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HomeMy WebLinkAbout15.D.2. Appeal of the Board of Adjustment and Appeals Determination for Furniture Outlets USA CITY OF SHAKO PEE 1s:1J/~. Memorandum CASE NO.: 06-008 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I RE: Appeal ofthe Board of Adjustment and Appeals Determination on a Variance for Furniture Outlets USA at 4250 lih Avenue East DATE: December 20, 2005 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 Avenue East, where only one sign is allowed. The Board of Adjustment and Appeals held a public hearing on the Variance 1 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. A copy of the December 8, 2005 staff report to the Board of Adjustment and Appeals, which includes the draft resolution denying the request, is attached for the Council's reference. ALTERNATIVES 1. Uphold the determination of the Board of Adjustment and Appeals, and direct staff to prepare a resolution for the Council's consent agenda that is consistent with that decision. 2. Uphold the appeal of the applicant, thereby granting the requested variance, and direct staffto prepare a resolution for the Council's consent agenda that is consistent with that decision. 3. Table the appeal for additional information. ACTION REQUESTED Offer a motion directing staff to prepare a resolution for action at the next meeting, and move its adoption. ~ - Planner I g: \cc \2005\12-20\appealfurnitureoutletsvariance.doc I ~-~~t{5Jj I Applicants Name: (t....~ I " , - ~~ Contact Person: Address: /Yd e-, ~ City:~~ ~~ State S,Ot Zip Code 5/C d ~ Phone Numb<;:r: 6o-r->>~->~ FAXNumber:U:OS- f/7-79rQ Property Owner: ,~~ Address: City: State Zip Code Phone Number: FAX Number: 27- 27- 3. Property Acreage: 4. Present Zoning: 5. Requested Zoning: 6. Existing Use of Property: 7. Proposed Use of Property: 8. Proposed name of development: 9. If development is to be phased, proposed number of phases: 10. Right-of-way or easement location proposed for vacation: 11. Size and dimension of proposed vacation: 12. Right-of-way names (if applicable): 13. Any existing utilities or improvements: 14. If proposing an amendment to the text of the Zoning Ordinance, which provision? G '~ . 15. . ppeal to City Council or Board of Adjustment & Appeals. ~ Application questions continued on following page fi6:'keq~ , 1B:eaI Of~M"l1 ~on of the Zoning Ordinance: ~ectlon ' ~,. . Page I ~ 7 '''''0 1~'"7CS 17. Type of Conditional Use Permit requested: 18. Variance requested to: 19 . Variance dimension requested: 20. Please describe the undue hardship that exists that is unique to the site which necessitates the request for a variance: r ~oes the request meet the criteri ase refer to the informational ( Jhandout)? .,' , Submitted this /2-- day of Dc:.- , 20..l5.. ~ ' ..-~' · pplicants Signature. . . · \, l . Property Owners Signature City staffhas ten days from the date of application to determine if an application is complete. Incomplete applications will not be processed. G: \comdev\forms\application -~ -" Furniture Outlets l1l]@& 140 East Hinks Lane · Sioux Falls. SO 57104-0434 (60S) 336-5000 Telephone · (60S) 336-50 I 0 Fax www.furnitureoutletsusa.com December 12, 2005 Application for variances reply to questions 21 and 22~ 21. . On public review, there was no opposition to the original application. . This signage would provide uniform sign age for both ends of the property. . The Furniture Outlets USA and the Ashley Furniture HomeStore signs may not be combined as suggested due to franchise policy regarding the Ashley trademark sign. The Ashley signage may only be displayed as a stand alone. . According to city code, two monument signs are allowed for the property. We are requesting to place both of these signs on 1 ih Ave. , with no additional monument sign requested for the Highway 169 side. . A sign is needed that is large enough to direct customers to our Customer Pick-Up area, located at the East entrance to the property. The 2' X 4' signage that. is currently allowed is not large enough to adequately direct traffic. The existing monument sign, located at the West entrance, is over 650 feet from the requested site at the East,entrance to the parking lot. 22. . This request does meet the criteria necessary to grant approval. . We are asking to locate both of the allowed monument signs on the same frontage