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Home My WebLink About2. Application from Snap Fitness (WAM Fitness) for Sign Variance-Res. No. 6769 CITY OF SHAKOPEE Memorandum CASE NO.: 08-024 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Kyle Sobota, Planner I RE: Appeal of the Board of Adjustment and Appeals Determination by WAM Fitness DATE: Apri129, 2008 INTRODUCTION Mark Allison, representing WAM Fitness has filed an appeal of the Board of Adjustment and Appeals (BOAA) decision that denied a variance to allow additional wall signage at 205 First Avenue East. On April 8, the City Council heard the request for appeal by the applicant and directed staff to prepare a resolution upholding the determination of the BOAA. On April 22, the City Council voted to approve the variance request, subject to conditions, and directed staff to draft a resolution of approval of a 27.29 square- foot sign. ALTERNATIVES 1. Offer a motion to approve Resolution No.6769, and move its adoption. 2. Direct staff to prepare a resolution granting the appeal of the applicant. 3. Table a decision and request additional information from staff and/or the applicant. ACTION REQUESTED Offer a motion to approve Resolution No. 6769, and move its adoption (Alternative No. 1). Kyle Sobota Planner I RESOLUTION N0.6769 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING A VARIANCE FORA 27.29 SQUARE-FOOT WALL SIGN AT 205 FIRST AVENUE EAST WHEREAS, WAM Fitness, applicant, and Shakopee EDA, property owner, have 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 Shakopee City Code, Section 11.90 (Appeals); and WHEREAS, the subject parcel is presently zoned Central Business District (B-3) Zone; and WHEREAS, the subject parcel of land for which the request is being made is legally described as: See Attached Legal Description; and WHEREAS, on Apri13, 2008, the Board of Adjustment and Appeals (BOAA) reviewed a variance request to allow a wall sign larger than City Code allows at 205 First Avenue East, at which time it heard from the Community Development Director or his designee and invited members of the public to comment; and WHEREAS, the BOAR denied the variance request at their Apri13, 2008 meeting; and WHEREAS, the applicant timely appealed the determination of the Board of Adjustments and Appeals; and WHEREAS, the City Council reviewed the appeal of the applicant at their meeting of Apri129, 2008; 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: That the application for Variance for additional wall signage is hereby APPROVED, based on the following findings with respect to City Code Sec. 11.89, Subd. 2, "Criteria for Granting Variances." 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: X.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 cannot be put to a reasonable use under the official controls. 1.B. The plight of the applicant is due to circumstances unique to the property; Finding I.B. The plight of the applicant is due to circumstances .unique to the property. River City Centre has several tenants and by City Code is limited to a 'total of 100 square feet of signage on the north side of each building. 1.C. The circumstances were not created by the applicant; . Finding 1. C. The circumstances. were not created by the applicant in that a limited amount of signage was available to advertise his business based on City .Code. 1.D. The variance, if granted, -will not alter the essential character of the locality; and Finding LD. 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 LE. The, problems do 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 be in keeping with the spirit and intent of Chapter 11 (Zoning).- Criterion 3 The request is not fora use variance. Finding 3 The request is not muse variance. Criterion 4 .Variances in the flood plain overlay zone also shall meet the following criteria: Finding 4 (Not applicable since the property is not within the flood plain overlay zone.) BE IT FURTHER RESOLVED, that the variance to allow_a 27.29 square-foot sign subject to the following conditions:. 