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.
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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
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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