HomeMy WebLinkAbout10-13-2005 Planning Commission Meeting PacketCITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, October 13, 2005 7:00 p.m.
I. Call to Order:
II. Approval of Agenda:
III. Approve Minutes of September 27, 2005: (1)
IV. Department Commission Liaison Other Reports:
A. Commission Liaison:
B. St. Croix Crossing Update:
C. Other:
V. Visitors/Public Comment:
This is an opportunity for the public to address the Commission with questions or concerns
regarding items not on the agenda. Please limit comments to three minutes.
VI. Public Hearings:
A. Kathleen MacDonald: To consider a request for 22 -foot Variance to rear
yard setback requirements, allowing an addition to an existing
residential dwelling located at 5 816 Olinda Ave. N. (2)
B. United Properties: To consider requests for Variance to signage
requirements for Oak Park Ponds Shopping Center, allowing additional
signage to pylon sign and for Kowalski's Market, allowing additional
signage to monument sign 5801 Neal Ave. N. (3)
VII. New Business:
VIII. Old Business:
A. Commission Council Representation (4)
IX. Informational:
A. Next Meeting: November 10, 2005 Regular Meeting 7:00 p.m.
B. Council Representative: October Commissioner Runk
X. Adjournment.
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, September 27, 2005
Call To Order:
Chair Runk called the meeting to order at 6:00 p.m. Present: Commissioners Caspers, Lilj egren
and Wasescha. City Planner Richards and Commission Liaison McComber. Absent:
Commissioner Dwyer and City Administrator Johnson.
Approval of Agenda:
Commissioner Wasescha, seconded by Vice Chair Liljegren, moved to approve the Agenda, as
presented. Carried 4 -0.
Approve Minutes of August 11, 2005:
Vice Chair Lilj egren, seconded by Commissioner Caspers, moved to approve the Minutes as
presented. Carried 4 -0.
Department /Commission Liaison Reports /Other Reports:
A. Commission Liaison:
ENCLOSURE 1
B. St. Croix Crossing Update: Commission Liaison McComber reported that the recent
open houses for the bridge design were well attended. She noted that a Stakeholders
Group meeting is scheduled for October 4, 2005 from 9:00 a.m. to 4:00 p.m. at Stillwater
City Hall.
C. Other:
Visitors /Public Comment: There being no visitors to the meeting, Chair Runk moved to the
Public Hearings portion of the Agenda.
Public Hearings:
A. Village at Oak Park Heights Lowe's Home Improvement: To consider a request for
Planned Unit Development: Concept Plan approval for a development to be known as
Village at Oak Park Heights, including construction of a Lowe's Home Improvement
store, located south of 5 8 St. and west of Oakgreen Ave. N.
City Planner Richards reviewed the September 1, 2005 Planning Report to the request, provided
an issue analysis and recommended conditions in the event the Planning Commission elected to
recommend City Council approval.
Chair Runk opened the public hearing for comment at 6:11 p.m.
Planning Commission Minutes
September 27, 2005
Page 2 of 4
John Gelderman of CSM Equities introduced himself as the applicant and property developer.
Mr. Gelderman commented on the issues of the 80 -foot right -of -way and setbacks. He noted that
the property owner and representatives of Lowe's and Ozark Civil Engineering were present and
available for questions.
Tim Nolde Green Twig, LLC addressed the Commission and commented on the right -of -way
and setback issues, noting that it was possible that the property adjacent to the retail area, on the
other side of Norwich Ave., would not ultimately be residential and the 100 -foot right -of -way
unnecessary. Brief discussion ensued between Mr. Nolde and the Commission as to the matters.
There being no other visitors to the public hearing, Chair Runk, seconded by Vice Chair
Lilj egren, moved to close the public hearing at 6:16 p.m. Carried 4 -0.
Commission discussion ensued as to the matters of right -of -way, setbacks, development size and
density, buffering of residential area, commercial /residential mix, access and possible cross
connection with Walmart, relationship of project issues with adjacent Oakgreen Village
residential concept plant approval, and planning report conditions.
