VN 87-04 • ��,
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CITY OF HOPKINS
�APPLICATION FOR: AMENOMENT OF ZONING ORDINANCE DATE: �S—/—���
CONCEPT REVIEW
CONOITIONAL USE PERhiIT CASE N0: ��I� � 7— �
SUBDIVISION APPROVAL FEE: ����� �
VARIANCE _ C
WAIVER OF PLATTING REQUIREMENTS
DATE PAID:
1. Street Location of Property:
2. Legal Description of Property:
3. Owner: Name Miawest Auto Malls Address Phone
4. Applicant's Name: Miawest Auto Malls Address Phone
5. Description of Request: Approval of signage program as submitted
Zoning District Use
�. Present Proposed 7. Present Proposed
B-3 B-3 Auto Mall Auto Mall
'�- Sq. Foo�aae allowed - 47Q.? 9 Requested Sq: Ftg. - 1280
8. Reason for Request: Site has two blocks of frontage on excelsior Ave but siqnacie allowance
is being based on 1/2 block of llth Ave. Building orientation (Front doors are on Exc. Blvc
Two pylon signs are requested to direct traffic into 9th and llth Ave entrances. (See below)
NOTE: If request is for variance, please also complete attached page.
9. What error, if any, in the existing Ordinance would be corrected by the proposed amendment?
(for Zoning Ordinance amendment only)
See Answer to question #8-
10. Exhibits submitted:
Map or plat showing the lands proposed to be changed
Other Site plan and rendering showing building orientation.
11. Acknowledgement and Signature: The undersigned hereby represents upon all- of the penalties
of law, for the purpose of inducing the City of Hopkins to take the action herein requested,
that all statements herein are true and that all work herein mentioned will be done in ac-
cordance with the Ordinances of the City of Ho kins and the� laws of the State of Minnesota.
Signature of Applicant: —
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Signature of Owner: � ' A
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* City traffic studies show traffic needs to be encouraged use both entrances to ensure
that roads have capacity to handle R.L. Johnson Development.
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RECORO OF ACTION TAKEtd BY PLANNING & ZONING COMMISSION
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Date: 5/26/87
Application for Variance - Sign
CASE N0: VN87-4
PLANNING COMMISSION RECOMMENDATIONS
On the 26 day of Ma 19 87 , the action requested in the foregoing petition
was approved ( � disapproved subject to the following conditions:
l.That no temporary signs are used including tempera paint on wi , . T t the businesses
will have uniform signage, 3. That 3 ft. letters be allowed f f s ' both upper and
lower case lettering is used & 2 ft. letters if only upper case ' s
Chairman:
CITY COUNCIL ACTION
Approved Denied by the Council this 2 day of June 19 87
Approved with following amendment: Variance approved in part, by allowing the total sign
area to be no more than 1144 sq. ft. but that all individual signs meet the requirements of
the sign ordinance a�ith the Conditions stated by the Zoning & Planning Comr�ission.
Resol uti on No. 87-51 �-�— C ' �
C 1 e r k: --� � c�� '-�- --�
Following to be filled in by City Action of City Officials
Chronolo Date B
Rec'd by Bldg Dept.
Published by Bldg Dept.
On P1 . Comm. Agenda 5/26/87 JK
P1 . Comm. Postponement
Pl . Comn. Action 5/26/87 JK Recommend approval with Conditions stated above
On Council Agenda 6/2/87 JK
Council Postponement ,
i
, —�.
'Council Action 6/2/87 JK Approved in part - see Resolution No. 87-5.
b/16/87 JK Council moved to reconsider the individual sign
area then voted to deny the request. Motion
carried.
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Citv Counci [ Report
June 10 , 1987
MIDWEST AUTO MALLS
BACRGROUND: At the May Zoning and Planning meeting the
Commission approved two sign varianees for the Midwest
Auto Mall Pro�eet (NW corner of 11th Avenue & County
Road �3) . The City couneil subsequently approved the
variance request to allow them to exceed the total
square footage of signage allowed for the site.
However their request to exceed the maximum sign area
of 80 square feet per sign was denied .
The applicant was present at the Zoning and Planning
meeting but not for the City Couneil meeting. They
have stated they were not aware of the council meeting
concerning their application and would therefore like
to have this item reconsidered .
� ANALYSIS: The staffs coneurs with the action taken by
the City Council on this matter. There appears to be
legitimate hardship to grant the one variance as
approved because of the significant amount of frontage
along County Road #3 . However, there appears to be no
demonstrated hardship for permitting them to have
larger signs than allowed by ordinanee . Eighty square
feet per sign is allowed . Because of the proximity of
the site to County Road �3 , and the significant amount
of signage they will be permitted (5�1� square feet more
than the ordinance with approval of their one variance
request) they should easily have adequate exposure to
the passing motorist .
