HomeMy WebLinkAbout#16 CC Report IRET Pylon Sign Variance 1.19MAYOR AND COUNCIL COMMUNICATION
DATE: 1/19/2016
REGULAR #17
MOTION
AGENDA ITEM: High Pointe Sign Variance – IRET Properties, 8650 Hudson Blvd
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Joan Ziertman
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff
- Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates
- Call for Motion .............................................................................. Mayor & City Council
- Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
SUMMARY AND ACTION REQUESTED:
Staff and the Planning Commission are recommending the City Council to approve a variance
request from IRET properties for a 5 foot height and 4 foot width variance from the Eagle Point
Business Park Exterior Sign Design Agreement to allow a 35‐foot high, 16‐foot wide pylon sign with
the following motion:
“Move to adopt Resolution 2016-05 approving the 5 foot height and 4 foot width variance
request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High
Pointe Medical Campus.
BACKGROUND AND STAFF REPORT:
The Eagle Point Business Park Planned Unit Development was platted in 1999 with the Eagle Point
Business Park Exterior Sign Design Agreement which identified the zoning standards for the
development, including signage. Based on the Agreement, pylon signs are allowed and can have a
width of 12’ and a height of 25’, or 30’ depending on the interpretation. To complicate matters,
sometime in the past Planning Staff prepared a written summary of the Eagle Point standards and
determined that sign height was to be determined on a case‐by‐case basis. The applicant is seeking
the sign to improve visibility for its multiple medical tenants.
In order to approve a variance, the applicant must demonstrate compliance with 4 required
findings:
1)Practical Difficulties
2)Unique Circumstances
3)Character of the Locality
4)Adjacent Properties and Traffic
Staff reviewed the application and determined that the variance request met the 4 required
findings. Additional detail about this review can be found in the Staff Report to the Planning
Commission.
PLANNING COMMISSION REPORT:
The Planning Commission held a public hearing and reviewed the proposed variance on January 11,
2016. During the public hearing, no testimony was received and no other written comments were
submitted to staff. The Planning Commission discussed the need for the sign, issues related to
wayfinding, sign lighting, potential future driveway and site development, and the sign’s potential
effect on cut‐through traffic in Park Dental’s parking lot. After discussion of the proposed pylon sign
and the requested variance, the Planning Commission recommended approval of the variance
request (Vote: ___) based on the findings in the staff report for this item. Further detail of the
Planning Commission discussion can be found in the draft Planning Commission minutes.
RECOMMENDATION:
Staff and the Planning Commission are recommending the City Council to approve a variance
request from IRET properties for a 5 foot height and 4 foot width variance from the Eagle Point
Business Park Exterior Sign Design Agreement to allow a 35‐foot high, 16‐foot wide pylon sign with
the following motion:
“Move to adopt Resolution 2016-05 approving the 5 foot height and 4 foot width variance
request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High
Pointe Medical Campus.
ATTACHMENT(S):
Resolution 2016‐__
Draft Planning Commission Minutes 1/11/16
Planning Commission Staff Report 1/11/16
Applicant’s Written Statement
Exhibits C–H to Written Statement
Site Survey
Adjacent Pylon photos
Letters of Support
Eagle Point Development Standards
Resolution No. 2016-05 1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO 2016-05
A RESOLUTION APPROVING A 5 FOOT HEIGHT AND 4 FOOT WIDTH VARIANCE TO
ALLOW FOR THE CONSTRUCTION OF A 35-FOOT TALL 16-FOOT WIDE PYLON SIGN AT
8650 HUDSON BLVD.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, IRET Properties, on behalf of High Pointe Health Campus has submitted
an application to the City of Lake Elmo (the "City") for a 5 foot height and 4 foot width variance
to allow for a permanent 35 foot high, 16 foot wide pylon sign at the High Pointe Health
Campus, 8650 Hudson Boulevard,
WHEREAS, notice has been published , mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on January 11, 2016; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated January 19, 2016; and
WHEREAS, the City Council considered said matter at its January 19, 2016 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1)That the procedures for obtaining said Variance are found in the Lake Elmo
Zoning Ordinance, Section 154.109.
2)That all the submission requirement s of said Section 154.109 have been met by
the Applicant.
3)That the proposed variance includes the following components:
a)A 5 foot height and 4 foot width variance to allow for a permanent 35 foot high,
16 foot wide pylon sign at the High Pointe Health Campus, 8650 Hudson
Boulevard.
4)That the Variance will be located on property at 8650 Hudson Boulevard, WashingtonCounty, Minnesota with the following PID: 33.029.21.44.0007.