road on 12th Ave., in lieu of placing one sign on 12th Ave. and one sign on Highway 169. , ~tO CITY OF SHAKOPEE Memorandum CASE NO.: 05-117 TO: Board of Adjustment and Appeals FROM: Mark Noble, Planner I SUBJECT: Request of Furniture Outlets USA for a Variance to allow a Second Monument Sign on 12th Avenue East, where only One Sign is allowed, at 4250 12th Avenue East. . MEETIN'G DATE: December 8, 2005 REVIEW PERIOD: October 28, 2005 - February 24, 2006 Site Information Applicant: David Baillie, Furniture Outlets USA Property Owner: Furniture Outlets USA Location: 4250 lilt Avenue East Existing Zoning: Highway Business (B-1) Zone/Planned Unit Development (PUD) Overlay Adjacent Zoning: North: Heavy Industry (I-2) Zone South: Hwy. 169/ Highway Business (B-1) Zone West: Highway Business (B-1) Zone East: Business Park (BP) Zone Compo Plan: Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Applicant Narrative Exhibit C: Sign Elevation/Site Plans Exhibit D: City Engineering Memorandum Exhibit E: SPUC Memorandum INTRODUCTION: David Baillie, Furniture Outlets USA, has requested a variance to allow a second monument sign on 12th Avenue East, where only one sign is allowed, at 4250 1th Avenue East (Exhibit A). The proposed location of the subject sign is just west of the easterly access to this property (Exhibit C) and would provide advertisement for the Furniture Outlets USA business. CONSIDERATIONS: The City Code stipulates that in the B-1 Zone, only one freestanding sign shall be allowed per lot, except that for business complexes, one freestanding sign shall be allowed per street frontage. Presently, there is a freestanding (monument style) sign located at the west entrance, advertising the Ashley Furniture business. The applicant does not wish to install a freestanding sign along their Hwy. 169 frontage; rather, they would like to install a second monument sign on 1 ih Avenue. The proposed sign would be 7'-6" tall (overall), with sign panels 10'-0" wide and 4'-0" ta11, and a base area approximately 3' -6" in height. The sign is shown approximately 20 feet from the property line; however, it is shown to be located in a drainage and utility easement. City Engineering commented that the monument sign is proposed to be located within an existing utility easement directly above a trunk sanitary sewer (Exhibit D). If approved, the proposal shall be subject to the following conditions: 1) Since the monument sign is proposed to be located within a utility easement, the applicant shall enter into an encroachment agreement with the City; and 2) All work done within the City of Shakopee's right-of-way and drainage and utility easements shall require a right-of-way permit (please contact Bonnie Horner in the City engineering department for details. concerning the permit requirements). Shakopee Public Utilities commented that they have underground electric cables near the proposed sign location (Exhibit E). If approved, the sign's foundation shall be no closer than five (5) feet to the underground cables, and the sign shall not be placed directly over the cables. FINDINGS: Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings for purposes of discussion by the Board. The Board may use or modify these draft findings as it sees fit, as well as propose other fmdings. Criterion 1: The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: I.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.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 wou!d provide advertisement for the Furniture Outlets USA business, or they could install a directional sign at that entrance, consistent with the City Code requirements. I.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B. The plight oftke landowner is not due to circumstances unique to the property. TIze circumstances are based on their desire for additional signage beyond what is allowed by City Code. 1.C. The circumstances were not created by the landowner; Finding 1. C. The circumstances were created by the landowner as a result of their desire for additional signage. l.D. The variance, if granted, will not alter the essential character of the locality; and Finding I.D. The variance would not alter the essential character of the locality. 