HomeMy WebLinkAboutFully Executed Variance DocumentPile No.: 798.02 -06.08 Council Action: November 28 2006
Date Issued: December 4th , 2006
Legal Description: ( Washington County Geo. Code 05- 029 -20 -12 -0046)
Address: 500 Washington Ave. So.
Minneapolis, MN 55415
Applicant: Lawrence Sign
On behalf of Buffalo Wild Wings
945 Pierce Butler Road
St. Paul, MN 55104
Site Address: 5991 Norwich Ave.
Present Zoning District: B-4, Limited Business
CITY OF OAK PARK HEIGHTS
VARIANCE PERMIT
BUFFALO WILD WINGS
Lot 4, Block 1 ,
Oak Park Commons
Owner: CSM Equities L.L.C, a Delaware Limited Liability Company
Permitted uses set forth in ordinance 401 Section 401.301
VARIANCE PERMIT:
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 facade shall not exceed 24 square feet in sign area and shall be
centered above the rear service door. Also see City Council Resolution 06- 12 -51.
III. Reference Attachment:
The report of the City Planner dated October 27, 2006 and sign plan approved by the City Council are
annexed hereto by reference.
IV. Abandonment: This permit requires continuous use in order to preserve the Variance granted by the . City
under the terms hereof. Any discontinuation or abandonment of the Variance permitted hereunder upon the
site for a period of 12 continuous months shall constitute abandonment and voids the permit.
V. Annual review: Annual review Xis lis not imposed as a condition of this permit
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: By ►,�;
Beaudet
r
1 r
Owne
CSM Equities L.L.C, a Delaware Limited Liability Company
CITY OF QAK PARK HEIGHTS
Eric Johnson
City Administrator
EXHIBIT "A"
PLANNERS REPORT AND SITE PLANS
BACKGROUND
ISSUES ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.2 31 .25 55 Facsimile: 763.23 1 .2501 planners@nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM Scott Richards
DATE: October 27, 2006
RE: Oak Park Heights — Buffalo Wild Wings at Oak Park Commons:
Sign Variance and Requested Deviation from Design Guidelines
FILE NO: 7 98.02 — 06.08
Representatives of Lawrence Sign, on behalf of Buffalo Wild Wings, have made
application for a sign variance and deviation from the Design Guidelines for a new store
location at 5991 Norwich Avenue North in the _ Oak Park Commons shopping center.
The sign variance request would be to allow three wall signs versus the two that are
allowed by 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 dashed line on the awnings would be considered a color wrap which is not allowed .
under the Design Guidelines. The property is zoned B -4, Limited Business District.
Attached for reference:
Exhibit 1: Site Location Map
Exhibit 2: Variance Request Letter, Steve Rutkowski, October 6, 2006
Exhibit 3: East Elevation
Exhibit 4: North Elevation
Exhibit 5: West Elevation
Exhibit 6: Awning Details
Exhibit 7: Parking and Window Signs
Sign Variance. The applicant has proposed three wall signs on . the east, north and
west elevation. Section 401.15. G .10.d .4) indicates that:
"The number of individual wall signs shall be limited to one (1) per
entrance, and each sign shall be limited to the maximum wall sign
allowances permitted in the district. Tenants on building ends may have a
maximum of two (2) signs, each to be located at the front and side
elevations of the tenant space."
The applicants have asked for ree igns so that the business is identified on all visible
sides from Highway 36. The bui ding is highly visible from Highway 36 and is not
obstructed from view by other buildings, topography or stands of trees. Section
401.15.G.16 of the Zoning Ordinance lists the criteria for granting variances from the
sign regulations.
Criteria. Additionally, the City Council shall make a finding of fact that an
undue hardship or injustice exists if a variance was not granted and
therefore, may grant such variations based upon consideration of the
following:
1)
That particular physical surrounding, shape, or topographical
conditions of the specific parcel of land involved exist.
