HomeMy WebLinkAbout15.C.1. Appeal of Board of Adjustment and Appeal Denial of Sign Variance for Ryan Companies
/5". C. / t
CITY OF SBAKOPEE
Memorandum
CASE NO.: 04-096
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: Appeal of Board of Adjustment and Appeal Denial of Sign Variance for Ryan
Companies
DATE: October 5, 2004
INTRODUCTION
Ryan Companies has filed an appeal of the Board of Adjustment and Appeals denial of a sign variance. The
variance request from Ryan Companies was as follows:
. 1 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 ofthe
final lot in the development, if sold to an outside party; (City Code would allow 1- 32 square foot
sign to be in place until 7 days following the issuance of a certificate of occupancy );and
. 4 real estate signs (2 sized at 120 square feet each and 2 sized at 64 square feet) to be in place until
the completion of the project (City Code would allow 3 signs (one per street frontage) sized at 32
square feet and must be removed within 7 daysfollowing the closing of a sale or lease transaction).
The Board of Adjustment and Appeals held a public hearing on the variance request at its September 9,2004,
meeting, and denied the request. The Board determined that the request did not meet all of the criteria
required for granting the variance. A copy of the staff report is attached for the Council's reference.
The Board did discuss this site as a "candidate" for additional signage but stated that such negotiation should
come from the City Council. Additionally, they expressed some concern that other large projects such as,
Valley Green Business Park and Southbridge have not been granted sign variances, even though they have
sizable frontage on Highway 169.
Since the September 9 BOAA meeting, the applicant has revised their request to the following:
. 1 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 1 32 square foot sign
to be in place until 7 days following the issuance of a certificate of occupancy);and
. 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 project (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).
For proposed locations of signs, please review the attached signage booklet provided by Ryan Companies.
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.
tifj/~
J ie Kluna
anner II
g:\cc\2004\10-05\appealryan.doc
:tf8
CITY OF SHAKOPEE
Memorandum
CASE NO.: 04-073
TO: Board of Adjustment and Appeals
FROM: Julie Klima, Planner II
SUBJECT: Request of Ryan Companies for a Variance to the Sign Regulations
MEETING DATE: September 9, 2004
REVIEW PERIOD: August26, 2004 to December 23,2004
Site Information
Applicant: Ryan Companies, Inc.
Property Owner: Ryan Companies, Inc.
Location: Dean Lakes PUD - North ofCSAH 16, South ofHwy. 169, East ofCSAH 83
Existing Zoning: Business Park (BP) and Highway Business (B-I) with PUD Overlay
Adjacent Zoning: North: Highway 169
South: CSAH 16
West: CSAH 83
East: Dean Lake
Compo Plan: Business Park/Commercial
MUSA: The site is within the MUSA boundary.
DISCUSSION
Ryan Companies has requested a variance to allow signage that exceeds the number and size currently
allowed by the City Code within the area of the Dean Lakes PUD that Ryan has retained ownership of.
The applicant is requesting that they be allowed to place the following signage within the development:
. 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 1 32 square
foot sign to be in place until 7 days following the issuance of a certificate of occupancy);and
. 4 real estate signs sized at 120 square feet each to be in place until the completion of the project
(City Code would allow3 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).
The applicant has prepared informational booklets on the variance request for the Boards review. These
booklets have been attached for the Boards reference. Please reference the booklets for further
information.
The applicant has also indicated a willingness to provide a Temporary Signage Update every 6 months to
assist staff in monitoring the signage existing within the development.
FINDINGS:
Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances 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 fmdings as it sees fit, as well as propose other findings.
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:
l.A. The property in question cannot be put to a reasonable use if used under conditions allowed
by the official controls;
Finding I.A. The property can be put to use as a business park and commercial development with the
signage regulations as stated in the City Code.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding I.B. The plight of the landowner is not due to circumstances unique to the property. The
circumstances are based on the applicant's desire for additional signage beyond what is allowed by City
Code. The property is highly visible from CR 83 and Highway 169, and the signage permitted should
provide sufficient visibility for the signage.
l.e. The circumstances were not created by the landowner;
Finding l.e. The circumstances were created by the landowner; as a result of their desire for additional
and larger signage.
l.D. The variance, if granted, will not alter the essential character of the locality; and
Finding I.D. 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 ofthe
ordinance.