1.E. The problems extend beyond economic considerations. Economic considerations do.not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding I.E. .The problems do not extend beyond economic considerations. Criterion 2: It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. 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. Criterion 3: The request is not for a use variance. Finding 3. The request is not a use variance. Criterion 4: Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4. (Dependent on the Board's action on the request.) Criterion 5: Variances in.the flood plain overlay zone, also shall meet the following criteria: Finding 5. (Not applicable since theproperty is not within the flood plain overlay zone) ALTERNATIVES: 1. Approve Resolution No. 05-117, a resolution denying the variance to allow a second monument sign on 12th Avenue East, where only one sign is allowed, at 4250 12th Avenue East 2. Direct staff to prepare a resolution approving the variance with findings as proposed by the Board. 3. Continue the public hearing for additional information. 4. Table the decision for additional information. ACTION REQUESTED: Approve Resolution No. 05-117, a resolution denying the variance to allow a second monument sign on 12th Avenue East, where only one sign is allowed, at 4250 12th Avenue East. . JvL-- --iV Mark No Ie . Planner I ' G:BOAA-PC\2005\12-08\varfumoutlets05117 RESOLUTION NO. PC05-117 A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A VARIANCE TO ALLOW A SECOND MONUMENT SIGN ON 12TH A VENUE EAST, WHERE ONLY ONE SIGN IS ALLOWED, AT 4250 12TH A VENUE EAST WHEREAS, Furniture Outlets USA, applicant and property owner, has filed an application for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.89, toa second monument sign on lih Avenue East, where only one sign is allowed, at 4250 lih Avenue East. WHEREAS, the subject parcel of land is presently zoned Highway Business (B-1) Zone; and WHEREAS, the legal description for the subject parcel of land for which the request is being made is: Tract A, Registered Land Survey (RLS) #175; and WHEREAS, notice was provided and on December 8, 2005, the Board of Adjustment and Appeals conducted public hearings regarding this application, at which it heard from the Community Development Director or his designee and invited members of the public to comment; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Variance is hereby DENIED, based on the following findings with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances." Criterion I The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Finding I.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 SigTlage 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. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding J.B. The plight of the landowner is not due to circumstances unique to the property. The circumstances are based on their desirefor additional signage beyond what is allowed by City Code. 1.C. The circumstances were not created by the landowner; Finding 1.C. The circumstances were created by the landowner as a result of their desire for additional signage. 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding 1.D. The variance would not alter the essential character of the locality. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems do not extend beyond economic considerations. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the, spirit and intent of this Chapter. Findiltg 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 allQwed by City Code. Criterion 3 The request is not for a use variance. Finding 3 The request is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and ,Appeals will insure compliance to protect the adjacent properties. Finding 4 (Not applicable since no conditions are proposed.) Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: ...... Filzdilzg 5 (Not applicable since the property is not within the flood plain overlay zone) Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 8th day of December, 2005. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director CERTIFICATION OF RESOLUTION NO. PC05-117 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. PC05-117, presented to and adopted by the Board of Adjustment and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the 8th day of December, 2005, as shown by minutes of the meeting in my possession. Dated this day of . 