HomeMy WebLinkAbout13.D.1. Appeal of Board of Adjustment and Appeals Determination Regarding Signage at the New High School on 17th Avenue
CITY OF SHAKOPEE /3. D.l.
Memorandum
CASE NO.: 07-003
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: Appeal of the Board of Adjustment and Appeals Determination on
Signage located at the new High School on 17th Avenue
DATE: January 2,2007
INTRODUCTION
ISD 720 has filed an appeal of the Board of Adjustment and Appeals (BOAA) decision
concerning a variance to allow signage with a scrolling message board. The Eroposed location
for the sign is at the new High School currently under construction at 100 17 Avenue West.
At the December 7 BOAA meeting, the Board denied the request for variance, determining that the
request did not meet all of the criteria required for granting the variance. The applicant has noted
in their appeal application that without the variance that the sign does not meet the needs ofthe
school district. The applicant further notes that the proposed sign would be similar in nature to the
sign at the existing High School on 10th A venue. The sign at the existing High School is a legal
nonconforming sign (meaning that it no longer complies with the current ordinance requirements).
A copy of the December 7, 2006 Variance staff report to the Board of Adjustment and Appeals 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.
h:\cc\2007\O 1-05-2007\appeal sign variance isd720.doc
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CITY OF SHAKO PEE
Memorandum
CASE NO.: 06-090
TO: Board of Adjustment and Appeals
FROM: Julie Klima, Planner II
SUBJECT: Variance to Allow a Sign with a Scrolling Message
MEETING DATE: December 7, 2006
REVIEW PERIOD: October 26, 2006 - February 23, 2007
Site Information
Applicant: ISD 720
Property Owner: ISD 720
Location: 100 17th Avenue West
Current Zoning: Urban Residential (R-IB) Zone
Adjacent Zoning: North: Urban Residential (R-IB)
South: Jackson Township
West: Urban Residential (R-IB)
East: Urban Residential (R-IB)
Compo Plan: Institutional
MUSA: The site is within the MUSA boundary.
DISCUSSION
ISD 720 has submitted a request for a variance to allow signage with a scrolling message board.
The sign is proposed to be located at the new High School currently under construction on 1 ih
Avenue West (see Exhibit A for location). The applicant is proposing 2 potential locations for the
sign. Proposed 10cationA is south of 17th Avenue near the school building and proposed location
B is at the southwest comer of 1 ih Avenue and County Road 79. In their application, ISD 720
notes that the intent of the message board is to communicate school and community events to the
general public.
The City Code specifically prohibits signs with a scrolling or moving message board. The
following is language from the Code.
Subd. 2. Prohibited Signs.
C. Message boards that provide any flashing, blinking, revolving or moving messages or graphics.
I
Consistent with past practice, city staff informed the applicant that an LED reader board would be
acceptable but that the message could only change once every 24 hours. The applicant wishes to
have the message change on a more frequent schedule.
FINDINGS:
Section 11.89, Subd. 2, of the City Code contains provisions for the granting ofvari~nces 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 se~s fit, aswell as
propose other findings. I
I
I
I
Criterion I: I
I
The strict enforcement of the ordinance provisions would cause undue hardship because. of
circumstances unique to the individual property under consideration. Undue h~rdship means
the following:
,
1.A. The property in question cannot be put to a reasonable use if used un'der conditions
allowed by the official controls;
Finding1.A. The property can be put to a reasonable use as a high school facility with signage
that meets the requirements of City Code.
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 applicant's desire for an alternative form of signage that is not
allowed by City Code.
1.c. The circumstances were not created by the landowner;
Finding J. C. The circumstances were created by the applicant/landowner as a result of the
applicant's desire for signage that variesfrom the requirements of the City Code.
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 in that the property is
located within and surrounded by residentially zoned properties. A sign of this design is not
consistent with the intent of the residential signage regulations as outlined in the Zoning Ordinance.
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 are not a result of 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 sign age that is inconsistent with City Coderequireinents.