Finding I.E. The problems do not 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 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.
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.
(Dependent on the Board's action on the request.)
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)
ALTERNATIVES:
1. Approve Resolution No. 04-073, a resolution denying the variance request to allow larger and additional
slgnage.
2. Direct staff to prepare a resolution approving the variance with fmdings as proposed by the Board.
3. Continue the public hearing for additional information.
4. Table the decision for additional information.
ACTION REQUESTED:
Approve Resolution No. 04-073, a resolution denying the varice request to allow larger and additional signage.
" 1
g:\boaa-pc\2004\09-09\varryan.doc
RESOLUTION NO. PC04-073
A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A VARIANCE TO ALLOW
ADDITIONAL AND LARGER SIGNAGE IN THE DEAN LAKES POO
WHEREAS, Ryan Companies, applicant and property owner, 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 11.89, for a Variance to allow a larger and additional signage within the Dean Lakes PUD;
and
WHEREAS, the subject parcels of land are presently zoned Business Park (BP) and Highway
Business (Bl) with a PUD Overlay; and
WHEREAS, the legal descriptions for the subject parcels of land for which the request is being
made is:
Outlots A, B, C, D, 1, 1(, L, M, N, 0, and P, Dean Lakes Ft Addition, Scott County, Minnesota; and
WHEREAS, notice was provided and on September 9,2004, the Board of Adjustment and
Appeals conducted public hearings regarding this application, at which it heard from the Community
Development Director or his designee and invited members of the public to comment; and
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 1.A. The property can be put to use as a business park and commercial development
with the signage regulations as stated in the City Code.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding i.B. The plight of the landowner is not due to circumstances unique to the property. The
circumstances are based on the applicant's desire for additional signage beyond what is allowed by City
Code. The property is highly visiblefrom CR 83 and Highway 169, and the signage permitted should
provide sufficient visibility for the signage.
1.c. The circumstances were not created by the landowner;
Finding 1. C. The circumstances were created by the landowner; as a result of their desire for additional
and larger signage.
LD. The variance, if granted, will not alter the essential character of the locality; and
Finding J.D. The variance would not alter the essential character of the locality.
I.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 I.E. The problems do not 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 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.
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 (Not applicable since 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 9th day
of September, 2004.
Chair of the Board of Adjustment
and Appeals
ATTEST:
Community Development Director
CERTIFICATION OF RESOLUTION NO. PC04-073
I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true
and correct copy of Resolution No. PC04-073, presented to and adopted by the Board of
Adjustment and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the
9th day of September, 2004, as shown by minutes of the meeting in my possession.
Dated this day of , 2004
Judith S. Cox, City Clerk
SEAL
Prepared by:
THE CITY OF SHAKOPEE
129 South Holmes
Shakopee,~ 55379
I
I
I DEAN LAKES
I Commercial Development
I Shakopee, Minnesota
I
I . , APPEAL TO CITY COUNCIL
I OF
. TEMPORARY slGNAGE
I VARIANCE REQUEST DENIAL
I BY BOARD OF ADJUSTMENTS
'AND APPEALS
I CASELOG #04073
I'
I ' SUBMITTED BY:
, I' ~~IN RYAN CO, MPANIESUS,INC
700 International Centre
900 Second Avenue South
, Minneapolis, MN 55402-3387
I 612-336-1200 tel
, 612-337-5552 fax
BUILDING LASTING RELATIONSHIPS WWW.RYANCOMPANIES.COM
I
I . DATE:
September 17,2004
I
I
I
I
I
I
I TABLE OF CONTENTS
I
I 'I. Reason for Request for Appeal 3
I II. General Project Description 4
I III. Application Summary
A. Project Team 5-6
I "
B. Ordinance Interpretation 7-8
C. Variance 'Request 8-9
I D. Variance Justification 9-10
E. Conclusion 10
I
IV. Exhibits
I A. Figure 1 - Proposed Sign Locations 11
I B. Figure 2 - Project Sign 12
C. Figure 3 - Real Estate Sign (bottom of Hwy 169 ramp) 13
. ,
I D. Figure 4 - Real Estate Sign (midpoint of north boundary) 14
E. Figure 5 - Real Estate Sign (east end of north boundary) 15
I F. Figure 6 - Real Estate Sign (Internal project location) 16
I
I -2-
I
I
I
" I. Reason for Request for Appeal,
-
I On September 9, 2004, The Board of Adjustments and Appeals held a public
hearing to review the Variance Application for Temporary Signage at the Dean
Lakes project submitted on July 29,2004 by Ryan Companies US, Inc.
