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HomeMy WebLinkAbout12.D. Appeal of Boards of Adjustment Decision-Snap Fitness Signage CITY OF SHAKOPEE Memorandum J '~.(). , CASE NO.: 08-0l4 TO: Mayor and City Council FROM: Kyle Sobota, Planner I SUBJECT: Appeal of Board of Adjustment Decision - Snap Fitness Signage MEETING DATE: April 8, 2008 SITE INFORMATION: Applicant: Location: Mark Allison, representing W AM Fitness 205 First A venue East Existing Zoning: Adjacent Zoning: Central Business District (B-3) Central Business District (B-3) INTRODUCTION Mark Allison, representing W AM Fitness has submitted an application to appeal a decision made by the Board of Adjustment and Appeals regarding denial of a variance for a 53-square foot wall sign on the north side ofthe River City Centre. DISCUSSION At the April 3rd meeting of the Board of Adjustment and Appeals, the Board approved a Conditional Use Permit for a 24-hour fitness facility subject to conditions. As part of the application the applicant requested a variance to allow a 53 square-foot sign to be placed on the north side of the building. City Code allows for a l5 square-foot sign. The Board voted 7-0 to approving the conditional use and denying the variance request. At this time the largest sign on either building is a sign for Cities Dentistry of approximately 42-square feet on the south side of the building, which is the main entrance side of the buildings, City Code allows larger amounts of signage near main entrances. The proposed sign would be the largest on either sign on the north or south side of either building and be approximately 65% larger than any existing sign on the north side of either building. ALTERNATIVES I. Offer and approve a motion upholding the determination of the Board of Adjustment and Appeals and direct staff to prepare a resolution denying the variance request. 2. Offer and approve a motion granting the appeal of the applicant and direct staff to prepare a resolution approving the variance request. 3. Table a decision and request additional information from staff and/or the applicant. ACTION REQUESTED Offer and approve a motion upholding the determination of the Board of Adjustment and Appeals and direct staff to prepare a resolution denying the varian~-"-- :. ) ~>/-/ t k~ . \../ Kyle Sobota Planner I CASE NO.: TO: FROM: SUBJECT: ~Cp CITY OF SHAKOPEE Memorandum 08-014 Board of Adjustment and Appeals Kyle Sobota, Planner I Conditional Use Permit to Allow a Health and Fitness Facility in the Central Business (B3) Zone, and a variance to allow additional wall signage MEETING DATE: April 3, 2008 REVIEW PERIOD: February 21, 2008 - June 20, 2008 SITE INFORMATION Applicant: Location: Current Zoning: Adjacent Zoning: Compo Plan: Area: Attachments: Mark Allison, W AM Fitness 205 First Avenue East Central Business District (B3) North: Minnesota River / CSAH lOl Bridge South: Mixed Retail and Service uses across First Avenue East: Mixed Industrial Uses (B3) Zone West: River City Centre (B3) Mixed Use 2.12 Acres Exhibit A: Location / Zoning Map Exhibit B: Narrative Exhibit C: Site Plan Exhibit D: Building Floor Plan Exhibit E: Proposed Sign Design Exhibit F: Site Photos INTRODUCTION Mark Allison has applied for a Conditional Use Permit to allow a private health and fitness facility (Snap Fitness) within the Central Business (B3) zone and a variance to allow a 53 square-foot sign on the north side of the building, where 15 square-feet is allowed. The applicant is proposing to locate this use within a tenant space in the eastern building of River City Centre, in the space formerly occupied by Tobacco Warehouse. Please see Exhibit A for location. The applicant has provided a narrative of the request (please see Exhibit B). The site plan and building plans have been attached as Exhibits C and D. The applicant is also requesting a variance to the zoning ordinance to allow an additional 38 square-feet of wall signage on the north side of the building. The applicant is proposing to use a-53 square foot wail sign on the north side of the building, where 15 square feet is allowed (See Exhibit E). CONSIDERATIONS In the B3 Zone, health and athletic facilities require a CUP. The City Code (Section 11.87, Subd. 2, T.) provides standard conditions which apply to health and athletic facilities. These conditions are as follows: l. Shall limit hours of operation to between 6 am and II pm; 2. The