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Home My WebLink About2005-12-07 WC Recorded Document #3556562 - VarianceSTATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) NOTICE OF CERTIFICATION I the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Variance: 5ignage For Kow `'s Market / Oak Park Ponds (NAC File No. 798.02 - 05.11 & City File No. 2005-10-24) with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full true and complete fete copy, which can be viewed at the city offices, of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 8th day of November, 2005. 3556562 Office of the County Recorder Washington County, MN Certified tiled and!or recorded on: 2005/12/07 3:40:00 PM 3556562 Cindy Koasmenn County Recorder OCT-31-2005 11:32 File No.: 798.02-05.11 Date Issued: October 25,2005 Legal Description: (Washington County Geo. Code 06.029.20.11.0011) Lessee: Kowalski's Market Address: 5801 Neal Ave. Oak Park Heights, MN 55082 Site Address: 5801 Neal Ave Oak Park Heights, MN 55082 OAK PARK HEIGHTS CITY P.02/12 CITY OF OAK PARK HEIGHTS VARIANCE PERMIT FOR KOWALSKI'S FOR SIGNAGE AT 5801 NEAL AVE. AT OAK PARK PONDS SHOPPING CENTER Lot 2, Block 1, Oak Park Ponds Addition Owner: Prudential Insurance Company of America do United Properties Address: 444 Cedar St Suite 900 St Paul, MN 55101 Present Zoning District PUD-Planned Unit Develo ment and 13-.2 General Business Di et Permitted uses set forth in Ordinance 401 Section 401.30 1. VARIANCE PERMIT: Sign variances to allow an increase in overall pylon sign area for the Oak Park Ponds Shopping Center and an increase in the allowable sign, area for Kowalski's Market at 5801 Neal Avenue North as depicted in the attached site plan. The sign variances have been requested to allow the Oak Park Ponds pylon sign to be increased to a total of 310 square feet and to allow a total of 520 square feet of total signage for Kowalski's. Under Section 401.15.G, Signs of the Zoning Ordinance, the pylon sign would be limited to 200 square feet and Kowalski's a total of 500 square feet of allowable signage; nr 11: 1 ,i7c1 C1'7?,1, P n2 OCT-31-2005 11 :32 All uses shall be subject to the following conditions and/or restrictions imposed by the October 25, 2005 Resolution of the City Council of the City of Oak Park Heights as follows: 1. The Oak Park Ponds 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 freestandin 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. The City Council has determined hardship and the reasons to grant the request based on the following: 1, The application requests an increase in allowable signage from. 200 square feet to 310 square feet for the Oak Park Ponds Shopping Center pylon sign. 2. The application requests an increase in allowable signage from 500 to 520 square feet for Kowalski's Market 3. The overpass of Hi„ Away 36 and Highway 5 provides a significant visibility barrier for businesses in Oak Park Ponds Shopping Center, resulting in a haTdship for advising in this location. M. Reference Attachment: The reports of the City Planner dated October 6, 2005 and site plan approved by the City Council are annexed hereto by reference. f 1r"T__ 1 _'cif 1 1 ,1 r? a71 A70 C777A OAK PARK HEIGHTS CITY P.03/12 Date: / OCT-31-2005 11:32 rri WITNESS WHEREOF, the parties have set forth their hands and seals. Date: titO E3/(Yc Date: OAK PARK HEIGHTS CITY P.04/12 Prudent mural= C mpany of America c/o United Properties By Its A70 [7:17A cia./ ID MA OCT-31-2005 11:32 OAK PARK HEIGHTS CITY P.05,12 EXHIBIT "A" PLANNER'S REPORT AND SITE PLANS • A CR1 A :7,i OCT --31 -2005 11:32 NORTIEJ.WEST ASSOCIATED CONSULTANTS, INC. 4$00 Olson N1 em o rial highway, ��1�rin �ng:�at'� Telephone: 763,231 .25 FaI m l i e 7 63. `1� . Ee i P I,�n r C ENCLOSURE 3 PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE October 0, 2005 � RE: Oak Park Heights — Oak Park Ponds and Kowalski's Market Signage Variance FILE NO: 79$.02 - 05.11 BACKGROUND United Properties and the property owner Prudential Life Beth �olr��ren, representing �n� p . America, has made application for sign variances to allow an increase in Insurance of A pp sign ., sign shopping center's pylon sign and to allow Kowalski 's Market to overall sign area for the shcpp g pY exceed the allowable sign area on the pylon sign. square feet in size. In January of development is 200 s � he current pylon sign for the p roved a variance to allow the sidnage of the pylon the City Council app on to increase to 310 square feet. That approval has since expired in that the applicants did not improve the si lanned. The current request is for the same sign area variance. m � � n as p • • the allowable et is requesting an additional allowance of signage from th Kowalski Market g g 500 square feet in the Zoning in 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 a: OAK PARK HEIGHTS C I T Y Oak Park Ponds Site Plan Proposed Pylon Sign PropoSed Monument Signage Existing Kowalski's Signage fi -Q Ci 77,,A P.05/12 P . OCT-31-2005 11:32 OAK PARK HEIGHTS CITY P.07/12 ISSUES ANALYSIS Existing