Vice Chair Lilj egren, seconded by Commissioner Wasescha, moved to recommend request
approval by City Council, subject to the amended conditions of the September 1, 2005 Planning
Report, specifically that:
1. A preliminary /final plat is submitted as part of the general plan of development.
2. The applicant provide a property appraisal for those areas subject to park dedication.
3. A public hearing shall be held for vacation of existing right -of -way and utility easements.
The development agreement shall specify the amount and terms for reimbursement to the
City for the vacated right -of -way and easements.
4. The street design of Novak Avenue shall be subject to review and approval of the City
Engineer. The project developers shall dedicate 100 feet of right -of -way for Novak Avenue
from the northerly edge of the Xcel power line easement south to 58 Street.
5. The City Engineer shall comment on the traffic analysis provided by the applicant. The
traffic circulation plan and required improvements shall be subject to review and approval
of the City Engineer.
6. The Planning Commission and Park Commission shall review the public trail and sidewalk
system for the area as part of the general plan of development stage.
7. The Planning Commission accepts a 20 foot setback for buildings adjacent to Norwich
Avenue North for concept plan approval providing the general plan of development submittal
addresses building detailing and landscaping for said buildings and setback area.
Planning Commission Minutes
September 27, 2005
Page 3 of 4
8. A 30 -foot setback from all parking and drive aisles with plans for berms, fencing and
screening be provided at the south property line of the development. The revised plans shall
be provided at the general plan of development stage.
9. The building plans for Lowe's to be submitted for general plan of development review shall
address screening of roof mechanicals.
10. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general
plan of development. All parking lot islands shall be increased to at least 15 feet in width.
11. Detailed grading, drainage and utility plans shall be provided for general plan of development
review.
12. The Zoning Ordinance parking requirement of six parking spaces per 1,000 square feet may
be varied for the Lowe's portion of the development as part of the general plan of
development approvals. Applicants shall work with City staff to determine appropriate ratio
for the development.
13. The parking lot design shall be revised to comply with all Zoning Ordinance parking stall and
drive aisle dimension standards.
14. The general plan of development submittal shall address site details such as pedestrian
access, loading areas, and trash enclosures.
15. The Fire Marshal and Police Chief should review the plans and determine the accessibility
of emergency vehicles throughout the development.
16. The plat shall dedicate right -of -way for Novak Avenue and all required easements as required
by the City Engineer and City Attorney.
17. The Planning Commission and City Council shall comment on the design of Novak Avenue
including screening, landscaping and boulevards that may be required at the general plan of
development review.
18. Detailed architectural plans for the proposed buildings in the project shall be required for
general plan of development review.
19. The architectural appearance of the structures shall be subject to Design Guidelines review
as part of the general plan of development consideration.
20. The applicant shall be required to enter into a development agreement with the City subject
to review and approval of the City Attorney and City Council. All cross easements and other
easement documents required for this development shall be subject to review and approval
of the City Attorney.
Carried 4 -0.
New Business:
Planning Commission Minutes
September 27, 2005
Page 4 of 4
A. Commission Council Representation Schedule: Revised schedule for review, revision and
approval.
Chair Runk volunteered to serve as Commission Liaison to the City Council for the month
of October and asked that discussion of the rest of the schedule be carried to the regular
October meeting of the Commission.
Old Business: None.
Informational:
A. Next Meeting: October 13, 2005 7:00 p.m. Regular Meeting
B. Council Representative: October Commissioner Runk
Adjournment: Vice Chair Lilj egren, seconded by Commissioner Wasescha, moved to adjourn
at 6:51 p.m. Carried 4 -0.
Respectfully submitted,
Julie A. Hultman
Planning Code Enforcement Officer
Approved by the Planning Commission:
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 5, 2005
RE: Oak Park Heights MacDonald Variance: 5810 Olinda Avenue North
FILE NO: 798.07 05.01
BACKGROUND
Kathleen MacDonald has requested a variance from the rear yard setback at her
property at 5810 Olinda Avenue North. The variance would allow construction of a 128
square foot bathroom addition (16' X 8') to a bedroom of the home. The home is
currently 10 feet from the rear lot line. The bathroom addition would result in a two foot
setback. A variance is necessary in that a 30 foot setback is required from rear property
lines in the R -2, Low and Medium Density Residential District.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D.