5)That the strict enforcement of Zoning Ordinance would cause practical difficulties and
that the property owner proposes to use the property in a reasonable manner not
Resolution No. 2016-05 2
permitted. Specific Findings: Increasing the allowed height from 30-foot to 35-foot and
the width from 12-foot to 16-foot for a pylon sign represents a reasonable use of the
property. The property is zoned Business Park and is surrounded by other commercial
uses. A larger nonconforming pylon sign exists adjacent to the site. Visibility to the site is
difficult and identification of the multiple tenants is also reasonable. The variance is in
keeping with the intent of the City’s sign ordinance: to foster high quality commercial
and industrial development and to enhance economic development of existing businesses
and industries by promoting reasonable, orderly, attractive and effective signs that meet
the need for business identification, advertising and communication. Staff determines
that this criterion is met.
6)The plight of the landowner is due to circumstances unique to the property not created by the
landowner. Specific Findings: The site, lot layout, and the poor visibility from Hudson
Boulevard and Interstate 94 are unique and not circumstances created by the landowner.
The Crossroads Collision and Park Dental buildings sit in front of the High Point Health
facility limiting visibility. The facility sits to the rear of the site, the flat buildable area,
leaving little physical presence on the Hudson Boulevard frontage. The restrictive sign
design guidelines were created by the developer and approved by the City of Lake Elmo,
not the current land owner/applicant. Staff determines that this criterion is met.
7)The proposed variance will not alter the essential character of the locality in which the
property in question is located. Specific Findings: The location of the property and
surrounding properties are within the Business Park, or are Commercial zoning. There
exists one other pylon sign within the locality, and others beyond that are larger and are
noncompliant with the City’s sign ordinance. The Eagle Point Business Park Agreement
does allow a pylon sign. Staff determines that this criterion is met.
8)The proposed variance will not impair an adequate supply of light and air to property
adjacent to the property in question or substantially increase the congestion of the public
streets or substantially diminish or impair property values within the neighborhood. Specific
Findings: The proposed variance will not impair an adequate supply of light and air to any
properties adjacent to the proposed pylon sign site. The proposed pylon sign is located on
an undeveloped portion of the applicant’s lot. The presence of the sign will not present
additional congestion on public streets, or substantially diminish or impair property values
within the neighborhood. Staff determines that this criterion is met.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant's application for a Variance is granted.
Passed and duly adopted this 19th day of January, 2016 by the City Council of the City of Lake
Elmo, Minnesota.
________________________________
Mayor Mike Pearson
Resolution No. 2016-__ 3
ATTEST:
______________________________
_Julie JohnsonCity Clerk
_____________________________________________________________________________________________________________________
________________
IRET Properties a subsidiary of Investors Real Estate Trust • 10050 Crosstown Circle, Suite 105 • Eden Prairie, MN 55344-3349
Phone: 952.401.4831 • Fax: 952.401.7058 • Email:dgrant@iret.com • www.iret.com • NYSE Symbol: IRET
December 1, 2015
Mr. Stephen Wensman
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
Re: Land Use Application – Variance; High Pointe Medical Campus
Dear Mr. Wensman:
Enclosed please find the following:
1.Land Use Application – Variance
a.Exhibit A to application – property location and legal description
b.Exhibit B to application – detailed reason for request, with Exhibits
c.Exhibit C to application – practical difficulties related to application
2.Non-refundable fee in the amount of $750.00 for processing the application
3.Written Statements (a-i as defined in the application) with the Exhibits A-H attached
4.Verification of ownership; title insurance commitment from Stewart Title
5.Certified list of property owners located within 350’ of the property and certified by a licensed
abstractor; provided by Commercial Partners Title
6.Property survey:
a.Ten (10) 11x17 copies
b.One (1) full size copy
Please contact me if you have any questions about this application.
