HomeMy WebLinkAboutItem 06.eMay 12, 2009 Item No.
MAY 17, 2010 CITY COUNCIL MEETING
COMFORT INN SIGN VARIANCE EXTENSION
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve a
one-year extension for the Comfort Inn sign height variance, to June 20, 2011, with the
stipulation that, prior to another extension request, the property owner must prepare a survey
identifying the elevations on the Comfort Inn property and the centerline elevation of the
adjacent freeway in order to verify the freestanding sign height that would be allowed by the
Zoning Ordinance without the need for a variance.
Adoption of this motion will give the Comfort Inn one additional year to install a freestanding sign
up to 50 feet in height as allowed by the variance approved by the City Council in 2008.
Overview
Comfort Inn owner Sunny Bhakta is requesting another extension to the freestanding sign
height variance approved by the City Council on June 16, 2008. The approved variance allows
the construction of a freestanding sign up to 50 feet in height. At the property owner's request,
a one year extension for the sign variance was approved administratively last year consistent
with Chapter 6 of the Zoning Ordinance; however, additional extensions require Planning
Commission recommendation and City Council approval.
The Planning Commission unanimously recommended approval of the one-year variance
extension request at their May 6, 2010 meeting.
Primary Issues to Consider
• Why is staff recommending the variance extension include a stipulation that the property
owner must prepare a survey identifying the elevations on the Comfort Inn property and the
centerline elevation of the adjacent freeway prior to any additional extension requests?
• What are the implications if the variance extension request is not granted?
• Can the City Council allow a 60 foot tall freestanding sign in conjunction with this variance
extension as requested by the business owner in her April 19, 2010 e-mail?
Supporting Information
• Approved variance form
• May 6, 2010 draft Planning Commission meeting minutes
• 14pril 19, 2010 e-mail requesting variance extension
Daryl Moley, Plannin1pirector
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Chapter 6 of the Zoning Ordinance
Notes:
Primary Issues to Consider
• Why is staff recommending the variance extension include a stipulation that the property
owner must prepare a survey identifying the elevations on the Comfort Inn property and the
centerline elevation of the adjacent freeway prior to any additional extension requests?
The Zoning Ordinance Update includes a provision that will allow commercial businesses
oriented to transient motorists (such as a hotel) and located below the centerline of the
freeway a freestanding sign up to 70 feet in height provided the sign height does not exceed
30 feet above the centerline of the freeway. In reviewing Dakota County GIS maps it
appears that the Comfort Inn property sits approximately 10-20 feet below the adjacent
centerline of 1-35. While this elevation information would need to be field verified by a
registered land surveyor, the language in the Zoning Ordinance Update could allow the
Comfort Inn a freestanding sign taller than 30 feet in height without the need for a variance.
In this case the taller freestanding sign would not run with the property as the variance does
but rather would be tied to the use of the property as a hotel or some other use oriented to
transient motorists (i.e. a restaurant or motor fuel facility) and in the future, if the hotel use
changed to an office or retail use, the freestanding sign would have to be lowered to a
maximum of 30 feet.
• What are the implications if the variance extension request is not granted?
The variance would become null and void requiring approval of a new variance unless the
new provisions included in the Zoning Ordinance Update would allow a freestanding sign for
the hotel use at the same height (50 feet) or greater given the elevations of the property and
the adjacent freeway.
• Can the City Council allow a 60 foot tall freestanding sign in conjunction with the variance
extension as requested by the business owner in her April 19, 2010 e-mail?
The City Council is only acting on the variance extension request at this time. Any request
for a freestanding sign height greater than 50 feet requires the submittal of a new variance
application.
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Receipt#: 7296
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Recorded on: 6/26/2008 08:00:01AM
By: LAD, Deputy
Certificate #: 136586
Return to:
CITY OF LAKEVILLE
20195 HOLYOKE AVENUE
Joel T. Beckman Registrar of Titles
LAKEVILLE, MN 55044
Dakota County, MN
( Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
VARIANCE NO. 08-02
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville hereby grants the Comfort Inn of Lakeville a sign height variance to allow a
free-standing sign not to exceed 50 feet in height within the Freeway Corridor District.
