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CR 2000-043 Variance- Sign . . e C\IY OF - HOPKINS March 15,2000 Council Report 00-43 VARIANCE-SIGN ProDosed Action. Staff recommends the following motion: Move to approve Resolution 00-20A denying a pylon time and temperature sign. At the Zoning and Planning meeting, Mr. Bartz moved and Ms. Swanson seconded a motion to approve Resolution RZOO-2, recommending approval of a pylon time and temperature sign. The motion was approved on a 6-0 vote. Mr. Engel abstained. If the City Council approves the sign variance, Resolution 00-20B should be adopted. Overview. The applicant, Graphic House, is proposing to erect a pylon time and temperature sign at the new Citizens Independent Bank located at 10901 Excelsior Boulevard. Changeable signs are allowed as wall signs within the City, but not as a pylon sign. Citizens Bank is proposing to construct a pylon sign along Excelsior Boulevard. The sign will identify the bank and have space for other tenants. The sign also has an area for a changeable time and temperature sign and will face east/west. Primary Issues to Consider. . What is the zoning ofthe property? . What does the ordinance require? . What are the specifics of the applicant's request? . What special circumstances or hardship does the property have? . What is the staff recommendation? . What was the discussion at the Zoning and Planning meeting? SupportiD1~ Documents. . Analysis oflssues . Site Plan . Sign diagram . Resolution 00-20A . Resolution 00-20B Financial Impact: $ N/A Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: CROO-43 Page 2 . Primary Issues to Consider. . What is the zoning of the property? The subject property is zoned 1-1, Industrial. . What does the ordinance require? The following are the ordinance requirements: a) that all automatic changing signs are wall signs b) that all automatic changing signs that face a residential district are located at least 500 feet from that district c) that any automatic changing sign will be included in the total allowable sign area d) electronic messages may be changed at periodic intervals by various entry and exit display modes provided that the maximum message time is 20 seconds with a 10- display frame per sequence. The message is limited to 3 per day not including time and temperature e e) where automatic changing signs are proposed along a major arterial street or within 150 feet of a traffic signal light, the sign permit shall be reviewed by the zoning administrator and director of engineering to consider the proposed location, design and hold time t) that all automatic changing signs shall be on premises g) that maximum size of the letters is 24 inches h) that a business is limited to one automatic changing sign per site . What are the specifics of the applicant's request? The applicants are proposing to construct a pylon sign for the new Citizens Independent Bank on Excelsior Boulevard. The pylon sign is proposed to have a changeable time and temperature sign. Changeable signs are allowed as wall signs, but not as pylon signs. . What special circumstances or hardship does the property have? . The Zoning Ordinance states the following: a variance is a modification or variation from the provisions of this code or variation from its provisions granted by the board and applied to a specific parcel of property because of undue hardship due to circumstances peculiar and unique to such parcel. The Zoning Ordinance also states the following: that the Commission must find that the literal enforcement of the provision of the Zoning Ordinance would cause an undue hardship because of circumstances unique to the individual property under consideration, and that the granting of a variance to the extent necessary to compensate for . CROO-43 Page 3 said hardship is in keeping with the intent of this code. In this case the subject property does not have an undue hardship · What is the staff recommendation? Staff would recommend denial of the variance for the pylon time and temperature sign, based on the fact that the property does not have a hardship. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the applicant's request with the Commission. Mike Johnson, representing Graphic House, appeared before the Commission. Mr. Johnson reviewed the sign with the Commission. Mr. Johnson stated that the newer changeable signs are much more accurate than the older ones. The Commission discussed the proposed sign and also the ordinance that allows only wall signs for changeable signs. The Commission voted to recommend approval of the proposed sign and also for staff to look at amending the ordinance to allow changeable time and temperature signs in pylon and monument signs. Alternatives. e 1. Approve the variance. By approving the variance, the applicant will be able to erect the sign as proposed. If the City Council considers this alternative, findings of fact will have to be stated that support this recommendation. 2. Deny the variance. 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CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 00-20A RESOLUTION MAKING FINDINGS OF FACT AND DENYING A SIGN VARIANCE WHEREAS, an application for Variance VNOO-l has been made by Graphic House~ and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VNOO-I was made by Graphic House on January 19, 2000; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on February 29, 2000: all persons present were given an opportunity to be heard~ 3. That the written comments and analysis of the City staff were considered~ and e 4. Legal description of the parcel is as follows: Lot 1, Block 1 Stiele Addition NOW, THEREFORE, BE IT RESOLVED that application for Variance VNOO-I IS hereby denied based on the following Findings of Fact: 1. That the property does not have a hardship for the granting of the vanance. Adopted this 6th day of March 2000 Eugene 1. Maxwell, Mayor ATTEST: . Terry Obermaier, City Clerk - e . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 00-20B RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SIGN VARIANCE WHEREAS, an application for Variance VNOO-l has been made by Graphic House; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VNOO-l was made by Graphic House on January 19, 2000; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on February 29, 2000: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of the City staff were considered; and 4. Legal description of the parcel is as follows: Lot 1, Block 1 Stiele Addition NOW, THEREFORE, BE IT RESOLVED that application for Variance VNOO-l is hereby approved based on the following Findings of Fact: 1. That the property has a hardship because of the building setback which does not allow for a wall sign to be visible from Excelsior Boulevard. 2. Location of a time and temperature sign as allowed under the code on the outside structure of the bank would give rise to a health and safety concern for County Road 3 traffic. 3. Because the bank building is in excess of 100 feet south of the traveled way of County Road 3, placement of a changeable time and temperature sign would provide little or no benefit to the vehicular traffic in attempting to observe the information provided by the proposed sign. Adopted this 21 st day of March 2000 ATTEST: Eugene 1. Maxwell, Mayor Terry Obermaier, City Clerk