Discussion:
INTRODUCTION
Daniel Mattson of Albrecht Sign Company, Sean Jefferson of Jersey Mike’s, and property manager Matthew Lupkes of Mid-America Real Estate – Minnesota, LLC have applied for a Variance requesting approval for two oversized wall signs for property located within a business complex/commercial center at 4045 Dean Lakes Boulevard in the Highway Business (B-1) Zoning District. The property is subject to the Dean Lakes Planned Unit Development Overlay, but the underlying zoning district governs the sign regulations.
VARIANCE CONSIDERATION
The City Code allows wall signs on business complex/commercial centers in the Highway Business (B-1), Community Commercial (CC) and Major Recreation (MR) Zones, with the maximum square footage being determined by the lesser of 120 square feet or 1 square foot per foot of lot frontage, for each tenant for the front of the building. Wall signs on sides of the building other than the front are allowed up to 75% of the maximum allowed size. Jersey Mike’s current frontage of 27.5 feet would only allow 27.5 square feet of signage along the front and 20.6 square feet of signage along the back. The applicants are requesting 52.1 square foot signs on the front and back of the building.
Other signs on this building were approved under the prior code that allowed larger signs. To be consistent in appearance of all the other signage on this building, staff supports this request.
Findings:
Section 151.015, Subd. B, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings for purposes of discussion by the Board. The Board may use or modify these draft findings as it sees fit, as well as propose other findings.
Criterion l
The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following:
1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls:
Finding 1.A. The property can continue to be utilized as a commercial development with signage adequately identifying the site yet comply with the other regulations as stated in the City Code. Due to the nature of the services they provide, applying the code as written would put the tenant and all future tenants of the same industry at an inherent marketing disadvantage that other tenants in the same building benefited from under a previous version of the code.
1.B. The plight of the landowner is due to circumstances unique to the property;
Finding 1.B. The plight of the property owner is due to circumstances unique to the property in that this commercial property would be allowed a wall sign of similar dimensions/height/location to businesses of the same use if they had a different location in the same building.
1.C. The circumstances were not created by the landowner;
Finding 1.C. The circumstances were created by the property owner as a result of the applicant’s desire for signage that can exceed the existing maximum size requirements.
1.D. The variance, if granted, will not alter the essential character of the locality; and
Finding 1.D. The variance would not alter the essential character of the locality, as the proposed sign would be more in line with existing signage than what is currently allowed for signage.
1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance.
Finding 1.E. The problems do not extend beyond economic considerations. The proposal would provide a better service to Jersey Mike’s to be able to advertise their products in a manner consistent with their branding.
Criterion 2
It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter.
Finding 2 The proposed variance would be in keeping with the spirit and intent of Chapter 11 (Zoning) as it would allow signage similar in size/type/location to what the City Code allows other businesses in the Highway Business (B-1) Zoning district, and it would offer a beneficial service to the community that it serves.
Criterion 3
The request is not for a use variance.
Finding 3 The request is not a use variance.
Criterion 4
Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties.
Finding 4 (Dependent on the Board’s action on the request.)
Criterion 5
Variances in the flood plain overlay zone also shall meet the following criteria: ......
Finding 5 (Not applicable since the property is not within the flood plain overlay zone.)