Exhibit E:
Exhibit F:
ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.cor
Property Location
Aerial Plat
Site Plan
Site Plan
Applicant Correspondence
Building Code Excerpt
ENCLOSURE 2
Existing Conditions. The applicant is proposing the addition on the west side of the
existing home. As it exists, the home encroaches 20 feet on the rear setback
requirement of 30 feet. A property survey was not submitted with this application. The
applicant will need to verify all property lines if the variance is approved. The house is
setback 10 feet from the side lot line in compliance with the R -2 District standards. The
rear yard of the lot is relatively flat and no mature trees would be affected by the
addition.
A bathroom addition could be made to the bedroom on the south side. A 16' by 19'
courtyard exists adjacent to an existing bathroom and the structure's plumbing. An
addition within this courtyard area would not be within the 30 foot rear yard setback, but
if it does not extend beyond the current rear of the structure, it can be done without a
variance. Additionally, the Building Code would not allow windows on the west side of
the proposed building addition. Window openings of less than three feet from the
property line must have a one hour fire resistance rating.
VARIANCE CRITERIA
Section 401.04.A.5 of the Zoning Ordinance states that a variance from the terms of this
Ordinance shall not be granted unless it can be demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of special conditions
and circumstances which are peculiar to the land, structure, or building involved and which
are not applicable to other lands, structures or buildings in the same districts
1) Special conditions may include exceptional topographic or water conditions or, in the
case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or
shape of the property.
2) Undue hardship caused by the special conditions and circumstances may not be solely
economic in nature, if a reasonable use of the property exists under the terms of this
Title.
3) Special conditions and circumstances causing undue hardship shall not be a result of lot
size or building location when the lot qualifies as a buildable parcel.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this Ordinance
or deny the applicant the ability to put the property in question to a reasonable use.
c. The special conditions and circumstances causing the undue hardship do not result from the
actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege that is
denied by this Ordinance to other lands, structures or buildings in the same district under the
same conditions.
e. The request is not a result of non-conforming lands, structures or buildings in the same
district.
f. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the intended
purpose of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
2
The preference of the applicant is to place the bathroom addition on the west side of the
bedroom. There is a reasonable alternative to this request and that is to construct the
bathroom within the courtyard on the south wall of the bedroom. That addition would
not require a variance.
Staff does not find there to be an undue hardship in this case. There are no special
conditions or circumstances related to topography, vegetation, or other conditions that
would provide justification for a variance. Options would be available to the applicant to
construct a bathroom on the south side of the bedroom within the courtyard area. Staff
is also concerned that the extent to which the setback area would be encroached and
the precedent that may be set if the City were to approve variances without adequate
justification.
RECOMMENDATION
Staff does not support the variance request and would recommend denial of the
application. If the applicant makes a case for undue hardship and if the Planning
Commission finds that the application meets the criteria for granting a variance, the
Planning Commission may recommend approval subject to comments and conditions of
the Planning Commission and staff, At a minimum, the applicant should be required to
provide a survey of the property to verify lot line and building locations.
0
8
r
g I
0
001
001
SZIL1
09 09
09
a
i
CD; •st• -E1
1 a
CI 4 pi,.
'W. NI
74 i
Kott, a
s HIHON 3Nif VC1N110
1
-41k.