I TheVari~nce request was denied by the Board. Ryan Companies is submitting
I this App~al based on a differing opinion on how our request meets the' basic
criterion of Section 11.89, Subd. 2, of the City Code, as well as a differing
interpr~tation of the City Signage Ordinance.
'I )
The City staff report presented to the Board of Adjustments and Appeals stated
that the Temporary Signage Variance request didnotdemonstrate hardship.
I The staff report also suggested that the request would violate the spirit and 'intent
of the Cify Ordinance.
I Some of the material included in this narrative comes from the original Variance
C3Pplication; however, we have added information to clarify any misunderstanding
and to demonstrate the unique aspects of the project that constitute hardship and
~I the conformance of our request to the intent of the City's Ordinance.
We ask you to recognize that the Dean Lakes project is unique not only in its
I general size, but also, in the land-uses, the length of its frontage on a freeway
with high-speed traffic, and the extended duration of the development time frame.
We also ask you to recognize how the temporary signage needs for this project
,I .that is unique in these ways differ from the signage needs ofa standard project.
Ryan Companies has expended significant time reviewing the City's ordinance,
I meeting with staff to discuss options, and preparing this application. Not only do
we feel that our application proposes temporary signage that is tasteful, and that
it does not represent any threat of sign pollution, we also have presented the City
I with a periodic review mechanism that would interim reviews of signage as the
development proceeds through various stages of completion.
I Although the Board of Adjustments and Appeals denied the Variance request,
certain members of the Board acknowledged that the City should reconsider the
language of the ordinance when reviewing large projects such as the Dean
I Lakes project. One member stated that he felt it would in fact be more
appropriate for the City Council to review this request.
I
I
I - 3 -
I
I
I II. General Project Description
I In January 2004, the City of Shakopee approved the Final Plat for Dean Lakes.
The plat subdivided 274-acres of land south of Highway 169, north of County
I Road 16, between County Road 83 (Canterbury Road) and Dean Lake.
The, approval of the Dean Lakes subdivision created a mixed-use development
I composed of three distinct communities:
. Highway Business (B1) 44 Acres
. Business Park (BP). 90 Acres
I . Medium Density Residential 42 Acres
(Remaining 98 Ac. is public right-of-way and conservation easements)
I Dean Lakes activities began in 2001. Initially, Ryan Companies, Valley Green,
and United Properties had temporary signs on the site. The signs played a
significant role in generating contacts that helped establish the market for the
I various land uses within Dean Lakes. Now that the land uses are designated,
and the land is platted, it's appropriate to reevaluate the temporary signage.
, .. . .,
I The City has demanding ordinances regulating temporary signage, even for
projects of smaller scale than the Dean Lakes project. Ryan Companies
recognizes the intent to diminish sign pollution"and has worked diligently to
I propose signs that meet our objectives within the spirit of the ordinance.
The commercial component of the Dean Lakes project alone covers 134 acres,
I has 1 % -miles of frontage on Highway 169, and an additional % -mile of frontage
on Canterbury Road. The land is divided into two different zoning districts. The
entire build-out of the commercial property is expected to take 5 to 7 years.
I During this period, the demand for temporary signage will continuously evolve.
I It is Ryan Companies' intent ~o maintain signage at 10cC!tions along the property
boundaries that will define the geographic limits of the project area, provide key
information about the various development opportunities that th~ Dean Lakes
,I project presents, and present this information at a visible scale.
please note that our temporary signs are important not only for the calls that
I come in from new parties interested in development opportunities, but also to
demonstrate that opportunities are still available to those that may already be
familiar with the site.
I When considering the size of the project, the project duration, and the diverse
and evolving nature of the temporary signs, a variance from the City ordinance is
I appropriate. In the following pages, we identify the hardship basis for the
variance request; propose a long-term plan to address temporary signage; and
suggest a process to periodically review the signage to assure its conformance
I with the terms of the temporary signage variance.