structure shall be of an architectural style which is compatible with neighboring structures; and 3. Shall have no facilities outside a building. Landscaping for the site was addressed with the original development of the site. The property owner will continue to be responsible for the installation and necessary maintenance of all landscaping on site. No changes in landscaping or exterior modifications to the building are proposed as a result of this application. Since the property is zoned B-3, on-site parking is not required, however several spaces are provided on the north side ofthe buildings as well as diagonal parking on First Avenue. The applicant is requesting that they be allowed to extend the allowable hours of operation. The specific request is to allow normal hours of operation to be 24-hours a day / 7 days per week. Staff has proposed and included a draft condition to address this request provided loud speakers are not used at any time due to the location of residential uses above this tenant space. FINDINGS Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states that, "In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of Adjustment and Appeals shall not grant a Conditional Use Permit without making certain findings. The criteria required for the granting of Conditional Use Permits 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 Board has received no evidence that the use will be injurious to the use and enjoyment of other property in the vicinity nor that it will substantially diminish or impair property values. Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding #2 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 The Board has not received any evidence that the conditional use permit will ill1uede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and The use is consistent with the purposes of the Central Business District (B3) Zone. The use is not in conflict with the Comprehensive Plan. The use is not in conflict with the Comprehensive Plan. VARIANCE CONSIDERATION City Code allows up to lOO square-feet of wall signage on a side of a business complex other than the main entrance. A l5 square-foot sign is allowed by City Code based on the remaining available signage, which staff considers reasonable. In River City Centre there are other businesses such as Saks Salon, American Family Insurance, and The Haven that have existing signage on their doors or on the building that is smaller than what the applicant is allowed by City Code. FINDINGS: Section ll. 89, S ubd. 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 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: l.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: Finding l,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 site is allowed sufficient square footage for the applicant to adequately advertise the business 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 applicant is not due to circumstances unique to the property. The circumstances are based on the desire for additional signage beyond what is allowed by City Code. The building is located near the Intersection of the CSAH 101 Bridge and First Avenue and offers adequate visibility for this business, the location of the proposed sign would also be the most visible location from the intersection. l.e. The circumstances were not created by the landowner; F:'nding 1. C. The circumstances ~vere created by the applicant as a result of the applicant's desire for si':,rnage [hat is over three times {he size ofihe I7l(L'Cimum al/owed square footage. 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, as the sign that is proposed would use more than 50% of the square footage allowed by City Code for the whole building. 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 ordina..ce. Finding1.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.) AL TERNATIVES 1. Approve Resolution No. PC08-014, subject to the conditions proposed by staff. 2. Approve Resolution No. PC08-014, subject to revised conditions. 3. Direct staff to prepare a resolution denying the conditional use permit for a health and fitness facility. 4. Direct staff to prepare a resolution approving the conditional use permit and approving a variance for additional wall signage. 5. Continue the public hearing for additional information. 