"•mn
I§ P
i 1 8
I- 8 II 8
Li FO8 0
t 01
i. 1 -4.4.....,
o
1 09 t
i 09 00'09
N.
cot
00
On VC
T2/1 00'001.
bION 3AV 3N310
8
0
0699
alLt
000E1
EV
1.619
(N1
8
00'011. t0'611
8. al
Ot 8,\I
g
00013 OC'61.1.
co
co
441C1.14.4romor
8
8
os oe
o k
kAl
in% co l 8
i 8
c0 8
S Xg•
u•ne 10•09 L0'09
9£'19*
as
0
0
743
0
1
EXHIBIT A
NORTH
LE: 1 hch 50 feet
SECTION.TONNSHIP-RANGE INDEX
3233320 3303020' 3403023
i0502920; 7.4 C3E-2:i 03329201
t OBUR20,0932920 1002920,
SECTION YeCttlY LLAP
PROPERTY VENTSCATION KAISER FORW.T tSECCOOE)
=rot WOW 'WM OAT'S Pt
MS *A� t 0,30VM
ft *ft 14 1* OM
1; 4sr "ars cf proem
otorwroommee
MIS DRAWING IS 7 RESULT OF A COMPILATION AND REPROD
LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COL
WASHINGTON GOiNlY IS MOT RESPONSIBLE FOR ANY INACCURA
r'qOPE=7Y ;NES 45 F.7; FEFERENCE PUE3
REPRESENT AC. TvAL
MAP LAST UPDATED: June 34 2005
NO ADOMONAL CHANGES HAVE BEEN REPORTF.D TO DATE
DATE OF PHOTXRAPHY: AO, 2000
EXHIBIT B
=v./
0
11o
centerline
110'
Probable Property Lind
19.6'
82' +1
J ROW
0 0
c
0
r
Zi
0
i r s
V
a O
CD
O
aftra
EXHIBIT D
SEP-29-2005 10:08 ORK PARK HEIGHTS CITY
Oak Park Heights Planning Commission,
ncerely,
Kathleen MacDonald
P. 02Y02
lam Kathleen MactIonald and 1am applying for a variance on my property to build a bathroom on to my
home. I have lived in my home for 21 years and it is no longer functional for me, 1 had 8 knee replacement two
years ago It Is very hard b3 get into the shower. It is in my small bathroom with a tub that needs to be stepped over
to get to the shower. iwould like to add a handicap accessible bathroom off my bedroom_ want to have a walk in
shower in this new bathroom. I am 57 years old and would like to remain my home, as I begin to get older, My
knee will eventually need to be replaced. lam also having trouble vvith my other leg. "thank you for your
consideration in this matter.
1 f) 1 n
TOTAL P.02
EXHIBIT E
STRUCTURAL MEMBER
ALLOWABLE
DEFLECTION
Rafters having slopes greater than 3/12 with no
finished ceiling attached to rafters
L/180
Interior walls and partitions
H/180
Floors andylastered ceilings
L/360
All other structural members
L/240
Exterior walls with plaster or stucco finish
H/360
Exterior walls --wind loadsa with brittle finishes
11240
Exterior walls wind loadsa with flexible finishes
L/120
ROOF SLOPE
TRIBUTARY
AREA IN
FOR ANY
LOADED
SQUARE FEET
STRUCTURAL
MEMBER
0 to
200
201 to
600
Over
600
Flat or rise less than 4 inches per foot
(1:3)
20
16
12
Rise 4 inches per foot (1:3) to less than
12 inches per foot (1:1)
16
14
12
Rise 12 inches per foot (1:1) and greater
12
12
12
R301.2.4 R302.1
42
kN /m or less, shall be in accordance with Chapters 5, 6 and
8. Buildings in regions with ground snow loads greater than
70 psf (3.35 kN /m shall be designed in accordance with ac-
cepted engineering practice.
R301.2.4 Floodplain construction. Buildings and struc-
tures constructed in flood hazard areas (including A or V
Zones) as established in Table R301.2(1) shall be designed
and constructed in accordance with Section R327.
Exception: Buildings in floodways that are designated
on the Flood Insurance Rate Maps (FIRM) or the Flood
Boundary and Floodway Maps (FBFM) that are pro-
vided by the National Flood Insurance Program shall not
be approved under this section; the provisions of the In-
ternational Building Code shall apply.
R301.3 Dead load. The actual weights of materials and con-
struction shall be used for determining dead load with consid-
eration for the dead load of fixed service equipment.
R301.4 Live Toad. The minimum uniformly distributed live
load shall be as provided in Table R301.4.
