HomeMy WebLinkAbout5.A.2. Uphold Board of Adjustment and Appeals Denial of Variance for Kwik Trip-Res. No. 6400
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CITYOF SHAKOPEE
Memorandum
CASE NO.: 06-041 CONSENT
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: Apri118,2006
INTRODUCTION
Kwik 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.
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. Bya 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.
On April 4, 2006, the City Council voted 4-1 to uphold the determination of the Board of
Adjustment and Appeals regarding the sign variance for K wik Trip, Inc. (proposed business at the
northwest comer of Crossings Boulevard and County Road 18), and directed staff to prepare a
resolution consistent with their vote for review at their April 18th meeting.
ALTERNATIVES
1. Approve Resolution No. 6400, a resolution upholding the determination of the Board of
Adjustment and Appeals.
2. Uphold the appeal of the applicant, thereby granting the requested CUP, 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 REQUESTED
Offer a motion approving Resolution No. 6400, and move its ado f
g:\cc\2006\04-18\appeal kwiktripsignvariance,doc
RESOLUTION NO. 6400
A RESOLUTION OF THE CITY OF SHAKOPEE UPHOLDING THE BOARD OF
ADJUSTMENT AND APPEALS DETERMINATION REGARDING
A SIGN VARIANCE FOR PROPERTY AT OUTLOT B, RIVERSIDE FIELDS 1ST
ADDITION (PROPOSED KWIK TRIP AT CROSSINGS BOULEVARD AND COUNTY
ROAD 18)
WHEREAS, Kwik Trip Inc., applicant and Shakopee Crossings, LP, 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), ofthe City of
Shakopee City Code, Section 11.90 (Appeals); and
WHEREAS, the subject parcel ofland is presently zoned Planned Residential District
(PRD); and
WHEREAS, the subject parcel ofland for which the request is being made is legally
described as:
Outlot B, Riverside Fields rt Addition; and
WHEREAS, on March 9, 2006, the Board of Adjustment and Appeals (BOAA)
conducted a review regarding a Variance request to allow a freestanding sign at the proposed
K wik Trip site, located at the comer of Crossings Boulevard and County Road 18, at which it
heard from the Community Development Director or his designee and invited members ofthe
public to comment; and
WHEREAS, the BOAA denied the Variance request at their March 9, 2006 meeting; and
WHEREAS, the applicant timely appealed the determination ofthe Board of
Adjustments and Appeals; and
WHEREAS, the City Council reviewed the appeal of the applicant at their meetings of
April 4, 2006 and April 18,2006; 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 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 would provide
advertisement for the proposed K wik Trip business, 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 J. C. The circumstances were created by the landowner as a result of their desire for
additional signage.
Finding J.D. The variance would not alter the essential character of the locality.
Finding J.E. The problems do not extend beyond economic 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 theflood plain overlay zone)
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the decision ofthe
Board of Adjustments and Appeals is hereby upheld, and Kwik Trip, Inc.'s request for a
freestanding sign is hereby denied.
Adopted in session ofthe City Council of the City of Shakopee, Minnesota,
held the ____ day of , 2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CaseIog # 06041