Loading...
HomeMy WebLinkAbout09-063 - ADMIN Resolution - City Council - 2009/05/04VARIANCE RESOLUTION NO. 09-063 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362, TABLE 36-362A OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A PLANNED UNIT DEVELOPMENT SIGN PLAN EXCEEDING MAXIMUM TOTAL SIGN AREA FOR PROPERTY LOCATED IN THE OFFICE ZONING DISTRICT AT 1600 WEST END BOULEVARD AND 5370 16TH STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. AD West End, LLC has applied for a variance from Section 36-362, Table 36-362A of the Ordinance Code relating to zoning to permit a Planned Unit Development sign plan exceeding maximum total sign for property located in the Office Zoning District at the following location, to -wit: Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota 2. On April 15, 2009, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance for a planned unit development sign plan that would exceed the maximum total sign area. 3. The City Council considered the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase congestion in public streets, increase fire danger, endanger public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. Resolution No. 09-063 -2- The shopping center is on two large parcels. The north lot (5370 16th Street West) is approximately 176,000 square feet. The south lot is approximately 485,600 square feet. If the Shops at West End were to subdivide the property into separate lots, the total sign area allowed would increase accordingly. This circumstance contributes to the degree of the variance requested. The strict application or the terms of this chapter would result in practical difficulties in developing and leasing the property in a manner customary and legally permissible within the use district. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 7. The Shops at West End is a unique project in its configuration, size and scope. Many tenant storefronts orient toward an internal, private street (West End Boulevard) and are not visible, or have limited visibility, from public streets. This configuration makes adequate and clear directional signage very important to the development. Allowing sufficient tenant signage is necessary to attract quality tenants and maintain the overall leasing and long-term health of the shopping center. These conditions are peculiar to this development and generally do not apply to other lands in the Office zoning district. 8. The planned unit development is a "park once and walk" design. Clear and adequate directional signs to guide cars to parking and pedestrians to the storefronts are critical components to the shopping center's success. Adequate tenant signs are a critical component for the shopping center. Granting the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. 9. The signs will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. The proposed sign plan will provide clear direction to drivers and pedestrians within the development. 10. The project provides aesthetic and service improvements to the area. It will not adversely affect the development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The proposed sign plan places reasonable limitations on the size of signs, so as not to be out of scale with the buildings and surrounding development. For example, signs on adjacent office buildings can also be 300 square feet. The proposed directional signs are well organized and do not result in sign clutter. The shopping center monument and canopy signs are reasonably sized and spaced. 11. The proposed sign plan will result in signs that are still a suitable scale to the building wall, and will not be contrary to the intent of the sign code and comprehensive plan. Even under the proposed sign plan, staff anticipates there are few tenant spaces that would exceed the usual 150 square feet sign face restriction, and even fewer that could approach the 300 square feet sign face proposed. • Resolution No. 09-063 -3- 12. The variance alleviates the difficulty' created by the configuration of the development around West End Boulevard and the unusually large lots. 13. The contents of Planning Case File 09 -07 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 14. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 15. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for a variance from the maximum total sign area for 1600 West End Boulevard and 5370 16th Street West is granted based upon the findings set forth above, and subject to the following conditions: 1. The property shall adhere to the Shops at West End Sign Plan submitted with the application. 