2) That the condition involved is unique to the particular parcel of land
involved.
3) That the purpose of the variation is not based exclusively upon a
desire to increase the value of income potential of the business
involved.
4) That the alleged difficulty or hardship is caused by this Ordinance
and has not been created by any persons presently having an
interest in the parcel.
5) That the granting of the variation will not be detrimental to the
public welfare or injurious to other land or improvements in the
neighborhood.
6) That the proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion of the public streets or interfere with the function of the
Police and Fire Departments of the City.
Based upon the above criteria, there is no hardship that would justify the granting of this
variance.
As indicated, the location of Buffalo Wild Wings in this shopping center has maximum
visibility Highway from Hi hwa 36. There are no unique circumstances or hardship that would
apply request. to this re uest. Two wall signs will more than adequately serve to identify this
business.
2
Two of the requested signs, on the east and north elevations, are illuminated logo
cabinet signs on a yellow background. The yellow background is a corporate
identification color and would be considered as part of the wall sign. The Zoning
Ordinance allows for a total of 300 square feet of wall signage. The north elevation sign
is 190 square feet, the east elevation is 190 square feet, and the west elevation is 44
square feet. The requested signage is 424 square feet. A variance would be required
to allow this amount of signage for Buffalo Wild Wings.
Design Guidelines. The Design Guidelines specify that the primary exterior building
color shall be soft, warm earth tones and that less than five percent of the building shall
be rimy or vivid colors. On the east elevation, the yellow color would constitute 10.4
p ry
percent of the building. On the north elevation, the yellow would be 11.8 percent of the
building. The proposed yellow sign color far exceeds the allowable five percent of
primary or vivid color. A variance for the sign size would be required as well as an
•
allowance for deviating from the Design Guidelines.
The Design Guidelines also prohibit building color wraps, neon and internally illuminated
awnings. The color banding featured on the awnings would not be allowed nor would
the color banding features on the railings for the outdoor seating area. The applicant
has requested a deviation from the Design Guidelines to allow the corporate
identification features.
Staff would recommend against any deviation from the Design Guidelines to allow for
the v ellow color for the signage, and the color banding for the awnings and railings. The
Cit y has been very cautious in the past in deviating from these provisions. It is difficult
to deny the next applicant the same or even more significant deviations if it has been
previously allowed.
The City council may vary from the Design Guidelines through a resolution. It does not
require a variance, conditional use permit, or other process. The City has specifically
prohibited color fields or bands for buildings because of light, glare and visual distraction
issues. There is no hardship specific to the building or location that could justify varying
from that requirement.
RECOMMENDATION AND CONCLUSION
Based upon the analysis and review of the zoning criteria, staff recommends denial of
the sig n variances and Design Guidelines deviations for the signage, color fields and
color bands for Buffalo Wild Wings.
3
r5 rth in -.44 F4,4311 i2e.f.')A Pyre 11 worts. oteo
uc
0
ii
10/6/2006
ic --
i .,...,.
• .
4 ,!
1
1 •
•. •
• -• • .• • 4t
1.
•■••••,. ••••-•- • "'-
AO
IS I.. ritfr...
••••.•
.2
•
October 6, 2006
Best regards,
Steve Rutkowski
Lawrence Sign
Mr. Eric Johnson
Planning Department
City of Oak Park Heights
14168 Oak Park Blvd.
Oak Park Heights, MN 55082
wre
i
Re: Variance Request for Buffalo Wild Wings at Oak Park Commons
EiSkiL
ce
Dear Eric,
On behalf of Buffalo Wild Wings, Inc. Lawrence Sign respectfully requests a variance to
the Oak Park Heights Commercial Sign Ordinance related to the property located at the
Oak Park Commons. As a critical part of their typical due diligence, Buffalo Wild Wings
has secured approval from the land owner to install a total of three (3) building signs,
one on each of three elevations of the lease space. Furthermore, the Landlord's sign
criteria allow large tenants occupying an end cap to identify each elevation. Inline tenant
spaces are limited to sign placement on two elevations, the front and the rear.
Our request is based on the importance of identifying each elevation visible to a public
thoroughfare and surrounding private retail parking areas with the Buffalo Wild Wings
brand mark, and the fact that an ambiguous situation exists between the approved PUD
for the development and the descriptive text that accompanied it.
An additional consideration is that should Buffalo Wild Wings be granted a variance for
the additional sign, the net result to the City of Oak Park Heights is fewer signs and less
sig n area on the facility. Based on the Buffalo Wild Wings lease space requirements,
the restaurant will be using what was originally slated as three (3) tenant spaces. If the
three individual lease spaces were used for separate tenants, the gross number of signs
would be a total of six (6), two for each tenant. With Buffalo Wild Wings occupying all
three spaces there will be fewer signs on the building overall.
Pease consider our variance request to the code sections related to the total number of
signs and advise me of any additional information necessary to properly review the
request and consider approval of the variance.
Buffalo Wild Wings is anxious to finalize a commitment to the Oak Park Heights location
and this is the last element of their due diligence process. Thank you for your
assistance.
A 945 PIERCE BUTLER ROUTE ■ ST. PAUL, MINNESOTA 55104 x.651.488.6711 A FAX 651.488.6715
www.lawrencesign.com
0
2
a
0
0
0
2
1
5
0
0
.0-J - M - WMO .
>2<W,W,,,, ,2,,i,- __,_
,,51*
- a<fiRo, <
oc, .. • L '
w.10,-CILL.QmOT.2MWO-1- M
' 0 ,2w00. , 2,A LW .,,R
'
, , o'n2TE!ot- 0
< w m. -.
o
,,,, mx- th
> ,,, „ co ci.„ 0 aw0 L.,
:
2 ,f,! ,
0 ,
5 .
2 a,w
wLVE" ‹im w,w
' .n. a>
F-0.1tTa22.1i
1121 <
1
‘
0
0
W
0
0
0
0
(0-1 -x.100200 €!,0Ct10 ' ((J (003 •
(n cp
�G7Q €s]
Q _eta ` .t'� ,3° 3 ,t
,9
-1 rD �t,3 4< .-
7-. ,I, L,',._<
.
G: - Cs u -- E-- G 0
:1"J 0 , awm,mR
z
0
0
3
0
w
Z
J
r
«o - 'g
C r6
to
0
0
uj
6
i
5
2
D
w0-J-cruic020aw=m0-tu;wa00- .
Ez
(7,..o ( T ) ta C m
n(--°w624,
w wmo.0,LL<Ix- z w- 0.
'W, L
6 II,LuTmo,t
w ao -wpw OW 0 w
fttW
P 4
zwa_o m
mm o
wowo ...
IMM,MOLLDD XX,00,>< 0u
—w-JMOW,
z
0
(")
i5Z
<
(Th
111 uJw
M
6)
W
W M N
LU
I N
0
W <
'— —1 LL:
<<
W
< z
_;-(= P
az
<
Lu
m <
<
sz
z
ca 1;3.
0 .6 m
0
0 z
<
W 0 0
LU
LL
V— W
0 C-0
CN 4t
< <
(-) m
Z
EL L 1-1
< (-)
n <
<
<
0 1—
z
.7c
Lu .,
02+
z 0
2
Lui t±Z
<
O
14. W
L.) Z
<
W
n .6 m
z
LI
0
0 0-
'
co 0
0
W0- . aw0020MW=MpJL . 9 ( 6.1200 '
,
,„,
..J2E, 0 .- _,
,'. 0 0 ; w " 4
.,0.0a occ,00l, cf3am_J
-)4411 1:.2i2LeipgL''
, .„,,,00, „„. „..
