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HomeMy WebLinkAbout13.B.2. Appeal of the Board of Adjustment and Appeals Determination for the Kwik Trip Inc. /3. 8. :L · CITY OF SHAKOPEE Memorandum CASE NO.: 06-041 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II RE: Appeal of the Board of Adjustment and Appeals Determination on a Sign Variance for Kwik Trip, Inc., to be located at Crossings Boulevard and County Road 18 DATE: April 4, 2006 INTRODUCTION K wik Trip, Inc. has filed an appeal of the Board of Adjustment and Appeals (BOAA) decision concerning a variance to allow a freestanding sign at their proposed site at Crossings Boulevard and County Road 18. They have provided a letter that expresses their position on why the variance should be approved. Additionally, they have provided an elevation plan that shows a revised monument sign design (10 feet tall, 64 square feet), where the submittal reviewed by the Board was for a 20 foot tall, 116 square foot SIgn. The Board of Adjustment and Appeals held a public hearing on a conditional use permit (CUP) and variance request for Kwik Trip at its March 9, 2006 meeting. By a 7-0 vote, the Board denied the Variance 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. At that meeting, the applicant stated that they could provide the necessary signage for this site either on the building or on the gas pump island canopy. A copy of the March 9, 2006 CUP and variance staff report to the Board of Adjustment and Appeals, which includes in the draft resolution language denying the variance 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 staff to 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. g: \cc \2006\04-04 \appeal kwiktripsignvariance. doc KW.lK Kwik Trip, Inc. - RE:dl Estate TRIP 4815 James Ave. South' Minneapolis, MN 55419 Phone: (612) 916-5864. E-mail: svantassel@kwiktrip.com TN INCORPORATED "To serve our customers and community more effectively than anyone else by treating our customers, co-workers and suppliers as we, personally, would like to be treated." March 20, 2006 Honorable Mayor and City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mayor and City Council, Virtually all of the convenience station/stores that sell petroleum products in Shakopee are located in the B-1, Highway Business, zoning district. Kwik Trip's proposed location is located in a similar setting as the other convenience station/stores in the City as it is located on an arterial street (County Road 18). It is also located adjacent to a major commercial development that is the fifteenth largest in the Twin Cities metropolitan area measured by retail building square footage. However, this location is within the PRO Planned Residential District. The PRO district does not allow freestanding signs. The City of Shakopee no longer allows the creation of PRO zoning after May 18, 2004. Instead of asking for a rezoning to B-1, which was previously contemplated by the owner of the land and the City. Kwik Trip asked for a variance to allow a freestanding sign. The requested sign measured 115 square feet and was twenty (20) feet in height which met the B-1 regulations. The variance was denied by the Board of Adjustments and Appeals. In the spirit of cooperation, Kwik Trip has made a number of changes to it's original proposal to address the concerns of the residential neighbors, staff and the Board of Adjustments and Appeals. Kwik Trip agreed to the following: flip the location of the c/store building and gasoline islands, eliminate one driveway, add additional landscaping/screening; reduce the hours of the car wash; reduce the hours of deliveries; limit the use of the loudspeakers at the canopy; agree to pay for a break in the existing median in Crossings Blvd. to make the first intersection on Crossings Blvd. full access and has further agreed, with the owner of the property, to close this break in the event the City determines this full access does function as needed. Kwik Trip is amending its request for the size of the sign. Kwik Trip is now proposing a sign that is sixty-four (64) square feet (8 feet x 8 feet) that is set into a brick base giving the sign a total height often (10) feet. An illustration of the sign is attached, Kwik Trip feels the variance to allow a freestanding sign is justified due to the unique zoning of this property relative to similar settings in the community. We feel we are keeping within the spirit of the ordinance. We also feel that the new sign proposal with reduces the size to sixty-four (64) square feet and ten (10) feet