CR 97-142 Sign Variance Boston Gardent v
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July 31, 1997 ~ o p K ~ ~' Council Report 97-142
SIGN VARIANCE--BOSTON GARDEN
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 97-75, denying a sign
variance to allow more signs@e than allowed and anoff-premise sign.
At the Zoning and Planning meeting, Mrs. Boen moved and Mr. Blair seconded a motion to
approve Resolution RZ97-15, recommending denial of a sign variance to allow more signage
than allowed and an off-premise sign. The motion carried unanimously.
Overview.
The applicant, Ed Hanlon, has leased the southwest corner of his building to another tenant.
This new tenant will need signage for the business. There currently is a Boston Garden sign
on the leased space. Because the area where the Boston Garden sign is located is not the
space occupied by Boston Gazden, the sign is considered anoff-premise sign and is not
allowed in that location. Also, with the Boston Garden sign located on the leased space, the
new tenant space will have too much signage with the proposed signage.
Primary Issues to Consider.
o What is the property zoned?
o How much signage is a building allowed in the B-2 zoning district?
o Where are off-premise signs allowed?
o Does the property have a hardship?
o What was the discussion at the Zoning and Planning meeting?
Sunaorting Documents.
o Analysis of Issues
o Letter from Ed Hanlon
o Site Plan
o Resolution 9?-75
Nanc .Anderson, AICP
Planner
CR97-142
Page 2
Primarv Issues to Consider.
o What is the zoning of the property?
The subject property is coned B-2, Central Business.
o How much signage is a building allowed in the B-2 zoning district?
A building is allowed two square feet of signage per front foot of building. Since the building
is divided into several businesses, each business is allowed its own signage.
The following is the amount of signage allowed for each business:
o Boston Garden - 60 feet of frontage, 60 x 2 =120
o New tenant on corner - 30 feet of frontage, 30 x 2 = 60
o Old Community Credit building - 30 feet of frontage, 30 x 2 = 60
o STS Temporary - 20 feet of frontage, 20 x 2 = 40
o Where are off-premise signs allowed?
The Zoning Ordinance defines anoff-premise sign as the following: Sign -advertising
(billboard): a sign that directs attention to a business, commodity, service or entertainment
not exclusively related to the premise where such sign is located or to which it is affixed.
These types of signs are allowed only in the industrial districts.
How much signage will be on the new tenant's building with the Boston
Garden's sign?
The existing Boston Garden sign is 36 square feet. The new tenant wants approximately 54
square feet of signage. The new tenant's space would have an excess of 30 square feet of
signage.
Does the property have an undue hardship?
The zoning ordinance defines undue hardship as the following: that the property in question
cannot be put to a reasonable use if used under conditions allowed by the official controls, the
plight of the landowner is due to circumstances unique to his property not created by the
landowner, and the variance, if granted, will not alter the essential character of the locality.
The property does not have a hardship to warrant the granting of a variance. The applicant
can take the sign down, which would solve the problem. The applicant could also move the
sign to the back of the building.
CR97-142
Page 3
o What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request for the variance. Ms. Anderson stated that the
sign could be moved to the rear of the building and meet the requirements of the sign
ordinance. Ed Hanlon, the applicant, appeared before the Conunission. The new tenants
were also at the meeting. Mr. Hanlon stated that the building is the largest store front in the
B-2 district and that the sign is an asset to the building. There was discussion regarding
whether the applicant had a hardship for the granting of the variance. The Commission
indicated that there was no hardship for the granting of the variance.
Alternatives.
1. Approve the sign variance. By approving the sign variance, the applicant will be able to
keep the existing Boston Garden sign on the west side of the building. If the City Council
considers this alternative, findings will have to be identified that support this alternative.
2. Deny sign variances. By denying the sign variances, the applicant will have to remove the
Boston Garden sign on the west side of the building.
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: 97-75
RESOLUTION MAKING FINDINGS OF FACT AND
DENYING A VARIANCE TO ALLOW SIGNAGE
WHEREAS, an application for Variance VN97-2 has been made by Ed Hanlon, and;
WHEREAS, the procedural history of the application is as follows:
That an application for Variance VN97-2 was made by Ed Hanlon on July 3, 1997;
2. That the Hopkins Planning Commission, pursuant to mailed notice, held a meeting on the
application and reviewed such application on July 29, 1997: all persons present were
given an opportunity to be heazd;
That the written comments and analysis of the City staff were considered; and
4. A legal description of the subject property is as follows:
Southerly 62 feet of Lots 13, 14 and 15 Block 69 West Minneapolis Second Division
NOW, THEREFORE, BE IT RESOLVED that application for Variance VN97-2 is hereby denied
based on the following Findings of Fact:
1. That the site does not have an undue hardship.
2. That the applicant has reasonable use of the property without the granting of the variance.
Adopted this 5th day of August, 1997.
Chazles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
July 1, 1997
1. Sped the ordinance from which a variance is sought.
Allow anoff-premise sign and additional sign space.
2. Explain why you wish to vary from the applicable provisions of the ordinance.
Permit a retail sign to remain on a building in a location that is near, but not directly
over the place of business that it originally desienated. i.e. BOSTON GARDEN is
often referencing the buildine location on the corner of 11th and Mainstreet and not
just the business itself.
3. Explain why the strict enforcement of the Ordinance would cause an undue
hardship or deny reasonable use of the property. Hardship to the applicant is the
crucial test.
The sign itself is less than a year old. It is constructed of expensive neon and
plastic that would most likely be destroyed if removed and/or relocated. Damage to
the building would also be likely. The final desiggof the new Art Center blocks the
view of a large section of the building's West facing wall. Relocating ~e si tigc o the
North end of that wall would make it far less of a service to those approaching
from the West. The building itself has become known as the BOSTON GARDEN
Building and would appropriately deserve the recognition as such.
Less than anticipated economic development results have forced the restaurant to
"down size". thus vacating the portion of the building that is directly under the
existin sien. Not having a westerly exposed sign would further confuse the retail
patrons and potentially worsen the economic vitality of the restaurant.
Further there will be a need to add an additional 50 (~ ft. of sign_for the new tenant
occupying the corner space (ate 1023 Mainstreet An interpretation of the existing
sign ordinance mi hg_t preclude the possible added ace needed for the Gift Shop's
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