HomeMy WebLinkAboutResolution No. 2008-116 Upholding ZBA Denial of Signs at 6525 + 6545 France Ave RESOLUTION NO. 2008-116
w91N�1j� RESOLUTION UPHOLDING THE ZONING BOARD OF APPEALS DECISION
ow TO APPROVE A VARIANCE TO ALLOW AN
v, URGENT CARE WALL SIGN, AND DENY ADDITIONAL TENANT WALL SIGNAGE
�ti AT THE SOUTHDALE MEDICAL CENTER
t>n, w,9• 6525 & 6545 FRANCE AVENUE
City of Edina
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. BACKGROUND.
1.01 Grubb & Ellis filed application for a variance to allow wall signs for non-retail uses in the
Regional Medical District.
1.02 The property is legally described as follows:
See attached Exhibit A
1.03 City Code Section 460.05.Subd.5 allows one building identification sign per street frontage
not to exceed 50 square feet in area for office buildings up to 4 stories in height (36 square
feet for additional street frontages). For buildings 5 stories in height or greater, an 80 square
foot sign is allowed (40 square feet for additional street frontages.) The sign may be either
wall mounted or freestanding.
1.04 In the Regional Medical District, one wall sign is allowed for each accessory retail use. Each
N permitted retail sign must be attached to the ground floor level and not exceed 15 percent of
the ground floor wall area of the accessory retail use.
1.05 The applicant originally proposed 17 additional walls signs for tenants.
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 September 4, 2008 the Zoning Board of Appeals held a public hearing on the application.
Motion was made to deny the request for tenant signs. Board member Davidson suggested
an amendment to the motion, to include a recommendation of approval for a variance to
allow the "Urgent Care" element of the building to have additional signage. The applicant
requested a continuance of the request to the October 4th meeting to allow time to modify the
entire sign package. An additional continuance was requested to the October 16th, 2008
meeting.
1.08 On October 16, 2008, the applicant revised the request from 17 signs to 4 signs, including
the Urgent Care sign. 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 to only allow the Urgent Care sign.
1.09 Mr. Walt Van Heest of Grubb and Ellis appealed the decision of the Zoning Board of Appeals
to the City Council.
NSection 2. STANDARDS.
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA,MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
• RESOLUTION NO. 2008-116
PAGE 2
2.01 Section 850.04. Subd. 15. 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 this Code; and (D) that the granting of the variance would 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.
Section 3. THE CITY COUNCIL FINDS:
3.01 Denial of the variances, with the exception of the sign for Urgent Care, is based on the
following findings:
1) There are no 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.
2) The variances are not 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.
3) There is no undue hardship justifying the variances.
4) Granting variances to allow multiple tenant identification on a medical building would
set a precedent for similar requests.
5) The variance would not meet the intent of the ordinance since:
a. The intent of the ordinance is to prevent sign clutter on buildings in the Regional
Medical and Planned Office District.
b. The requested variance would allow four non-retail tenant signs on the
buildings, when one per street frontage is allowed.
3.02 The erection of an additional building identification sign for an Urgent Care facility is
reasonable. Because of the unique nature of the business it is critical that people needing
urgent care find the facility easily.
RESOLUTION NO. 2008-116
Page 3
NSection 4. CITY COUNCIL ACTION.
4.01 The City Council adopts the preceding Findings of Fact, sustains the action of the Zoning
Board of Appeals denying the three sign variances, and approves the above-described
variance for the Urgent Care Facility in accordance with the plans as on file at city hall, subject
to the following condition:
1. This variance will expire one year from the date of this approval, unless the city has
issued a sign permit for the sign for which a variance has been granted and the sign
has been erected or approved a time extension.
ADOPTED by the Edina City Council this 18th day of Novembe , 2008.
Attest: 62�—
Debra A. Mangen, City Jerk Jam s 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 November 18, 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