HomeMy WebLinkAbout2005-03-03 NAC Planning Report0 0
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Mernorisal Highway, Suite 202, Golden Malley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners@na-cplanning.co
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 3, 2005
RE: Oak Park Heights — Ruby Tuesdays Request for Variance,
PUD Amendment, and Design Guidelines Review
FILE NO: 798.02 — 05.02
BACKGROUND
Jerry Ruta, representing Ruby Tuesdays, has made application for a sign variance,
PUD amendment, and Design Guideline review for a LED band to be placed at the roof
cap of the nearly completed building. The property located at 13375 60 Street
North within the Shoppes of Oak Park Heights. Approvals for the project were granted
in April of 2004. At that time, the resolution of approval included a condition that
prohibited LED strip lighting at the roof cap for the Ruby Tuesdays building. The sign
regulations of the Zoning Ordinance and the Design Guidelines prohibit light bands as
proposed. The property is zoned B -2.
Attached for reference:
Exhibit 1: Exterior Elevations (two pages)
Exhibit 2: Exterior Pictures of LED Board (three pages)
ISSUES ANALYSIS
Proposed LED Band. The applicant has proposed an LED band on the four sides of
the front entrance roof cap and on the canopy structure. Additionally, the lighting is
proposed along the roof caps of portions of each of the four building facades. The LED
band is red in color and would resemble a band of neon. As indicated, the original
project approvals specifically prohibited color bandings.
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Zoning Ordinance /Sign Regulations. Section 401.15.G.5 of the Zoning Ordinance
indicates that neon signs shall be limited to channel letter signs, logos, and permanent
window signs in the B -2 District. City staff has determined, based upon Zoning
Ordinance definitions, that the proposed LED banding would be considered as signage,
and more specifically as neon signage. As such, the color bands are not allowable in
the Zoning Ordinance. A variance from Section 401.15.G.16 shall be required to allow
the proposed color bands. The criteria for review of a sign variance areas follows:
Criteria. Additionally, the City Council shall make a finding of fact that an undue hardship or
injustice exists if a variance were 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. The City has in the past approved variances for signage and specifically to
allow two additional signs for Ruby Tuesdays. The Council granted these additional
signs to allow specific identification of the businesses and to assist potential customers
in finding the restaurant. The LED band does nothing to enhance the visibility of the
building. It is contrary to the Zoning Ordinance and Design Guidelines that prevent
unnecessary color banding of buildings. The City Council specifically prohibited this
additional architectural feature to reduce the amount of light and glare from a building
fagade and so as to prevent the proliferation of franchise architecture and building
features in the community.
PUD Amendment. The resolution of approval by the City Council in April of 2004 and
the conditional use permit specifically prohibited the color band on Ruby Tuesdays with
the following language:
"No LED strip lighting shall be permitted at the roof cap for the Ruby
Tuesdays Building."
An amended PUD will also be required to change the original PUD approvals.
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Design Guidelines. The Design Guidelines states the following as it relates to custom
architecture:
"Buildings and accessory structures shall be designed specifically for the
site and to relate to the existing buildings around them and in the area
(style, color, materials, etc.). Franchise architectural (building design that
is trademarked or identified with a particular chain or corporation, is
generic in nature, or the building design, through its architecture or
materials, functions as a sign) is prohibited. Also prohibited are building
color wraps, neon and internally illuminated awnings."
The City determined that the architecture of the Ruby Tuesdays building was similar to
the architecture of the overall development, consistent with the Design Guidelines and
of high enough quality that there was not an issue if the same building architecture had
been employed in other areas of the State or County. The guidelines specifically
prohibit color wraps. The propose color band is contrary to this requirement.
The City Council may vary from the Design Guidelines through a resolution. It does not
require a variance, conditional use permit, or other process as outlined in the Zoning
Ordinance.
As indicated before, the City has specifically prohibited color bands for buildings
because of the light, glare and visual distraction issues. There is no hardship specific to
this building or location that would justify varying from that requirement.
RECOMMENDATION AND CONCLUSION
Based upon the analysis above and review of the zoning criteria, staff recommends
denial of the PUD amendment, sign variance and Desig Guideline approval for the
proposed LED color band for Ruby Tuesdays at 13375 60 Street North.
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OAK PARK HEIGHTS AY TUESDAY
EXHIBIT A: LED BAND EXAMPLE(EDEN PRAIRIE)
EXHIBIT 2
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