Sincerely,
Dawn Grant, CCIM, CPM, RPA
Director of Commercial Asset Management
Enclosures
Cc: Mayor Pearson
Exhibit A to Land Use Application/Variance
High Pointe Health Campus
IRET Properties, a North Dakota Limited Partnership
Address:
8650 Hudson Boulevard, Lake Elmo, Minnesota 55042
PID:
33.029.21.44.0007
Legal Description:
All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29 North,
Range 21 West, Washington County, Minnesota, described as follows:
Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes
40 seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the
POINT OF BEGINNING; continue thence North 00 degrees 00 minutes 40 seconds West, along said
East line, a distance of 483.26 feet, thence North 90 degrees 00 minutes 00 seconds West a distance
of 683.24 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet;
thence Westerly 123.88 feet along the arc of a non-tangential curve concave to the South whose
radius is 230.00 feet and whose chord bears South 83 degrees 51 minutes 07 seconds West; thence
South 68 degrees 24 minutes 49 seconds West a distance of 102.81 feet to a point on the Northerly
right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance
of 421.73 feet along the arc of a non-tangential curve concave to the Northeast whose radius is
768.51 feet and whose chord bears South 52 degrees 53 minutes 56 seconds East; thence North 00
degrees 00 minutes 40 seconds West a distance of 176.36 feet; thence North 89 degrees 35 minutes
53 seconds East a distance of 175.00 feet; thence South 00 degrees 00 minutes 40 seconds East a
distance of 223.25 feet to a point on the Northerly right of way line of Hudson Blvd.; thence
Southeasterly, along said Northerly right of way line a distance of 53.13 feet along the arc of a non-
tangential curve concave to the North, whose radius is 768.51 feet and whose chord bears South 84
degrees 06 minutes 58 seconds East; continue thence South 86 degrees 05 minutes 47 seconds East
a distance of 141.01 feet; thence North 00 degrees 00 minutes 40 seconds West a distance of
301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 200.00 feet to the
POINT OF BEGINNING and there terminating.
Exhibit B to Land Use Application/Variance
High Pointe Health Campus
IRET Properties, a North Dakota Limited Partnership
Detailed Reason for Request:
Applicant is making this application for a variance to allow for the installation of a pylon sign at
the southernmost portion of the property previously described, along Hudson Boulevard,
approximately as shown on Exhibit B-1 attached hereto.
High Pointe Medical Campus is part of the Eagle Point Business Park PUD exterior sign design
which provides for a pylon sign of approximately 30’ in height and 12’ in width. Applicant is
requesting a variance from this approximate height and width requirement to a pylon sign of
35’ in height and 16’ in width, at a value of approximately $100,450.00. A drawing is attached
as Exhibit B-2 and a photograph depicting the proposed location is attached as Exhibit B-3.
Approximate location of sign
Exhibit B-1 - Location of sign on property
Exhibit B-2: Drawing of sign
Exhibit B-3: photoshop location of sign
Exhibit C to Land Use Application/Variance
High Pointe Health Campus
IRET Properties, a North Dakota Limited Partnership
Practical Difficulties related to this application
High Pointe Medical Campus was developed originally as part of a larger health care campus.
The current building is the initial medical building completed without other properties having
been developed as originally proposed. It has poor visibility and access. The patients of the
clinics/surgery center in the building have difficulty locating the building. Further, the lack of
visibility of the building from the frontage road and I-94 provides for no marketing opportunity
for the clinics/surgery center. These factors have also impeded leasing of the vacancies in the
building while trying to compete with the locations in the City of Woodbury just across the
freeway. Signage is being proposed in order to provide visibility to compete in the current
marketplace.
The current sign design plan for the Eagle Point Business Park PUD Agreement provides for a
pylon sign of approximately 30’ in height and 12’ in width. This is not feasible given the
topography of the site and would not achieve the kind of height required to be visible from the
frontage road, but more importantly from I-94. In order to accommodate the existing tenants
and an additional prospective tenant, the width also needs to increase so that the names are
appropriately legible from a distance.
Therefore a variance is being requested to increase the height by 16.5% to 35’ and the width by
33% to 16’.
Written Statements to Land Use Application/Variance
High Pointe Health Campus
IRET Properties, a North Dakota Limited Partnership
a) A list of all current property owners
IRET Properties, a North Dakota Limited Partnership, a limited
partnership under the laws of North Dakota
b) A listing of following site data: legal description of property, parcel identification number(s), parcel
size (in acres and square feet), existing use of land and current zoning
Legal description: see attached Exhibit A to Written Statements
Parcel identification number(s): 33.029.21.44.0007
Parcel size (acres and square feet): 10.464 acres and 455,831 square feet
Existing use of land: 3-story brick medical office building with parking lot and vacant land
Current zoning district: BP – Business Park/Light Manufacturing per City of Lake Elmo
Zoning Map; see attached Exhibit B to Written Statements
c) State the provisions(s) of the Lake Elmo City Code for which you seek a variance
Variance being considered according to the provisions of §154.017. Variance from the
approved Eagle Pointe Business Park PUD, which is in essence the zoning district. A variance is
from the negotiated sign regulations in the PUD Agreement. Please refer to a letter from the
City of Lake Elmo (Mr. Kyle Klatt) attached to Exhibit C to Written Statements.
