CR 2013-082 Front Yard Sign Setback Variance - The DepotAugust 1, 2013 Council Report 13-82
FRONT YARD SIGN SETBACK VARIANCE — THE DEPOT
Proposed Action
Staff recommends the following motion: adopt Resolution 13-47, approving a front vard sign
setback variance at 9451 Excelsior Boulevard — The Depot Coffee House.
At the Zoning and Planning meeting, Mr. Kuznia moved and Mr. Kerssen seconded a motion
to adopt Resolution RZ13-9, recommending approval of a front yard sign setback variance at
9451 Excelsior Boulevard — The Depot Coffee House. The motion was approved
unanimously.
Overview
The applicant, Three Rivers Park District, is proposing to erect a new monument sign at The
Depot Coffee House at the same location as the existing sign. In doing research for the
placement of the new sign, it was discovered that the existing sign does not have the required
10 -foot sign setback. If the new sign is placed at the required 10 -foot setback, the sign would
be back too far for visibility from Excelsior Boulevard.
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What does the ordinance require?
• What are the specifics of the applicant's request?
• What practical difficulties does the property have?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Site plans
• Resolution 13-47
Nanc . Anderson, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR13-82
Page 2
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
The subject property is zoned I-2, General Industrial. The Comprehensive Plan has
designated the site as Industrial.
• What does the ordinance require?
The required sign setback in an industrial area is 10 feet.
• What are the specifics of the applicant's request?
The applicant is requesting an 8' variance so the sign will be in front of the building. This is
where the sign exists now.
• What practical difficulties does the property have?
The new state statute requires three standards for the granting of a variance. The three
requirements are:
1. That practical difficulties cited in connection with the granting of a variance
means that the property owner proposes to use the property in a reasonable
manner not permitted by an official control;
2. The plight of the landowner is due to circumstances unique to the property,
not created by the landowner; and
3. The variance, if granted, will not alter the essential character of the locality.
The applicant meets the three requirements to grant a variance. The property is narrow and
linear and the building has approximately a 10 -foot setback. The existing sign does not have
visibility issues from Excelsior Boulevard.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the practical difficulties for the variance. Bo Carlson from Three
Rivers Park District appeared before the Commission. No one appeared at the public
hearing.
Surrounding uses
The site is surrounded by Excelsior Boulevard to the north, SUPERVALU to the south and
vacant land to the east and west.
CR13-82
Page 3
Alternatives
1. Approve the sign setback variance. By approving the sign setback variance, The Depot
will be able to erect a new sign with the proposed location.
2. Deny the sign setback variance. By denying the sign setback variance, The Depot will
not be able to erect a new sign at the proposed location. 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.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 13-47
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN 8 -FOOT SIGN SETBACK VARIANCE AT 9451 EXCELSIOR BOULEVARD
WHEREAS, an application for Variance VN13-3 has been made by Three Rivers Park
District, and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Variance VN13-3 was made by Three Rivers Park
District on July 1, 2013;
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed
notice, held a meeting on the application and reviewed such application on
July 30, 2013: 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:
HCRRA right-of-way across Southwest '/ except parcels 1 A and 1 B as shown on
City of Hopkins right-of-way plat No 1 except roads
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HOPKINS, MINNESOTA, that application for Variance VN13-3 to reduce the sign setback
from 10 feet to 2 feet for the proposed sign is hereby recommended for approval based on the
following Findings of Fact:
1. That the applicants do have a circumstance peculiar and unique to the parcel
because of the placement of the building and the linear shape of the lot.
2. There exists a practical difficulty because if the proposed sign was placed at
the required 10 -foot setback, the sign would not be visible from Excelsior
Boulevard.
3. That the variance will not alter the essential character of the surrounding area.
BASED ON THE FOREGOING FINDINGS OF FACT, the City Council of the City of
Hopkins, Minnesota, hereby determines that the literal enforcement of the 10 -foot sign setback in
the Industrial zoning district would cause practical difficulties because of circumstances unique
to the subject property, that granting of the requested variance to the extent necessary to
compensate for such practical difficulties is in keeping with the intent of the Hopkins City Code,
and that the variance of 8 feet is reasonable.
Adopted this 5th day of August 2013
Eugene J. Maxwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk