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Home My WebLink About20091207 - VIII-B-2 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: December 7, 2009 Subject:Variance- Apparently Graphic, Ltd. – McDonald’s - #2009-33 – Variance to exceed 5% limit on wall signage REQUEST Geoff Michael, on behalf of Apparently Graphic, Ltd., is seeking a variance to the 5% limit of wall area in signage regulation for the newly rebuilt McDonald’s store at 1340 South Frontage Road. The request states, “Add a sign, “McDonald’s”, to the front (south) elevation. The front elevation is 788 square feet. The already-approved arch is 14 square feet. The sign that McDonald’s would like to have approved is 27” X 216” which is 40.5 square feet. The total of both signs would be 54.5 square feet.” In addition to the already-approved arch, McDonald’s has placed a 2.4 square foot “Welcome” sign on the wall for which they are requesting a variance, resulting in all three signs having a total of 56.9 square feet. STAFF RECOMMENDATION Staff is recommending denial of the variance as there has not been a hardship displayed by the applicant to necessitate the variance. Further, the applicant has an option to decrease the size of the sign to 26 square feet to meet the 40 square foot requirement or place a monument sign that would face South Frontage Road. The monument sign could be six feet high and fifty square feet in size. In addition, granting a variance would set a precedent to allow increased signage for commercial buildings throughout Hastings. At its November 23, 2009, meeting, the Planning Commission voted (6-0) to deny the variance request for McDonald’s. ATTACHMENTS Resolution Application Proposed sign illustration Site Location Map Aerial View BACKGROUND INFORMATION Zoning Classification The subject property is zoned C-4, Community Regional commerce, which allows for restaurants. Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as C, Commercial. The proposed use is consistent with the plan. Adjacent Zoning and Land Use The property is surrounded by commercial zoning (C-4) and commercial uses. Existing Condition The following signs have been approved for McDonald’s: Total permitted Total Allowed North Elevation 14 square feet 40 square feet East Elevation 30 square feet 113.15 square feet South Elevation 14 square feet 40 square feet West Elevation 54.5 square feet 113.15 square feet Freestanding Allowed to Allowed to reface reface existing existing Sign Allowances The following wall signage would be allowed under 155.08 Signs, D (1) e: Zoning Districts C-3C-4 SingleMultipleSingle - Single - over Multiple OccpantOccupantsunder100,000Occupant 100,000square feetBuilding square feet Monument Maximum 6 feet 10 feet 6 feet 15 feet 20 feet Height Sign Face 50 square 100 square 50 square 75 square 100 square Sizefeetfeetfeetfeetfeet Cap Height 8 inches 12 inches 8 inches 18 inches 24 inches (max.) Wall Maximum Greater of 40 square feet or 5% of wall area Size Projecting Clearance 8 feet 8 feet 8 feet 8 feet 8 feet Maximum 4 feet 4 feet 4 feet 4 feet 4 feet Distance from Building Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B.The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D.That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING A VARIANCE TO EXCEED THE SIGN ALLOWANCES IN CITY CODE 155.08 Signs, D (1) AT 1340 SOUTH FRONTAGE ROAD LEGALLY DESCRIBED AS ND LOT 4, BLOCK 1 WESTVIEW SHOPPING CENTER 2 ADDITION Council member _______________________ introduced the following Resolution and ___________________ moved its adoption: WHEREAS , Apparently Graphic, Ltd. has petitioned for a variance to exceed the sign allowances in City Code 155.08 Signs, D (1); and WHEREAS , The property is generally located at 1340 South Frontage Road and legally described as Lot 4, Block 1, Westview Shopping Center 2nd Addition, Dakota County, MN; and WHEREAS , on November 23, 2009, the variance request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended denial (6-0) of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby denies the variance as presented based on the following finding of fact: A.That no special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B.The literal interpretation of the City Code would not deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C.That the special conditions and circumstances result from actions of the applicant. D.That granting the variance requested will confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Ayes: ____ Nays: _____ Absent: ______ ATTEST: _______________________________ Paul J. Hicks Mayor _______________________________ Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to th and adopted by the City of Hastings, County of Dakota, Minnesota, on the 7 of December 2009, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 (KSSB)