-4-
)
I
I'
I -
III. APPLICATION SUMrJlARY
I A. Project Team
I Ryan Companies US. Inc. - Applicant/Developer/General Contractor.
Ryan currently owns the 134 Acres of Gommercialland. Ryan's role as the
, general contractor and developer will be consistent for the overall project, but
I may vary with on individ!J?1 sites as the project is built out.
Ryan Companies US, Inc.
50 South Tenth street
I Suite 300
Minneapolis, MN 55403
I Individual Contacts at Ryan Companies:
,I KentCarlson, Vice Pre_sident - Overall developer
Direct dial: (612) 492-4229
I Mark Schoening, Developer - Property sales and marketing
Direct dial: (612) 492-4442
I Gen McJilton, Project Manager - Construction project manager
Direct dial: (612) 492-4334 ' -
I Lee Koppy, Civil Engineer - Site design/civil engineering
Directdial: (612) 492-4498
I Jeff Cupka, Architect - Buildingdesign/development standards
Direct dial: (612) 492-4238
I Judy Hermanson, Legal- Title work/plats and easements
Direct dial: (612) 492-4280
I Marie McCallum, Environmental - Site environmental issues
Direct dial: (612) 492-4331
I United Properties - Real Estate Broker .
Will assist Ryan Companies in the sale and marketing of the commercial land.
The primary contact with United Properties is:
I Mark Sims
United Properti~s
I 3500 West 80th Street, Suite 200
Bloomington, Minnesota 55431
I (612) 831-1000
-
-5-
I
I
I
I WestWood Professional Services -Land Surveyor _ .' .
Land surveyor on the project. Westwood has prepared existing conditions
surveys of the property, platting and easements, and performed construction
I staking services for Ryan Companies construction work. The primary contact is:
Westwood Professional Services, Inc. Scott Gyllen, RLS
I 7599 Anagram Road (95?) 937-5150
Eden Prairie, MN 55344 '
I Carl Bolander & Sons Company - Earthwork Contractor
Excavator performing the overall mass grading of the Dean Lakes project. They
also install and'maintain erosion control measures including seeding, street
I sweeping, and temporary dust control. The primary contact with is:
Carl Bolander & Sons Company David Nelson
I 251 Starkey Street (651) 224-6299
St. Paul, MN 55107
I Arcon Construction - Utilitv Contractor
ArGon is the utility contractor installing sanitary sewer, water main,and storm
. sewer for the overall Dean Lakes project. The primary contact with Arconis:
-
I Arcon Construction Dale Mans
43425 Frontage Road (651) 674-4474
I Harris, MN 55032
r,
Frattalone PavinQ. Inc. - Pavinq Contractor
I Frattalone Paving,lnc. Chad Nelson
3230 Rice Street (651) 484-0385
I St. Paul, 55126
Parties No, Longer Associated with the Proiect ,
I Valley Green, former land owner and developer, is no longer associated with the
project. Ryland Homes, having acquired the42 acres of residential property, is
not associated with thl3 commercial portion of the project. With no common
I ownership or financial interests. the commercial and residential components of
the Dean Lakes development are essentially two independent projects.
I Individual Lot Construction
The project teams will vary for each individual lot within the development as each
I site is developed. Some project teams mayinclude financial partners, or other
team positions not defined for the overall project.
I - 6 -
I
I
I B. Ordinance Interpretation
I Temporary signage is addressed in Sec. 11.70., Subd.,5- Temporary Signs in
the City of Shako pee Ordinance. Ryan Companies'met with City staff on July 15,
2004 to review the interpretation of this section of the ordinance and how it
,I pertains to our temporary signage objectives.
1. Proiect Sianaae
>
I, According to Subd. 5, B., one temporary "Project Sign" identifying the project
name, developer, designer, contractor, etc. may be installed at a construction
site. ProjectSigns areallowed a maximum of 32 square feet, and must be
I remov'ed within seven days following issuance of the certificate of occupancy.
Staff indicated thatthey will allow Ryan Companies one Project Sign, such as
I the one indicated above, forthe commercial portion of the Dean Lakes
project.
1 As individual lots within the project are sold anci constructed, individual
owners, tenants, designers, a,nd/or contractors may request permission to
post signs on their lot. Staff has indicated that ordinance would allow a 32
I S.F. Project Sign for each site to display this information, and that the
installation of such signage would be independent of the permitted temporary
sign area for the overall Dean Lakes project.
I 2. Real Estate Sianaae
According to Subd. 5, C., applicant may place one "Real Estate" sign per
I street frontage. Real Estate signs are limited to a maximum of 32 square
feet, and must be, removed within seven days following the sale or lease, or
within one year, whichever occurs first.
I. . The staff report presented to the Board of Adjustments and Appeals indicated
that the project only includes 3 frontages. Ryan Companies interpretsthe
I ordinance to conclude that the Dean Lakes project has six frontages: The
land east of Canterbury Road has three frontages (Hwy 169. Canterbury Rd.
and Co. Rd 16). The Dean Lakes project west of Canterbury Road also has
I three frontages (Hwy 169, Canterbury Rd, and Co. Rd 16). This indicates
that a total of six "Real Estate" signs could be installed measuring a maximum
of 32 S.F. each.
I 3. Address Sian
Ryan intends to maintain a construction site address sign at the appropriate
I location(s) until the construction trailers are no longer located within the
project limits. Ryan agrees to do so in conformance with Sec. 11.70, Subd. 6,
I H. Address Signs.
1 -7-
I
I
I 4. Total Allowable Temporary Sian Quantity and Area
I Staff indicated thattemporary sig~s can ,pe two-sided. ,This suggests that
each 32-square foot sign could include 32-square feet of signage on each
side for a total of 64-square feet per sign., Based on allowance forone project
I sign and six real estate signs for a total of seven signs, at 64-square feet per
sign, the total allowablesignage area would be 448 square feet.
I C. Variance Request
Ryan Companies is requesting a variance from Sec. 11.70., Subd. 5, B. and C. of
I the City Ordinance to permit signs largerthan the 32-square foot. It should be
noted that our application proposes fewer than the allowable quantity of signs,
and a reduction in the overall allowable signage area. This is accomplished by
I using a single sided sign in lieu of the permitted two-sided sign. The variance
also proposes an extension of the allowable time frame for the posting of signs
based on the actual duration of the project.
I To further clarify, we propose one projectsign~ and five real estate signs for a
total of six temporary signs. This is one less than the seve,n allowable signs. We
I " propose to construct single-sided temporary signs: two at 120-square feet, and
three at 64-square feet. This totals 432-square feet, less than the allowable 448.
I 1. ,Project Si~maae
For the overall Dean Lakes project, Ryan Companies is requesting variance
from Sec. 11.70, Subd. 5. B. for Project Signage at Dean Lakes as follows:
I a. Perl11ission to install one "Project Sign" identifying the name of the project,
architect, engineer, contractor, etc. that is 64 S.F. (larger than the 32 S.F.
allowed by ordinance - refer to Exhibit B, page 11)
I b. Permission to maintain the temporary sign described above until a date
within seven days of issuance of the final certificate of occupancy forthe
commercial portion of the project, or within seven days of the sale of the
I final lot within the development, if sold to an outside party. .
2. Real Estate Sianaae
I For the overall Dean Lakes project, Ryan Companies is requesting variance
from Sec. 11.70, Subd. 5. C. for Real Estate Signage as follows:
a. Permission to install five "Real Estate" signs (one less than the six signs
I allowable under Subd. 5, C.) two at 120 S.F. and three 64 S.F. - refer to
Exhibits C, D, E, and F on pages 12-15. Two 120 SF signs would be
I placed along the north project boundary (south side of Highway 169), one
64 SF sign is proposed at the bottom of the eastbound Highway 169 ramp,
and one 64 SF real estate sign at an internal project location. Refer to
I Exhibit A for a map of the proposed locations.
b. Permission to maintain these temporary real estate signs until the
completion of the project, or until such locations are no longer deemed
I appropriate as other Dean Lakes lots are constructed.
-8-
I
I
I This application proposes temporary signs designed to meet Ryan's objectives
I within the spirit of the City Ordinance. We propose real estate signs limited t9
critical information at sufficient locations and scales safely visible for passers->by
to see the extent of the project, and the different land-use opportunities available.