2. Pro e . The variance is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
Lot 4, Block 1, Argonne Park
3. Lapse. If the project has not commenced within one year after granting this
variance, then the permit shall become null and void unless a petition for extension of
time in which to complete or to utilize the use has been granted by the City Council.
DATE: 16 June, 2008
CITY OF LAKEVILLE
O BY: �..
Charlene Friedges,�ity Clerk
STATE OF MINNESOTA)
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
vn -e- , 2008, by Holly Dahl, Mayor and by Charlene Friedges, City Clerk of
the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
PENNY BREVIG
NOTARY PUBLIC -MINNESOTA
MY Commission Expires dar, 31 2010
STATE OF MINNESOTA)
CITY OF LAKEVILLE )
Nota blic
I hereby certify that the foregoing variance is a true and correct copy of the variance
presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 16"' day of June, 2008 as shown by the minutes
of said meeting in my possession.
qu"
Charlene Friedges, JC- Clerk
(SEAL)
DRAFTED BY:
The City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
DRAFT CITY OF LAKEVILLE
Planning Commission Meeting Minutes
MAY 6, 2010
the May 6, 2010 Planning Commission meeting was called to order by Chair Davis
it e City Hall Council Chambers at 6:01 p.m.
Flag ple e and roll call of members:
Present: Chair Davis
ice Chair Lillehei
Se etary Adler
Co issioner Glad
Commi oner Grenz
Commissi er Maguire
Ex -officio Bu er
Absent: Commissioner otnin
Staff Present: Daryl Morey, Pl g
Penny Brevig, Recor
ITEM 3. APPROVAL OF MEETING
Director; Allyn Kuennen, Associate Planner;
Secretary.
Commissioner Lillehei requested that the fo
April 22, 2010 Planning Commission meeting
for his nay vote:
.g amendment be made to the
tes on Page 2 under the reason
..."Commissioner Lillehei stated that the DNR is ' E
rules which 1 94nk he thinks may impact eur theVI,
decision, and I he would like to know the finality of tha
The April 22, 2010 Planning Commission meeting minutes
amended.
ITEM 4. ANNOUNCEMENTS:
ITEM 5. CONSENT AGENDA
tely reconsidering
ing Commission's
ision first."
approved as
10.20 Motion was made and seconded to remove Comfort Inn from the Consent Agenda
and place it on the regular agenda for discussion.
Ayes: Maguire, Lillehei, Davis, Adler, Grenz, Glad.
Nays: 0 _
Planning Commission Meeting
May 6, 2010
DIRZAAFT
Page 2
Chair Davis asked Daryl Morey to give a short presentation on the history of the
Comfort Inn sign variance and why the owner is requesting another one year
extension.
Mr. Morey stated that the variance for Comfort Inn, which was approved by the
City Council in 2008, allows the construction of a freestanding sign up to 50 feet in
height. He indicated that in 2009 a one year extension for the sign variance was
approved administratively as allowed by Chapter 6 of the Zoning Ordinance.
Additional extensions require Planning Commission recommendation and City
Council approval.
Mr. Morey stated that Ms. Bhakta, owner of Comfort Inn, has indicated that it is not
financially feasible to construct the sign at this time.
Mr. Morey stated that with the Zoning Ordinance update, the Planning
Commission recommended a change to the sign height allowances for this type of
use in the freeway corridor district. The change would allow businesses that are
oriented to transient motorists (such as hotels, restaurants, and motor fuel facilities)
and are located below the centerline of the freeway a freestanding sign up to 70 feet
in height provided the sign height does not exceed 30 feet above the centerline of
the freeway.
