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HomeMy WebLinkAbout2012-05-01 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, May 1, 2012 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. March 20, 2012 5. Public Hearings a. 7:00 p.m. or later: South 6. New Business Sign Setback Variances for Holiday Stationstore, 280 McKnight Road a. Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334 b. Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5(d) 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. Commissioner report for the city council meeting of April 9, 2012. Commissioner Nuss was scheduled to attend. There were no items scheduled for the planning commission at this meeting. b. Commissioner report for the city council meeting of April 23, 2012. Commissioner Bierbaum was scheduled to attend. There were no items scheduled for the planning commission at this meeting. c. Upcoming city council meeting of May 14, 2012. The Holiday sign variances are scheduled for this meeting. Commissioner Fischer is scheduled to attend. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 20, 2012 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Chairperson Fischer. 2. ROLL CALL Commissioner Boeser had a ction to the approval of the minutes. It was missing that Commissioner Pearson had seconded the motion. s submitted. AI Bierbaum, Commissioner Joseph Boeser, Commissioner Tushar Desai,Commissioner Lorraine Fischer, Chairperson Tanya Nuss, Commissioner Gary Pearson, Commissioner Dale Trippler, Commissioner Staff Present: 3. APPROVAL OF AGENDA Commissioner Trippler moved to a Seconded by Commissioner Ayes - All The motion passed. 4. APPROVAL OF MIN Commissioner Pearson moved to approve the March 6, 2012, minutes as amended. Seconded by Commissioner Trippler. Ayes - Chairperson Fischer, Commissioner's Bierbaum, Boeser, Nuss, Pearson & Trippler Abstain - Commissioner Desai The motion passed. 5. PUBLIC HEARING a. Building Setback Variance for Venner Plaza Shoppes, 1987 County Road D i. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. March 20, 2012 Planning Commission Meeting Minutes 1 Chairperson Fischer opened the public hearing. 1. Sheldon Berg, DJR Architecture, 333 Washington Ave N, Ste 210, Minneapolis addressed and answered questions of the commission. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to approve the resolution attached to the report approvinq a 20- foot buildinq setback variance from the Interstate 694 riqht-of-wav. The code reauires a 30 foot buildina setback. This variance approval is based on the followinq findinas: a. The lot shape makes it difficult to meet setback requirements because of its tapered shape. b. Approval of the building setback variance would be in harmony with the general purposes and intent of the ordinance because of the extremely wide highway boulevard. c. Approval of the building setback variance would be consistent with the city's comprehensive plan and would encourage the redevelopment of an aging commercial site. d. The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city's building setback requ' ents. The plight of the landowner is due to circumstances unique to the property not d by the landowner and the variance will not alter the essential character of the loc . Commissioner Boeser wanted it and would like the employ spaces may be 9 feet w' . All requirements. t . 8l'itq..: DRB his concerns about the parking stall widths paces to be signed as such. Only the employee parking king spaces shall comply with city code width Seconded by Commissioner Bierbaum The motion passed. This item goes to the city council b. Conditional Use Permit Request for Used Car Sales, 2610 Maplewood Drive i. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. Chairperson Fischer opened the public hearing. 1. Jan Schulte, Kline Auto World, 2610 Maplewood Drive, Maplewood, addressed and answered questions of the commission. Chairperson Fischer closed the public hearing, Commissioner Pearson moved to approve the resolution approvinq a conditional use permit to allow the sale of used cars at 2610 Maplewood Drive. Approval is based on the findinas reauired bv ordinance and subiect to the followina conditions: 1, The city council shall review this permit in one year. 2. All activity shall be confined to the site, There shall be no loading or unloading of vehicles on the street rights-of-way. March 20, 2012 Planning Commission Meeting Minutes 2 3. The applicant shall comply with and observe the city's noise ordinance as it relates to PA systems or any other business activity. 4. Comply with all city ordinance requirements for signage and parking. Seconded by Commissioner Boeser Ayes - All The motion passed. This item goes to the city council April 9, 2012. 