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HomeMy WebLinkAboutResolution No. 2008-018 Approving a Variance to Allow Signage to Face a Public Park at 7311 France Ave A, RESOLUTION NO. 2008-18 k RESOLUTION APPROVING A VARIANCE TO ALLOW SIGNAGE TO FACE A PUBLIC PARK AT 7311 FRANCE AVENUE yo City of Edina BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.01 Cypress Equities has filed application for a variance to allow wall signage to face a public park. 1.02 The property is legally described as follows: Lot 1, Block 1, South Edina Development Addition. 1.03 City Code Section 460.05.Subd. 7.I prohibits non-residential wall signs that directly face, abut or adjoin a public park or residential uses. 1.04 The applicant is proposing wall signage that faces a public park.. 1.05 The property is guided Mixed Use under the City's Comprehensive Plan and is zoned MDD-6 under the City's zoning ordinance. 1.06 Minnesota Statutes, Section 462.354,Subdivision 12, and City Code Sections 460.06 and 850.04 authorizes the Zoning Board of Appeals to grant variances and authorizes an appeal of that decision to the City Council. • 1.07 On November 15, 2007 the Zoning Board of Appeals held a public hearing on the application. The hearing was continued to December 20, 2007. The applicant was provided the opportunity to present information. The board considered all of the hearing testimony and the staff report, adopted Findings and approved the variance. 1.08 Mr. John Bohan appealed the decision of the Zoning Board of Appeals to the City Council. Section 2. STANDARDS. 2.01 Section 850.04. Subd. 11. of the City Code states that the Zoning Board of Appeals shall not grant a petition for a variance unless it finds that the strict enforcement of this Section would cause undue hardship because of circumstances unique to the petitioner's property and that the grant of said variance is in keeping with the spirit and intent of this Section. "Undue hardship" means that (i) the property in question cannot be put to a reasonable use as allowed by this Section; (ii) the plight of the petitioner is due to circumstances unique to the petitioner's property which were not created by the petitioner; and (iii) the variance, if granted,will not alter the essential character of the property or its surroundings. Economic considerations alone shall not constitute an undue hardship if reasonable use for the petitioner's property exists under the terms of this Section. 2.02 Section 460.06. Subd. 6 of the City Code states that the Board shall grant a variance from the provisions of this Section only upon finding that: (A) there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district, (B) the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the • same vicinity and zoning district,but which is denied to the property in question; (C) that the strict application of this Section would constitute undue hardship as defined in Section 850 of City Hall is o e;and (L)) that the granting of the variance would not be materially detrimenta4lt2417-8861 4801 WEST 50TH STREET FAX 952-826-0390 EDINA,MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379 RESOLUTION NO. 2008-18 Page 2 • public welfare or injurious to the property or improvements in the vicinity or zoning district in which the property is located. Section 3. THE CITY COUNCIL FINDS: 3.01 Strict enforcement of the signage regulation cause undue hardship because of the following circumstances that are unique to this property: 1. A hardship would be brought upon the applicant and future tenants, if no signage were allowed at the store fronts. The store fronts have been designed to face Centennial Lakes Park. The approved plan encourages ground level retail and service uses that create an active pedestrian environment including access to centennial Lakes Park. The ordinance prevents reasonable signage of the property. The proposed location of the signs is necessary because of the location of the store fronts. Without signage facing the park the stores would be denied reasonable signage. 2. The need for the variance is unique to the property and is based upon exceptional or extraordinary circumstances. No other retail development in the MDD-6 District has store fronts that face Centennial Lakes Park. The ordinance was based upon the assumption that store fronts would not face the park. While generally true, it is not true as applied to the Subject Property. 3.02 The variance would meet the intent of the ordinance since: The intent of the ordinance is to prevent signage on the backs of buildings that face Centennial Lake. This development has been designed to face the park. The back of the buildings face • France Avenue. 3.03 The variance will not alter the essential character of the area or its surroundings. Because of the distances from residential property, it will have little or no impact on residential property. The view from the park will also be little changed because of the signage. The store fronts themselves will be the prominent feature. 3.04 The variance is necessary for the preservation and enjoyment of a substantial property right, signage, possessed by other property owners in the area but which would otherwise be denied to the Subject Property because of the unique orientation of the stores. 3.05 Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zoning district in which the property is located. 3.06 The planning report prepared by Planning Director Cary Teague dated February 4, 2008, appeal of an approved variance to allow signage that faces a public park for Cypress Equities at 7311 France Avenue, Edina,is incorporated herein by this reference. 3.07 All statutory and city code requirements for the granting of a variance have been satisfied. Section 4. CITY COUNCIL ACTION. 4.01 The City Council adopts the preceding Findings of Fact, sustains the action of the Zoning Board of Appeals, and approves the above-described variance in accordance with the plans as amended on file at city hall,subject to the following conditions imposed on signs located on east elevations of Building A and Building B, and the south and east elevations of Building C: 1. Wall signs shall not exceed 10% of the area of the storefront. 2. No wall signs shall be allowed on the east elevations of Buildings B and C. RESOLUTION NO. 2008-18 Page 3 3. Signs shall not be illuminated between the hours of 10 P.M. and 7 A.M., provided however, that no sign shall be illuminated for a business during any time that the business is not open to the public. 4. Signs shall be illuminated only by indirect, up-lighting methods. No neon, fiber optic or direct light sources shall be allowed, provided, however, that projecting signs may be illuminated with reverse channel lighting. 5. No portion of a sign shall excel 14 feet in elevation. 6. Signs shall only be placed at the principal entrance to a business. 7. Wall signs shall not exceed 36 inches in height. 8. Businesses with a principal entrance on the south elevation of Building C shall be identified only with a single faced projecting sign with the sign panel facing west and with a blank face on the east. ADOPTED by the Edina City Council this 4th day of February, 2008. Attest: Debra A. Mangen, City CVrk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing City Council Minutes is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of February 4, 2008, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of 2008. Debra A. Mangen,City Clerk