2
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 insurJ compliance to
protect the adjacent properties. I
Finding 4. I
I
No conditions are proposed.
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. PC06-090, a resolution denying the variance reqvest to allow a
scrolling message board at the High School on 1 ih A venue, and move its adoption.
2. Approve the variance request to the signage as requested and direct staff to prepare a resolution
I
with findings as proposed by the Board, and move its adoption. .
3. The Board may table the request for additional information.
RECOMMENDATIONS
Staff recommends Alternative No.1, approval of Res . No. PC06-090, as presented.:
I
ACTION.REQUESTED
Offer a motion approving Resolution No. PC06-090, a resolution denying the variance request to
allow a scrolling message board at the High School on 1 ih A venue, and move its adoption.
~/~
Planner II
h:\boaa-pc\2006\12-07\var isd 720 high school sign 06090,doc
3
RESOLUTION NO.PC06-090
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA~
DENYING A VARIANCE TO ALLOW A SCROLLING MESSAGE BOARD
AT THE HIGH SCHOOL ON 17TH AVENUE
WHEREAS, ISD 720, applicant and property owner, has filed an application dated October
26, 2006 for a Variance to allow a scrolling message board sign at the new High School on 1 ih
A venue under the provisions of Chapter 11 (Zoning) of the Shakopee City Code; and !
I
WHEREAS, this parcel is presently zoned Urban Residential (R-IB); and !
I
WHEREAS, the property upon which the request is being made is legally described as
attached on Exhibit 1; and
WHEREAS, notice was provided and on December 7, 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 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 loA. The property can be put to a reasonable use as a high school facility with signage
that meets the requirements of City Code.
1.B. The plight ofthe landowner is due to circumstances unique to the property;
Finding I.B. The plight of the applicant is not due. to circumstances unique to the property. The
circumstances are based on the applicant's desire for an alternative form of signage that is not
allowed by City Code.
1.c. The circumstances were not created by the landowner;
Finding l.e. The circumstances were created by the applicant/landowner as a result of the
applicant's desire for signage that varies from the requirements of the City Code.
4
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 in that the property is
located within and surrounded by residentially zoned properties. A sign of this design is not
consistent with the intent of the residential sign age regulations as outlined in the Zoning Ordinance.
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 are not a result of 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 signage that is inconsistent with City Code requirements.
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.
No conditions are proposed.
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 7th
day of December, 2006.
Chair of the Board of Adjustment and Appeals
ATTEST:
Community Development Director
5
Shakopee - Location Maps Page 1 of 1
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SHAKOPEE 'ty
COMMUNITY PlUDE sINce ...57 S c=J Zoning Boundary
c=:J Parcel Boundary
Variance to Sign Ordinance
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ST. PAUL, MN MINNESOTA OFFICE
W~LD WOLD ARCHITECTS AND ENGINEERS
PALATINE,IL 305 ST. PETER STREET
TROY,MI ST. P AtIL, MrNNESOTA 5; r02
DENVER, CO TEL: 65I.227.7773
FAX: 651.223.5646
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DATE: 4/18/05 COMMISSION NO: 042025 FSK
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TROY, MI Sr. PAUl, MINNESOTA 55roz
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City of Shakopee
Memorandum
TO: Julie Klima, Planner II
FROM: Joe Swentek, Project Engineer
SUBJECT: Variance for Electronic Sign with ScrollingMessage
(New High School Site - 1 ih Avenue and County Road 79/Townline Avenue)
PID NO.: 27-913083-0
CASE NO.: 06090
DATE: November 9, 2006
The application indicates a request to allow for a single electronic sign with scrolling messages.
The electronic. sign is proposed to be located in one of two locations. The first location is
adjacent to the 1 ih Avenue right-of-way nearest the new high school building, approximately
midway between County Road 77 (Koeper Avenue) and County Road 79. The second location is
in the southwest comer of the County Road 79/17th Avenue intersection.
Recommendation
Should the City of Shakopee recommend approval of the variance request, the engineering
department suggests the following conditions be attached:
1. No portion of the electronic sign, above ground or below ground, shall be located within the
City of Shakopee's or Scott County's rights-of-way/easements.