TABLE R301.4
MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS
(in pounds per square foot)
USE
Exterior balconies
Decksf
Fire escapes
Passenger vehicle garagesa
Attics without storage
Attics with storage
Rooms other than sleeping rooms
Sleeping rooms
Stairs
Guardrails and handrails
LIVE LOAD
60
40
40
50a
10
20
40
30
40C
200
For SI: 1 pound per square foot 0.0479 kN /m
1 square inch 645 mm 1 pound 4.45 N.
a. Elevated garage floors shall be capable of supporting a 2,000 -pound load
applied over a 20- square -inch area.
b. No storage with roof slope not over 3 units in 12 units.
c. Individual. stair treads shall be designed for the uniformly distributed live
load or a 300 -pound concentrated load acting over an area of 4 square
inches, whichever produces the greater stresses.
d. A single concentrated load applied in any direction at any pointallong
top.
e. Attics constructed with wood trusses shall be designed in accordance with
Section R802.10.1.
f. See Section R502.2.1 for decks attached to exterior walls.
R301.5 Roof load. Roof shall be designed for the live load in-
dicated in Table R301.5 or the snow load indicated in Table
R301.2(1), whichever is greater.
BUILDING PLANNING
TABLE R301.5
MINIMUM ROOF LIVE LOADS IN POUNDS •FORCE
FQ snuoRE FOOT O F HORIZONTAL PROJECTION
For SI: 1 square foot 0.0929 m2, 2
1 pound per square foot 0.0479 kN /m
1 inch per foot 0.0833 mm/m.
R301.6 Deflection. The allowable deflection of any structural
member under the live load listed in Sections R301.4 and
R301.5 shall not exceed the values in Table 8301.6.
TABLE R301.6
�TI OF STRUCTURAL MEMBERS
NOTE: L span length, H span height.
a. The wind load shall be permitted to be taken as 0.7 times the Component
and Cladding loads for the purpose of the determining deflection limits
herein.
R301.7 Nominal sizes. For the purposes of this code, where di-
mensions of lumber are specified, they shall be deemed to be
nominal dimensions unless specifically designated as actual di-
mensions.
SECTION R302
LOCATION ON LOT
tit R302.1 Exterior walls. Exterior walls with a fire separation
distance less than 3 feet (914 mm) shall have not less than a
one- our fre- resistive ratin with exposure from both sides.
Projections shall not extend beyond the distance determined by
the following two methods, whichever results in the lesser pro-
jections:
1. Apoint one -third the distance to the property line from an
assumed vertical plane located where protected openings
are required.
EXHIBIT F
2000 INTERNATIONAL RESIDENTIAL CODE®
BUILDING PLANNING
2. More than 12 inches (305 tom) into areas where openings
are prohibited.
Projections extending into the fire separation distance shall
pia a not less than one -hour fire-resistive construction on the
underside. The above provisions shall not apply to walls which
are perpendicular to the line used to determine the fire separa-
tion distance.
Exception: Tool and storage sheds, playhouses and similar
structures exempted from permits by Section R105.2 are not
required to provide wall protection based on location on the
lot. Projections beyond the exterior wall shall not extend
over the lot line.
enin:s. S enin: s shall not be ermitted in the exte-
rior wall of a dwelling or accessory building with a fire se ara-
tion distance less than 3 eet 4 mm). This distance shall e
measured perpendicular to the line used to determine the f
separation distance.
Exceptions:
1. Openings shall be permitted in walls that are perpen-
dicular to the line used to determine the fire separation
distance.
2. Foundation vents installed in compliance with this
code are permitted.
R302.3 Penetrations. Penetrations located in the exterior wall
of a dwelling with a fire separation distance less than 3 feet (914
mm) shall be protected in accordance with Section R321.3.
Exception: Penetrations shall be permitted in walls that are
perpendicular to the line used to determine the fire separa-
tion distance.
R302.2
SECTION R303
LIGHT, VENTILATION AND HEATING
R303.1 Habitable rooms. All habitable rooms shall be pro-
vided with aggregate glazing area of not less than 8 percent of
the floor area of such rooms. Natural ventilation shall be
through windows, doors, louvers or other approved openings to
the outdoor air. Such openings shall be provided with ready ac-
cess or shall otherwise be readily controllable by the building
occupants. The minimum openable area to the outdoors shall
be 4 percent of the floor area being ventilated.
Exceptions:
1. The glazed areas need not be openable where the open-
ing is not required by Section 8310 and an approved me-
chanical ventilation system is provided capable of
producing 0.35 air change per hour in the room or a
whole -house mechanical ventilation system is installed
capable of supplying outdoor ventilation air of 15 cubic
feet per minute (cfm) (7.08 L/s) per occupant computed
on the basis of two occupants for the first bedroom and
one occupant for each additional bedroom.
2. The glazed areas need not be provided in rooms where
Exception 1 above is satisfied and artificial light is
provided capable of producing an average illumina-
tion of 6 footcandles (6.46 lux) over the area of the
R302.2 R303.6
room at a height of 30 inches (762 mm) above the
floor level.
R303.2 Adjoining rooms. For the purpose of determining
light and ventilation requirements, any room shall be consid-
ered as a portion of an adjoining room when at least one -half of
the area of the common wall is open and unobstructed and pro-
vides an opening of not less than one -tenth of the floor area of
the interior room but not less than 25 square feet (2.32 m
R303.3 Bathrooms. Bathrooms, water. closet compartments
and other similar rooms shall be provided with aggregate glaz-
ing area in windows of not less than 3 square feet (0.279 m
one -half of which must be openable.
Exception: The glazed areas shall not be required where ar-
tificial light and a mechanical ventilation system are pro-
vided. The minimum ventilation rates shall be 50 cfm (23.6
L/s) for intermittent ventilation or 20 cfm (9.4 Lis) for con-
tinuous ventilation. Ventilation air from the space shall be
exhausted directly to the outside.
R303.4 Stairway illumination. All interior and exterior stair-
ways shall be provided with a means to illuminate the stairs, in-
cluding the landings and treads. Interior stairways shall be
provided with an artificial light source located in the immediate
vicinity of each landing of the stairway. Exterior stairways
shall be provided with an artificial light source located in tO
immediate vicinity of the top landing of the stairway. Exteri
stairways providing access to a basement from the outside
grade level shall be provided with an artificial light source lo-
cated in the immediate vicinity of the bottom landing of the
stairway.
Exception: An artificial light source is not required at the
top and bottom landing, provided an artificial light source is
located directly over each stairway section.
R303.4.1 Light activation. The control for activation of the
required interior stairway lighting shall be accessible at the
top and bottom of each stair without traversing any step of
the stair. The illumination of exterior stairs shall be con-
trolled from inside the dwelling unit.
Exception: Lights that are continuously illuminated or
automatically activated.
R303.5 Required glazed openings. Required glazed openings
shall open directly onto a street or public alley, or a yard or
court located on the same lot as the building.
R303.5.1 Roofed porches. Required glazed openings may
face into a roofed porch where the porch abuts a street, yard
or court and the longer side of the porch is at least 65 percent
open and unobstructed and the ceiling height is not less than
7 feet (2134 mm).
R303.6 Required heating. When the winter design temp
ture in Table R301.2(1) is below 60 °F (16 °C), every dwelling
unit shall be provided with heating facilities capable of main-
taining a minimum room temperature of 68 °F (20 °C) at a point
3 feet (914 .mm) above the floor and 2 feet (610 mm) from exte-
rior walls in all habitable rooms at the design temperature.
2000 INTERNATIONAL RESIDENTIAL CODE® 43
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 783.231.2555 Facsimile: 763.231.2561 pianners@nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 6, 2005
RE: Oak Park Heights Oak Park Ponds and Kowalski's Market
Signage Variance
FILE NO: 798.02 05.11
BACKGROUND
EPKLOSURE 3
Beth Holmgren, representing United Properties and the property owner Prudential Life
Insurance of America, has made application for sign variances to allow an increase in
overall sign area for the shopping center's pylon sign and to allow Kowalski's Market to
exceed the allowable sign area on the pylon sign.