1. The sign must match the drawing by Schad Tracy Signs dated 4-18-08 provided to city staff. 2. The sign area rxlust not exceed 27.29 square-feet. 3. The applicant must receive an approved sign permit prior to installation of the sign. 4. This variance only applies to signage on the north side of -the building and will expire ..after one year if the sign is not installed. Adopted in session ofthe City Council of the City of Shakopee, Minnesota, held the day of April, 2008. - Mayor of the City of Shakopee ATTEST: City Clerk Caselog #08-024 THE COLORS 5HOWN iN TN15 DRAWING ARE FOR ILLU5TRATION f URl'05E5 ONLY AND MAY NOT BE A TRUE izEi'RESENTAT(ON OF ACTUAL COLOiz~ - A. CHANNEL LOGO, FAGS=#7328 !'LEX WHITE `.r, TRlM =BLACK, RETURNB =RED, LED =WHITE 3M TRANSLUCENT VINYL OVERLAY ~ ~T,,~ ~ „ ~ ~ ~g~ - SLATE GREY #~BO-(~1 ~,"r~-~' 1, ~ ~ ~ s.• v~ _ _ - At~DINAL RED #~6~0-5~ _ . CHANNEL LETTER, FADE=#7328 RED, TRIM=FLACK RETURNS ~ RED, LED =RED r _ _ r ~,a~H . ~ _ C. CHANNEL LETTER,. FA E=#7328 WHITE, Tt~iM=BLACK - RETURNS = REI?, LED =WHITE _ .1 - D. CHANNEL LETTER. FACE=#2283 RED. TRIM=BLACK - RETURNS =RED, LED =RED - E. RACI~.WAY PAINTED TO MATCH BUILDING BACK ~LEVATi!~?fN t ~?j'-~" TYPICAL L.E.D. RACEWAY MOUNT ,(T3~y Ch1ANNEL LETTER SECTION DETAIL t t.,W( ' l f CHANNFTRIM CAP ~ Y. ~t ~ ~ r ..._~^Y.__~"+ P _ L~ L E D U ~ MOUNTING NARDWAR }}tnom~ J } .".i 1 j _ 1V" ~1 ~L..x? ~ fJ ~ G ~3 F NITS ¢ ~ t ~ -T 1RACEWAY - f ~ f f -C..,f Ali - f +~~y~ ~^t WtR2tONNECTGR PAIM1TfiO TO MASON E EP x -f '...wr 7 / ~ t d _ -:_Y . 9 [ MODNtWOBUki'ACE f 1 1 » ~ ACRYLIC PACE ,t...qq..,.... ----•t-- . L.. ,p q ' 1tf» § 1~.~» t~.~,. - - _ `-CONNECIOA PENETRATIONS SEALED . vnTN 00.xoRE E' ;--I+OWER SUaaLV t30 VOLT SERVIC[ q J~'tt y ry M ,t .-J .GROMMET 13,2 ~tXe F 1. - ?.7L ?tX.. 1 1. 'T~/ ~llX. F 1. _ ^ ~ I LDW vOLTAUE WIkE OAO ACUMINL'M RETURN A50ALUMWUM DACK TQTAL ~Q. X7.29 COSTUMER E)i2A1YN E4Y N+fTHAPPR4uRLRFTy15DRAWiNG1HEREI3YE~itESC;ihr~7KA;Y ~l;3N P~ptYt;65Cft~t THIS L712AVVING IS THE M'f2(73SER1Y C3F SNAP FI7N~~5 24-'7... L~ARF,EI~ it; PiF.~~iiY PF.'£lUi3t;a i~tv n~ TFiE .SiG'JAt~E 1I.iU..,iRATE€r !fk i !15 ~C`€tk.V~c~T.: hiiFEF 325 \41NNt5C)TA AZ!E. N. 1610 E. CLIFF RD. thAf nl_T?~E 5t tCli"-ICA"tC.313c 9 'Z NG ''fit v' i~vi) eLEYnt14w5 LI X33 iFv ~{I: F!O. ROX 357 I)URNSYILLF_, '11N 55337 CITY STATE SALES REP. ~~~~t,{ l:~i~lli. ' i -'..3' HAt`~,01'E's MtJ A+'~.E~RRE'~ ~13(iAPP,~aL~1?, ftPlY Cf rdfESTG ;v G'Rn4V1:~3G, F E~P~~„~N31'JR ORflNflCfl. M3~1559GO • s PIIL)NE,i952.89E1-?421 RISE, ~ • tiA~ ~~h?TE.4kll.;, RF53f'_t"!"<Al7D !;>fvnLLfi~,R~F~. PHONE 1507.367.2631 _ ~ FAX ! 952.894-2748 FILE NAME SCALE FAX{507-367.2633 TnTsinn~>ict„~t~,; R.6A-363-03-13-Q8 1/4"-9'-t?`= GUSTOMEB APPRQYAL._-.-.._ _ - - BATE _ UI2iG. [)ATE U3113tJ~ REY. BATE 0411!03 REYISION~ 7 FONTS LlSEd: iMPCiF:TED IfvIFiGE I ~ ~ ~ L ~.r5 C ant f' ll c~ ~ EXH:II3IT B That part of Blocks 3 and 4, vacated Lewis Street, vacated Sommerville Street and vacated alley, all contained within SHAKOFEE CITY. according to the plat thereof on file and of record in the office of the County Recorder,. Scott County, IVlinnesota, 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 IZ seconds and an arc length of 118..79. feet; thence along a compound curve concave to the south having a radius of 55.7.15 feet, a central angle of 9 degrees 55 minutes 49 seconds, and an arc length of 96.56 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 of 272.84 .feet, a central angle of 24•degrees 12 minutes 29 seconds and an arc length of 115.28 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 of 65 degrees 47 minutes 30 seconds and an arc length of 86.12 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.