It should also be noted that staff contends the
applicant was informed of the Council meeting on this
item.
525 • 17 of the Zoning Ordinance states that a request of
a variance or conditional Use Permit which has been
denied shall not be considered until a period of six
months has elapsed unless the Commission finds that the
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--- 87-133 �
No.
� conditions or other factors present at the time of
denial have substantially ehanged . The Council will
have to make the decision on whether they want to
reconsider this item.
ALTERNATIVES• +
1 . Reconsider varianee to exceed 80 square feet
per sign and deny.
2 . Reconsider varianee to exceed 80 square feet
per sign and approve .
3 . Do not reconsider item.
RECOMMENDATION: Recommend Alternative �1 , this will
allow the applicant the ability to present their case
to the Council . However, without a hardship the
varianee should be denied .
Respectfully submitted ,
James D. Kerrigan
Director of Planning &
� Economic Development
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FOR VARIANCE APPLICATION ONLY
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NOTE: The purpose of a variance is to provide relief to a property owner when
the strict enforecment of the Zoning Ordinance would cause an undue hard-
ship to the property owner or deny reasonable use of the property.
�Hardshi� to the applicant is the crucial test. Variances will be granted
only in unusual situations which were not foreseen when the Zoning Ordin-
ance was adopted. Economic situations are seldom unique and are rarely
considered a valid hardship.
Hardship A.
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship:
Considering that th�re are seven separate businesses within the mall
and their entrances are located and distributed along a two block area,
we believe that the square footage should be re-assessed.
Conditions B.
� �
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to this property and
do not apply generally to other properties in the district?
List of Homeowners
Contacted by Applicant C.
Submit a list of names and addresses of neighbors contacted.
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� Citv Counci [ Report
May 27 , 1987 �
VARIANCE - SIGN
Midwest Auto Malls
PURPOSE: To review and recommend action on a variance
request to exeeed the square footage alloxed and
maximum sign area .
BACKGROUND: See staff report to Zoning and Planning
Commission . Richard Lang of Sign Consultants appeared
before the Commission and reviewed the proposed
signage .
The staff recommendations are as folloWs:
1 . variance to sign area is necessary
2 • 90 square feet of sign area on pylon signs
�-- is not necessary and 80 foot requirement
should be enforced
3 . fascia signs should be 2 feet high maximum
CCDC had reviewed the signage and made the following
comments:
- the variances were needed
- that the pylon signs should be limited to
80 square feet
- the fascia letters be limited to two feet
Mr. Shirley Was coneerned that the windows xould be
painted with signage . Mr. Lang stated the tenants are
not allowed window signs .
I
Mr. Lang stated they need 90 square feet of the pylon �
signs because there will be seven tenants and with the
extra square footage will be able to get all the
tenants on the pylon sign .
I
Three foot letters will allow the fascia signs to have �
upper and lower case letters . The two foot letters are
all upper case .
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-- N o, 8�-�2�
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Council Report 87-121
Page 2
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RECOMMENDATION: The Commission recommended to approve
the variances unanimously With the following Findings
of Faet and Conditions:
1 . That a .hardship exists due to the shape of
the property.
2 . That a hardship exists because of the amount
of frontage the site has .
Conditions :
1 . That no temporary signs are used including
tempra paint on the windoxs .
2 . That the businesses will have uniform
signage .
3 . That 3 foot letters be a1loWed for fascia
signs if both upper and lower case lettering
is used , and 2 foot letters if only upper
case is used .
Respectfully submitted ,
�
`� Nancy Anderson
Community Development
Analyst
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RESOLUTION N0: 87-51
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
APPLZCATION FOR VARIANCE VN87-4
WHEREAS, an application for a Varianee entitled
VN87-4 has been made by Midwest Auto Malls to allow more
signage than permitted at the northeast corner of County
Road �3 and 11th Avenue South.
WHEREAS, the prooedural history of the application
is as folloxs:
1 . That an application for Varianee VN87-4 was filed
with the City of Hopkins on May 1 , 1987.
2. That the Hopkins Planning Commission reviexed such
application on May 26 , 1987.
3• That the Hopkins Planning Commission, pursuant to
mailed notices, held a public hearing on May 26,
1987; all persons present at the hearing were
given an opportunity to be heard.
4. That the written comments and analysis of the City
Staff and the Planning Commission were eonsidered.
NOW THEREFORE, BE IT RESOLVED, that the Hopkins
City Couneil makes the following Findings of Faet in respect
to VN87-4:
�_
1 . That a hardship exists due to the shape of the
property
2. That a hardship exists because of the amount of
frontage the site has.