The current pylon sign for the development is 200 square feet in size. In January of
2002, the City Council approved a variance to allow the signage of the pylon to increase
to 310 square feet. That approval has since expired in that the applicants did not
improve the sign as planned. The current request is for the same sign area variance.
Kowalski's Market is requesting an additional allowance of signage from the allowable
500 square feet in the Zoning Ordinance. The variance will allow for the preferred
amount of signage on the proposed pylon sign.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Oak Park Ponds Site Plan
Proposed Pylon Sign
Proposed Monument Signage
Existing Kowalski's Signage
ISSUES ANALYSIS
Existing Signage. Exhibit D indicates the existing Kowalski's signage that has been
constructed to date. The signage totals 407 square feet and 500 square feet are
allowable for this business. Eq Life received a variance at the August 23, 2005 City
Council meeting to allow five wall signs over the allowable three. The Zoning Ordinance
permits additional signage on the pylon or monument sign as long as the total square
footage does not exceed 500 square feet. The total Eq Life wall signage proposed at
this time totals 162 square feet.
The existing Oak Park Ponds pylon sign is 136 square feet and 30 feet in height.
Proposed Signage.
Monument Signage. Kowalski's proposes adding 27 square feet of additional signage
to one monument sign on Neal Avenue. Eq Life proposes to add signage to two
monument signs on Neal Avenue and 58 Street. Both signs would be 27 square feet.
The proposed monument signage is within the limits allowed for each business.
Pylon Signage., The existing basic sign structure will remain but the proposed sign is
34 feet in height and a total of 310 square feet, thus requiring a variance. This is a
similar request to what was approved by the City Council in 2002. The Zoning
Ordinance allows an area identification sign in the Destination Retail Highway Sign
District of 200 square feet and 40 feet in height. The sign is already developed with a
planter box at the base of the sign in accordance with sign requirements.
Kowalski's is requesting 79 square feet of signage on the pylon sign. With the existing
signage and proposed monument and pylon signage, the total area of Kowalski's
signage is 513 square feet. A variance would be required to exceed the allowable
signage of 500 square feet.
Section 401.04.A.5 of the Zoning Ordinance states that a variance from the terms of this
ordinance shall not be granted unless it is demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of special
conditions and circumstances 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. Literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance or deny the applicant the ability to put the property in question to a
reasonable use.
c. The special conditions and circumstances causing the undue hardship do not result
from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance to other lands, structures or buildings in the same
district under the same conditions.
e. The request is not a result of non conforming lands, structures or buildings in the
same district.
2
f. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
Staff recommends allowing the pylon sign to be increased to a total of 310 square feet
and to allow 520 square feet of total signage for Kowalski's. The City has, in the past,
granted variances to Rainbow, Kowalski's, and Eq Life to allow additional size and
number of signs to address the lack of visibility of the shopping center. The overpass of
Highways 36 and 5 provides a significant visible barrier for businesses in this shopping
center, thus justifying the increase in sign area.
CONCLUSION /RECOMMENDATION
Based upon the preceding review, City staff recommends the variance request be
approved for the Oak Park Ponds Shopping Center and Kowalski's Market based upon
the finding that the shopping center visibility is compromised by the overpass of
Highways 36 and 5, with the following conditions:
1. The area identification pylon sign shall be allowed to be increased in size to a
maximum of 310 square feet and contain individual tenant identification.
2. The pylon sign shall not exceed a total height of 35 feet.
3. Kowalski's Market shall be permitted to have up to a total of 520 square feet of
wall and freestanding signage.
4. All sign panels shall be lit in accordance with the Zoning Ordinance sign
provisions including the requirement that signs with internal lighting shall include
illumination of only the text and/or logo portion of the message.