d) A specific written description of the proposal and how it varies from the applicable provisions of Lake
Elmo Code
The Eagle Point Business Park PUD exterior sign design provides for a tenant pylon sign, at
approximately 30’ in height and 12’ in width. Due to topography of the site and to achieve the
amount of panels needed for High Pointe Medical Campus, a pylon sign of 35’ in height and 16’
in width is being proposed. Please refer to Exhibits B-2 and B-3 attached detailed reason for
request as part of this land use application.
e) A narrative regarding any pre-application discussions with staff, and an explanation of how the issue
was addressed leading up to the application for a variance
Dawn Grant of IRET Properties and Steve Hirtz of Nordquist Signs met with Nick Johnson of the
City of Lake Elmo Planning Department on January 14, 2015 to discuss the possibility of
increasing the size of a pylon sign along Hudson Boulevard, which would be a variance from the
negotiated sign regulations in the Eagle Point Business Park PUD Agreement that governs the
High Pointe Medical Campus (HPMC). In meeting with Mr. Johnson was provided a proposed
sign drawing (at 35’ in height and 18’ in width) and Dawn Grant discussed hardship of visibility
and competition of the City of Woodbury’s more visible properties for patients of the HPMC
tenants. Mr. Johnson agreed to take it under advisement. On January 15, 2015, Mr. Johnson
stated that our initial request was a 16% variance in height, but more than a 50% variance in
width and requested a revision to our initial drawing. We provided a revised drawing on January
30, 2015, attempting to work within the PUD’s approximate approved height and width of 30’
and 12’ respectively, while trying to achieve what the property needs, and therefore created a
revised drawing of 38’ in height and 16’ wide, a 27% and 33% variance respectively. Mr. Johnson
asked that a lower height sign was considered and a revised drawing was submitted for 35’ in
height. On February 9, 2015, Mr. Johnson indicated that he would meet with other staff and
provide feedback. On February 20, 2015, after meeting with other staff members, Mr. Johnson
provided in an e-mail that “the 35' feet in height will work. In addition, the proposed width
should also work. Please note that this interpretation is based on the approved Eagle Point
Business Park Sign Plan which allows for approximately 30 feet in heights and approximately 12
feet in width”. In response to this e-mail, Dawn Grant indicated that IRET would meet with the
tenants of the building and inquired if a permit application was the next step. Mr. Johnson
responded by e-mail that applying for a permit application would be the next step. This
sequence of e-mails is attached as Exhibit D to Written Statements. In light of this approval from
Mr. Johnson through mid-July, IRET worked with existing and prospective tenants to ascertain
locations on the proposed sign. On July 23, 2015, Nordquist Sign (Steve Hirtz) applied for the
permit application as was documented in the February 20, 2015 e-mail from Mr. Johnson. After
not hearing a response (both e-mail and voice mail) for several days, Steve Hirtz contacted the
City of Lake Elmo on August 3, 2015 and was notified that Mr. Johnson was no longer employed
there and Steve Hirtz was assigned to Kyle Klatt as the new planning department representative.
Steve Hirtz resent the permit application, along with the e-mail correspondence from Mr.
Johnson that provided approval subject to the permit application, and after waiting for several
weeks, Dawn Grant contacted Mr. Klatt as to the status on August 25, 2015 of the permit
application. On September 2, 2015, Mr. Klatt denied the sign permit application and provided
a formal letter (attached as Exhibit E to Written Statements) and an e-mail correspondence with
options for pursuing alternative signage options (attached as Exhibit F to Written Statements).
Dawn Grant contacted Mayor Pearson to discuss the situation of the length of time for
responses and asked the City of Lake Elmo to honor the original approval by Mr. Johnson.
Apparently after internal discussions, the denial was not going to change and September 23,
2015, Mr. Klatt again denied the permit application and required that either a variance
application or zoning appeal should be applied for. In several e-mail and voice mails following
this e-mail from Mr. Klatt, Dawn Grant asked Mr. Klatt for guidance on which of the applications
was more applicable. After no response, sometime in October, Dawn Grant contacted Mayor
Pearson again as to not being able to get a response from Mr. Klatt and was informed that Mr.
Klatt was leaving the City of Lake Elmo in early November. Dawn Grant was then given the name
of Ben Gozola, a temporary planning staff member to work with on the process. Mr. Gozola
deferred the question to Steve Wensman, a new planner who would start on November 2, 2015.