6. NEW BUSINESS None. 7. UNFINISHED BUSINESS 8. None. ~ VISITOR PRESENTATIONS 1. Margaret Behrens, 1393 Kohlman Avenue st, plew d. Ms. Behrens stated Lakeview Lutheran Church has been trying to get the d area at the corner of Hwy 61 and County Road C cleaned up because it's kind~li9ht nd the church has been trying to work with Kline Auto World to get the area c1ea . ta ill alert the code enforcement officer about the dumping that has occ d a 0 tion. COMMISSION PRESENT A N b. Upcoming city council me' of March 26, 2012. There is not a planning commissioner scheduled to attend since thiS date is designated under one of the "vacant" PC positions. Commissioner Nuss will represent the PC. The items scheduled for review are the 2013-2017 CIP and the Setback Variance for Venner Plaza Shoppes at 1987 County Road D. , ncil meeting of March 12, 2012. Commissioner Desai e ere no planning commission items to be heard. 9. a. Commissioner repo was scheduled to at 10. STAFF PRESENTATIONS None. 11. ADJOURNMENT Chairperson Fischer adjourned the meeting at 8:03 p.m. March 20, 2012 Planning Commission Meeting Minutes 3 MEMORANDUM SUBJECT: LOCATION: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Charles Ahl, Assistant City Manager Sign Setback Variances-Holiday Stationstore 280 McKnight Road South April 18, 2012 TO: FROM: INTRODUCTION Project Description Dave Edquist, representing Holiday Stationstores,lnc, is proposing to install a four-foot by eight-foot changeable copy, dynamic display sign panel in each of Holiday's freestanding signs. The sign spacing requirements in the sign ordinance require that dynamic display signs have the following minimum separations: . 200 feet from a park or open space . 200 feet from a residential lot line . 100 feet from a side property line Requests This proposal will require the following variances (refer to the applicant's attached narrative and justification): Northerlv Freestandina Siqn . Reduction of the spacing requirement from the Ramsey County Regional Park from 200 to 90 feet (110 foot variance). . Reduction of the spacing requirement from the town home property to the south from 200 to 180 feet (20 foot variance). Southerlv Freestandina Siqn . Reduction of the spacing from the town home property to the south from 200 to 25 feet (175 foot variance). . Reduction of the side yard spacing requirement from 100 feet to 25 feet (75 foot variance). DISCUSSION Code's Intent The dynamic display sign ordinance provides restrictions to the spacing of such signs in order to: . Minimize driver distraction . Minimize their proliferation in residential districts where such signs can adversely impact residential character, and . Protect the public health, safety and welfare The code further states that, without sign spacing requirements: "There is the potential for numerous dynamic displays to exist along any roadway, If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subject to an unsafe degree of distraction and sensory overload. Therefore, requiring a limit on display times on dynamic signs is in the public interest." To summarize, the goals of the spacing requirements in the ordinance is to: 1) Preserve the residential character of neighborhoods. 2) Protect health, safety and welfare by limiting unsafe distraction and sensory overload for drivers. Staff's Evaluation Driver Impact Staff does not feel that the proposed dynamic display sign panels would be detrimental to drivers. The proposed signs would be attached to existing pylon signs that face different directions-the northerly one facing east/west and the southerly one north/south. Therefore, they would not be readable from the same direction and would not create the appearance of sign proliferation or a distraction to drivers. Also, there are no other businesses along either McKnight Road or Lower Afton Road in Maplewood who might wish to utilize such signs thus adding to sign proliferation. This is an automatically-limiting aspect guarding against additional dynamic displays as opposed to typical commercial districts with many businesses along a roadway, Another factor is that the both the Holiday Stationstore and the Shamrock Center to the west have quite a substantial commercial visual impact with their building, signs, lighting, 2 fueling centers and traffic activity. Staff feels that the addition of two four by eight foot dynamic display sign panels would not add significantly to the Holiday site or this commercial intersection. Residential Impact Staff does not feel that the proposed dynamic display sign panels would be detrimental to the abutting townhomes to the east or south. The town homes to the south are well screened by evergreens on the Holiday site. Those to the east are over 200 feet away so the required separation would be met. There are also trees to buffer the sign from those townhomes. Park and Open Space Impact The proposed dynamic display sign on the north pylon sign would not adversely impact the Ramsey County Regional Park open space. This is not an active-recreation part of the park. Therefore, staff does not feel there would be any negative impact to park aesthetics as there could be if there were abutting picnic grounds, for example. Largely, with the exception of a segment of the pedestrian trail north of Lower Afton Road, there is nothing to be affected by the addition of the proposed sign panel, only woodlands. And as stated above, the visual impact of the existing site is considerably greater than the addition of the proposed sign panel. State Law Findinqs All variances must follow the requirements provided in Minnesota State Statutes. State law requires that variances shall only be permitted when they are found to be: 1. In harmony with the general purposes and intent of the official control; 2. Consistent with the comprehensive plan; 3. When there are practical difficulties in complying with the official control. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. Staff feels that because of the right-angle orientation of the two signs, along with the wooded nature of the nearby regional park, the proposed sign panels would be in harmony with the general purposes and intent of the ordinance. This orientation would prevent the two proposed sign panels from being seen at the same time and becoming potentially distracting to drivers as same-orientation signs might. The two proposed signs would also be consistent with the comprehensive plan. They provide commercial- development elements that would match this commercial site and conform to the goals of the comprehensive plan. There are practical difficulties in complying with the spacing requirements of the ordinance. According to statute, practical difficulties mean that the applicant would use the property in a "reasonable manner" not permitted by the ordinance. In this case, it seems reasonable to staff to allow both signs, because: 3 . The evergreens on the south side of the property would buffer the proposed sign from the nearby neighbors. . The two Holiday signs are set at right angles to each other preventing the appearance of "sign proliferation," "sign clutter" or adding to "sign distraction" for these proposed dynamic display sign panels. . The nearby part of the Battle Creek Regional Park is a non-active park. The sign would not detract from the enjoyment of this open space since it is a wooded area and the only active element is a trail section within the woods. . The site is extensively developed with a commercial building, fuel islands, fueling canopy, and lighting and is affected by a significant amount of commercial activity. Considering that, two four by eight foot signs would not be a significant addition to this existing commercial site. RECOMMENDATION Adopt the attached resolution approving the following sign-separation variances for 280 McKnight Road South: Northerlv Freestandina Sian . Reduction of the spacing requirement from the Ramsey County Regional Park from 200 to 90 feet (110 foot variance). . Reduction of the spacing requirement from the townhome property to the south from 200 to 180 feet (20 foot variance). Southerlv Freestandina Siqn . Reduction of the spacing from the townhome property to the south from 200 to 25 feet (175 foot variance). . Reduction of the side yard spacing requirement from 100 feet to 25 feet (75 foot variance). Approval of these variances is based on the following findings: 1. Because of the right-angle orientation of the two signs, along with the wooded nature of the nearby regional park, the proposed sign panels would be in harmony with the general purposes and intent of the ordinance. This orientation would prevent them from being seen at the same time and becoming potentially distracting to drivers as could same-orientation signs. 4 2. The proposed dynamic display sign panel on the north pylon sign is set at a right angle to the wooded open space across Lower Afton Road making it less noticeable from that direction. 3. The two proposed signs would be consistent with the comprehensive plan. They provide commercial-development elements that would be compatible with this commercial site and conform to the goals of the comprehensive plan. 4. There are practical difficulties in complying with the spacing requirements of the ordinance. According to statute, practical difficulties mean that the applicant would use the property in a "reasonable manner" not permitted by the ordinance. In this case, it seems reasonable to staff to allow both signs, because: . The evergreens on the south side of the property would buffer the proposed sign from the nearby neighbors. . The two proposed Holiday dynamic display signs would be set at right angles to each other preventing the appearance of "sign proliferation," "sign clutter" or adding to "sign distraction." . The abutting part of the Battle Creek Regional Park is a non-active park. The sign would not be a detraction since this is a wooded area and the only active element is a trail section within the woods. . The site is extensively developed with a commercial building, fuel islands, fueling center and lighting. It is also affected by a significant amount of commercial activity. Considering that, two four by eight foot signs would not be a significant addition to this existing commercial site. Approval is subject to compliance with the following condition: All of the evergreen trees on the south side of the site and south of the southerly pylon sign shall remain. If these evergreens are removed for any reason, whether by the natural death of the trees or by their intentional removal, the south-facing dynamic display sign panel shall be removed. 