in height demonstrates our willingness to arrive at a fair conclusion for all parties. ~SUbmllted. . Samuel . V~ssel. elM Real Estate Manager Shakopee, Minnesota -Brick to match store brick color · 10'" LED price displays · 88 Copy on Reader board ~ 8' --1 Co b en ,.... BANANAS21C/lb ~ 82.11 - ~L~~OSSlL~IGNCO.0' *KT Shapkopee SCALE: 3/8"=1'..0" *COLORSONSKETCH ARE ONLY A REPRESENTATION, . This ill1WoTk is oopyrig1lted ll1ld may notbt otherwise Ilsed without permission. ACTUAL COLOR OFf/NISHEDPRODua MAY DIFFER It is the propmy of La ~ Sigfl Co., inc., and must be telurruid to. tltem. Shakopee - Location Maps Page 1 of 1 - II RIB r-- RR ~ r I -.,,-~~ - ~ N _ Subject Property W.E SHAKOPEE ......Shakopee Boundary OoMMUNnYpmoB&NCE1M7 S c=:J Zoning Boundary EJ Parcel Boundary Appeal to City Council of Board of Adjustment and Appeal Denial of Variance for Free Standing Signage htt :// is.1o. 's.org/shakopee/locationmap/map.asp?title=Appea1+to+City+Counci1+of+B... 03/20/2006 '.. CITY OF SHAKO PEE dP1 Memorandum CASE NO.: 06-021 TO: Board of Adjustment and Appeals FROM: Mark Noble, Planner IT SUBJECT: Conditional Use Permit to allow a 24 Hour Gas Station/Convenience Store with a Car Wash; Variance for Freestanding Sign MEETING DATE: March 9, 2006 REVIEW.PERIOD: January 27,2006 to May 26,2006 Site Information Applicant: Kwik Trip, Inc. Property Owner: Shakopee Crossings, LP Location: Outlot B, Riverside Fields 3rd Addition (West of CSAH 18 and North of Crossings Blvd.) Current Zoning: Planned Residential District(pRD) Zone Adjacent Zoning: North:. Highway Business (B-1) ZonelPlanned Unit Development South: Planned Residential District (pRD) Zone West: Planned Residential District (pRD) Zone East: Community Commercial (CC) Zone Compo Plan: Commercial Acreage: 81,320 Square Feet (1.87 acres) .MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Applicant Letter Exhibit C: Site PlanslElevations Exhibit D: . City Engineering Memorandum Exhibit E: Natural Resource Specialist Memorandum Exhibit F: Shakopee Public Utilities Memorandum Exhibit G: Dale Everson E-mail INTRODUCTION Kwik Trip, Inc. has submitted an application for a conditional use permit to allow a 24 hour Gas Station/ Convenience Store with a Car Wash. Additionally, they have requested a Variance to allow a Freestanding Sign. The subj ect site is located at the northwest comer of CSAH 18 and Crossings Boulevard (Exhibit A). 1 . . Within the Planned Residential District, neighborhood commercial developments are listed as a conditional use. The purpose ofthe Neighborhood Commercial Zone is to provide areas for the development oflow-intensity, service-oriented uses for servicing the immediate residential areas (described as those areas that are generally within five (5) minutes walking distance ofa neighborhood commercial area). Kwik Trip is proposing the construction of a gas station/convenience store, with a detached car wash located north of the convenience store (Exhibits B & C). The convenience store/gas station is proposed to be a 24 hour operation. Additionally, they have asked for a canopy that would have an overall height of 28 feet, instead of the maximum height of 18 feet provided under the City Code. The Board may be aware that this specific use was the subject of much discussion as the Plaruting Commission and Council considered the preliminary plat of Southbridge Fields. A copy of the Council report on that preliminary plat (which includes copies of some of the neighborhood correspondence) is attached for the Board's information. Specific design issues that should be addressed by the Board in reaching its decision on the requested CUP and Variance include: . The desirability of allowing an overheight canopy. Staff is recommending that this variance not be granted. .. Whether the location of the canopy. and site lighting will create any adverse. impacts on . the nearby residential propertie~. . Whether the proposed building materials and design are consistent with the City's design standards (see City Code Section 11.60, Performance Standards, a copy of which is attached). . Modifications that may be required to the site and/or adjacent roadways to accommodate truck turning movements. . Whether the proposed site plan provides for adequate screening. CONDITIONAL USE PERMIT: City Code Sect. 11.87, Subd. 2. F., S. provides the following standards for the requested uses: Gas Stations: 1. shall be screened from any adjacent residential zone. .2. shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas. 3. shall not conduct automotive repair, assembly, disassembly, and maintenance of vehicles, except minor maintenance such as tire inflation, adding oil and wiper replacement. 