HomeMy WebLinkAbout2005-03-03 NAC Planning ReportNORTHWEST ASSOCIATED CONSULTANT SF INC*
4800 Olson Mernorial Hi Suite 202, Golden Valle MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231.2561 plan nerd nacpla nnin
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 3, 2005
RE: Oak Park Hei — Rub Tuesda Request for Variance,
PUD Amendment, and Desi Guidelines Review
FILE NO: 798.02 — 05-02
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Jerr Ruta, representin Rub Tuesda has made application for a si variance,
PUD amendment, and Desi Guideline review for a LED band to be placed at the roof
cap of the nearl completed buildin The propert is located at 13375 60th Street
North within the Shoppes of Oak Park Hei Approvals for the project were g ranted
in April of 2004. At that time, the resolution of approval included a condition that
prohibited LED strip li at the roof cap for the Rub Tuesda buildin The si
re of the Zonin Ordinance and the Desi Guidelines prohibit li bands as
proposed. The propert is zoned B-2.
Attached for reference:
Exhibit 1: Exterior Elevations ( two pa
Exhibit 2: Exterior Pictures of LED Board ( three pa
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 canop structure. Additionall the li is
proposed alon the roof caps of portions of each of the four buildin facades. The LED
band is red in color and would resemble a band of neon. As indicated, the ori
project approvals specificall prohibited color bandin
ca
Zonin Ordinance/Si Re Section 401.15.G.5 of the Zonin Ordinance
indicates that neon si shall be limited to channel letter si lo and permanent
window si in the B-2 District. Cit staff has determined, based upon Zonin
Ordinance definitions, that the proposed LED bandin would be considered as si
and more specificall as neon si As such, the color bands are not allowable in
the Zonin Ordinance. A variance from Section 401.15.G.16 shall be re to allow
the proposed color bands. The criteria for review of a si variance areas follows:
Criteria. Additionall the Cit Council shall make a findin of fact that an undue hardship or
in exists if a variance were not g ranted and therefore, ma g rant such variations based
upon consideration of the followin
1 That particular ph surroundin shape, or topo conditions of the specific
parcel of land involved exist.
2 That the condition involved is uni to the particular parcel of land involved.
3 That the purpose of the variation is not based exclusivel upon a desire to increase the
value of income potential of the business involved.
4 That the alle difficult or hardship is caused b this Ordinance and has not been
created b an persons presentl havin an interest in the parcel.
5 That the g rantin g of the variation will not be detrimental to the public welfare or in
to other land or improvements in the nei
6) That the proposed variation will not impair an ade suppl of li and air to ad
propert or substantiall increase the con of the public streets or interfere with
the function of the Police and Fire Departments of the Cit
Based upon the above criteria, there is no hardship that would justif the g rantin g of this
variance. The Cit has in the past approved variances for si and specificall to
allow two additional si for Rub Tuesda The Council g ranted these additional
si to allow specific identification of the businesses and to assist potential customers
in findin the restaurant. The LED band does nothin to enhance the visibilit of the
buildin It is contrar to the Zonin Ordinance and Desi Guidelines that prevent
unnecessar color bandin of buildin The Cit Council specificall prohibited this
additional architectural feature to reduce the amount of li and g lare from a buildin
fa and so as to prevent the proliferation of franchise architecture and buildin
features in the communit
PUD Amendment. The resolution of approval b the Cit Council in April of 2004 and
the conditional use permit specificall prohibited the color band on Rub Tuesda with
the followin lan
"No LED strip li shall be permitted at the roof cap for the Rub
Tuesda Buildin "
An amended PU® will also be re to chan the ori PUD approvals.
W
Desi Guidelines. The Desi Guidelines states the followin as it relates to custom
architecture:
"Buildin and accessor structures shall be desi specificall for the
site and to relate to the existin buildin around them and in the area
( st y le, color, materials, etc.). Franchise architectural ( buildin g desi that
is trademarked or identified with a particular chain or corporation, is
g eneric in nature, or the buildin desi throu its architecture or
materials, functions as a si is prohibited. Also prohibited are buildin
color wraps, neon and internall illuminated awnin
The Cit determined that the architecture of the Rub Tuesda buildin was similar to
the architecture of the overall development, consistent with the Desi Guidelines and
of hi enou q ualit y that there was not an issue if the same buildin architecture had
been emplo in other areas of the State or Count The g uidelines specificall
prohibit color wraps. The propose color band is contrar to this re
The Cit Council ma var from the Desi Guidelines throu a resolution. It does not
re a variance, conditional use permit, or other process as outlined in the Zonin
Ordinance.
As indicated before, the Cit has specificall prohibited color bands for buildin
because of the li g lare and visual distraction issues. There is no hardship specific to
this buildin or location that would j ustif y var from that re
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Based upon the anal above and review of the zonin criteria, staff recommends.;
,f , si variance and Desi Guideline approval for ;
enial of the PUD amendment
proposed LED color band for Rub Tuesda at 13375 60"' Street North.
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OAK PARK HEIGHTS I !TUESDAY
EXHIBIT A: LED BAND EXAMPLE(EDEN PRAIRIE)
EXHIBIT 2
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