick Pearson City of Rosemount Rick, Bay & Bay transfer is seeking a variance in the sign ordinance, section F 1, page 175. The ordinance allows for 100 square feet and 20' over all height. We are proposing a 150 square foot sign at 40' over all height. We feel this is a valid request based on the following hardships and facts. The application process clearly states that 5 separate issues must be addressed. Listed below are our answers to these questions. A. The granting of this variance will not be detrimental in any way to the public health, welfare, or safety of the property or improvements in the neighborhood. The sign will be located on the corner of the property closet to Highway 52 where there are no other buildings or developed property. B. Strict interpretation of this ordinance will create a particular difficulty, and unnecessary hardship due to the location of the property and its proximity to highway 52. The first intent of the ordinance is to provide a reasonable and equitable opportunity to advertise. Since a competitor of Bay & Bay is in the same industrial park and they happen to be closer to highway 52 they can have an effective sign that is within the guidelines of this ordinance. They only way to maintain an equitable position for Bay & Bay is to allow them a larger sign. Then they would have a similar impact to the traffic on highway 52. The second purpose of the ordinance is to allow for effective identification, advertising and communication, A sign that would meet the guidelines of the ordinance would have.lettering that would not be clearly read from highway 52, and at times would not be seen due to the grade of the land. Therefore a sign that met the guidelines of the ordinance would not meet the intended purpose of the ordinance. The only way to meet the intended purpose would be to grant the variance. The sixth purpose of the sign ordinance is to prevent the signs installed in your community from having a detrimental effect on the safety of the vehicular movement. A sign that meets the ordinance and is positioned so far from highway 52 is basically unreadable, and may create a safety hazard as curious drivers slow down, possibly below the posted minimum speed, in an attempt to read the sign. the only way to eliminate this is to grant the variance. C. Other properties in the same district may not have the distance from the main flow of traffic past their business that Bay & Bay does. This creates an exceptional circumstance, which would allow for the granting of this variance request. D. Strict interpretation of the ordinance would deprive Bay & Bay the use and enjoyment of their property due to distance from highway 52. Other property owners in this development do not have this situation. E. Granting of this variance would not allow a use that is not otherwise permitted. It would only allow a larger sign than is currently allowed. The sign that we are proposing has a unique oval shape and a very clean, easy to read face. This design will enhance the property on which it is installed and will not in way harm the aesthetic quality of its environment. We feel that for the reasons listed above the variance should be granted and a permit issued. Thank you very much for your consideration. 7775 MAIN STREET MINNEAPOLIS, MN 55432 (763) 571 -2995p (763) 571 -3588f E -Mail: Signcrafters @SCOUTDOOR.com FINDINGS The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows in the granting of a variance from this ordinance: 1. Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. 2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide Plan. 3. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district. 4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other owners in the same district. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. : gdeJ6010Ud !ePaV L00Z/oL /4 :pelepdn slaoJed LOOZ'4 aunt :ele0 depy 'luawpedso uo!lewjo ;ul pue l pue Ranjng Ajuno0 eloye0 Peluoo aseeld 'puno; eie seiouedaroslp;! paweluoo u!ajay sepmnooeu! (ue jo; a!q!suodsai lou s! (luno0 elole0 Aluo sesodmd soueia;ej jo; pasn aq of s! pue 'umoys asie eyl Builaal}e'seomos jaylo pue seoq;o elels pue '6lunoo ' 4p snouen u! peleool elep pue uogeuuo ;u! 'spjooai ;o uopepdwoo a s! Bwmeip s!yl - auo se pasn eq of pepuaiu! lou s! pue tenjns a jou dew pepjooei Alle6al a jayl!eu s! 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Ir 44 TX. vz�,iw PROPERTY ID NUMBER: 34 -63950 -010 -02 FEE OWNER: FLEET DEV LLC COMMON NAME: FLEET PARKING & LOGISTICS ikC ARCH/STYLE 3686 140TH ST E FOUNDATION SO F1NOT APPL ROSEMOUNT MN 55068 -2746 PAYABLE 2001 TAXES BEDROOMS `ET TAX: 49,440.50 PECIAL ASSESSMENTS: 53,854.48 OTAL TAX & SA 103,294.98 PAYABLE 2002 ASMNT USAGE: COMMERCIAL- PREFERREu ATE: Dimensions rounded to nearest foot Copyright 2001, Dakota County - SITE MAP 2001 ESTIMATED MARKET VALUES (PAYABLE 2002) LAND: 313,700 LOT SIZE (EXCLUDES BUILDING: 901,600 ROAD EASEMENTS) TOTAL: 1,215,300 550,314 SQ FT SCHOOL DISTRICT: 196 12.63 ACRES LOCATION: NW1 /4 NW1 /4 SECTION 30- 115 -18 PAYABLE 2002 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: This drawing is neither a legally recorded map nor a survey a A is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, anc is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies 1,erein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. 