Signage. Exhibit D indicates the existing Kowalski :s signage that has been constructed to dot signage The si a totals 407 square feet and 500 square feet are g siness, Lif received a variance at the August 23, 2005 City allowable for this business, Eq 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 �t�orial s g na e g pY footage does not exceed 500 square feet. The total Eq Life wall signage proposed at this time totals 162 square feet, pylon existing Oak Park Ponds lon sign is 136 square feet and 30 feet in height. .Proposed Slgnage. i' proposes adding 27 square �ignage. Kowalski 's propose g uare feet of additional signage q to one monument sig n an 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 pro osed monument signage is within the limits allowed for each business, p 0 na g P na e. The existing basic sign structure will remain but the proposed sign is lan �� g in height q 34 feet . and a total of 310 square feet, thus requiring a variance. This is a � request to what was approved by the City council in 2002. The Zoning similar req pp � Ordinance allows an area identification sign in the Destination Retail Highway Sign District of square 200 s uare 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. '' is requesting 79 square feet of signage on the pylon sign, With the existing Kowalski 's E q g q signage and proposed a d osed monument and pylon signage, the total area of Kowalsk ., s p signage is 5q 13 square feet. A variance would be required to exceed the allowable signage of 500 square feet. Section 4 01.04.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 wilt 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 g Y 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. Grantin g 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 �,� 417q f 24 98% P.07 OCT ---31 --2005 11:33 O k: PARK HEIGHTS CITY f. The request is not a u5e, variance, 9. 'The variance requested is th e minimum variance necessary to accomplish the _ intended ur ose of the applicant. P p request does not create an inconvenience c e tv neighboring properties and uses. The re 9 p p h. q s1 n to be increased recommends allowing the pylon d to a total of 310 square feet � �� na e for Kowalski 's. The City has, in the past, and to allavv�� sgvarefeetoftota g 9 ., ''� and Eq Life to allow additional size and granted variances f a Rainbow, �Cawals�t� � � 'bill of the shopping center. The overpass of number of signs to address the lack of visibility � p� � . � in this shopping and provides a significant visible barrier for businesses Highways 3 � a p center thus justifying the increase in sign area. CONCLUSION/RECOMMENDATION ` City staff recommends rn c r� d s the variance request be Based upon the preceding review, fy � .� Shopping Center and Kowalski 's Market based upon approved for the {yak. Park Ponds �l��n y✓� i�►�y{* p i � w V `` . s compromised center visibility is by the overpass of the finding that the shopping ce � Highways 36 and 5, with the following conditions: pylon sign shall be allowed to be increased . The area �dentificaton i py � eased in size to a maximum of 310 sq uare feet and contain individual tenant identification. 2. The pylon sign shall not exceed 2 total height of 35 feet. •� permitted to have u �. Kowalski 's Market shall be peen up to a total of 520 square feet of wall and freestanding signager 4. ill sign panels shall be lit in accordance with the Zoning Ordinance sign provisions including the requirement uirement that sig ns with internal lighting shall include �� q illumination of only the text and/or logo portion of the message. 3 a71 r 7q qR>. P.05/12 P 09 OCT-31-2005 11:33 id„ , r rI J r fCT- -T 1--7 11:4R }r OAK PARK HEIGHTS C I T Y f= 47R AS74 1 ir — tr - --0 — —0 1 • / � / EXHIBIT A • P.O9.'12 .I 1, i ' f � I f rr, e r ;/ 'mo � / I' r / fc / i iii / / / '' 'N , '' if / 0 c/ / / ,, N ' °/ / 5 d',/ ,/ 4 7„ 1 // / / / – r.rr w w r+.++.rr� �71 r i k /, I / / ' Y C7 -_ CI- LD hiG c P. P9 3 OCT-31-2005 11:33 40.4 OAk PARK HEIGHTS CITY P.10,12 4 LL/ D Viag health wet1nes technology ittihMOULTEILUIllc insmoULTWAIll ncT 11:4R . ;51 4 7 A5'74 sumnizi sutall.w.kat uoiriatILMIAiti ftiammomminglimmwmmmorromimmaimammimmmmil ormarmWmpimmwommommommommoMmmmmoommm mmwommommonammommillowm:rawm IN MO Ems sireams OM WEI IIIIISIMIW.I.mall• SIMMIIIIIM I ENIIIIIIIMIII IMP awl WM MINNIIIIIIIIIIII NM NM =ISM mmomplowmpommsommmimm9IMMMOMWOmmwmmW..amMr440, dial ■ini Ni ...., • ,,_•.. ,... ...4.,.....s. .,:,. . . OITIoN 6IGNAGE poEus TO 5E NM (EXI6TNG MOIRE TO 1104 04C44.014epi (RAW TC:r fik54 IsaX Mart OTRUCTIPE) TaTAL !SWAM 6F. FIELD VEMFY Attu elavez pmr1 es, giGat.r) ADJATAIBLE I1T1 MAW 61,94A4E PEL C231 5F, cf. 6$24.45E) 125416.11Na Bigkitzze 10 REMAIN PANT E51Ac:K XI8T1/45 1343E 1 LANDCZAPit'a TO MUD.' EXHIBIT B 9R. P.10 pr I7 OCT-31-2005 : 11:33 l� H9 -7 in 1 1 :41R 'E0 ~It Cl HO,: i 01) OAK PARK HEIGHTS CITY L1 crJ ifi.51gH 1V10.1 P.11/12 EXHIBIT C OCT-- 31-205 11:34 OAK PARK HEIGHTS CITY tY Fc 0 ..R1 ;i `7Q f R7A 4D 0 00 6 6 risixa i au XvrW P.12 12 410 EXHIBIT D TOTAL P.12 P 4