CR 97-81 Sign Variance- The Oaks of Mainstreet
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May 1, 1997
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Council Report 97-81
SIGN V ARIANCE-- THE OAKS OF MAINSTREET
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 97-49. approving a
variance to allow signs in the setback area.
At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Blair seconded a motion to
approve Resolution RZ97-8, recommending approval of a variance to allow signs in the setback
area. The motion was approved unanimously.
Overview.
The applicant, Real Estate Equities, is proposing to place five identification signs for the
townhome development on the southeast corner of Mainstreet and Shady Oak Road. The
applicant has requested a conditional use permit to allow the proposed signs. However, the
conditions for the conditional use permit require a 25-foot setback.
Because the signs are proposed .to be mounted on the fencing, four of the five signs do not have
the required 25-foot setback.
Staff is looking at amending the zoning ordinance in the future to have a lessor setback for these
types of signs.
Prima" Issues to Consider.
o What is the required setback?
o What are the proposed setbacks?
o Does the property have a hardship?
o What was the discussion at the Zoning and Planning meeting?
SUDDortinl!' Documents.
o Analysis ofIssues
o Resolution 97-49
o Site Plan
Nancy . Anderson, AICP
Planner
CR97-81
Page 2
Primary Issues to Consider,
o Wbat is tbe required setback?
The conditional use pennit requires a 25-foot setback.
o What are the proposed setbacks?
The proposed setbacks are the following:
o
o
o
o
northwest sign
southwest sign
entrance signs
northeast sign
30 feet
13 feet, five inches
seven feet, 2-7/8 inches
14 feet, 2-3/4 inches
o Does tbe property have a hardship?
The ordinance requires a 25-foot setback. Because this project involves right-of-way on
three sides, the building setback is less than the sign setback on the north side of the
property. In this case the building setback on Mainstreet is 12 feet. It would not be
logical to have the signs behind the buildings,
o What was the discussion at the Zoning and Planning meeting?
Ms. Anderson stated that the Zoning Ordinance requires a 25-foot setback. If the
applicant complied with this setback, in some cases, the sign would be behind the building.
Keith Jans, the applicant, appeared before the Commission. Mr. Jans stated that the signs
would be mounted on the fence, and if the variance was not granted, the signs would be
behind the buildings in some locations.
Alternatives.
1. Approve the variance to locate signs in the setback area, By approving the variance, the
applicant will be able to erect the signs as proposed.
2. Deny the variance to locate signs in the setback area. By denying the variance, the
applicant will not be able to erect the signs as proposed. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued,
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 97-49
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VARIANCE TO ALLOW SIGNAGE
IN THE SETBACK AREA FOR THE OAKS OF MAINSTREET
WHEREAS, an application for Variance VN97-1 has been made by Real Estate Equities, and;
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN97-1 was made by Real Estate Equities on March 28,
1997;
2. That the Hopkins Planning Commission, pursuant to mailed notice, held a meeting on the
application and reviewed such application on April 29, 1997: 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. A legal description of the subject property is as follows:
Parcell:
That part of the Southeast Quarter of Southeast Quarter of Section 23, Township 117, Range 22
described as follows:
Commencing at a point in a line parallel to and 660 feet West at right angles from the east
line of said Subdivision which point is 689.3 feet measured along said line Northerly from
the intersection of said line with the Northerly line of the right-of-way of the Chicago
Milwaukee and St. Paul Railroad Company; thence West at right angles 291 feet to the
point of beginning of the tract to be described; thence continuing West 382.6 feet more or
less to the West line of said Subdivision; thence North to the Northwest comer of said
Subdivision; thence East along the North line thereof; thence East along the North line
thereof to an intersection with a line drawn from the actual point of beginning parallel with
the East line of said Subdivision; thence South along said parallel line to the point of
beginning.
Parcel 2:
That part of the Southeast Quarter of Southeast Quarter of Section 23, Township II 7, Range 22
described as follows:
Commencing at a point in a line parallel to and 660 feet West at right angles from the East
line of said Subdivision which point is 689.3 feet measured along said line Northerly from
the intersection of said line with the Northerly line of the right-of-way ofthe Chicago,
Milwaukee and St. Paul Railroad Company; thence West at right angles 291 feet; thence
North at right angles to the North line of said Subdivision; thence East along the North
line of said Subdivision to a point in a line parallel to and 660 feet West at right angles
from the East line of said Subdivision; thence Southerly on an extension of the last
mentioned line to the point of beginning.
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN97-1 is hereby
approved, based on the following Findings of Fact:
1. That the site has a hardship due to the amount of frontage on a right-of-way.
Adopted this 6th day of May, 1997.
By
Charles D. Redepenning, Mayor
ATTEST:
Terry Obennaier, City Clerk
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