5 REFERENCE SITE DESCRIPTION Site size: Existing Use: 1,16 acres Holiday Stationstore SURROUNDING LAND USES North: South: East: West: Lower Afton Road and Battle Creek Regional Park Afton Ridge Town Homes Afton Ridge Town Homes McKnight Road and Shamrock Center in the City of St. Paul PLANNING Land Use Plan Designation: C (commercial) Zoning: BC (business commercial) Criteria for Variance Approval Section 44-13 of the city code allows the city council to grant variances. All variances must follow the requirements provided in Minnesota State Statutes. State law requires that variances shall only be permitted when they are found to be: 1. In harmony with the general purposes and intent of the official control; 2. Consistent with the comprehensive plan; 3. When there are practical difficulties in complying with the official control. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. APPLICATION DATE I REVIEW DEADLINE State statute requires that the city complete its review of these requests within 60 days of having a complete application. The date for the materials having been considered to be complete by the city is March 30, 2012. Therefore, deadline for the city's decision on this request is May 29,2012. 6 SEC12-28\Holiday Stationstore Sign Variance CDRB PC 5 12 te Attachments: 1. Location I Zoning Map 2. Land Use Map 3. Site Plan I Neighborhood Map 4. Applicant's Written Narrative and Sign Variance Justification 5. Existing Freestanding Signs 6. Proposed Dynamic Display Message Center Placement 7. Variance Resolution 8. Photographs date-stamped March 30, 2012 (Separate Attachment) 7 Attachment 1 LOCATION I ZONING MAP f if} o 0:: I- J: (j Z ::.:: o ~ HOLIDAY 5T A TION LOCATION J'Ff<j I'D CI ~ W N N i 317 :>1& 417 '" ;C;J E'I>S $151 416 419 ", US 4::'1) ",Hi "" :'>1'1 "" '" 31:'> '" S11 "" '" c:. o 3IOZl11 Jl:13 210t 21!i;:'ta '" M KtHGHI fl.O S 320m: 112 11)114115 tiS oT.tQ 3211 351 353 3311 't "" ~ ~- Ft,RKVI~W [ili -~ // ~ / 350 I 352 ~ '" !i: H .... :, ~ Q,lIllOOOJ 3311 CUH Mile -- Copyright MaplewoodBaseMap Chad Bergo Parcels: This data set is available to everyone. Fees and policy are published in the Ramsey County Fee Schedule. Charges are variable and are subject to change. See the Ramsey County Fee Schedule for specific information on fees and policy. http://maps.ci,maplcwood.mn.us/aspnct_clicnt/ESRIIWcbADF/PrintTaskLayoutTcmplatcs/dcfault.htm 4118/20] 2 Q~ "'.~ ~~ .;I ~ t:: ~. .~ .. ~ c y . Attachment 2 o o r-::.,.~ ~ ~ fI! () <( ill "'0 U-o .,. M ~ <l) a. C/l ~ c: ~ => <l) c: mo.=> ~~~ I c: 0 => ~ ""' 00 '-'<.o~ ~.~ z ~ZO OOi= -i=<l; -!<l;() 01-0 J:(/)-! .rn 'E (0 <l) N "O~ "(i) ro <D :+=- n:: c: <l) ~:1;! .- C/l '" <l) ~ n:: a~ :s: 'w o c: ...I <l) a :s: o ...I ~ <l) ~ () <( t o a. ~ '" ~:t::: c:: '" => -.;::; c:: 0 <ll .':0 ~ '(i) en <l) n:: C! g~ro (/) '(3 c: I... co Q) Q) 'C a E (jj .c:: E::l .!2' 0"0 J: 0 c:: z< '" -.;::; c:: <l) "0 'w <l) n:: >- - 'w c:: <l) a E ::l "0 <l) :2 o Attachment 3 Holiday Station Sign Request J o :2: EXISTiNG FREESTANDING SIGN LOWER AFTON ROAD ( o N (") N u HOLIDAY STATION 2.80 c '<( o !:l:: EXISTING FREeSTANDING SIGN ~ 't- s ~- /' / ./ 10 0,01 Copyright MaplewoodBaseMap Chad. Bergo Parcels; This data set is available to everyone, Fees and policy are published in the Ramsey County Fee Schedule. Charges are variable and are subject to change. See the Ramsey. County Fee Schedule for specific Information on fees and policy. SITE PLAN I NEIGHBORHOOD MAP http://maps.ci.InapIewood.mn.us/aspnct~client/ESRIIW ehAD F/PrintTaskLayoutT empIates/default.htm 4/17/2012 Attachment 4 Attachment 10 the request of Holiday Stalionslores for certain variancE's to allow a dyn~mic display as part of the existing freestanding signs at our Slalionslore al 280 South McKnight Rd. A. Our Request HolidayStationstores proposes to replace the mechanically changeable "Reader Board" panels 011 both freestandhtg signs with 4 ft x 8 ftelectronicalJy changeable dynantic display panels, See the alt(lc!led illustration J Before and /~fter, 2 Aeriall'iew qlour site &photos3a &b Present IlOrlher/y and .'loutherlyfreestandingsigns. To accommodate this replacement at this site of our mcchanicallychangeablc message sign panels with sign panels where the message caIlbe changed electt'onicallythese variances fromlhe city wide spacing requirements for dyriaiuic display signs will be required. ]. For the conversion of the northerly freestanding sign a. Reduction of therequired spacing from a park or open spacedjstrict (Battle CreekRegiQnalPark) from 200 tl to 90 ft. b. Reduction of the required spacing from a residential property (Atl(ln Ridge 300 -- 320 McKnight Rd $) from 200 ft to 180 ft. 2.F or the conversion of the southerly freestanding sign a. Reduction of the required spacing from a residential property (Atlon Ridge 300 320 McKnight Rd $) from 200 ft to 25 n. b. Reduction of the required spacing fmnla sideprOIJCrty line [tOnilOOft to 25 ft. B. Comprehensive Platl OUf site is recognized on the Vista Hills Land Use Plan ~)S Commercial and is zOlled Business Commercial. The continued use of the site by Holiday is consistent with andiInplemcnts the Comprehensive Plal1 and l(ming Code. The planned transitional higher density multifamily usesunounding our site has been implement and is in place. Across McKnight from oursitb inSt.Paul the Shamrock Cel1ter and adjacent apartments