L r.---,,t2u),
c _ uEuu_ws,-..w -
, WLL. m0 7, 1-1, Rii.20, -1. m
E < 0Loucu-L,,,,-2,,,,,22,05 _41),v,u,mcnuiLL,
,, .
,20,
9 F.—. .1—o
..
LLI
0
z
ti
fig
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 f rorr the Design
Guidelines for restaurant location at at 5 99.1 Norwich Avenue North in the Oak Park Shopping.
Center; and after having conducted a public hearing relativeithereto,_ the Plana in Conim ssion of
Oak Park.: Heights',recornnended that the sign variances be denied and the request for D.es gn
'Guidelines-deviation be partially approved. The City Council of the City of Oak Park Heights
makes the following findings of fact: '
,SnLUTIPN ESTABLISHI'NG'FI1vDINGS OF FACT
nLTJTION OF THE CITY COUNCIL REG.ARDING THE
QUEST BY LAWRENCE SIGN ON BEHALF OF BUFFALO WILD
S; FOR SIGN VA►.IZ.IANCES AND DEVIATION FROM THE DESIG
GUIDELINES FOR A RESTAURANT LOCATION AT 5991 NORWICH
AVENUE NORTH IN THE OAK PA SHOPPING CENTER
and
and
follows, to wit:
RESOLUTION NO 0 - f2
CITY COUNCIL
CI TY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
The real property affected: by said application is legally described,as
SEE ATTACHMENT A
SEE ATTACH M ENT B
. 2. The applicant; has submitted an application and: supporting
. 'documentation the Conyhunity De el9parn_ eat Department consisting of the' following items
3 The sign request would be to allow three signs versus. the twof_that are
allowed by the Sign Ordinance. Two of the r.equested.wall signs would exceed the allowable
sign area if the color background: is considered' as:_sig = - area; The color -wrap proposed osed on
awnings and outdoor seating area Would also not be, allowed-Under /the Design Guideline
request; an
City .staff prepared ,a planting report .dated - October 27, 20Q6 reviewing the
5. The planning report dated October 27, 2006 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, took comments from the applicants and public-, closed the public and
Sig!). Variance
recommended that the sign variances be denied and the request for Design
be partially approved.
NOW, THE IT TOSOL RESOLVED BY ME CIT
THE CITY OF OAK PAID HEIGHTS THAT TIMMY COUNCIL
FOLLOWING:
follows: 1
variance is approved with the following condition:
Guidelines'
OUNCIL FOR
SOLVES THE
Be and the same as. hereby resolved. by the City Council of the
eviati.on
A. The application submitted by , L wrence Sign on behalf of Buffalo Wild Wings for signs-
variances and deviation from -the Design Guidelines for a restaurant location at . 5991_ Norwich
Avenue . North in the Oak Park Shopping . C enter and affecting they real property as foi ows
.
SEE ATTACHMENT A
of oak -,Park - Heights : as
The City Council approves the request for .a .sign variance to allow a .dotal ,: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
• a The sign to be placed on the west facade - 'shall not exceed 24 square feet in si
area and shall be centered above the -rear service door.
. - - The City Council does not ,consider the • black, white and yellow colors proposed on -the
building facade as signage and said area will not c ount against permitted ; sign allowances.
r
Design ; Standards
s
3. The City Council approves deviation from the Design Guidelines as
c.
L- -
The black awmings shall be allowed and will not :count against- the total 'allowance
for primary all . vivid, colors as specified in the Design uidel nes.
The dashed color band on the awnings shall be permitted.
The decorative color bands` on the outdoor .seating railings shall not be alloyed
d. The black, , white and yellow .colors proposed on the :building facade shall be
considered as primary or vivid colors. Less than. 5 percent of the ° building; facades
shall be primary . or vivid colors.
son City Administrator
J
ti
2006.
Approved by .the` pity ,Council of the City of Oak Par . eights this 2.
David B `e au d e t, Mayor
ti
ti
Attachment A
Washington County GEO Code: 05-029-20-12-0046
Legal Description: Within Lot 4, dock 1, Oak Park Commons
Physical Address: 5991 Norwich Ave. N.
