HomeMy WebLinkAbout1998-05-07 NAC Planning ReportPLANNING REPORT
TO: Tom Melena
FROM: Scott Richards
DATE: 7 May 1998
RE: Oak Park Heights - Menard's Sign Variances
FILE NO: 798.02 - 96.10
BACKGROUND
Menard's Inc. has applied for a variance from the Zoning Ordinance requirements to allow
for signage over and above what was allowed by the approvals granted by the City Council
on 27 March 1995. It was at that meeting the City Council granted a conditional use permit
and variances for parking, fence height, and signage for the Menard's project. Menard's
is located at 58th Street and Krueger Lane on property described as Lot 1, Block 1 of
Brackey Addition.
The City Council granted variances to allow for a 200 square foot pylon sign (150 square
feet allowed by Ordinance), the 312 square foot Menard's sign and 60 square foot
welcome sign (150 square foot wall sign allowed by Ordinance), and six of eight wall
mounted signs indicating products (paint, lumber, carpet, etc.). When the Menard's was
constructed, all eight of the product signs were installed on the front facade. Additionally,
at the yard entrance, Menard's installed lit "in" and "out" signs, a lit "lumber yard entrance"
sign, and another wood four foot by eight foot "lumber yard entrance" sign with additional
directions for customers. Staff has determined that the "in" and "out" signs are directional
and allowed on the site by Ordinance. The two "lumber yard entrance" signs are over the
four square foot requirement and also require a variance for approval.
Attached for reference:
Exhibit A - Building Elevations
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 61 2-595-9636 FAX 612-595-9837 E-MAIL NAC WINTERNET.COM
ISSUES ANALYSIS
Section 401.04.A.4 and 401.04.A.5 of the Oak Park Heights Zoning Ordinance Lists criteria
for review and conditions of approval for variances. In considering all requests for a
variance or appeal, the City Council shall make a finding of fact that the proposed action
will not:
a. Impair an adequate supply of Tight and air to adjacent property.
b. Unreasonably increase the congestion in the public street.
c. Have the effect of allowing any district uses prohibited therein, permit a lesser
degree of flood protection than the flood protection elevation for the particular area,
or permit standards which are lower than those required by State law.
d. Increase the danger of fire or endanger the public safety.
e. Unreasonably diminish or impair established property values within the
neighborhood, or in any way be contrary to the intent of this Ordinance.
f. Violate the intent and purpose of the Comprehensive Plan.
g .
Violate any of the terms or conditions of Item 5, below.
Additionally, a variance from the terms of this Ordinance shall not be granted unless and
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 district.
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
3
)
)
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.
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.
Page 2
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.
It is staff's position that a variance is not warranted for the two product signs reading
"Hardware" and "Lumber" on the main front facade in that adequate signage was granted
for the Menard's signs through the previous variance.
As you may recall, staff had recommended that none of the eight product signs be allowed
in that they are unjustified, there is no hardship, and there are no unusual or unique
circumstances related to the property to allow for a variance under the criteria listed above.
Staff does recommend allowing the one lit ` =lumber yard entrance" sign in that it does
provide direction on site and that its size is necessary considering the overall size of the
facade. The other wood "lumber yard entrance" sign should not be allowed in that it is
redundant and again there is no hardship or unique circumstances related to the property.
Menard's Inc. did not provide any written justification or explanation of hardship for the
sign variance application submittal.
Page 3
CONCLUSION
Based upon the preceding review, our office recommends approval of the variance for the
one lit "lumber yard entrance" sign. The request for the two additional product signs and
the second "lumber yard entrance" sign should be denied in that they are not consistent
with the criteria for granting a variance found in Sections 401.05.A.4 and 401.04.A.5 of the
Zoning Ordinance.
pc: Mayor and City Council
Mark Vierl i ng
Joe Anderl i k
Gary Colby
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EXHIBIT A