confirm and reinforce the cOlll111ercialactivity designation 3ndcharacter of the intersection. C: Harmony At this site the combinational' the specific conditionsofthe size and location of the proposed dynamic displays; the character of the commercial district and the limited potential for the proposed dynamic displays to define or change it; and therelationship of our site Ell1d frecstal1ding signs tt) the adjoining open space and residential uses create the condition that allows the feqi.lested varial1ces to beconfidemly granted and the proposed dynamic displaysinst<llled allhis site in harmony with the intent and purpose of the land use regulations and \vith no adverse other nuisance effects or impediments on our neighbors or thccol11munity. The proposed dynamic displays will be in harmony \vith our surroundings by these specific features. 1. Thechamcter and controls on the proposed dynamic displays. a. The dynamic displays are a replacCIllentof aile changeable message technology \vithanother, newer and as specifically regulated in the City Coele, compatible technology. b. The replaccnient will occur on thc.cxisting fl-cestandmg signs. No new signs will be i Attachment to the request of Holiday Stationstores for certain variances to allow a dynamic display as part of the existing freestanding signs at our Stationstore at 280 South McKnight Rd. c. The dynamic display area will represent less than one-third of the display area of the total sign face it will be part of. d. The replacement will occur on the lower portion of the existing signs, minimizing the visibility of the dynamic displays at distance from our site. See photo 4 context oj lower panel. e. The proposed dynamic displays will conform with each of the significant operational standards of Sec. 44- 743 (c) Standards for all dynamic display signs including the brightness standards and (d) On-site dynamic display signs. These standards regulate message continuity, letter height, malfunction, brightness, prohibition moving images and transition and duration of the display. 2. The context of the present commercial development at McKnight and Lower Anon. a. The combination of our site and the Shamrock Center across McKnight in St. Paul provides an established and significant commercial character for the area and the context for the proposed dynamic displays on our site. See photo 5 Shamrock Center. b. This commercial character and context in combination with the limited and compatible dynamic signs described in the above paragraph will not be intensified and will provide a context for and easily mitigate any potential negative effects of the proposed dynamic displays. c. The commercial activity of Shamrock Center extends beyond the location of our southerly sign. 3. The relationship to and character of Battle Creek Regional Park across Lower Afton Rd from our site. a. The Park is passive rather than active in character, minimizing the number of people who could see the dynamic display while using the Park b. The Lower Afton Rd. edge of the Park has a heavy tree cover, blocking the any view from the interior of the park to the dynamic display and the commercial district at McKnight and Lower Afton. See photo 6 Battle Creek Park. c. The Lower Afton Rd. edge of the Park is elevated approximately 15 ft about the grade of our site. The dynamic display on our northerly sign will be beneath the elevation of this ridge along Lower Afton. d. The dynamic display will not be visible from the entrance and parking areas of the Park and there are no interior trails within the Park near the site of the dynamic displays. e. The edge, not the face of the dynamic sign is oriented to the Park f. The dynamic display will be visible from the trail along Lower Afton Rd but at the height proposed they will be within the context of the background of either our Stations tore or the Shamrock Center, and the signs on the other two-thirds of the present freestanding sign. See photo 7 viewfrom the trail. g. The commercial and multifamily development extending along Lower Afton across from the Park in both St. Paul and Maplewood provide a significant, developed and coherent contrast to the open space use in the Park that will not be intensified by the inclusion of the proposed dynamic signs. 4. The relationship to and character of the adjacent residential development and side yard. a. The grade of the residences is approximately 15 ft above the grade of our site allowing the view from the residences to be over rather than into our site. See photo 8 Change in grade to Alton Ridge. b. A 70 ft wide yard has been provided between our site the residential buildings to accommodate this change in grade. c. This yard has been planted with a now mature and effective conifer buffer. See photo 9 Established bt!ffer area. 2 Attachment to the request of Holiday Stationstores for certain variances to allow a dynamic display as part of the existing freestanding signs at our Stationstore at 280 South McKnight Rd. d. The replacement of the present changeable message on the freestanding signs, especially at the height and location proposed will not intensify or change the overall commercial character of our site