Mr. Gozola and Mr. Wensman discussed the issue and on November 6, 2015, Mr. Wensman
answered the question of which application process was more applicable and asked that a
variance application be filed.
f) Explain why the strict enforcement of this chapter would cause practical difficulties because of
circumstances unique to the individual property under consideration
The property was developed originally as part of a larger health care campus. The current
building is the initial medical building completed without other properties developed and
therefore has poor visibility and access. The patients of the clinics/surgery center in the building
have difficulty locating the building. Further, the lack of visibility of the building from the
frontage road and more importantly from I-94, provides for no marketing opportunity for the
clinics/surgery center. These factors have also impeded leasing of the vacancies in the building,
with the 45,721 square foot building standing at 24.5% vacant which is far under the market for
medical office buildings in the surrounding market. The signage proposed would provide the
visibility that is necessary in order to compete effectively. A minimum of four panels is required
for current tenants, leaving one available for prospective tenant of the remaining vacancy. In
order to provide identity of the campus, as well as readable sign panels for each tenant while
being able to see the sign visibly from both the frontage road and I-94, the 35’ proposed is
necessary. In preparing for the initial meeting, both Dawn Grant and Steve Hirtz spent a great
deal of time ascertaining the right height in order to achieve the level of visibility necessary
(otherwise the sign at a lower height would simply not achieve what is necessary). It is the
opinion of the applicant that the viability of the building and tenant’s future success in the City
of Lake Elmo depends in part on the pylon sign approval. Two of the major tenants in the
building (High Pointe Surgery Center and Twin Cities Orthopedics) have provided letters of
support and justification for the pylon sign. Please find these letters attached Exhibit G and H
to the Written Statements.
g) Explain why the plight of the landowner is due to circumstances unique to the property and not created
by the landowner
High Pointe Medical Campus (HPMC) is not in the heart of the local medical community; which
is located mostly in Woodbury. The City of Woodbury has been and continues to be the
strongest competition to the City of Lake Elmo. Many prospective tenants have not considered
HPMC because it has a Lake Elmo address. Even though less than a mile from Woodbury and as
accessible from I-94, tenants such as an independent pediatrics clinic were in the market for
space and chose not to consider HPMC because it was not in the City of Woodbury. To further
exacerbate the current market conditions, there are new medical office buildings and two new
surgery centers announced in the City of Woodbury (Tria Orthopedics and Summit Orthopedics).
One of HPMC’s major tenants is St. Croix Orthopaedics, a division of Twin Cities Orthopedics,
who want to grow their presence and compete head on, are planning on providing urgent care
services in 2016, but feel strongly that without signage visibility, they cannot effectively
compete. HPMC’s largest tenant, High Pointe Surgery Center serves not just the local
community but throughout the Twin Cities and greater Minnesota. One of the main issues facing
their continued success is visibility and patient access. IRET Properties currently has two
prospects to lease the remaining vacancy and increase the viability of HPMC, who have both
indicated they will not consider HPMC without the approved pylon sign.
h) Justify that granting of the variance would not alter the essential character of the neighborhood
The proposed sign is tasteful and the only thing in question is the height and width of the sign.
Given the proposed location, it provides visibility from I-94 and the frontage road without
impeding the neighborhood. The installation of the proposed sign has no different affect than
an existing pylon sign on the neighboring property to the west. Please refer to the proposed
location photo attached to the detailed reason for request exhibit of this land use application.
i) Justify that granting of the variance will not impair adequate light and air to adjacent properties and
that it will not substantially increase the congestion of public streets or substantially diminish or impair
property values in the neighborhood
The proposed sign at 35’ in height and 16’ in width will not cause any impairment to light and
air, and will not cause congestion. Please refer to the proposed location photo attached to the
detailed reason for request exhibit of this land use application. The property values of the
neighboring properties with existing signage available on the frontage road, will not be
diminished in value; it cannot have an affect on what already exists. The only probably affect
on property values would be an increase in value of HPMC when fully occupied and the
possibility of an addition to the existing building if additional tenants are achieved or existing
tenants expand.