I The Minnesota Uniform Traffic Control Devices Manual (MUTCD), a standard
design guideline for roadwaysignage, requires trafficsignage along freeways to
I 'have a minimum letter height of i-inch fOfevery thirty feet of distance from the
traveled roadway. The two signs proposed to be located along Highway 169 are
120 feet from the traveled roadway, suggesting a 4;.inch minimum letter height.
I The proposed temporary signs propose letters at this minimum height.
The signs along County,Road 83 and the internal project signs are designed with
I smaller letter heights. We expect interested parties to proceed to the main
entrance where we propose to post the Project Sign referred to above to display
the overall Dean Lakes project information (project name, architect, engineer,
I contractor, etc.)
Projectsignage needs will constantly evolve over the life otthe project. In
I recognition otthat fact, we propose to~submit a Temporary Signage Update
every six months, May 1 and November 1 of each year (the approximate
beginning and end of each construction season). Each report would include an
I overall map ofthe project area showing the locations of each,sign, along with a
photo of each sign and a measured size of the sign at each location. '
I D. Variance Justification
According to City Ordinance Sec. 11.89 Variances, Subd. 2., a variance from the
I literal provisions of the City Ordinance may be granted'where specific
circumstances are met. The following is a list of the circumstances with a
statement of how they apply in this application.
I Undue Hardship=
Proiect Scale: Due to the scale ofthe project, the property cannot be visibly
I signed to meet the applicant's minimum signage objectives' by adhering to the
dimensional requirements of the ordinance. The high-speed nature of traffic,
the length of frontage on Highway 169 and the distance of the signs from the
I traveled roadway, present evident hardship.
Land Uses: The developer is proposing signage for two land uses that are
I significantly different. B 1 - Highway Commercial caters to a more retail
oriented market. BP - Business Park will include office or light-industrial type
I uses. We are also targeting qunique corporate office market in the central
portion of the site. These multiple land use opportunities cannot be
adequately' conveyed without posting multiple signs with messages specific to
the land use.
I ..9-
I
I
I No Siqn,Pollution Threat The proposed signs are designed,to be tasteful in
color and graphic content. Given the,scale of the project and the vast
I undeveloped nature of the site, these signs will not introduce sign pollution.
Furthermore, we will submit a biannual Temporary SignageUpdate to assure
I thatthe permission of this temporary signage will not alter the essential
character of the locality.
I, Please note that Ryan Companies typically receives a significant number of
inquirie~ about our projects from project signs. Although we are constantly
marketing theprop~rty though our existing networks, project signage is a very
I effectiye way of displaying the changing states of a, project oVer time.
Furthermore, these temporary real estate signs are important not only for
I generating ,calls from new customers, but are'also critical in informing those in
our existing networks that opportuni!iesarestill available.' Often when potential
land users see construction occurring ona site, they a.ssume that all properties
I are already sold or leased, if signs arenot visible stating otherwise.
Variance will Keep with Spirit and Intent of the Chapter: Ryan understands
I the intent of the ordinance and the desire of the City staff and officials to diminish
signpolh.Jtion. Our application has been prepared in this spirit.
I It is worth noting that the City Ordinance allows 1-1/4 SF of permanent signage
for each LF of front building wall length toa max of 125-SF.. To put our request
into perspective, with 200 LF along its front wall, our first proposed building alone
I could post a 125 SF sign along its front wall. This lot represents about 5-percent
. of the projects total frontage on Highway 169. By the time the project is
completed, there could easily be O\ler 1,000 SF of building signage along the
I mile-and-half of frontage on Highway 169. We are requesting 240-SF on two
120-SF signs that is subject to review twice a year under the proposed
Tempor~ry Signage Update as development progresses.
I Conditions of Variance will Insure Compliance/Protect Adiacent Properties:
The Temporary Signage Update will allow staff to enforce compliance with 'the
I ordinance as the project progresses through its various stages of completeness.
I E. Conclusion
The Dean Lakes project is a very large and complex office/industrial/retail
I project. Ryan has assumed a substantial risk in this project, but is excited about
being a partner in bringing this sustainable mixed use community to Shakopee.
I We ask you to acknowledge that our requests do not jeopardize the integrity of
the City Ordinance, and are not precedence setting when the large scale and the
mixed-use nature of the project is considered. This visibility is vital to insure that
I our sales and leasing efforts can progress over the next several years.