or the nearby resident's experience of it. See photos 10, 11 & 12 View from the corner of Afton Ridge residences. D. Practical Difficulty Area 672 sf 32 sf The practical difficulty for accommodating the replacement of the changeable copy portion of our freestanding signs with dynamic displays is the application of the same city wide spacing requirements for dynamic displays whether they are a 672 sf billboard display or a 32 sf display that is part of an on site freestanding sign. Dimension 14 It x48 It 4ltx81t Height 35 It Lowest part of a freestanding sign Context None Other panels on the sign face, activity on site The same 200 ft spacing from an open space or residentially used property, and the 100 ft spacing from a side lot line is required whether the dynamic display is a billboard or part of a freestanding business sign. These are very different signs with the potential for very different effects due to their area, height and context or lack thereof. The difficulty is it is not practical or always necessary to apply the same standard to a display that is almost 28 times smaller than a billboard. Especially when the mitigation provided by these standards is not required due the character and controls on the proposed on site dynamic displays, the context of the present commercial development at McKnight and Lower Afton, the relationship to and character of Battle Creek Regional Park across Lower Afton Rd from our site and the relationship to and character of the Afton Ridge residential development and side yard. We appreciate the staff and Commission's interest in investigating whether due to the specific purpose and scope of our proposal, the specific conditions found at the intersection of McKnight and Lower Afton, the specific relationship of the proposed dynamic displays to the Battle Creek Regional Park open space, and the specific relationship of the proposed dynamic displays to the adjacent residences. We ask you to use these specific conditions to support the findings necessary to grant the needed variances to allow this important and reasonable investment to update our site and our service to our neighbors which will not alter the essential character of our site or the locality. 3/29112 3 Attachment 5 Application of Holiday Stationstores for Certain Variances at 280 South McKnight Road PRQPOSED DYNAMIC DISPLAY ELECTRONIC MESSAGE PANEL LOCATIONS REPLACE E:XISTING CHANGEABLE MESSAGE PANELS 3a Norlherly Sign 3b Southerly Sign EXISTING FREESTANDING SIGNS Attachment; 6 Application 01 Holiday Stationstores lor Certain Variances at 280 South McKnight Road PROPOSED 4ft x 8 ft MESSAGE PANEL TO BE PLACE.D ON EACH FREESTANDiNG SIGN 1 Proposed dynamic display on each freestanding sign EXISTING SIGNS PROPOSED 48 6' X 8' Holiday ID sign 48 28 3'6" x 8' 1-product LED price 28 sign 4'1-114" x 7'5-5/16" lull color 30.55 electronic message center 16 2' x 8' CAR WASH sign 16 28 3'6" x 8' tracked reader board sign 120 TOTAL SIGN AREA 122.55 PROPOSED DYNAMIC DISPLAY MESSAGE CENTER PLACEMENT Attachment 7 VARIANCE RESOLUTION WHEREAS, Dave Edquist, of Holiday Stationstores, Inc, applied for the following sign spacing variances for the Holiday Stationstore at 280 McKnight Road South, in order to install dynamic display message signs on their two existing freestanding sign structures: Northerlv Freestandina Siqn . Reduction of the spacing requirement from the Ramsey County Regional Park from 200 to 90 feet (110 foot variance). . Reduction of the spacing requirement from the town home property to the south from 200 to 180 feet (20 foot variance). Southerlv Freestandinq Siqn . Reduction of the spacing from the townhome property to the south from 200 to 25 feet (175 foot variance). . Reduction of the side yard spacing requirement from 100 feet to 25 feet (75 foot variance), WHEREAS, the legal description of this property is: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey County, Minnesota, described as follows: Commencing at the intersection of the west line of said Northwest Quarter of the Northwest Quarter and the south line of the North 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence easterly along said south line 40.01 feet to the actual point of beginning; thence southerly parallel with the west line of said Northwest Quarter of Section 12, 205.00 feet; thence easterly at a right angle to last described line, 245.00 feet; thence northerly, parallel with the west line of said Northwest Quarter of Section 12, a distance of 211.21 feet to its intersection with the south line of the north 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence westerly along said south line, 245.08 feet to the point of beginning. Except: That part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 28, Range 22, Ramsey county, Minnesota, described as follows: Commencing at the intersection of the west line of said Northwest Quarter of the Northwest Quarter and the south line of the North 362.00 feet of said Northwest Quarter of the Northwest Quarter; thence easterly along said south line 40.01 feet to the actual point of beginning; thence southerly parallel with the west line of said Northwest Quarter of Section 12, 205.00 feet; thence easterly at a right angle to last described line, 3.00 feet; thence northerly parallel with the west line of said Northwest Quarter of Section 12, a distance of 205.00 feet to its intersection with the south line of the north 362.00 feet of said Northwest Quarter of Northwest Quarter; thence westerly along said south line, 3.00 feet to the point of beginning. WHEREAS, Section 44-743, Dynamic Display Signs, requires that dynamic display signs observe the following minimum separations: . 