4. shall not have a public address system which is .audible from any residential property. 5. shall provide stacking for gas pumps for at least one (1) car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 6. shall not sell, store, or display any used vehicles. 2 , 7. may have a canopy which projects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstruction up. to a height of thirteen feet. The canopy shall have a maximum vertical thickness of three feet. The canopy shall have a maximum height of 18 feet. . Car Washes: 1. shall be located adjacent to an arterial street as identified in the comprehensive plan. 2. shall be screened from view from residential zones. 3. shall utilize a water conservation or recovery system. 4. shall provide stacking for at least three (3) vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located iri any public right-of-way, private access easement, or within the required parking setback. Planning staff have noted that several trees/plantings are shown over utility service lines along the south and west property lines. Although staff suggests that those plantings that are located in conflict with the utility service lines be moved, it is imperative that plantings be provided in these areas for screening purposes. Additionally, the photometric plan shows some areas where the light levels exceed one footcandle at the property line. The site lighting plan shall be modified to ensure that installation of sight lighting be consistent with the City Code requirements. Regarding the building design, it is noted that the store is 23'-6" tall, and is constructed of brick (as is the car wash building). As previously noted, the buildings design and materials submitted do not appear to comply with the minimum standards outlined in Section 11.60, Performance Standards of the City Code. The incorporation of acc~nt materials, additional windows on Ill:ultiple sides of the building, additional contrasting yet complimentary colors, and variation to the wall depths, shapes, roof lines, and/or other design features may bring the building(s) in compliance with the minimum requirements. Other design and performance standard conditions will be reviewed in more detail at time of building permit, provided this request is approved. Several city and outside agencies have also provided comments on this request, as follows: e Engineering staff proposed several conditions, which have been included in the draft conditions of approval (Exhibit D). Those conditions include requests to modify the existing infrastructure to acconunodate conditions of approval of the preliminary and final plat of Southbridge fields, provide a traffic study and information/drawings showing truck turning movements, and modification of the right-in/right-out access to Crossings Boulevard. . The Fire Inspector has commented that if approved, the project shall comply with all applicable building and fire code requirements. . The City Natural Resource Specialist provided a memorandum (Exhibit E) that noted conditions of approyal, including detailing recommendecl tree speci~s t() be pl~ted on this . .__.___----pmperty.-------------.----------------- .. ..----:- -.- ....--~-_........-. .......--.-..... ............-..-.-. . Shakopee Public Utilities has provided a memorandum (Exhibit F) with conditions of approval, including a condition that water service plans shall be revised and shall comply with their requirements. . The City Clerk conunented that city licenses would be required for sale of beer and tobacco. 3 For the Board's use, staff has prepared a draft resolution approving the CUP with conditions of approval, including those provided by the review agencies and those conditions specifically noted in the City Code, and denial of the requested variance. The applicant scheduled a neighborhood meeting on March I, 2006, making themselves available to address the residential neighbors concerns. One neighbor (Dale Everson) provided staff an e- mail in which he expressed a number of concernS (Exhibit G). A number of the issues expressed by Mr. Everson have been shared by several other residential property owners in Riverside Fields, at the time of Preliminary and Final Plat review of Southbridge Fields. The Preliminary Plat for that project has been approved by the City Council, with several new/revised conditions from . .'