Exhibit A to Written Statements – Legal Description
Land Use Application/Variance
High Pointe Health Campus
IRET Properties, a North Dakota Limited Partnership
All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29
North, Range 21 West, Washington County, Minnesota, described as follows:
Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00
minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of
435.61 feet to the POINT OF BEGINNING; continue thence North 00 degrees 00 minutes 40
seconds West, along said East line, a distance of 483.26 feet, thence North 90 degrees 00
minutes 00 seconds West a distance of 683.24 feet; thence South 00 degrees 00 minutes 00
seconds East a distance of 423.69 feet; thence Westerly 123.88 feet along the arc of a non-
tangential curve concave to the South whose radius is 230.00 feet and whose chord bears
South 83 degrees 51 minutes 07 seconds West; thence South 68 degrees 24 minutes 49
seconds West a distance of 102.81 feet to a point on the Northerly right of way line of
Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of 421.73
feet along the arc of a non-tangential curve concave to the Northeast whose radius is 768.51
feet and whose chord bears South 52 degrees 53 minutes 56 seconds East; thence North 00
degrees 00 minutes 40 seconds West a distance of 176.36 feet; thence North 89 degrees 35
minutes 53 seconds East a distance of 175.00 feet; thence South 00 degrees 00 minutes 40
seconds East a distance of 223.25 feet to a point on the Northerly right of way line of
Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance of
53.13 feet along the arc of a non-tangential curve concave to the North, whose radius is
768.51 feet and whose chord bears South 84 degrees 06 minutes 58 seconds East; continue
thence South 86 degrees 05 minutes 47 seconds East a distance of 141.01 feet; thence
North 00 degrees 00 minutes 40 seconds West a distance of 301.88 feet; thence North 89
degrees 35 minutes 53 seconds East a distance of 200.00 feet to the POINT OF BEGINNING
and there terminating.
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565
4622
11306
9917
11334
3153
2915
510
682 743765
10925
8511
5231
11079
721
8980
783
5265
623
3442
3281
3311
4676
3338
5203
9393
11220
5091
2929
528
9366
10240
3645
5383
4668
8199
9838
4654
109419260
11057
12122
5294
8056
12418
597
10917
11020
5061
547012136
8910
5291
648618602
12154 1217212190
9369
9856
10975
31153112
10961
584
2945
10949
9902
3343
9901
8098
10929
9822
3479
9872
513
5403
5323
9755
3099
9888
9703
32173203
3308
3235
9905
12208
5310
9733
544512167
568546
9910
9077
1107511074
11105
11225 1129511269
3253
3265
9837
5429
10376
12502
10902
10907
5366
9768
9051
5328 5388
3631
10906
9918
9240
9049
3390
12211
9771
1120011212 112921123011272
11227
9785
12023
540812115
990497869918
11072
5346
3537
12226 12300
9202
9750
10920
8051
3673
1244612476
1228812260
4698
12311
12187
9924
9823
8017
12195
11094
4690
12067
9913
12455
12153 12245
12371
10899
12181
12432
220
3459
11180
9797
12312
3585
3466
12383
12276
1240412532
12324
12362
3380
8080 12203 12337
11082
3693
3520
12340
3524
9871
12386
8085
3590
3546
3394
8036
1039010390
11178
361736043603
3417
3515
1242512425
8027
2860
8038
12415
12445
3880
11002
11104
8111
11123
1243512435
8034
89358945
8975
8925
8971 8981898589318941
86738669
1175011720
1182011850117701179011810
862586218677
865786538665
11140
11830
11760 11840
86338687
30103030
8991
8951
8995
8953
10TH ST N
HUDSON BLVD MANNING AVE NLAKE ELMO AVE NINWOOD AVE NSTILLWATER BLVD N
34TH ST N
50TH ST N
KEATS AVE N15TH ST NIDEAL AVE N20TH ST N
LAKE JANE TRL N
30TH ST N
53RD ST N
27THSTN JAMACA AVE N55TH ST
N
JANE RD N
47TH ST N
DEMONTRE V ILLETRLN5 7 T HST N
59TH ST N
51STSTS
3 1 S T S TN43RD ST N
LEGION AVE N39TH ST N
38TH ST N
42ND ST N
O
LS
ONLAKETRLNKIMBRO AVE N33RD ST N
24TH ST N
26TH ST N
32ND S
T
N
J U LEPAVENLILY AVE NC IM ARRO NIVY AVE NHI
L
L
T
OP
A
V
E
N
21ST ST N STILLWATER LN N
IRISAVE
N
MANNINGTRLN45TH ST N
9TH ST NIVORY AVE N12TH ST N
JASM IN E A VENJEWELAVEN
56TH ST N
LEGION LNN
35TH STN
KELVIN AVE N37TH ST N
36TH ST N JAMACABLVDNLINDENAVENKLONDIKEAVEN LINDENTRLN
JA
N
E
C
T
N
IMPERIALAVEN55TH ST
ISLE AVE N
22ND ST N
40
T
H
S
T
N
TAPESTRYTRL
28TH ST N KIRKWOOD AVE N3RDSTRE E T P L N
H
Y
TRAILAVENLILAC LN NTA PESTRYRDJEROME AVE NKINDREDWAY
1 4 T HSTNHIGHLANDSTR LN
EAGLEPOINTBLVDJANE CIR NJONQUILTRL NJASPER AVE NLAYTON AVE NJAMACA CT N
JULEPCTN
LEEW
ARD
AV
E
NJONQUIL
AVE
N
LILAC PL N
IRISH CT NHIGH
LANDS
CT
NJULEP WAYLILAC WAY N
IVORY CTINNSDALE AVE N11TH ST N
TAPESTRY GRV
10THSTREETLNN22ND CT N INNSDALE AVE NLAYTONAVENSTILLWATER BLVD N ISLE AVE NJAMACA AVE N53RD ST N
KEATS AVE NKEATS AVE NLILY AVE NMANNINGAVENHIGHLAN D S T R L N
10TH ST N JULEPAVEN
LAKE ELMO AVE N57TH ST N
50TH ST N
59THST N
39TH ST N
Lake Elmo
Lake Jane
Eagle Point Lake
Lake DeMontreville
Lake Olson
Sunfish Lake
Horseshoe Lake
Downs Lake
Goose Lake
Rose Lake
Clear Lake
Armstrong Lake
Sources: Washington County & Metro GIS5-11-2015
5
Official Zoning Map
Data Disclaimer:This map is not a boundary surveyand is not intended to be used as such.The City of Lake Elmo assumes noliability for the completeness of this mapor responsibility for any associated direct,indirect, or consequential damages that may result from its use or misuse.