2. The electronic sign shall not be located within the City of Shakopee's/Scott County's
approved sight triangles.
3. The location of the electronic sign shall not require any land disturbing activity affecting the
storage capacity ofthe existing storm water basins.
4. The applicant shall provide a detailed drawing showing the proposed location of the sign.
5. The applicant shall work with the City of Shako pee and Scott County to locate the sign in an
area so as to minimize potential impacts to public utilities.
C:IDocuments and Settings\1KlimalLocal SettingslTemporary Internet FilesIOLKAlCase.Number.06090,Variance,ElectronicSign (17th Ave HS).doc
Page I of1
NOV-2?-2006 13:32 SHA~o~EE PUBLIC UTILITIES 9524457767 P.0?
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SHAKOPEE PUBLIC UTILITIES COMMISSION
U L i g h tin g the Way - Yes t e r day, T 0 day and B e, yon d "
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director
SUBJECT: 8T AFF REVIEW RECORD COMMENTS for:
Variance for electronic sign with scrolling message board
CASE NO: 06090
DATE: 11/27/06
COMMENTS:
The Option B location either has or will have padmount switch equipment installed
in the utilities easement, as a pal.t of SPU's UG electric distribution system.
Post Office Box 470 + 255 Sarazin Street + Shakopee, Minnesota 55379-0470
(952) 445-1988 . Fax (952) 445-7767
www.shakopeeutilities.com
TnTOI. P I?l?
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LEGAL DESCRIPTION:
That part of the Southwest Quarter of the Northeast Quarter of Section 13, Township 115,
Range 23, Scott County, Minnesota, and of the North Half of the Southeast Quarter ofthe
Northeast Quarter of said Section 13, lying southerly of the following described line:
Beginning at the northeast corner of said North Half of the Southeast Quarter of
the Northeast Quarter; thence westerly to a point on the west line of said
Southwest Quarter of the Northeast Quarter, distant 175.81 feet south of the
northwest corner of said Southwest Quarter of the Northwest Quarter, and said
line there terminating;
Together with the South Half of the Southeast Quarter of the Northeast Quarter of said
Section 13;
Together with that part of the Northwest Quarter of the Southeast Quarter of said Section
13 which lies northerly of the following described line:
Commencing at the southwest comer of the West Half of said Southeast Quarter;
thence along the west line thereof, North 02 degrees 20 minutes 10 seconds west,
assumed basis of bearings, a distance of 2003 .07 feet to the point of beginning of
the line to be described; thence North 87 degrees 36 minutes 00 seconds East
952.94 feet to the northwest corner of the south 780.00 feet of the east 390.92 feet
of said Northwest Quarter of the Southeast Quarter; thence South 98 degrees 36
minutes 54 seconds East 392.21 feet to the northeast corner of said south 780.00
feet of the east 390.93 feet, and there terminating;
Excepting therefrom the following described parcel previously conveyed in Doc. No.
363111:
Beginning at the northwest corner of Lot 1, Block 2, SOUTHVlEW HEIGHTS,
Scott County, Minnesota; thence South 89 degrees 31 minutes 37 seconds West,
plot bearing, along the westerly extension of the north line of said Lot 1, a
distance of 50.00 feet to the west line of said Northwest Quarter of the Southeast
Quarter; thence North 00 degrees 24 minutes 05 seconds [West] along said west
line a distance of 54.19 feet; thence South 86 degrees 49 minutes 10 seconds
[East] a distance of 415.69 feet to the intersection with the northerly extension of
the easterly line of said Lot 1, Block 2; thence South 09 degrees 49 minutes 05
seconds East along said northerly extension of the easterly line a distance of 28.00
feet to the northeast corner of said LotI; thence westerly along the north line of
said Lot 1, a distance of 368.97 feet to the point of beginning.
Subject.to roads.
PARCEL AREA: 4,127,241, square feet (94.7484 acres), including area contained
within road easements