2001 BUILDING INFORMATION (PAYABLE 2002) TYPE SERVC GAR YEAR BUILT 1998 ARCH/STYLE FOUNDATION SO F1NOT APPL FINISHED SQ FT 20208 BEDROOMS 0 BATHS 5 FRAME C- CONCRETE GARAGE SO FT 0 OTHER GARAGE MISC BLDG PLAT NAME: RICH VALLEY INDUSTRIAL PARK TAX DESCRIPTION: 1 2 Map Date: May 30, 2001 Parcels Updated: 5/10/2001 Aerial Photography: 1990 5961 (LS9) :xad • MB VMOO8 • LSOL - OBt (M) ;Vw4d 890M NW 'wnotLQG" . taang 4M*L 1se3 999E - 0&5 YQ8 aozppo�t�'�5 '�tt�ssaetcg -99[a Mz P=a aoAjt am iMao� is td •Jpan W9d awydwddt =qr 1g awVq Pit's r.Mt pCM w Mp 01241 xp 101 TJ3q3 c pa{ietn amq pat uavtfdtg saaaTMuaaa ua112w 331 sti (iou t3 alp oti ;sanbat 02uq= mo 3° [auap mp Itaddt ca wM ptroas ate, �d x in A.ra mo und -prif CITY OF ROSEMOU NT Everything's Coming Up Rosemount!! AFFIDAVIT OF POSTED PUBLIC HEARING NOTICE STATE OF MINNESOTA) COUNTY OF DAKOTA ) § CITY OF ROSEMOUNT ) I, Linda J. Jentink, being duly sworn, deposes and says: CITY HALL 2875 – 145th Street West — Rosemount, MN 55068.4997 Phone: 651-423-4411 Hearing Impaired 651- 423 -6219 Fax: 651- 423 -5203 I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On July 23rd, 2001, I posted at Rosemount City Hall, 2875 145 Street West, a copy of the attached Notice of Public Hearing to consider the Application for an Off -Sale 3.2% Malt Liquor License. Dated this 23rd day of July, 2001. Linda J. Jentink, ity erk City of Rosemount Dakota County, Minnesota ROSEMOUNT Everything's Coming Up Rosemount!! CITY OF ROSEMOUNT CITY HALL 2875 – 145th Street West — Rosemount, MN 55068.4997 Phone: 651- 423 -4411 Hearing Impaired 651. 423.6219 Fax: 651- 423 -5203 NOTICE OF PUBLIC HEARING Application for Off -Sale 3.2% Malt Liquor License NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing at 7:30 p.m. or as soon there after, on Tuesday, August 7, 2001, in the Rosemount Community Center, Banquet Room, 13885 South Robert Trail, Rosemount, Minnesota. This public hearing is being held to consider an application for an Off -Sale 3.2% Malt Liquor License by Super Value Holdings, Inc. for Cub Foods grocery store, located at 3784 150 Street West, Rosemount. Comments will be taken from persons desiring to be heard with reference to the above hearing item. Written comments will be accepted up to the time of the hearing and will be included in the discussion at this hearing. Dated this 23rd day of July, 2001. Linda Jentink, Ci lerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are available - Please contact the City Clerk at (651)322 -2003, or TDD N. (651)423 -6219, no later than August 1st, 2001 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. The Rosemount Town Pages AFFIDAVIT OF PUBLICATION Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stat- ed below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 • nd other applicably: laws, a ended. (B) The printed «�'C���_ which is attached, was cut from the columns of i newspaper, and was printed and published once each week for successive w ks• 't was first published on Friday, the -- - - - - -- Q day of 2001 and was thereafter printed and published on every Friday, to including Friday, the -_-------------- ------------------- — ----------------- _— day of 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: alxdefghijAlnmo;x {rsurvw•;} By: _ Subscribed and sworn to before me on this , day Notary Public AFFIDAVIT DAWN M SMITH NOTARY PUBLIC - MINNESOTA 6My Commission Expires Jan. 31, 2005 CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING Application for Off -Sale 3.2% Malt Liquor License NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount will conduct a public hearing at 7:30 p.m. or as soon there after, on Tuesday, August 7, 2001, in the Rosemount Community Center, Banquet Room, 13885 South Robert Trail, Rosemount, Minnesota. This public hearing is being held to consider an application for an Off -Sale 3.2% Malt Liquor License by Super Value Holdings, Inc. for Cub Foods grocery store;laiatid at 3784 150th Street West, Rosemount. Conunents will be taken from persons desiring to be heard with reference to die above hearing item. Written comments will be accepted up to the time of the hearing and will be included in the discussion at this hearing. Dated this 23rd day of July, 2001 Linda Jentinnk, City Clerk City of Rosemount Dakota County, Minnesota Auxiliary aids and services are uvailable - Please contact the City Clerk at (651)322 -2003, or TDD N. (651)423- 6219, no later than August 1st, 2001 to make a request Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 7/27