".°11. 1
UJl
1
1
111
11
11
111
11
0 1
---i 1 i
1
1 1 1
1 1
1 1
1
1 1
1 1 1 1 "1
II 1
i
i I
1 1
i 1
l i 1
1
11
111
111
110
0
10
f
MI ......t
i 1
1
k.. e i
e #f
/1
7"As
7 :i■,,, 4..%
I i/
Qu
1/
1
<#K
te 8 8
EE
'i'l
'N%, N /1/1/
/"'N 'VI/
j
EXHIBIT A
1
11
TA. SK IAGE
BA. SIGNAGE
112 -3"
GRADE
100 -0" Y
4
4
LLYWOOD
AOO TIQMALTEMANT;
OODITIONAL TOMS
14' -a"
KOWALSKI'S
0MA KET0
10' -o"
OPTION n
BINE CORY
BUY. MIL TRADE
health wellness technology
IIDMONAL TEOAMTS
DDDITIOIIAITENAMTS
r r
"f"qillr .,vr.„ .ri y. .rvi.,,,
(ALL 6lGNAW PANELS TO BE HEW)
(EXISTING STRUCTURE TO REMAIN UNCHANGED)
(RAISE TOP SKNAAE BOX ABOVE STRUCTUUE)
TOTAL 51GN6GE 5F. a 310 5F.
FIELD VERIFY
NEW SIGNAGE PANEL
(19 5F. OF SIGNAAE)
ADJUSTABLE
MULTI TENANT 6GE PANEL
(231 SF. CF 6IGNAiCGE)
EXISTING STRUCTURE
TO REMAIN PAINT BLACK
EXISTING 13A5E
1 LANDSCAPING
TO REMAIN
EXHIBIT B
'EN
II 9. II.
"41
11.1lii
g
a
Zi5
u,
3d
—1
d) 0
r- Z
CNA Z.:
1
1
1
1
4A o
1
1
1
1
1
1
1
aj
tt 9 owl"! 4 r
ftt
cistxa Hoivw au ixvw
:1 4
cY
fl
0 0
1 0- 1 1 ow'
IIC
1
1
1
1
1
1
1
1
1
1
1
110" t
wiaL usIxa tic-,6
EXHIBIT C
ht3
it t
M9•st
a9•1£
110 It
(191X3 tom 00 X 'W �£•�6
EXHIBIT D
City of Oak Park Heights
To: Planning Commission
From: Julie Hultman, Planning 85 Code Enforcement Officer
Date: October 6, 2005
Re: 2005 -2006 Meeting and Council Representation Schedule Update
The Council Representation schedule was presented for review and updating
in August, at which time Chair Runk requested it be carried to the
September meeting. In September, Chair Runk volunteered to be the
October Representative to the City Council and carried review and updating
of the schedule the October meeting.
With there being only 2 months of the 2005 schedule to cover, I have set the
schedule out to include 2006. At this point, I have simply followed the
rotation that has been primarily adhered to with the 2005 schedule.
I would anticipate bringing this back for updated review in March or April of
2006 as the annual meeting of the Commission would be during that time
as would be discussion of commission terms scheduled to expire at the end
of May.
For now, I ask that you take a moment to review the dates and Council
Representative assignments and either affirm that the schedule is
acceptable as provided or amend it as best suits the availability of the
Commission.
ENCLOSURE
If there are amendments to the schedule, I will update it and provide each of
you with a copy for your records.
Thank you.
Development
Application
Deadline
For
Planning Commission
Meeting
To Be Held
Commission
Representative
To
City Council Meeting
2005:
October 12
November 10
Caspers
November 9
December 8
Dwyer
2006:
December 14, 2005
January 12
Liljegren
January 11
February 9
Wasescha
February 8
March 9
Runk
March 15
April 13
Caspers
April 12
May 11
Dwyer
May 10
June 8
Liljegren
June 14
July 13
Wasescha
July 12
August 10
Runk
Au: st 16
Se tember 14
Cas ers
September 13
October 12
Dwyer
October 11
November 9
Liljegren
November 15
December 14
Wasescha
2007:
December 13, 2006
January 11
Runk
PLANNING COMMISSION
Regular Meeting Dates
Lts
Development Application (for Public Hearing)
Submittal Deadlines
Commission Representation Schedule
At the Council Meeting
The Month of Planing Commission Meeting
Meetings are the 2 Thursday of each month
L" J