HomeMy WebLinkAbout2012-08-23 CC Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date August 23rd, 2012
Time Required: 10 Minutes
Agenda Item Title: Kowalski's Sign V. l ance — 5801 Neal Ave. N.
Agenda Placement New B -s/
Originating Department/Reques . Eric Johnson, City Administrator
Requester's Signature
Action Requested See hed
Background/Justification (P1- . indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached documents from Mr. Scott Richards / TPC:
1. Planning Report from Scott Richards, TPC dated August 8 2012. Exhibits can be found
in your August Planning Commission Packets
2. Approved Planning Commission Resolution — Unsigned.
3. Proposed City Council Resolution
TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: August 8, 2012
RE: Oak Park Heights — Kowalski's Sign Variance Application, 5801
Neal Avenue North.
TPC FILE: 236.02 —11.08
BACKGROUND
Jim Kowalski, representing Kowalski's Market and Wine Shop has made application for
a Sign Variance to allow for an additional wall sign for the Kowalski's at 5801 Neal
Avenue North. The application consists of a request for a variance to allow for the
addition of an additional wall sign and to exceed the allowable sign area.
The Design Standards/Site Plan review and well as a signage variance was granted for
the Kowalski's store in 2004. The variance allowed a total of four signs for the building,
two for Kowalski's and two for Starbucks. In 2005, another variance was granted to
Kowalski's to allow for additional signage on the shopping centers pylon sign and to
increase the allowable signage for the store to 520 square feet.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Description, Deb Kowalski, July 27, 2012
Exhibit 2: Proposed "The Wine Shop" Sign
Exhibit 3: Proposed New Sign Location
Exhibit 4: Existing Multi Tenant Sign
Exhibit 5: Existing West Main Entry Sign — Starbucks
Exhibit 6: Existing North Wall Sign - Starbucks
Exhibit 7: Existing Main Entry Sign — Kowalski's
Exhibit 8: Existing North Side Wall — Kowalski's
Exhibit 9: Existing Freestanding Monument Signs — Kowalski's
Exhibit 10: Letter from Jacquelyn Quinn, Lamar Companies, July 31, 2012
Exhibit 11: Proposed Floor Plan
Exhibit 12: Planning Report, Kowalski's Market, October 28, 2004
Exhibit 13: Sign Variance Resolution, November 9, 2004
Exhibit 14: Planning Report, Kowalski's Market, October 6, 2005
Exhibit 15: Sign Variance Resolution, October 25, 2005
PROJECT DESCRIPTION
Deb Kowalski provided a project narrative as follows:
We greatly appreciate the prior approval of a liquor license for our Oak Park Heights
Kowalski's Market and Wine Shop. Thank you for considering now our application for a
signage variance for the new wine shop.
As you know, we are in process of adding a small format wine shop to our existing
market. Minnesota law requires a separate entrance for which we will need to have a
sign for customers to know where to enter.
There will be a new entrance to the exterior of the building for the wine shop. The sign
will be placed above the entrance to direct the customer to the store. No Design
Standards review is required in that the change to the exterior of the building is so
minor.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map of the Comprehensive Plan. The Kowalski's Market and Wine shop is
compatible with this land use designation.
Zoning. The property is zoned PUD Commercial Planned Unit Development. The
standards of the B -2 General Business District apply. A sign variance does not require
a Planned Unit Development amendment.
Signage.
Freestanding Pylon Signage. There is a freestanding sign with approximately 84
square feet of Kowalski's signage. The total freestanding sign is 310 square feet.
There will be no change to the pylon sign.
Monument Signage. There are four existing monument signs each with Kowalski's
signage. The monument signs did not originally contain Kowalski's identification
signage and a variance was not applied for to allow these signs on each of the
monuments. Each of the four signs is 60 square feet for a total of 240 square feet of
signage.
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Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on
separate facades. A variance has been granted in the past to allow for a total of four
wall signs with a total of 333 square feet. One additional wall sign has been proposed
(The Wine Shop) with 18 square feet which would make the total wall sign area 351
square feet. The additional wall sign requires a variance.
Sign Areas. The Zoning Ordinance allows for up to a maximum of 500 square feet of
signage in the Destination Retail Highway Sign District but a variance granted in 2005
increased that allowance to 520 square feet. The plans indicate a total of 675 square
feet of signage with the wall signs, the pylon sign and the monument sign. A variance is
required to increase the allowable sign area.
Sign Illumination. The proposed sign will be an intemally lit individual letter sign and in
compliance with the sign requirements for illumination.
A review of the variance criteria for the proposed wall sign and increase in the allowable
sign area is found as follows:
Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park
Heights Zoning Ordinance. The Planning Commission and the City Council should
review the following criteria and conditions to determine if the variance is justified.