BE IT FURTHER RESOLVED, that application for
Variance VN87-4 is hereby approved , in part, by alloxing
the total sign area to be no more than 1144 square feet, but
that all individual signs meet the requirements of the sign
ordinanee, sub�eet to the folloWing oonditions:
1 . That no temporary signs are used including tempera
paint oa the windows.
2. That the businesses xill have uniform signage.
3. That 3 foot letters be alloxed for fascia signs if
both upper and loHer case lettering is used, and 2
foot letters if only upper case is used.
Adopted this 2nd day of June, 1987 .
Ellen Lavin, Mayor
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�- �P(annin� Commission Report�
'VARIANCE REQUEST - SIGNAGE
Midwest Auto Malls
PLANNING COMMISSION
REPORT N0: VN87-4 MAY 14 , 1987
PURPOSE: To review and recommend action on a variance
request to exceed the square footage allowed and
maximum sign area.
BACKGROUND•
Name of Applicant: Midwest Auto Malls
Address of Property: Northeast corner of
County Road �3 & 11th Avenue South.
Present Zoning: B-3
Nature of Request: Ordinance allows 470 .79
square feet for signage , applicant is
requesting 150k sq . ft . and to have all signs
�-- exceed the maximum square footage of 80
square feet .
Reason for Request : Site has two blocks of
frontage on County Road 3 , but signage
allowance is being based on 1 /2 block of 11th
Avenue .
The applicant is requesting variances to exceed the
maximum square foot allowed and to exceed the maximum
size allowed The total square footage of the eleven
building sign fascias is 11 �14 square feet . The fascia
signs range from 84 to 16u square feet . The two pylon
signs proposed will have 90 square feet per side for a
total of 360 square feet .
The ordinance allows 3 square feet per front foot of
lot and a maximum area of 80 square feet .
The subject property has a front lot line on 11th
Avenue which allows the site 600 square feet for
signage .
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No.
UN87-4
Page 2
The pylon signs meet the required setbacks . They will
�-- be located on the southwest and southeast corner of the
site. The Director of Engineering has reviewed the
pylon signs for visability and found them acceptable .
The sub�ect site has a total of seven separate auto
related businesses on the site . The plan as proposed
shows each business with one sign and four businesses
having two signs on the fascia. The businesses with
two fascia signs have visability from two directions .
The maximum height of the letters on the fascia will be
three feet . The tenant will have a choice of 2 or 3
foot letters . All letter faces will be flat aerylie .
The color choices are determined by the tenant and
approved by the landlord . All of the fascia signs will
be made out of the same material . The tenant will have
the choice of having illuminated or non-illuminated
letters .
The two pylon signs will have brick columns on the side
for support. The height of the pylon signs will be 25
feet . The tenant will be allowed a maximum letter
height of 10" and a maximum line length of 6 ' 8" . The
pylons will be backlite . Each tenant will also be
identified on the pylon signs . '
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The site is surrounded by the fire station to the
north, an industrial district to the east , the
R. L. Johnson property to the south and an apartment
building to the west . One pylon sign and one faseia
sign will be visable to the residential district .
This site is unique because of the great amount of
frontage it has . If County Road 3 were the sites front
yard , the development would have sufficient square
footage to allow for all the signs the applicant is
requesting. Because of the seven different businesses
located on the site , the need for more signage exists
than if there existed a single business . The signage
as proposed is proportional to the size of the
buildings and site . The building is oriented towards
County Road 3 , away from the residential district .
Most of -the signage will be facing County Road 3 , whieh
is where the applicant will be drawing most of the
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UN87-4
Page 3
customers from. The applicants varaince to exceed the
maximum square footage is the amount that would allow
� all the faseia signs to have 3 foot letters . If only 2
foot letters were allowed , the variance would be
reduced while still providing adequate signage for the
development .
ALTERNATIVES•
1 . Approve. the variances for square footage and
size .
2 . Deny the varianees for square footage and
size .
3 . Approve the varianee for square footage , but
deny the variance for size .
�1 . Approve the variance for size , but deny the
variance for square footage .
5 • Continue for further information .
6 . Approve both variances , but allow only 2 foot
letters for the faseia signs .
RECOMMENDATION: I recommend Alternative �6 . The
following are suggested Findings of Fact and Conditions
should the Commission recommend approval:
1 . That a hardship exists due to the shape of
the property.
2 . That a hardship exists because of the amount
of frontage the site has .
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Conditions :
1 . That no temporary signs are used .
2 . That the businesses will have uniform
signage .
3 . That 2 foot letters be used for the fascia
signs .
Respectfully submitted ,
Nancy . Anderson
Community Development
Analyst
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