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HomeMy WebLinkAboutItem 06.gJuly 13, 2011 Item No. JULY 18, 2011 CITY COUNCIL MEETING COMFORT INN SIGN VARIANCE EXTENSION Proposed Action Planning Department staff recommends adoption of the following motion: Move to approve a 60 day extension for the Comfort Inn sign height variance. Adoption of this motion will give the Comfort Inn an additional 60 days 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 a 60 day 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. A one year extension for the sign variance was approved administratively in 2009 and another one year extension was approved by the City Council in 2010 as required by Chapter 6 of the Zoning Ordinance. This 60 day extension request also requires Planning Commission review and City Council approval. The Planning Commission unanimously recommended approval of the 60 day variance extension request at their July 7, 2011 meeting but indicated however that they would likely not recommend any additional extension requests. Primary Issues to Consider • What are the implications if the variance extension request is not granted? • Why did the Planning Commission express reluctance to recommend additional extensions? Supporting Information • Staff analysis of issues • Approved Variance No. 08 -02 • July 7, 2011 draft Planning Commission meeting minutes • June 17, 2011 e-mail requesting variance extension • Elevation exhibit Daryl ing Director Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Chapter 6 of the Zoning Ordinance Notes: Primary Issues to Consider • 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 2010 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. • Why did the Planning Commission express reluctance to recommend additional extensions? Planning Commission members commented that the variance was approved three years ago and extensions have been granted at the request of the property owner due in larger part to the economy. The Planning Commission would like to bring closure to the variance application either through the installation of the sign at the variance approved height of 50 feet or the variance would lapse and the property owner could then install a freestanding sign at a height allowed by ordinance. The Zoning Ordinance Update approved in 2010 allows a greater sign height for hotel, motor fuel, convenience food and restaurant uses within the freeway corridor district if the elevation of the freestanding sign location is below the centerline of the adjacent freeway, which is the case with Comfort Inn (please reference Section 11- 23- 9G.1.a(3)(B) of the Zoning Ordinance for the complete ordinance standard). Based upon elevation information provided by the applicant with the initial variance application in 2008, staff estimates a freestanding sign could be installed on the Comfort Inn property at a height of 44 -46 feet and meet the Zoning Ordinance standards for a hotel use in the freeway corridor district without the need for a variance. 2 T63 ^00 Receipt#: 7296 TORRENS FEE $46.00 Return to: CITY OF LAKEVILLE 20195 HOLYOKE AVENUE LAKEVILLE, MN 55044 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO. 08 -02 111111111 I Recorded on: 6/26 2008 08:00:01AM By: LAD, Deputy Certificate #: 136586 Joel T. Beckman Registrar of Titles Dakota County, MN 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. Property. 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 BY: BY: Charlene Friedges, ity Clerk STATE OF MINNESOTA ) COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /,� day of v'rv€- , 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. STATE OF MINNESOTA ) CITY OF LAKEVILLE ) 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. DRAFTED BY: The City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 ( PENNY BREVIG NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31 2010 ( Charlene Friedges, Clerk (SEAL) Chair Davis thanked Mr. Janas for considering Lakeville for the expansion of • business. 11.39 Motion was m- - and seconded to recommend to City Council approval of the Roffe Container co onal use permit to allow a building height greater than 45 feet in the I -2, General I strial District, located at 8415 - 220th Street, subject to the following 6 stipulations, as a - ded. 1. The silos shall be constructe • the location shown: on the approved site plan. 2. The silos shall not exceed 70 feet in hei 3. Authorization from the FAA and MAC fo e proposed silos is required prior to City Council consideration of the - condi' . ,1 use permit. 