HomeMy WebLinkAbout15.B.2. Sign Variance for Ryan Companies-res. No. 6134
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CITY OF SHAKOPEE
Memorandum
CASE NO.: 04-096 CONSfN.T
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner IT
SUBJECT: Signage Variance - Ryan Companies
MEETING DATE: October 19, 2004
INTRODUCTION
On October 7, 2004 the City Council reviewed a request of an appeal of a determination of the Board of
Adjustment and Appeals by Ryan Companies. Ryan Companies had appealed the decision of the BOM 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. 6134, approving the variance with findings as proposed.
2 Approve Resolution No. 6134, 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 REQUESTED
Offer a motion approving Resolution No. 6134.
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RESOLUTION NO. 6134
A RESOLUTION OF THE CITY OF SHAKOPEE OVERTURNING THE DECISION OF
THE BOARD OF ADJUSTMENT AND APPEALS AND GRANTING A SIGN VARIANCE
TO RYAN COMPANIES FOR THE DEAN LAKES PROJECT
WHEREAS, Ryan Companies filed an application for variances under the provisions of
Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.70,
Subd. 5.B for project signage and Subd. 5.C for Real Estate signage; and
WHEREAS, the subject parcels ofland are presently zoned Highway Business
(B-1) and Business Park (BP) with a Planned Unit Development (PUD) Overlay; and
WHEREAS, the subject parcels of land for which the request is being made are legally
described as:
Outlots D, J, K, L, M, N, 0, and Q, Dean Lakes First Addition and Lots 1 and 2, Block 1; Lots 1,
2, 3, 4, 5, and 6, Block 2; Lot 1, Block 3; and Outlot A, Dean Lakes Second Addition; and
WHEREAS, notice was provided and on September 9, 2004, the Board of Adjustments
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 of the applicant at it's meeting of
October 5, 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 market the subject site.
Finding 2.;
The plight of the landowner is due to circumstances unique to the property. The size of
the project area and its vast frontage on a high speed roadway 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 adjacency to 8TH
169, and thus extend beyond economic considerations.
Finding 4;
The variances 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 address a development
site of this size.
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 sign variances as follows are hereby granted.
1. I project sign sized at 64 square feet to be in place until 7 days following the issuance of final
certificate of occupancy for commercial portion of the development or 7 days within the sale of
the final lot in the development, if sold to an outside party; (City Code would allow 132 square
foot sign to be in place until 7 days following the issuance of a certificate of occupancy);and
2. 5 real estate signs (2 sized at 120 square feet each and 3 sized at 64 square feet) to be in place
until the completion of the proj ect (City Code would allow 3 signs (one per street frontage) sized
at 32 square feet and must be removed within 7 days following the closing of a sale or lease
transaction).
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held the _ day of , 2004.
Mayor of the City of Shakopee
ATTEST:
City Clerk