. . when the Planning Commission reviewed the application. Two conditions that will be carried forward in this application by staffis that the configuration ofthe access points to Crossings Boulevard shall be determined at the time of final plat approval of Southbridge Fields, and that the applicant/property owner shall be responsible for all future improvements to Crossings Boulevard. FINDINGS The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd. 1) are listed below. Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding #1 The Bodrd finds that the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, provided the conditions noted in the resolution are met. Criteria #2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses .allowed in the area; Finding #2 The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses allowed in the area, provided the conditions noted in the resolution are met. Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary facilities exist to serve the proposed use, provided the conditions noted in the resolution are met. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; Finding #4 The Board finds that the use is consistent with the purposes of the Planned Residential District, provided the conditions noted in the resolution are met. Criteria #5 The use is not in conflict with the Comprehensive Plan. 4 ., Finding #5 The Boardfinds that theproposed use is consistent with the purposes of the Comprehensive Plan, which guides the subject property for commercial use. VARIANCE: K wile Trip has requested a Variance to allow a freestanding sign, where the Planned Residential District/Neighborhood Commercial guidelines do not allow this type of sign. The City Code permits wall signs on the front and certain sides of the building, wall projecting signs, awnings, wall signs, alld area identification signs in the PRD/Neighborhood Commercial Zone. 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 purpose~ of discussion by the Board. The Board may use or modify these draft findings as it sees fit, as well as propose other findings. 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: I.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding 1.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 applicalit could install wall signage that could adequately advertise the business/gas prices, consistent with the City Code requirements. I.B. The plight of the landowner is due to circumstances unique to the property; Finding J.B. The plight of the applicant/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. . l.e. The Circumstances were not created by the landowner; Finding l.e. The circumstances were created by the applicant/landowner as a result of their desire foradditionalsignag~ 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding J.D. The variance would alter the essential character of the locality. I.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 J.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. S , ,. 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 protett 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 the property is not within the flood plain overlay zone) ALTERNATIVES: 1. Approve Resolution No. PC06-021, a resolution approving the Conditional Use Permit as presented, and denying the variance request to allow a freestanding sign; and move its adoption. 2. Approve Resolution No. PC06-021, a resolution approving the Conditional Use Permit, with revised conditions, and denying the variance request to allow a freestanding sign, and move its adoption. 3. Approve Resolution No. PC06-021, a resolution approving the Conditional Use Permit, with revised conditions, and approve the variance request to allow a freestanding sign and direct staff to prepare a resolution with findings as proposed by the Board, and move its adoption. 4. Deny the Conditional Use Permit and Variance, and direct staff to prepare a resolution with findings as proposed by the Board. 5. The Board may continue the public hearing for additional information. 