Mr. Morey anticipates the Zoning Ordinance update will be approved by the City
Council at their May 17, 2010 meeting. If the City Council approves the Zoning
Ordinance update as presented, Ms. Bhakta may be allowed a 50 foot tall
freestanding sign by right rather than by variance. City staff is comfortable with
allowing the one year extension at this time, but if the sign has not been constructed
by June 20, 2011 and the business owner requests another extension, staff
recommends the extension request be accompanied by a survey identifying the
elevations on the Comfort Inn property and the centerline elevation of the freeway
adjacent to the Comfort Inn property in order to verify the freestanding sign height
that would be allowed under the provisions of the Zoning Ordinance update
without the need for a variance. Mr. Morey stated that under the new provisions of
the Zoning Ordinance update, the increased sign height would be attached to the
hotel use rather than running with the property, and if the use were to change in
the future to office or retail, the freestanding sign would have to be lowered to a
maximum height of 30 feet.
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
Planning Commission Meeting
May 6, 2010
rRAFT
Page 3
• Chair Davis asked if the variance would go away after the Zoning Ordinance
Update is approved by the City Council. Mr. Morey stated that the variance
would continue to be in force if this extension request is approved, but if the
sign is not constructed by June 20, 2011 and another extension was not
granted, the variance would lapse.
• Commissioner Lillehei asked at what point in time does one utilize the sign
variance? He also asked if the current sign qualifies for the variance or does
it only apply to the installation of a new sign? Mr. Morey stated that the
existing freestanding sign can be raised up to 50 feet in height or a new
freestanding sign up to 50 feet in height can be installed at the existing
location or another location on-site provided it meets setback requirements.
Her current freestanding sign is 30 feet in height so if the sign was raised
even one foot, it would take advantage of the height allowed by the
approved variance.
10.21 Motion was made and seconded to recommend to City Council approval of a one
year extension for the Comfort Inn sign variance as presented.
Ayes: Lillehei, Davis, Adler, Grenz, Glad, Maguire
Nays: 0
Chair avis opened the public hearing to consider the application of Wyatt Pudel
Pointer l,SLC for an amendment to the Donnelly Farm Planned Unit Development
to modify the sign standards for the restricted single family lots to allow front
facing garages, loc d south of 195th Street, east of Dodd Boulevard (C.R. 9), and
west of Holyoke Aven The Recording Secretary attested that the legal notice had
been duly published in acco ance with State Statutes and City Code.
Project Manager Matthew Weilan&p�esented an overview of their request.
Associate Planner Allyn Kuennen present the planning report. Mr. Kuennen
stated that Planning Department staff rec ends approval of the PUD
amendment as submitted and outlined in Exhibit the April 30, 2010 planning
report and adoption of the Findings of Fact dated May 6, 10.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
Morey, Daryl
From: sunny@comfortinnlakeville.com
Sent: Monday, April 19, 2010 8:59 AM
To: Morey, Daryl
Subject: Comfort Inn Lakeville
April 19, 2010
Respected Members of Planning Commission and Lakeville City Council: I am writing this correspondence
pusuant to Chapter 11-6-9 of the Zoning Ordinance. I appreciate your approval and extension of my previous
request. However due to current economic condition of the lodging industry nationally, and more importantly
our region; has had an adverse effect on our Bottom Line resulting in less capital to spend than we would like.
Therefore I would appreciate you reviweing my request once more and grant an extension for additional time
as well as granting a height variance to 60' since visibility of the signage is important for travelers driving along
1-35 corridor of our city. Comfort Inn has experienced a decline in Room Revenue as well as occupancy level
year -over -year, therfore I am making every effort to increase our fair market share by renovating our rooms as
well as the exterior of the property, converting to 100% Non -Smoking facilty, intiating "Green" program etc.
Along the same thought, I would also like to revisit the possibility of getting a blue freeway
information/direction sign placed back along 1-35.1 understand there is a Planning Commission meeting
scheduled for May 6th and subsequent City Council meetings on May 17th and June 7th that will afford ample
for you review. Any efforts and consideration on your part to grant the request above will be truly appreciated.
Sunny Bhakta
Owner
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