- 10-
I
- - _~I~ - - - - - - - - - - - - - - -
~ - --....-~. ~ ~ ~ - ~ ~ -- ~.~ -- ~ --- ~ -= -= ~'I-- ~ -= ----
~~~~ --~-~-~--
-----~
.,
/./0_,\
i 13 \
i \
'\ 13 ._ ....._
. " '. "
.....
.....
.....
')
I
I
I
N
I
~,
E
...
s
PROPOSED TEMPORARY 0 500' 1000' 2000'
SIGN LOCATIONS SCALE IN FEET
Figure 1
I
I
I
I
I I ' 6'-5" . I
I
I
I
I RETAIL, OFFICE, AND INDUSTRIAL
OPPORTUNITIES BY:
~YAN~. "Y\~W\lI'\~lI_".'.N,
:;() So..nh Tcnlh ~1T<'n:. ~1.lle 'i1O
I \11O~polu, .\iN S~lL!l1l2
6]2-4<J.2...Jnl1l'('1
(.\;1'l2.'off.....fu
BUILDING LAS n"'G "fl.TIONSHIP~ l,'("X'\('.M..t'.\1'\CU~lI';':-';II..s..UI\l
I SALES/LEASING: 1 0'-0"
.' ',["fl
~. · j':F:,r,~:
I
I "~MN '5"...
SURVEYOR:
I \\,.
-
CONTRACTORS:
I ~}"!.~.~,@J ~
I <B Carl Bolander & Sons Company
I
I 64 S.F.
I TEMPORARY PROJECT SIGN
I Figure 2
I I
I
I
i I
I
: I
I.
I
I I I. 8'-0" .1
I
: I
I HIGHWAY COMMERCIAL OPPORTUNITIES
I I RETAIL, OFFICE, RESTAURANT, ETC.
I @
I I
I
I BUILDING LASTING RELATIONSHIPS 8'-0"
(612) 492-4000
I SALES/LEASING BY:
I II,Hr;.u
I
I PkJ-,.PERTIES
I : If 1 2} &3 ] - ~ (100
I I
I 64 SF
I
REAL ESTATE SIGN
I BOTTOM OF HWY 169 E.B. RAMP
I Figure 3
-- --- -- - ------
-- ----- - --- - - - -- - --
I
i I I 10' I
I I
Ii I OFFICE/INDUSTRIAL
BUILD TO SUIT - SALE OR LEASE
I
!I @
I
i I
I
I BUILDING LASTING RELATIONSHIPS 12'
i I (612) 492-4000
I SALES/LEASING BY:
I ,- C I -- - T""
I r \oll J"'~ L '
I I 4~, I '--
I
; ~", ~ ( )~) E L ( r' c: I ~
I I II ...-- 1_ ---
(
I ; (e ] 2) [3 3 ~~ - 1 COO
: I
.
I
I
i I
I
120 S.F.
I I
REAL ESTATE SIGN
I I MIDPOINT OF NORTH PROPERTY LINE
I Figure 4
- ---- --- - --- - --------
---------
I
I I 10' I
I
I OFFICE/INDUSTRIAL
BUILD TO SUIT - SALE OR LEASE
I
I @
I
I
I BUILDING LASTING RELATIONSHIPS 12'
I (612) 492-4000
I SALES/LEASING BY:
)1 rr:.r~
I I · _~I I iI.,J . l.. _ )
I
I
I .. ..( " > ,- r ,- r - ~
I I [_ _ _
I 1.- _,e _"... ..1-........"
I
I I f 13 I ~) f) j J. ~i ~. )~)
I ,
J
I
I
I 120 S.F.
REAL ESTATE SIGN
I EAST END OF NORTH PROPERTY LINE
Figure 5
I
I
I
I
I
I I
I I ' 8'-0" .1
i I
BUILD TO SUIT LEASING
I BUSINESS PARK, CORPORATE OFFICE
@
" I
i
I
I
i
i
I
I BUILDING LASTING RELATIONSHIPS 8'-0"
,
(612) 492-4000
I SALES/LEASING BY:
I IlH"rE:O
: J=.'RC f.. E=f~TIES
, I Ic81?R31-1000
.
I
I 64 S.F.
I
REAL ESTATE SIGN
I INTERNAL PROJECT LOCATION
I Figure 6