HomeMy WebLinkAbout12.D.1. Appeal of the Board of Adjustment and Appeals Determination for Furniture Outlets USA-Res. No. 6350
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-008
TO: Mayor and City Council
Mark McNeill, City Administrator
. FROM: Mark Noble, Planner I
RE: Appeal of the Board of Adjustment and Appeals Determination on a
Variance for Furniture Outlets USA at 4250 lih Avenue East
DATE: January 3,2006
INTRODUCTION
Furniture Outlets USA has filed an appeal ofthe Board of Adjustment and Appeals (BOAA)
decision concerning a Variance to allow a second monument sign on 12th A venue East, where
only one sign is allowed.
The Board of Adjustment and Appeals held a public hearing on the Variance request at its
December 8, 2005 meeting, and by a 5-0 vote, the Board denied the request. The Board
determined that the request did not meet all of the criteria required for granting the Variance, and
that there were several options available for the applicant to pursue that would adequately
advertise their business and would be consistent with the City Code regulations.
On December 20th the City Council voted 5-0 to uphold the determination of the Board of
Adjustment and Appeals regarding the sign variance for property at 4250 12th Avenue East, and
directed staff to prepare a resolution consistent with their vote for review at their January 3rd
meeting.
ALTERNATIVES
1. Approve Resolution No. 6350, a resolution upholding the determination of the Board of
Adjustment and Appeals.
2. Uphold the appeal of the applicant, thereby granting the requested sign variance, and
direct staff to prepare a resolution for the Council's consent agenda that is consistent with
that decision.
3. Table action on the appeal for additional information.
ACTION REOUESTED
Offer a motion approving R~Bolution No. 6350, and; move its adoption.
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Malek No
Planner I
g: \cc\2006\0 1-03 \appealfurnitureoutletsvariance.doc
RESOLUTION NO. 6350
A RESOLUTION OF THE CITY OF SHAKOPEE UPHOLDING THE BOARD OF
ADJUSTMENT AND APPEALS DETERMINATION REGARDING
A SIGN VARIANCE FOR PROPERTY AT 4250 12TH A VENUE EAST
WHEREAS, Furniture Outlets USA, applicant and property owner, has filed an
application for an appeal of a determination by the Board of Adjustment and Appeals under the
provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shako pee City Code,
Section 11.90 (Appeals); and
WHEREAS, the subject parcel ofland is presently zoned Highway Business (B-1) Zone;
and
WHEREAS, the subject parcel ofland for which the request is being made is legally
described as:
Tract A, Registered Land Survey (RLS) #175; and
WHEREAS, on December 8, 2005, the Board of Adjustment and Appeals (BOAA)
conducted a review regarding a Variance request to allow a second monument sign on 12th
A venue East, where only one monument sign is allowed, at which it heard from the Community
Development Director or his designee and invited members of the public to comment; and
WHEREAS, the BOAA denied the Variance request at their December 8, 2005 meeting;
and
WHEREAS, the applicant timely appealed the determination of the Board of
Adjustments and Appeals; and
WHEREAS, the City Council reviewed the appeal ofthe applicant at their meetings of
December 20, 2005 and January 3,2006; and
WHEREAS, the City Council's reached the following findings with respect to the
request:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
Finding J.A. The property can continue to be utilized as a commercial development with signage
that would adequately identify the site yet comply with the regulations as stated in
the City Code. The applicant could install wall signage to the north and/or east
walls that would provide advertisement for the Furniture Outlets USA business, or
\
they could install a directional sign at that entrance, consistent with the City Code
requirements.
Finding J.B. The plight of the landowner is not due to circumstances unique to the property. The
circumstances are based on their desire for additional signage beyond what is
allowed by City Code,
Finding 1. C. The circumstances were created by the landowner as a result of their desire for
additional signage.
Finding 1.D. The variance would not alter the essential character of the locality.
Finding J.E. The problems do not extend beyond ec;onomic considerations.
Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter
11 (Zoning) in that it would allow additional signage beyond what is allowed by
City Code.
Finding 3 The request is not a use variance.
Finding 4 (Not applicable since no conditions are proposed.)
Finding 5 (Not applicable since the property is not within the flood plain overlay zone)
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the decision of the
Board of Adjustments and Appeals is hereby upheld, and Furniture Outlets USA request for a
second monument sign on It Avenue East is hereby denied.
Adopted in session of the City Council of the City of Shako pee, Minnesota,
held the _ day of , 2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Caselog # 06008