Review Criteria. The Planning Commission and City Council should make a finding of fact that the
proposed action will not:
a. Impair an adequate supply of light 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.
Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can
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 cases 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) 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.
3) 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.
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.
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d. Granting the variance requested will not confer on the applicant any special privilege that is
denied by this Ordinance to other lands, structure or buildings n 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.
The applicants have requested the additional sign to assure identification of the wine
shop from the exterior of the building. The wine shop will have a separate exterior
entrance and the sign will be placed above this doorway. Due to the location of this
shopping center, the Kowalski's has limited visibility from 58 Street and no visibility
from Highway's 36 and 5. The applicants have indicated that not allowing a sign for the
wine shop would cause an undue hardship for their business and the ability of
customers to locate the wine shop entrance. A number of other businesses in this area
including the Burger King have asked for and received a similar variance for additional
wall signage. The proposed sign is relatively small in size and granting a variance
request for one additional sign will not create an inconvenience to neighboring
properties and uses.
The overall proposed signage is 675 square feet. The wall signage with the proposed
sign is 351 square feet and the freestanding sign is an additional 84 square feet. The
four monument signs, which all feature the wording Kowalski's Market, is 240 square
feet. The City created the Destination Retail Highway Sign District in that it recognized
the issues with visibility in this area. For these reasons, City staff recommends that the
additional wall sign and a signage allowance of 675 square feet be approved.
CONCLUSION / RECOMMENDATION
Upon review of the request for the sign variance to allow one additional wall sign and to
exceed the allowable sign area, City Staff would recommend the project with the
conditions as follows:
1. The Planning Commission should discuss the sign variance and
determine whether the request for the one additional sign and the increase
in allowable signage area is justifiable.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
3. The total allowable signage for Kowalski's Market, The Wine Shop and
Starbucks shall not exceed 675 square feet.
pc: Eric Johnson, Julie Hultman
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A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY KOWALSKI'S MARKET AND WINE SHOP FOR A
VARIANCE FOR ONE ADDITIONAL WALL SIGN AND TO
EXCEED THE ALLOWABLE SIGN AREA TO ALLOW AN
ADDTITIONAL WALL SIGN AT 5801 NEAL AVENUE NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Kowalski's
Market and Wine Shop for a Variance to allow one additional wall sign and to exceed the
allowable sign area at 5801 Neal Avenue North; and after having conducted a public
hearing relative thereto, the Planning Commission of Oak Park Heights makes the
following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned PUD Commercial Planned Unit Development.
Requests to add additional wall signs over the two allowed and to exceed the allowable
sign area require a variance; and
4. Design Standards/Site Plan review and well as a signage variance was
granted for the Kowalski's store in 2004. The variance allowed a total of four signs for
the building, two for Kowalski's and two for Starbucks. In 2005, another variance was
granted to Kowalski's to allow for additional signage on the shopping centers pylon sign
and to increase the allowable signage for the store to 520 square feet; and
5. The applicants have requested a sign variance to allow for one additional
wall sign of 18 square feet on the building and to increase the allowable sign area to 675
square feet; and
6. City staff prepared a planning report dated August 8, 2012 reviewing the
request; and
7. Said report recommended approval of the Variance for one additional wall
sign and to increase the allowable signage for the store to 675 square feet subject to the
fulfillment of conditions; and
8. The Planning Commission held a public hearing at their August 16, 2012
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Kowalski's Market and Wine Shop for a Variance
to allow one additional wall sign and to exceed the allowable sign area at 5801 Neal
Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
The Planning Commission recommends to the City Council of the City of Oak Park
Heights approval of the Variance for the one wall sign and to exceed the allowable sign
area subject to the following findings of fact:
1. The applicants have proposed an additional wall sign of 18 square feet to
allow identification of the entrance to the Kowalski's wine shop.
2. The applicants have also proposed increasing the allowable sign area for
the store to 675 square feet.
3. State law requires a separate exterior entrance for the wine shop. The
applicants have indicated that identification of this entrance is necessary
for their customers.
4. The applicants have indicated that not allowing an exterior sign for the
wine shop would cause an undue hardship for their business and the ability
of customers to locate the wine shop entrance.
5, Due to the location of this business in that it is not visible from Highways
5 and 36 and has limited visibility from 58 Street, there is justification to
allow additional signage for the Kowalski's Market and Wine Shop.
2
6. The building is located in the Destination Retail Highway Sign District in
which allowances have been made because of the lack of visibility to this
retail area from major roadways.
The approvals are subject to the following conditions:
1. The Planning Commission was favorable to the sign variance and the
increase in allowable signage based upon the findings of fact outlined
within their recommending resolution.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
3. The total allowable signage for Kowalski's Market, The Wine Shop
and Starbucks shall not exceed 675 square feet.