2. The property shall adhere to all other requirements of the West End Final PUD and City zoning code. 3. The applicant shall secure sign permits from the City. e , ity Clerk is instructed to record certified copies of this resolution in the Office of the enne in County Register of Deeds or Registrar of Titles as the case may be. Revie - e. for Administration: City Attest: VI:354$6..City Clerk Adopted,. e City Council May 4, 2009 Mayor Vasola ti 6-0 Na- 09-013 111111111111111111 10 0 Doc No T4642045 VIII Certified, filed and/or recorded on 5/8/09 10 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer Deputy 33 Doc Name: Resolution Document Recording Fee Multiple Certificates Affected Fee Pkg ID 534709 $46 00 $20 00 Document Total $66 00 Existing Certs 1222616 1222618 This cover sheet is now a permanent part of the recorded document New Certs r • VARIANCE �aaaclu I Lo I 8 RESOLUTION NO. 09-063 RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362, TABLE 36-362A OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A PLANNED UNIT DEVELOPMENT SIGN PLAN EXCEEDING MAXIMUM TOTAL SIGN AREA FOR PROPERTY LOCATED IN THE OFFICE ZONING DISTRICT AT 1600 WEST END BOULEVARD AND 5370 16TH STREET WEST BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: Findings 1. AD West End, LLC has applied for a variance from Section 36-362, Table 36-362A of the Ordinance Code relating to zoning to permit a Planned Unit Development sign plan exceeding maximum total sign for property located in the Office Zoning District at the following location, to -wit: Lot 4, Block 1 and Lot 2, Block 2, THE SHOPS AT WEST END, Hennepin County, Minnesota 2. On April 15, 2009, the Planning Commission held a public hearing, received testimony from the public, discussed the application and moved approval of a variance for a planned unit development sign plan that would exceed the maximum total sign area. 3. The City Council considered the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase congestion in public streets, increase fire danger, endanger public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 0 ti. ' ' Resolution No. 09-063 -2- The shopping center is on two large parcels. The north lot (5370 16`h Street West) is approximately 176,000 square feet. The south lot is approximately 485,600 square feet. If the Shops at West End were to subdivide the property into separate lots, the total sign area allowed would increase accordingly. This circumstance contributes to the degree of the variance requested. The strict application or the terms of this chapter would result in practical difficulties in developing and leasing the property in a manner customary and legally permissible within the use district. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 7. The Shops at West End is a unique project in its configuration, size and scope. Many tenant storefronts orient toward an internal, private street (West End Boulevard) and are not visible, or have limited visibility, from public streets. This configuration makes adequate and clear directional signage very important to the development. Allowing sufficient tenant signage is necessary to attract quality tenants and maintain the overall leasing and long-term health of the shopping center. These conditions are peculiar to this development and generally do not apply to other lands in the Office zoning district. 8. The planned unit development is a "park once and walk" design. Clear and adequate 411 directional signs to guide cars to parking and pedestrians to the storefronts are critical components to the shopping center's success. Adequate tenant signs are a critical component for the shopping center. Granting the proposed variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. 9. The signs will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. The proposed sign plan will provide clear direction to drivers and pedestrians within the development. 10. The project provides aesthetic and service improvements to the area. It will not adversely affect the development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. The proposed sign plan places reasonable limitations on the size of signs, so as not to be out of scale with the buildings and surrounding development. For example, signs on adjacent office buildings can also be 300 square feet. The proposed directional signs are well organized and do not result in sign clutter. The shopping center monument and canopy signs are reasonably sized and spaced. 11. The proposed sign plan will result in signs that are still a suitable scale to the building wall, and will not be contrary to the intent of the sign code and comprehensive plan. Even under the proposed sign plan, staff anticipates there are few tenant spaces that would exceed the usual 150 square feet sign face restriction, and even fewer that could approach the 300 square feet sign face proposed. "Resolution No. 09-063 -3- 12. The variance alleviates the difficulty created by the configuration of the development around ® West End Boulevard and the unusually large lots. 13. The contents of Planning Case File 09 -07 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 14. Under the Zoning Ordinance, this variance shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variance is granted. 15. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION The application for a variance from the maximum total sign area for 1600 West End Boulevard and 5370 16th Street West is granted based upon the findings set forth above, and subject to the following conditions: 1. The property shall adhere to the Shops at West End Sign Plan submitted with the application. 2. The property shall adhere to all other requirements of the West End Final PUD and City zoning code. 3. The applicant shall secure sign permits from the City. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 09-063 adopted at the St. Louis Park City Council meeting held on May 4, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 5th day of May, 2009. Nancy J. (Fltrot4a, City Clerk