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Home My WebLink About2006-12-04 CC Meeting Packet Enclosure•if, w O a k Park Heights R equest for C otincil action Meeting Date December 4"' 2006 Time Required: 5 Min Agenda Item. Title: Buffalo Wild Wing ---- Variance/Design Guidelines Deviation Oak Park. Commons) — RESOI..,UTION ESTABLISHING FINDI - NGS OF FACT Agenda Placement New Business Originating Department/ ue for X� �ohnson City Administrator Requester's S i gnature Action Requeste lonsid and vpLoye Resolution Background /Justification e las idicate if' any previous action has been taken. or if other public bodies have advised): �.r Please See Attaclied froin Scott Richards,- 1. Final Revised Planning Commission Resolution (unsigned) 2. Proposed City Council Resolution as revised from 14 /28/06 Meeting, 24 of 31 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDATION TO THE CITY COUNCIL REGARDING THE REQiJEST BY LAWRENCE SIGN ON BEHALF OF BUFFALO WILD WINS, FOR SIGN VARIANCES AND DEVIATION FROM THE DESIGN GUIDELINES FOR A RESTAURANT LOCATION AT 5991. NORWICH AVENUE NORTH IN THE OAK PARS SHOPPING CENTER WHEREAS, the City of Oak Park Heights has received a request from Lawrence Sign on behalf of Buffalo Wild Wings for sign variances and deviation from the Design Guidelines for a restaurant location at 5991 Norwich Avenue North in the Oak lark Shopping Center; and a. #.`ter+ having conducted a public hearing relative thereto, the Planning Coninlission of Oak Park Heights makes the following findings of fact: follows, to merit: an I . The real property affected by said application is legally described as 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT B 3. The sign request would be to allow three signs versus the two that are allowed by the Sign Ordinance. Two of the requested wall signs would exceed the allowable sign area and the color background would not be allowable under the Design Guidelines. The color wrap proposed on the awnings and outdoor seating area fence would also not be allowed under the Design Guidelines. request; and 4. City staff prepared a planning report dated Octobers 27, 2006 reviewing the 5. The planning report dated October 27, Doh recommended against approving the sign variances and deviation from the Design Guidelines. 6. The Planning Commission held a public hearing at their November 9, 2006 meeting, tools comments from the applicants and public, closed the public hearing, and made the following recommendation 25 of 31 NOW, , 'THEREF ORE, BE IT RESOLVED BY THE PLANNING COMMISSION ION FOR THE CITY of OAK PARK HEIGHTS THA "r THE PLANNING COMMISSION RECOMMENDS THE FO A. The application submitted by 1,awrence Sign on behalf of Buffalo wild wings for sign variances and deviation from the Design Guidelines for a- restaurant location at 5991 Norwich Avenue North in the oak Park Shopping Center and affecting the real property as follows: Be and the sane as hereby recommended to the City Council of the City of Oak Park Heights as follows: Sign variance 1, The Planning; Commission recommends that the request for a sign variance to allow a total of three wall signs and to exceed the square footage allowance for wall signage be denied in that there is no hardship as related to visibility frorn adjacent roadways. Design Standards 2, The Planning Commission recommends deviation from the Design Guidelines as follows: a, rlthe black awnings shall be allowed and will not count against the fatal allowance for primary or vivid colors as specified in the Design Guidelines. b. The dashed color band on the awnings shall be permitted. C. The decorative color bands on the outdoor seating railings shall not be allowed, d. The black., white and yellow colors proposed on the building facade shall be considered as sign.age and counted against the permitted allowances. Recommended by the Planning Commission of the City of Oak Park l Icights this 9 1" day of November 2006. Mike Runk., Chair ATTEST: Eric A. Johnson, City Administrator 2 26 of 31 RESOLUTION NO$ CITY COUNCIL CITV OF OAK PARK HEIGHTOs WASHINGTON COUNTY., MINNESOTA, A R FS0I J JTJON ESTA 11 SHING FINDINGS of FACT AND RESOLUTION of THE CITY C O JNCIf, REGA_RDJNG THE REQUEST BY L AWRENCE SIGN ON BEHALF OF BUFFALO 'GILD WINGS FOR SIGN VARIANCES AND DEVIATION FROM THE DESIGN G1_J DE1_j1.N`V S FOR A REST.AtJRA NT LOCATI AT 5991 NORWICH H AVENUE NORTH IN THE OAK PARK SHOPPING CENTER WHEREAS, the City of oak lark Heights has received a request from Lawrence