Recommended by the Planning Commission of the City of Oak Park Heights this
16 day of August, 2012.
Jennifer Bye, Chair
ATTEST:
Eric A. Johnson, City Administrator
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ATTACHMENT A
Variance for One Additional Wall Sign
To Exceed Allowable Sign Area
Kowalski's Market & Wine Shop
5801 Neal Ave. N.
Legally described as: Lot 2, Block 1, Subdivision Cd 00202
Washington County GEO Code: 06.029.20.11.0011
ATTACHMENT B
Sign Variance
For Kowalski's Market & Wine Shop
5801 Neal Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Planning Commission Public Hearing & Recommendation: August 16, 2012
Variance — Lapse of Approval:
Unless the City 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 this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.4.0 .1 — 401.4.C.2)
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY KOWALSKI'S MARKET AND WINE SHOP FOR A
VARIANCE FOR ONE ADDITIONAL WALL SIGN AND TO
EXCEED THE ALLOWABLE SIGN AREA TO ALLOW AN
ADDTITIONAL WALL SIGN AT 5801 NEAL AVENUE NORTH BE
APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Kowalski's
Market and Wine Shop for a Variance to allow one additional wall sign and to exceed the
allowable sign area at 5801 Neal Avenue North; and after having conducted a public
hearing relative thereto, the Planning Commission of Oak Park Heights recommended
that the request be approved with conditions. The City Council makes the following
fmdings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned PUD Commercial Planned Unit Development.
Requests to add additional wall signs over the two allowed and to exceed the allowable
sign area require a variance; and
4. Design Standards/Site Plan review and well as a signage variance was
granted for the Kowalski's store in 2004. The variance allowed a total of four signs for
the building, two for Kowalski's and two for Starbucks. In 2005, another variance was
granted to Kowalski's to allow for additional signage on the shopping centers pylon sign
and to increase the allowable signage for the store to 520 square feet; and
5. The applicants have requested a sign variance to allow for one additional
wall sign of 18 square feet on the building and to increase the allowable sign area to 675
square feet; and
6. City staff prepared a planning report dated August 8, 2012 reviewing the
request; and
7. Said report recommended approval of the Variance for one additional wall
sign and to increase the allowable signage for the store to 675 square feet subject to the
fulfillment of conditions; and
8. The Planning Commission held a public hearing at their August 16, 2012
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the request be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Kowalski's Market and Wine Shop for a Variance
to allow one additional wall sign and to exceed the allowable sign area at 5801 Neal
Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
The City Council of the City of Oak Park Heights approval of the Variance for the one
wall sign and to exceed the allowable sign area is based on the following findings of fact:
1. The applicants have proposed an additional wall sign of 18 square feet to
allow identification of the entrance to the Kowalski's wine shop.
2. The applicants have also proposed increasing the allowable sign area for
the store to 675 square feet.
3. State law requires a separate exterior entrance for the wine shop. The
applicants have indicated that identification of this entrance is necessary
for their customers.
4. The applicants have indicated that not allowing an exterior sign for the
wine shop would cause an undue hardship for their business and the ability
of customers to locate the wine shop entrance.
5. Due to the location of this business in that it is not visible from Highways
5 and 36 and has limited visibility from 58 Street, there is justification to
allow additional signage for the Kowalski's Market and Wine Shop.
2
6. The building is located in the Destination Retail Highway Sign District in
which allowances have been made because of the lack of visibility to this
retail area from major roadways.
The application is approved by the City Council of the City of Oak Park Heights subject
to the following conditions:
1. The Planning Commission was favorable to the sign variance and the
increase in allowable signage based upon the fmdings of fact outlined
within their recommending resolution.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
3. The total allowable signage for Kowalski's Market, The Wine Shop
and Starbucks shall not exceed 675 square feet.
Approved by the City Council of the City of Oak Park Heights this 23rd day of
August, 2012.
David Beaudet, Mayor
ATTEST:
Eric A. Johnson, City Administrator
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ATTACHMENT A
Variance for One Additional Wall Sign
To Exceed Allowable Sign Area
Kowalski's Market & Wine Shop
5801 Neal Ave. N.
Legally described as: Lot 2, Block 1, Subdivision Cd 00202
Washington County GEO Code: 06.029.20.11.0011
ATTACHMENT B
Sign Variance
For Kowalski's Market & Wine Shop
5801 Neal Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s) /Legal Description(s)
Planning Commission Public Hearing & Recommendation: August 16, 2012
Variance — Lapse of Approval:
Unless the City 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 this variance. The property
owner shall have the right to submit an application to extend the approval of a variance to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.4.0 .1 — 401.4.C.2)