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HomeMy WebLinkAbout3. Sign Variance for Rainbow Foods It3 CITY OF SHAKOPEE Memorandum CONSENT CASE NO.: 04-099 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner I RE: Appeal of Board of Adjustment and Appeal Denial of Sign Variance for Rainbow Foods DATE: October 26, 2004 INTRODUCTION: On October 19, 2004 the City Council reviewed a request of an appeal of a determination of the Board of Adjustment and Appeals by Rainbow Foods. Rainbow Foods had appealed the decision of the BOAA to deny a sign variance. Upon review of the appeal, the City Council directed staff to prepare a resolution approving the variance request. ALTERNATIVES: 1. Approve Resolution No. 6137, approving the variance with findings as proposed. 2 Approve Resolution No. 6137, approving the variance with revised findings. 3 Deny the request and direct staff to prepare a resolution denying the variance. 5. Table the decision for additional information. ACTION REOUESTED: Offer a motion approving Resolution No. 6137. g:\cc\2004\lO-26\appealrainbow.doc RESOLUTION NO. 6137 A RESOLUTION OF THE CITY OF SHAKOPEE OVERTURNING THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS AND GRANTING A SIGN VARIANCE TO ALLOW 230 SQUARE FEET OF WALL SIGNAGE ON THE WEST ELEVATION FOR RAINBOW FOODS FOR PROPERTY LOCATED AT 1698 VIERLING DRIVE EAST WHEREAS, Rainbow Foods has filed an application for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shako pee City Code, Section 11.70, Subd. 8 for wall signage; and WHEREAS, the subject parcel ofland is presently zoned Highway Business (B-1) Zone; and WHEREAS, the subject parcels ofland for which the request is being made are legally described as: Lot 1, Block 1, Vierling Plaza, Scott County, Minnesota; and WHEREAS, notice was provided and on September 23,2004, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director or his designee and invited members of the public to comment; and WHEREAS, the applicant timely appealed the determination of the Board of Adjustments and Appeals; and WHEREAS, the City Council reviewed the appeal ofthe applicant at their meeting of October 19,2004; and WHEREAS, the City Council's reached the following findings with respect to the requested variance and applicable ordinance criteria; Finding 1.; The ordinance provisions, as applied to the subject property, would cause undue hardship in that the applicant would be unable to effectively sign and identify the property. The inability to effectively sign and identify the property makes it practically difficult for the applicant to successfully operate their business from the subject site. Finding 2.; The plight of the landowner is due to circumstances unique to the property. The location of the building in relation to the adjacent roadways and frontage/access road make it difficult for passing motorists to adequately read the sign age, if posted in compliance with City regulations. Finding 3.; The problems relate specifically to the characteristics of the site and its substantial setback from Marschall Road and Vierling Drive, and thus extend beyond economic considerations. Finding 4; The variance as requested would be in keeping with the spirit and intent of the zoning chapter, in that the sign requirements in place are not intended to adequately address a development of this size/location. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the decision of the Board of Adjustments and Appeals is hereby overturned, and the applicant's request for a sign variance is hereby granted as requested. Adopted in session of the City Council of the City of Shako pee, Minnesota, held the _ day of ,2004. Mayor of the City of Shakopee ATTEST: City Clerk