200 feet from a park or open space . 200 feet from a residential lot line . 100 feet from a side property line WHEREAS, the history of this variance is as follows: 1. On April 24, 2012 the community design review board recommended that the city council this variance. 2. The planning commission held a public hearing on May 1, 2012. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council this variance. NOW, THEREFORE, BE IT RESOLVED that the city council described variances based on the following findings: the above- 1. Because of the right-angle orientation of the two signs, along with the wooded nature of the nearby regional park, the proposed sign panels would be in harmony with the general purposes and intent of the ordinance. This orientation would prevent them from being seen at the same time and becoming potentially distracting to drivers as could same-orientation signs. 2. The proposed dynamic display sign panel on the north pylon sign is set at a right angle to the wooded open space across Lower Afton Road making it less noticeable from that direction. 3. The two proposed signs would be consistent with the comprehensive plan. They provide commercial-development elements that would be compatible with this commercial site and conform to the goals of the comprehensive plan. 4. There are practical difficulties in complying with the spacing requirements of the ordinance. According to statute, practical difficulties mean that the applicant would use the property in a "reasonable manner" not permitted by the ordinance. In this case, it seems reasonable to staff to allow both signs, because: . The evergreens on the south side of the property would buffer the proposed sign from the nearby neighbors. . The two proposed Holiday dynamic display signs would be set at right angles to each other preventing the appearance of "sign proliferation," "sign clutter" or adding to "sign distraction." . The abutting part of the Battle Creek Regional Park is a non-active park. The sign would not be a detraction since this is a wooded area and the only active element is a trail section within the woods. . The site is extensively developed with a commercial building, fuel islands, fueling center and lighting. It is also affected by a significant amount of commercial activity. Considering that, two four by eight foot signs would not be a significant addition to this existing commercial site. Approval is subject to compliance with the following condition: All of the evergreen trees on the south side of the site and south of the southerly pylon sign shall remain. If these evergreens are removed for any reason, whether by the natural death of the trees or by their intentional removal, the south-facing dynamic display sign panel shall be removed. The Maplewood City Council this resolution on ,2012. MEMORANDUM DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Ordinance Amendment Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334 April 9, 2012 TO: FROM: SUBJECT: INTRODUCTION On May 6, 2011, the revised variance legislation took effect, which gives municipalities the authority and guidelines for granting variances from the provisions of the city ordinance. Staff will be presenting various ordinance amendments to the planning commission and city council where the city's ordinance language references the former variance findings. Request Amendment of the Commercial Use Antennas and Towers Ordinance as it relates to the granting of variances. BACKGROUND Previous Variance Criteria from State Statute The City Council was required to make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship", as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Revised Variance Criteria from State Statute The new provisions of state law require that variances shall only be permitted when they are found to be: (1) In harmony with the general purposes and intent of the official control; (2) Consistent with the comprehensive plan; (3) When there are practical difficulties in complying with the official control. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. DISCUSSION The variance criteria in the Commercial Use Antennas and Towers Ordinance gives the findings the city council must make to approve variances from this ordinance. The existing wording bases variance approval on the old statutory findings for variance approval. The city council should revise this wording with the new variance findings. The only existing finding for approval that is different from the former statutory findings is #5 which requires that, "the proposed variance is the minimum variance that will afford relief from the standards of this code." This requirement is "a given," so to speak. When considering any variance, the city would wish to consider only the minimal amount of variance needed for a given situation. Staff recommends deleting that provision, however, it does no harm if it were to remain as a finding for approval. RECOMMENDATION Adopt the resolution amending Section 44-1334 as it relates to granting variances to the Commercial Use Antennas and Towers Ordinance. p:\ ORD\Variance\ Variances Tower Ordinance Amendment of Section 44-1334 412 te Attachments: 1. Ordinance Amendment to Section 44-1334 2 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDMENT CONCERNING VARIANCES TO THE COMMERCIAL USE ANTENNAS AND TOWERS ORDINANCE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 44-1334 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-1334. Variances. fat The city council may grant variances to the requirements of this article. All variances must follow the reauirements provided in Minnesota State Statutes. Minn. Stats,ch 162. For variances regarding antonnas and towers, the applicant must show the city the following: (1) Them are unique circumstances or characteristics peculiar to the property and this artiole '""ould inflict undue hardship on the property owner or applicant. (2) The property cannot be developed or put to a reasonable use by strictly conforming with this codo. (2) The applicant or property owner did not creato or cause tho hardship. (1) The proposed variance will not alter the essential char<:lctor of the area or the zoning district. (5) Tho proposed variance is the minimum 'Jariance that will afford relief from the standards of this codo. (6) The variance would be in I(eeping with the spirit and intent of this article. (b) The applicant for a variance for an antonna or to'''''er related matter shall submit, with the variance application and anv other reauired materials, a statement showing how the proposal would meet the findinas for variance approval. the findings in subsoction (a) of this section. 3 Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on Attest: City Clerk Mayor 4 MEMORANDUM DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Ordinance Amendment Regarding Variances for Metal Storage Buildings, Section 12-5 (d) April 9, 2012 TO: FROM: SUBJECT: INTRODUCTION On May 6, 2011, the revised variance legislation took effect, which gives municipalities the authority and guidelines for granting variances from the provisions of the city ordinance. Staff will be presenting various ordinance amendments to the planning commission and city council where the city's ordinance language references the former variance findings. Request Amendment of the Metal Storage Building Ordinance as it relates to the granting of variances. BACKGROUND Previous Variance Criteria from State Statute The City Council was required to make the following findings to approve a variance: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship", as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Revised Variance Criteria from State Statute The new provisions of state law require that variances shall only be permitted when they are found to be: (1) In harmony with the general purposes and intent of the official control; (2) Consistent with the comprehensive plan; (3) When there are practical difficulties in complying with the official control. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. DISCUSSION The variance criteria in the Metal Storage Building Ordinance lists the old statutory findings for approving a variance. The city council should revise this with the new variance findings. RECOMMENDATION Adopt the resolution amending Section 12-5 (d) as it relates to granting variances to the Metal Storage Building Ordinance. p:\ ORD\Variance\ Variances Metal Storage Building Ordinance Amendment of Section 12-5412 te Attachments: 1. Ordinance Amendment to Section 12-5 2 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDMENT CONCERNING VARIANCES TO THE METAL STORAGE BUILDING ORDINANCE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 12-5 (d) of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 12-5. Metal Storage Buildings. (d) The city council may hear requests for variances from the literal provisions of this section when the strict enforcement of this section would cause undue hardship because of circumstances unique to the indi'Jidual property undor considoration :1nd to grant such v:1ri:1nces only when it is demonstrated that such :1ctions will be in keeping with the spirit :1nd intont of the section. The term "undue hardship," as used in connection with tho granting of a v:1rianco, mO:1ns tho proporty in question C:1nnot be put to a reasonable use if used under tho conditions :1llowed by tho official controls, :1nd the plight of the l:1ndovmer is due to circumstances unique to his property, not croatod by tho landowner, :1nd variance from this section, if granted, 'sill not :1lter tho ossonti:11 charactor of tho loc:1lity. (d) The citv council mav arant variances to the reauirements of this section. All variances must follow the reauirements provided in Minnesota State Statutes. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on Mayor Attest: City Clerk 3