6. The Board may table the request for additional information. RECOMMENDATIONS Staff recommends Alternative No.1, approval of Res. No. PC06-021, as presented. ACTION REQUESTED Offer a motion approving Resolution No. PC06-021, a resolution approving the Conditional Use Permit as presented, and denying the variance request. to allow a freestanding sign, and move its adoption. ~ Planner g:\boaa-pc\2006\03-09\cupvarkwiktrip06021.doc 6 \ RESOLUTION NO. PC06-021 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW A GAS STATION IN THE PLANNED RESIDENTIAL DISTRICT (PRD) ZONE; AND DENYING A V ARlANCE TO ALLOW A FREESTANDING SIGN. . WHEREAS, Kwik Trip, Inc., applicant, and Shakopee Crossings Limited Partnership, property owner, have filed an application dated January 26, 2006 for a Conditional Use Pelmit to allow a gas station under the provisions of Chapter 11 (Zoning) of the Shakopee City Code; and WHEREAS, this parcel is presently zoned Planned Residential District (PRD) Zone; and WHEREAS, the property upon which the request is being made is legally described as: Outlot B, Riverside Fields 3rd Addition, Scott County, Minnesota; and WHEREAS, notice was provided and on March 9, 2006, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Board hereby adopts the following findings offact; Finding #1 The Boardfinds that the uSe will notbe injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminishes and impair property values within the immediate vicinity, provided the conditions noted in the resolution are met. Finding #2 The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses allowed in the area, provided the conditions noted in the resolution are met. . Finding #3 The Boardfinds that adequate utilities, access roads, drainage, and other necessary facilities exist to serve the proposed use, provided the conditions noted in the resolution are met. 7 ) Finding #4 The Boardfinds that the use is consistent with the purposes of the Planned Residential District (PRD) Zone, provided the conditions noted in the resolution are met. Finding #5 The Boardfinds that the proposed use is consistent with the purposes of the Comprehensive Plan, which guides the subject property for commercial use. BE IT FURTHER RESOLVED, that the application for Conditional Use Pelmit No. PC06-021 is hereby GRANTED, subject to the following conditions: 1. Shall comply with design standards of the Planned Residential District (pRD) Zone/ Neighborhood Commercial Zone. 2. Shall comply with the applicable design and performance standards specified in the City Code. 3.. Approval ofthe CUP does not constitute any approval for signage on the site. Any applicable . signage shall require an approved sign permit. 4. Shall be screened from any adjacent residential zone. 5. Shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas. 6. Shall not conduct automotive repair, assembly, disassembly, . and maintenance of vehicles, except minor maintenance such as tire inflation, adding oil and wiper replacement. 7. Shall not have a public address system which is audible from any residential property. 8. Shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 9. Shall not sell, store, or display any used vehicles. . 10. Mayhave a canopy which projects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstruction up to a height of thirteen. feet. The canopy shall have a maximum vertical thickness of three feet. .The canopy shall have a maximum height of 18 feet. 11. Shall be located adjacent to an arterial street as identified in the comprehensive plan. 12. Shall be screened from view from residential zones. 13. Shall utilize a water conservation or recovery system. 14. Shall provide stacking for at least three (3) vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 15. Prior to any work within the City of Shakopee's or Scott County's right-of-way, the applicant shall obtain the appropriate permit(s). 16. Prior to any site work, the applicant shall obtain a grading permit and/or building permit. 17. The approval of the CUPshall be subject to certain conditions imposed upon the Southbridge Fields preliminary plat and final plat. Revisions shall be made as required. 18. The developer/property owner(s) adjacent to any modifications to the existing infrastructure required as a result of conditions imposed upon the preliminary plat and final plat of. .......... .. -.-.. .......----Seuthbriage-FielEls-shaU-SH-0SpGIlsible-fof-the-assGciated-cGsts...-------.----------.---------.........----......--.. .---.--.........- -------...... 19. All modifications to the existing infra.structure required as a result of conditions imposed upon the preliminary plat and final plat of Southbridge Fields shall be completed prior to building peffi1it issuance. 20. The applicant shall provide a detailed traffic study analyzing the impacts this proposed use will have on adjacent streets. 8 , '. 21. The applicant shall provide drawings and information showing truck turning movements to and from Crossings Boulevard. 