6. Table the request for additional information. STAFF RECOMMENDATION Staff recommends that the Board approve Resolution No. PC08-:)14, a resolution approving the Conditional Use Permit .for a health and fitness facility, and den"ing the variance request for additional wall signage suBject to the f:)llowing conditions: l. The internal portion of the health and athletic facility shail be allowed to have hours 01' operation of 24-hours per day. 2. Use of loud speakers is not permitted. 3. The applicant and their assigns are responsible for mitigation of any objectionable noises generated in the fitness facility that are audible in the residential areas of the building. 4. No equipment shall be located outside the building. 5. The applicant shall receive the appropriate permits for modifications done to the interior or exterior of building, or any fire protection / suppression systems. 6. A minimum of two bathrooms must be provided prior to operation of the fitness center. 7. Signage for the site shall be addressed through the sign permit application process. 8. Approval of the conditional use permit does not grant any signage approvals or variances. 9. Shall comply with the design and performance standards required by the City Code. ACTION REOUESTED Offer a motion to approve Resolution No. PC08-014, a resolution approving the Conditional Use Permit for a health and fitness facility and denying the variance request, subject to the conditions proposed, and move its adoption. /2. /ZltJ Um Planner I h:\boaa-pc\2008\04-03\080 14_ CUP _ V AR _SnapFitness.doc RESOLUTION NO. PC08-014 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A HEALTH AND ATHLETIC FACILITY LOCATED IN THE CENTRAL BUSINESS DISTRICT (B3) ZONE AND DENYING A VARIANCE TO ALLOW ADDITIONAL WALL SIGNAGE WHEREAS, Mark Allison, applicant and Shakopee EDA, property owner have filed an application dated February 2l, 2008, for a Conditional Use Permit for health and athletic facility under the provisions of Chapter II (Zoning) of the Shakopee City Code, Section llAO (Central Business District (B3) Zone), Subd. 3. (Conditional Uses); and WHEREAS, this parcel is presently zoned Central Business District (B3) Zone; and WHEREAS, the property upon which the request is being made is legally described as: See attached Legal Description WHEREAS, notice was provided and on April 3, 2008, 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 application for Conditional Use Permit No. PC08-014 is hereby GRANTED, subject to the following conditions: l. The internal portion of the health and athletic facility shall be allowed to have hours of operation of 24-hours per day. 2. Use of loud speakers is not permitted. 3. The applicant and their assigns are responsible for mitigation of any objectionable noises generated in the fitness facility that are audible in the residential areas of the building. 4. No equipment shall be located outside the building. 5. The applicant shall receive the appropriate permits for modifications done to the interior or exterior of building, or any fire protection I suppression systems. 6. A minimum of two bathrooms must be pro\ided prior to operation of the fitness center. 7. Signage for the site shall be addressed thr~:,gh [he sign permit application process. 8. Approval of the conditic",J use permit do~, ilc, grant any signage approvals or varian:;,,:. 9. Shall comply with the de~;l;n and performance standards required 't1y the City Code. NOW THEREFORE, BE IT RESOL YED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Variance for additional wall signage 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 l.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 site is allowed sufficient square footage for the applicant to adequately advertise the business 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 applicant is not due to circumstances unique to the property. The circumstances are based on the desire for additional signage beyond what is allowed by City Code. The building is located near the Intersection of the CSAH 101 Bridge and First Avenue and offers adequate visibility for this business, the location of the proposed sign would also be the most visible location from the intersection. 1.c. The circumstances were not created by the landowner; Finding J. C. The circumstances were created by the applicant as a result of the applicant's desire for signage that is over three times the size of the maximum allowed square footage. 