Sign on Behalf of Buffalo 'wild wings for sign variances and deviation from the Design. Guidelines for a restaurant location at 5 991 Norwich Avenue North in the Oak Park Shopping Center; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the sign variances be denied and the request for Design Guidelines deviation be partially approved. The City Council of the City of Oak lark Heights makes the following findings of fact: l , The rear property affected by said application is legally described as follows, to wit: SEE AT`"fA.CHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following i.terns: SEE A`1 "TA.CHMI�NT B and I The sign request would be to allow three signs versus the two that are allowed by the Sign Ordinance. Two of the requested wall suns would exceed the allowable sign area if the color background is considered as sign area. The color wrap proposed on the awnings and outdoor seating area fence would also not be allowed under the Design. Guidelines. 4. City staff prepared a planning report dated October 27, 2006 reviewing the request; and 5. The planning report dated October 27, 2006 r econ against approving the sign varianoes and deviation from the Design. Guidelines, 6. The Planning Commission held a public hearing at their November 9, 2006 meeting, took comments frorn the applicants and public, closed the public hearing, and 27 of 31 recommended that the sign variances be denied and the request for Design Guidelines deviation be partially approved. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY of OAK 'ARK HEIGHTS THAT THE CITY COUNCIL RESOLVES THE FOLLOWINCr. A. The application submitted by Lawrence Sign on behalf of Buffalo wild wings for sign variances and deviation from the Design Guidelines for a restaurant location at 5991 Norwich. Avejiue North in the Oak Park Shopping Center and affecting the real property as follows. SEE ATTACHMENT A Be and the sane as hereby resolved by the City Council of the City of oaf. Park Heights as follows: Sign variance l . The City Council approves the request for a sign variance to allow a total of three wall signs, the hardship being limitations of visibility from Highway 36 and the need to adequately identify the rear entrance to the building for deliveries. The request for the variance is approved with the following condition: a. The sign to be placed on the west fagade shall not exceed 24 square feet in sig area and shall be centered above the rear service door. 2 The City Council does not consider the black, white and yellow colors proposed on the building faVade as signage and said area will not count against permitted sign allowances. Design Standards 3. The City Council approves deviation from the Design Guidelines as'follows: a, The black awnings shall be allowed and will not count against the total allowance for primary or vivid colors as specified in the Design Guidelines. b. The dashed color band on the awnings shall be permitted. C. The decorative color bands on the outdoor seating railings shall not be allowed. d. The black, white and yellow colors proposed on the building f a�ade shall be considered as primary or vivid colors. Less than 5 percent of the building facades shall be primary or vivid colors. A 28 of 31 , Approved the City Council of the City of oak Park Heights this 28"' day of November �� y 2006. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 29 of 31 Attachment A Washington COU11ty GEo Code: 05- 029-20 -12 -0046 Legal Description; Wiffiin Lot 4, Block `I, Oak Park Commons Physical Address 5991 Norwich Ave. N. i t 30 of 31 ATTACHMENT B V Sign variance & Deviation From resign Guidelines Buffalo wild Wings — 5991 Norwich Ave, N. Application Materials Application Form 0 Fees # Flan Sets ( Large Scale Sets/20 11 I7 Sets) 0 Written Narrative and Graphic Materials Explaining Proposal 0 Mailing List from Washington county (350'I150' from subject property) Conference with City Staff Upon Application Submittal: October 25, 2006 Planning Commission Public Nearing & Recommendation: November 8, 2006 Required Approvals, VARIANCE City Council 4/5 V ariance - Lapse of Approval; Unless the city COL11161 specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve ( months after the date of appr - oval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the variance, An application to extend the approval of a variance shall be subn t6 the Zoning Administrator not less than thirty (3o) days before the expiration of said approval. (401.04.C.41 and 2) 31 of 31