22. The existing right-in/right-out intersection serving as the first access to the site (West of County Road 18) shall be modified to a right-in only. 23. The building permit applicant shall be responsible for payment of all Trunk Storm Water Charges and Trunk: Storm Water Storage and Treatment Charges, as required by the most current City of Shakopee Fee Schedule. 24. The storm sewer design for the site shall. be subj ect to City of Shakopee approval at the time of the building permit review. The design shall adhere to the previously approved storm water management plan for the area. .25; The approval of the CUP does not constitute approval ofthe submitted drawings. 26. Access points to Crossings Boulevard s:hall be determined at the time of final plat ~p'proval of Southbridge Fields. 27. The applicant/property owner shall be responsible for all future improvements to Crossings Boulevard. 28. The project shall comply with all applicable building and fire code requirements. 29. Water service plans shall be coordinated with SouthbridgeFields plans, and shall comply with Shakopee Public Utilities requirements. 30. City licenses would be required for sale of beer and tobacco products. 31. The applicant shall provide 6 inches of topsoil below areas to be sodded. The soil composition should be similar to the MnDOT topsoil borrow requirements. 32. The applicant shall provide rain sensors for any irrigation systems. 33. Erosion control silt fence shall be installed prior to any grading/construction on site. The fence shall be removed following establishment of permanent vegetation. 34. The applicant shall plant a diversity of tree species to reduce the impacts of potential tree diseases or epidemics that may occur in the future. Recommended tree species to utilize in this area are: a. Hackberry (Celtis occidentalis) b. Northern Catalpa (Catalpa speciosa) c. Bur Oak (Quercus macrocarpa) d. Red Oak (Quercus rubra). 35. The applicant shall implement the use of Best Management Practices for erosion cop.trol and stormwater management during construction. 36. Install plantings consistent with City Code requirements. Plantings located over utility services and/or easements shall be relocated to avoid conflict with those areas. NOW THEREFORE, BE IT FURTHER 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 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: 9 , , I.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Finding 1.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 that could adequately advertise the business/gas prices, consistent with the City Code requirements. I.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The plight of the applicant/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. LC. The circumstances were not created by the landowner; Finding 1. C. The circumstances were created by the applicant/landowner as a result of their desire for additional signage. I.D. The variance, if granted, will not alter the essential character of the locality; and Filtding J.D. The variance would not alter the essential character of the locality. I.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. 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 the property is not within the flood plain overlay zone) Adopted by the Board of Adjustment and Appeals ofthe City of Shakopee, Minnesota, this 9th day of March, 2006. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director 10 SHAKOPEE KWIK TRIP { 10'-0" { .~ '.,;6 ., I~I ~I D:i ~ '. I:':' ~-sg ,RIP E85:-r I , 1~1~1.!'1I~1 . \a" ~ 1"10-11:': ,"",",-,---~'lIn f.!l .~, . ~ ~ . !"-u;h,,-.&.7l1:r.l."'''~:>'\lJI,l S TOR ES I I " 1.....~8W.J.....,'._'J,"~,j .=n...~"l:=-.....=-r- - I . I o ~ ~ ...."iI""JJ..-....~ -I I" F. -'i.-">~I"'" . . l."'"r~~~;-d~...~ 17~I,ilfD)nml,il~fU71 ~ ~~LnJ L'lL'l ~c:JLnJ F='r.'~=-=. .':..~r:',I:'1WJ~~oI'..J:.:J.1 . tl n i---'::;:r.... . i.-J.d. ., -~ ~~~"l:.'=~~;f"W'~ L~l. ~..,.j:...J r-, I :':l'fI. li'ftlffi..-'1l"""""; ELECTRONIC ~l:i~~23 J .. _,::1_... '!,......! 0 MESSAGE.. ,,' N CENTER ~@@[Q)~rnffi\Yl~(g~ . KT fACES ARE 4'-4" X 5'-9- ... 24.9 SQ. FT. . i~ PRICE FACES ARE 5'-6. X 5'-9" .. :50.7 SQ. FT . CI:='f"""- FOOD SERVICE FACES ARE 1 0' X 2'-0'" 20 0 SO. F"T i . """'i""'"~"""J : MAIN CABINET TOTAL 75.6 SQ. FT. -~.....l.'-r.--, ! CAR WASH FACES 2' X 8' .. 18.0 SO. 1'1:, ~:.;:r::;r~ i .......J..-y-=r.. MESSAGE CENTER SCREEN. - L':ll...J..,..,~,....J . . ]' :5'-2" X 7'-8- U . , MESSAGE CENttR TOTAL .. 24.28 SO FT, ~ I TOTAL SQ fT. = 115.88 PER ~ I SIDE .k- - =' . · THE MESSAGE CENTER IS ONLY 3'-2. X 7'-8-. THE. I! I REMAINDER OF THE MEA SHOWN IS METAL CLADDING. t..r- -~1 , -------.--__ L-1:::::cL . I i - - .-- 1 I , 1 #11.. PYLON SIGN ' SCALE: 3/Sn= l'