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, as the sign that is proposed would use more than 50% of the square footage allowed by City Code for the whole building. 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 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. Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter J J (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 useyariance. 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 of the City of Shakopee, Minnesota, this 3rd day of April 2008. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director ~:i1akopee - Location 'vtl"S Page 1 of 1 I! ........ , \ . f', I 1 f I, 'I , , ___.r---- -_.~------ .,1 I I r---" " I 'I ,II 1:_---' ,^ ,'-' '" --~ .,-/' ',,' ---' 1----, -n~ "-------- ~ 'i~~--- =4 ll_------- ~----- I , , I 71- 1 I '1.-- ---- 1 C ... 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VI/ --I L r-.,-r"T, 1 'I" I 'I " '--~==~Irll L-=--=f=-=-~'I " I, rJ'} LJ4T'U " ]j-~ rTT'l--"1 \ \ \ " JJ ;=~-~=rf=\ '~~ I,', I 1,----1, I" ",_ .J - " ',--- "\', ',l--_-~ ::-1 =.!::~,~-\- I, "", I, I, "L', ,._L 5TH-A VE E ' .,., I . L....~__ -, i I, . I 1 . I ___ I , ----- ,----- .-' ..-- I I ..... ------ II " I AG---....- I , " I , , , , " , , _----..J If. ~ .-.-- " .-.....---' , .-- - .- , - , - " .--- " --- . - , --- ..." ..-' -----~ ---- ------ ~ SHAKOPEE w. s _ Subject Property ... ... Shakopee Boundary c:J Zoning Boundary D Parcel Boundary COMMUNITY PRIDE SlNCH 1857 Conditional Use Permit for Snap Fitness Faci I ity ./ . ;;'1 Htf)t1 11 http:// gis.logis.orgl shakopee/locationmap/map.asp ?ti tle=Conditional + U seT Permit+for+S... 02/22/2008 '~./SH~P ~FFT;;1rJ1'E:!:::r5- 21L11-,7 ,.;?"j<,, .- ?ropos2d Snap Fitness - River City Centre Fitness is in! The percentage of people belonging to health clubs has doubled over the past 20 years. More growth is expected, fueled by an aging Baby Boomer generation in search of eternal youth and the reality that regular exercise can prevent or control diseases that are driving health care costs relentlessly upward. The challenge is squeezing exercise into busy lives. Snap Fitness provides the solution by bringing fast, convenient and affordable workouts into local neighborhoods - minutes from your doorstep - with a compact, 24/7 state-of-the-art fitness center. At Snap fitness you enjoy the same quality equipment and workout experience offered by traditional "big box" health clubs but, without the crowded parking lots, long waiting lines and inflated dues. Moreover, member friendly policies are attractive with today's busy lifestyles - we do not require contracts and members pay month to month and may freeze their memberships when not using them. The River City Centre location will be a replacement for the facility on Canterbury Road. The Canterbury Mall facility is 1700 square feet. The new proposed location in River City Centre will be 2,133 square feet. The additional square footage will better accommodate our member's needs. Our goal is to have the River City Centre Snap Fitness operational by early Spring of 2008. The Snap Fitness business model offers a service in high demand with an operation model low in overhead expense. Our facility is small relative to the "big box" clubs. We offer only those services which a majority of time starved consumers will use with a typical fitness program. With that in mind our members can enjoy a less crowded and inconvenient experience. In fact it is rare when more than 10 to 12 members are in the club at the same time. Subsequently, most of our income is derived from monthly membership dues. For those members interested, personal training is offered by well qualified, licensed fitness professionals for very reasonable fees. Members can also develop a fitness and nutrition plan, and purchase vitamins or supplements through strategic partnerships developed by Snap Fitness. With convenience as our goal our members have access to the facility 24 hours a day, 365 days a year via a Security Card Swipe Door access system. Only active and approved members are allowed into the facility using the swipe card. The facility is locked and only available to members when our staff is not present. A Digital Surveillance System records all activity occurring in the facility. Video recordings can be accessed by management at all times and remotely via the internet. In addition, on- site two-way communication with emergency personnel is always available with