HomeMy WebLinkAboutItem 06.mJuly 15, 2011 Item No.
OLE PIPER RESTAURANT MINOR VARIANCE
JULY 18, 2011 CITY COUNCIL MEETING
Proposed Action
Planning Department staff recommends adoption of the following motion: move to approve a minor
variance for Ole Piper Restaurant to allow a five foot setback from Cedar Avenue for a free standing
sign.
Approval of the variance will allow the setback for the free standing sign to be reduced from fifteen
feet to five feet along the west property line adjacent to Cedar Avenue.
Overview
Ron Kveton owner of the property at 16604 Cedar Avenue (Ole Piper Restaurant) has submitted an
application requesting a minor variance to reduce the required setback from Cedar Avenue for a
proposed free standing sign from fifteen feet to five feet. The Zoning Ordinance includes two
variance classifications identified as minor and major. This request is considered a minor variance
due to hardship to the property created as a result of the Cedar Avenue bus rapid transit
improvement project. A minor variance provides an expeditious method of processing variance
requests that do not require a public hearing or review by the Planning Commission.
Through the review process and working with the applicant it was determined the requested setback
variance qualifies as a minor variance due to hardships as a result of government action from the
impacts of the Cedar Avenue improvement project including the acquisition of a temporary
construction easement, installation of a retaining wall and fence and the installation of storm water
improvements along the applicant's west property line adjacent to Cedar Avenue.
Planning Department staff recommends the City Council grant a minor variance to allow the setback
for the proposed free standing sign at 16604 Cedar Avenue to be reduced from fifteen feet to five
feet along the west property line adjacent to Cedar Avenue.
Primary Issues to Consider
Will the variance include any conditions for the construction of the sign?
Supporting Information
• Staff Analysis of Issues
• Location Map
• Site Plan
• Sign Elevation
Ally G. Kuennen, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance Chapter 6
Notes:
Staff Analysis of Primary Issues to Consider
Staff has reviewed the free standing sign setback variance request and met on site with the
applicant to assist them through the minor variance process and to help determine the appropriate
placement of the sign. Staff recommends approval of the minor variance to reduce the set back for
the free standing sign from fifteen feet to five feet along the west property line adjacent to Cedar
Avenue contingent on the applicant meeting the following conditions:
1. The free standing sign must be setback a minimum of five feet from the west property line
adjacent to Cedar Avenue and fifteen feet from the south property line adjacent to 167 Street.
2. The installation of the free standing sign shall not impact any existing parking spaces.
3. The planter /retaining wall at the base of the sign must be no higher than four feet.
4. The disturbed area around the base of the retaining wall must be restored to grass turf.
5. The paved area between 167 Street and the retaining wall at the base of the sign, west of the
access drive must be removed and restored to grass turf.
6. If any part of the retaining wall is within Dakota County's right -of -way along Cedar Avenue they
must obtained approval from Dakota County prior to the installation of the retaining wall.
2
167th Str
City of Lakeville
Location Map
Ole Piper Restaurant
Free Standing Sign
Minor Variance
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