ATTACHMENT B
Sign Variance & Deviation From Design Guidelines
Buffalo Wild Wings — 5991 Norwich Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailin g List from Washington County (3507150' from subject property)
Conference With City Staff Upon Application Submittal: October 25, 2006
Tannin g Commission Public Hearing & Recommendation: November 8, 2006
Required Approvals: VARIANCE
City Council 4/5
Variance - Lapse of Approval:
Unless the Cit y Council specifically approves a different time when action is officially
taken on the request, the variance shall become null and void twelve (12) months after
the date of approval, 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
submitted to' the Zoning Administrator not less than thirty (30) days before the expiration
of said approval. (401.04.C.4.1 and 2)
BUFFALO WILD WINS
GRILL .Zit BAR
November 2 1 . 2f .11)()
or David lieatith.-t
oi Oak Park 1-k-i
I I( Oak d N
Onk Park 1-1eir2ht MN 55(1S.'
RE: Proposed Buffalo \Vild \\in t4s Gra ar — Oak Park on
Dear Nlayor Beaudet
(I)ii behalf of Buffalo Wild Wings, inc. 1 Jun pl,msed to present to the City of Oak Park Heights our plans
for developing a nev. Buffalo Wild Wings, :ifid highlight fur you ',Ind the City Council the importance of
achieving our standard wtint l trado dress and signage package.
As you are aware. we bcuan discussions with the developer olOak Park COI unons, CSM Equities, well
o\ er one ■, ago. We performed an extensive market and trade arca review of the Oak Park Heights
area and were very impressed \\ ith the rate ofgrowth and new developmentin the area. We followed
thi'; due diligence with several months of lease negotiations, design of the store space and exterior
image. and imalizinu the proposed signage the restaurant for ui CD 1 ind lke d Estztte Committee. A
great deal or time. ellort and expenditure,s k‘ as recorded. "[he 13 \\\\ internal reviev, process is vet
deliberate, and the information we prepare is shared with our company's senior management in
Minneapolis every month. Al each tcp in the process. many questions are raised., and a great deal of
time is spent reviewing the signage flu.1 image of the building, so a to ensure conformance with our
national trade dress standards. 1 an pleased to report to you that pending a successful outcome of our
sign and trade dress variance request \\ L.- are prepared to execute the lease and move forward with the
constructing and opening this location in 200
The items of critical impoitincc LO LIS in this particular development are: 1 i the BWW logo signage with
yellow building [-IFS and blaci: white highlights at the store entrance(North & Fast Elevations): 2)
the placement of a third ,nialler sign on the•West building elevation: and, 3) the use °lour black and
yellow checkered window awnings, These elements are all part of our standard trade dress package. and
represent how our customer identify a Buffalo Wild Wings location, We are \Killing compromiw on
the size and type of siun proposed on the West budding elevation, but believe it is very important to
help achieve the level of brand recoLmition necessary to make this a successful new store location. We
‘vould be agreeable to either a smaller set of letters. NVIth011t the grt 11 and bar add on, or a -;maller
13 \-\ W logo i in place of the si presented n the Planninu Commission,
We •look forAztrd to a successful resolution ol these variance requests. and niovirt lorward with he
construction of this project , Tha n
you for your attention.
BUFFALO ‘VILD WINGS. INC.
/( 14
(JEe Remus
Director of Real Estate
Page 46 of 64
1
1111 ;!‘ •
1 '—oi,c;
z
P
i20
�.w
0
Ell
P1
0
0
0
z
c
F
0
0
8
-i
0
y
i
b' T
m
zn>
a z
tn
rn
m
F; 0 C
z
75 A
v - 1
13 m
cn m
Z
d
0
rn
rn
0
33
0
m
m
m
Q
rn
� Lc
r
z
0
-1
D
'42
0
z
m
0