the use of wall mounted or portable response buttons. Our business philosophy is based on delivering the best service possible to our members based on integrity and honesty. We are focused on building personal relationships with our members, to know their needs, and be able to help them become the best that they can be based on the services and products we offer. It is also important to have a positive impact in the community that we serve by developing trusting relationships with our neighbors, members and at the same time encouraging the professi:Jnal growth of our employees. We also look forward to developing partnerships with local businesses and strive to build cross-market prog:-:.:i!S which are win/win with our business Lsighbxs. Conven!er.::e, quality and good health at an arrorjabi,:: o:-i::e, support;:;:: j\, <:r,e inoL:;;:ry's m2'::'C progre:.~Je member policies is why Snap Fitness ;s b::i;\~ wiaeii :cce;Jt2c in communities across t:-le United Scal:es. :[ '/-' HilS [I l3 " ( \. f ;.1Z ~< l~ ~ Z:~ ~~ U~ ~~ ~rJ1 ;....j U ~ ~ > ~ ~ ~ ~ ~ o ~ -< == 00. fVI'SP" ~ <::) \ \ \ \ \ \ s1\1-' \ \-('NI'.:> __ . t ----- --- \ \ I>lJ{O ...,ns ~p~ ~ fj {x HISl[ C 'e' [) a ,- "'0 IC <p > ;J_~~" Cl ti) ., . II ~ t;;'- 1 ::3..'. . . . . . ..... . - ~'1?l.,. .~ _.- .". ''';.' ...., - ~:>> ~' . JL::I. ''?''~ ~ '~ fIR.,;:;;:l:.! r-e.: ~ -;--:ij' .....\._t; , ' -, -~' A~.'..' .,.., ~~.,:.."'i".~ ,~,T"" ""/f m rrrr,~~ "''10011111 "'" .~ .0 ..0 ::2 U ..11 . "11 (; ..:i;....:;.~."--...... ~....,...... ...,.-,..,. ;:.;:-< -Q .4:Jr, ":llt .'-';' 3!'~ c..- I' .rH 'fsr' . )i ~,~ -- ~ .. -- ~ll .c.. -"" '-1 ~' .1:) 01.> tol ~ H","" - ..J ''j .-c !' ,I, ... c::: nfJ E - o~ 0- a:~ a; .Ii! Q Q.... u: 8 ... ,,c i1I ' "" .0, ::J .aG iOi! 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LLJ If) ~~i w \) <( 2 '" ~ Q D W f- ~ o [L 2: Q 110I VI =- VI l- i!:: o 100 a z S2 VI ;: lIol = ... ~ Q = ~ ~ <I: = '" :s; o "" II> :::l U a a a 9 r.5 a ita zz ~w 1(tl.C =1l.C Q~ a.: 110I = VI!!:> 110I:..:: ~~ VlIl.C 10\19 110I ..1'- ~ ~:,;. Q VI;::: ;..: w IJI: <:() I, r.J I. I ~) Ill~ I;.! Lc; ,1.l.!1,jl; --' lJ, I:;: 91;~- (._ i <: ({) i, Olm~ I'. oj r" <JJ C:::'.fJ IIoIW :1;2= OLL: I-tL ~< ...z WIn 10\1 I-~ <t:'" ",,"'- VI ;.- -- uiS) ,- , ~Y'H(f5rr F --- f- /; !-II BrT F ,/ . CERTIFICATION OF RESOLUTION NO. PC08-014 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. PC08-014, presented to and adopted by the Board of Adjustment and Appeals of the City of Shako pee at a duly authorized meeting thereof held on the 3 rd day of April, 2008, as shown by minutes of the meeting in my possession. Dated this _ day of ,20_. Judith S. Cox City Clerk SEAL ;~f/-tlcb( fv1flJ/ OF CE fA L DESC let PI I C) /'\.; EXHIBIT B That part of Blocks 3 and 4, vacated Lewis Street, vacated Sommerville Street and vacated alley, all contained within SHAKOPEE CITY according to the plat thereof on file and of record in the office of the County Recorder, Scott County, Minnesota, described as follows: Commencing at the Southeasterly corner of Block 3, Shakopee City; thence North 80 degrees 06 minutes 40 seconds East assumed bearing along the easterly extension of the southerly line of said Block 3 a distance of 46.34 feet to the point of beginning; thence South 80 degrees 06 minutes 40 seconds West along the southerly line of said Block 3 a distance of 668.40 feet; thence North 09 degrees 53 minutes 19 seconds West a distance of 58.43 feet; thence along a tangential curve concave to the east having a radius of 85.00 feet, a central angle of 80 degrees 04 minutes l2 seconds and an arc length of 118.79 feet; thence along a compound curve concave to the south having a radius of 557.l5 feet, a central angle of9 degrees 55 minutes 49 seconds, and an arc length of96.56 feet; thence North 80 degrees 06 minutes 40 seconds East tangent to said curve a distance of 289.31 feet; thence along a tangential curve concave to the south having a radius of272.84 feet, a central angle of24 degrees 12 minutes 29 seconds and an arc length of l15.28 feet; thence South 75 degrees 40 minutes 50 seconds East tangent to said curve a distance of 62.00 feet; thence along a tangential curve concave to the southwest having a radius of 75.00 feet, a central angle of65 degrees 47 minutes 30 seconds and an arc length of86.12 feet; thence South 09 degrees 53 minutes 19 seconds East tangent to said curve a distance of 32.68 feet to the point of beginning.