Shoreland District
Municipal Boundary
ZONING DISTRICTSA
BP
C
CC
GB
LC
LC-PUD
LDR
OP
PF
R2-PUD
RE
RR
RS
RT
LDR-PUD
MDR
MDR-PUD
Exhibit B to Written Statements - Land Use Application - IRET Properties
Exhibit C to Written Statment
Land Use Variance
Application
IRET Properties
Exhibit D to Written Statements
Land Use Application
IRET Properties
Exhibit E to Written Statment
Land Use Variance
Application
IRET Properties
From:Kyle Klatt
To:Steve M. Hirtz
Cc:Dawn Grant - IRET; mikepearson1965@yahoo.com; Clark Schroeder
Subject:RE: High Pointe Medical Campus - pylon sign
Date:Wednesday, September 02, 2015 4:08:26 PM
Attachments:SKMBT_C25315090214530.pdfEagle Point Development Standards - Reduced.pdf
Steve:
Attached is the City's formal response letter to the sign permit application for High Pointe Medical Campus. I am
also attaching the full set of development standards for the Eagle Point Business Park that are on file in our office
for your consideration.
I was able to contact Nick Johnson to discuss his previous correspondence with you concerning this matter. While
he and I were in agreement on the potential interpretation and application of the illustrative drawing included in the
Eagle Point Business Park Development Standards, neither of us caught the written standards specific to signs when
this initial review was performed. I apologize for the earlier direction you were given, but at this point, I need to
take into account all pertinent information as part of our formal sign permit review. The attached letter documents
the specific reasons for the denial of the permit request.
Based on the City's decision regarding this matter, you have the following options in order to continue perusing
alterative signage options for this site:
- Revise the plans to conform to the sign height standard of 25 feet.
- Appeal the interpretation of the Eagle Point Business Park Development Standards to the City's Board of
Adjustment and Appeals (which is the City Council)
- Request a variance to allow a higher sign than allowed under the City's Zoning Ordinance; or
- Apply for an amendment to the Eagle Point Business Park PUD to allow a sign that is higher than allowed under
the development standards or to change the maximum sign height throughout the business park.
If you wish to pursue any of these options or if you have any general questions about the City's review, please
contact me.
Kyle Klatt
Community Development Director
City of Lake Elmo
(651) 747-3911
-----Original Message-----
From: Steve M. Hirtz [mailto:SteveH@nordquistsign.com]
Sent: Friday, August 21, 2015 9:07 AM
To: Kyle Klatt <KKlatt@lakeelmo.org>
Cc: 'Dawn Grant - IRET' <DGrant@iret.com>
Subject: RE: High Pointe Medical Campus - pylon sign
Hello Kyle -
I am checking in to see if there is need for additional information from us and if there is an updated on our submittal.
Thanks,
Steve
Exhibit F to Written Statements
Land Use Variance Application
IRET Properties
Exhibit G to Written Statements
Land Use Application
IRET Properties
Exhibit H to Written
Statements Land Use Variance
Application IRET Properties
INFORMATION
The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis
on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less
shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review
a copy of the arbitration rules at <http://www.alta.org/>.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE
COMMITMENT VERY CAREFULLY.
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.