2005 Judith S. Cox, City Clerk SEAL Prepared by: THE CITY OF SHAKOPEE 129 South Holmes Shakopee,1f.N 55379 , Shakopee - Location Maps Page 1 ofl E~""'~T ~ MR t m i .. , "'= l-~:];H-A"li-,E L BP 12 :::::..---- ~ - - / ~ N _ SUbject Property ~'.E . SHAKOPEE "..... ShaKopee Boundary COMMUNITYl'RlD2SlNClllB51 s c=I ZonIng Boundary CJ Parcel Boundary Variance for 2nd free standing . sign e"\ot,t!J,,,, e Furniture Outlets U@A /40 East Hfnks Lane SIoux falls. Soulh Oakola .57J04-0434 ph. 6p5.336.5oo0 rllK. 605.977:79/0 w,WI.fu'rnituri:oullelsusa.com October 25, 2005 Application for variance reply to questions 18-22 18. Variance request to install a 2nd monument sign at the entrance for the Furniture Outlets Furniture Store off of 12th Avenue 19 20. The undue hardship is identification of our Furniture Outlets Store. We need better identification for the entrance into Furniture Outlets off of 12th Avenue. Because of the length and size of the building and lot it is needed to make people aware of a 2nd store at that location. Also to clarify to customers, who call in to pick up their purchase, which side they should go. The only sign they see is Ashley Homestore. 21. Two monument signsare allowed for this pro~erty. The original drawing that was approved showed 2 signs on 12 h Avenue, however only one permit was issued. ....... <=> ---- ~ <::n ---- ~ <=> <=> <::n ~ ....... <=> . - ~ --=- '$P~ ~~;. .~;: ...-.:". _'~:::. .~ -0_$ .;.:-.. ....-;. .. . "; .:. I'";" . . ...,.. "':_!:._ ;... ...~. .'~ '\ ~fi: i}:~ l:liU~~.~.f,J1~~~l:'~tii ~:.:'fi~;!~~l~Jt~!llti~~;Jj.ti.i~}~.} ~ 1><1 c::. c:::> c:.n c:..:o ~ c::. c::. <::0 c:..:o 00 . ~ ....... ~ CD a;: 0 t:::l' 4w-1.5u X 10' SIGN 1677 AND 11.5" lETTERS T-6'" OVERALL HEIGHT 40S0UARE FEET ~~~~/;? .....~.....- - -- _oiIfI' ~ -~A~~~1f!r~-~~ -. 111 ,_ -'- If-~ ~"" - " ~ - - ~, -- .-,"X;;;"-;' .. 1 ~ ~ ~ - '-- f/FlIR~lII1E/ASHIEY/SHAKIIPPE. 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"":" "-- ---...----~ ~75& ....c~ ... . ---.~ E'\a-tt &C"T D " " " City of Shakopee Memorandum TO: Mark Noble, Planner I uJ~ FROM: Joe Swentek, Project Engineer SUBJECT: PID NO.: Tract A, RLS 175 CASE NO.: 05117 DATE: November 15, 2004 The application indicates a request to allow for a 2nd monument sign adjacent to the 12th Avenue right-ofMway at the above referenced location. The mon'ument sign is proposed to be located within an existing utility easement directly above a trunk sanitary sewer. Recommendation Engineering staff recommends approval. However, this approval shall be subject to the following conditions: 1. Since the monument sign is proposed to be located within a utility easement, the applicant shall enter into an encroachment agreement with the City. 2. All work done within the City of Shakopee's right-of-way and drainage and utility easements shall require a right-ofMway pennit. Please contact Bonnie Homer in the City engineering deparimentfor details concerning the permit requirements. H:\EMPLOYEE FOLDERS\lSwenteklSlafUeviewsl Varlance\Case.Number,OS 117 ,Variance,2ndSign (4250 12th A ve),dec Page 1 of I NOV-23-2005 09:19 SHAKOPEE PUBLIC UTILITIES 9524457767 P.08 e"~It>fT I!- SHAKOPEE PUBLIC UTILITIES MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams~ Planning and Engineering Manager SUBJECT: STAFF REVIEW RECORD COMMENTS for: Variance for 2nd monument sign on same street frontage CASE NO: 05117 DATE: 11/22/05 COMMENTS: Municipal water service is available subject to our standard tenns and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy~ paying the associated inspections costs, paying the Trunk Water Charge, and paying the Water Connection Charge. Underground electric service is available subject to our standard terms and conditions. These include, but are not limited to: entering into an Underground Distribution Agreement, granting any necessary easements, and paying the associated fees. Street Lighting installation is available subject to our standard terms and conditions. These are contained in the current City o~ Shakopee Street Lighting Policy. Applicant must pay the associated fees. Applicant should contact Shakopee Public Utilities directly for specific requirements relating to their project. Note: Shakopee PublicUtilities has underground electric cables near the proposed sign location. The sign's foundation shall be no closer than Sleet to the underground cables. The sign shall not be placed directly over the cables.