4. The crane used to install the silos shall riot exceed i eight authorized by the FAA and MAC. 5. The silos shall be painted to match :. a color; that is principal building. 6. Building permits are required prior remodeling work. ITEM 7. COMFORT INN to commencing any construc or Planning Commission Meeting July 7, 2011 Page 5 comp Ayes: Davis, Adler, Grenz, Drotning ,- Boerschel, Maguire, Lillehei. Nays: 0 e with the Chair Davis opened discussion for: the application of Sunny Bhakta, owner of Comfort Inn, f r =a ; 60 day extension of the sign height variance approved in 2008, located, at 10935 Street: -. Sunny Bhakta, owner of comfort Inn, presented an overview of her request. Ms. Bhakta explained that the hardship for two years in a row and not being able to afford to,install the..50 foot tall freestanding sign approved by the variance is the reason that-.-she has,'requested the extensions. She is in the process of getting quotes for the cost Hof` installing a freestanding sign as allowed by the approved variance. Planning Director Daryl Morey presented the planning report. Mr. Morey provided a short history of this freestanding sign height variance. He indicated that the first extension was approved administratively as allowed by the Zoning Ordinance but any extensions after that must be reviewed by the Planning Commission and approved by the City Council. Mr. Morey referred to the handout at tonight's meeting that includes the elevation of the site in relation to the elevation of the freeway. This exhibit was submitted by the applicant with the initial sign variance request in 2008. He indicated that if this variance approval lapsed, Ms. Bhakta would be able to install a sign approximately 44 feet in height given the elevation difference of the existing freestanding sign location and the adjacent freeway as shown on this exhibit as currently allowed by the Zoning Ordinance for a hotel use in the freeway corridor. The Zoning Ordinance was amended in 2010 to increase the freestanding sign height for certain uses within the freeway corridor that sit below the elevation of the freeway in order to increase the visibility of the sign to passing motorists. This ordinance amendment was due in large part to the discussion generated by the Comfort Inn variance request. Mr. Morey stated that Planning Department staff recommends approval of the 60 day extension for the Comfort Inn sign vari ce allowing a freestanding sign 50 feet in height to August 19, 2011, as presented. Planning Commission Meeting July 7, 2011 Page 6 Chair Davis asked for comments from the Planning= Commission. Discussion points were: • Commissioner Drotning was fine with - this extension request but not any further extensions iri order to bring closure to this variance application. • Chair Davis:. asked about the 'status of the southbound blue freeway information = signs. Mr. Morey indicated that staff was recently informed by MNDOT that the sou hbound blue freeway information signs will be re- installed sometime -this' summer'' Mr. Morey stated he was unsure of the irripact that the State :shutdown will have on this timeframe, if any. • Commissioner, i this e asked uirsed if ts varance request June 20 uest ex ired on g �__. q expired J 2011. Mr. Morey stated.: that Ms. Bhakta submitted her extension request prior to the June :20th expiration date, but the 60 day extension, if approved, will be from June 20th bringing the new expiration date to August 19, 2011. • The Pl Coramission agreed to the 60 day extension, but generally indicated an uni willingness to recommend any further extension requests. 11.40 Motion was made and seconded to recommend to City Council approval of a 60 day extension for the Comfort Inn Sign Variance, allowing a freestanding sign 50 feet in height, to August 19, 2011. Ayes: Adler, Grenz, Drotning, Boerschel, Maguire, Lillehei, Davis. Nays: 0 Morey, Daryl From: sunny bhakta [sunnybhakta @hotmail.com] Sent: Friday, June 17, 2011 9:17 AM To: Morey, Daryl Subject: SIGN ORIDANCE Hi Daryl, how are you? Hope you are doing great. I am writing to you in regards to the sign variance. I am working with the sign company and they have not gotten back to me on the cost. I am asking an extension of 60 days. I will make my decision to see if the cost on the sign would be acceptable due to economic hardship. thanks Sunny Bhakta Comfort Inn - Lakeville 17605 Kenrick Avenue Lakeville, MN 55044 952 - 898 -3700 Phone 952 - 898 -3827 Fax 6/17/2011 0 P a Ui 0