Page 1
Verification of Ownership
Land Use Application
IRET Properties
TITLE INSURANCE COMMITMENT
Issued by
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount
and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the
Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment
Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end
when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The Exceptions in Schedule B-II.
The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
Authorized Countersignature
Stewart Title of Minnesota, Inc.
Company
Bloomington,Minnesota
City, State
ALTA Plain Language Commitment (6/17/06)
245 ALTA Plain Language Commitment (6/17/06)
CONDITIONS
1. DEFINITIONS
(a) “Mortgage” means mortgage, deed of trust or other security instrument. (b) “Public Records” means title records that
give constructive notice of matters affecting your title according to the state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B – Section II may be amended to show any defects, liens or encumbrances that appear for
the first time in the public records or are created or attach between the Commitment Date and the date on which all of the
Requirements (a) and (c) of Schedule B – Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment date are not shown in Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable
to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If
we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your
actual loss caused by your relying on this Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B – Section I
or
Eliminate with our written consent any Exceptions shown in Schedule B – Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject
to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be
based on this Commitment and is subject to its terms.
Page 2
ESTABLISHED 1893
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
AS BEING
SYNONYMOUS WITH
QUALITY
P.O. Box 2029
Houston, Texas 77252
TABLE OF CONTENTS
Page
AGREEMENT TO ISSUE POLICY 1
SCHEDULE A
1. Commitment date
2. Policies to be Issued, Amounts and
Proposed Insureds
3. Interest in the Land and Owner
4. Description of the Land
SCHEDULE B-I – REQUIREMENTS
SCHEDULE B-II – EXCEPTIONS
CONDITIONS 2
ALTA Commitment Schedule A
SCHEDULE A
STEWART TITLE
GUARANTY COMPANY
Commitment Page 5 of 9
Customer Reference #: 955743
Order Number: 153273
1. Effective Date: January 4, 2012 at 7:00 A.M.
2. Policy or Policies to be issued:Amount of Insurance
(a) ALTA Owner’s 2006
Proposed Insured: NONE
(b)ALTA Loan 2006 $5,400,000.00
Proposed Insured: TCF Bank, its successors and/or assigns
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple and is at the effective date hereof vested in:
IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North
Dakota
4. The land referred to in this Commitment is located in the County of Washington, State of Minnesota,
and described as follows:
SEE ATTACHED EXHIBIT A
ALTA Commitment Schedule A
SCHEDULE A
STEWART TITLE
GUARANTY COMPANY
Commitment Page 6 of 9
EXHIBIT A
All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29 North, Range
21 West, Washington County, Minnesota, described as follows:
Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes 40
seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the POINT OF
BEGINNING; continue thence North 00 degrees 00 minutes 40 seconds West, along said East line, a
distance of 483.26 feet, thence North 90 degrees 00 minutes 00 seconds West a distance of 683.24 feet;
thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet; thence Westerly 123.88
feet along the arc of a non-tangential curve concave to the South whose radius is 230.00 feet and whose
chord bears South 83 degrees 51 minutes 07 seconds West; thence South 68 degrees 24 minutes 49
seconds West a distance of 102.81 feet to a point on the Northerly right of way line of Hudson Blvd.;
thence Southeasterly, along said Northerly right of way a distance of 421.73 feet along the arc of a non-
tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52
degrees 53 minutes 56 seconds East; thence North 00 degrees 00 minutes 40 seconds West a distance of
176.36 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 175.00 feet; thence South
00 degrees 00 minutes 40 seconds East a distance of 223.25 feet to a point on the Northerly right of way
line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance of 53.13
feet along the arc of a non-tangential curve concave to the North, whose radius is 768.51 feet and whose
chord bears South 84 degrees 06 minutes 58 seconds East; continue thence South 86 degrees 05 minutes
47 seconds East a distance of 141.01 feet; thence North 00 degrees 00 minutes 40 seconds West a
distance of 301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 200.00 feet to
the POINT OF BEGINNING and there terminating.
Being Torrens property. Certificate No.: 60591
ALTA Commitment Schedule B Section I
SCHEDULE B – Section I
Requirements
STEWART TITLE
GUARANTY COMPANY
Commitment Page 7 of 9
Order Number: 153273
THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT, OR REPRESENTATION OF
FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR
NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE
SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND
BE GOVERNED BY PARAGRAPH THREE (3) OF THE CONDITIONS.
The following are the requirements to be complied with:
1.A properly executed and recordable mortgage from IRET Properties, a North Dakota Limited
Partnership, a limited partnership under the laws of North Dakota, to TCF Bank.
2. Affidavit Regarding Borrower(s) executed by IRET Properties, a North Dakota Limited Partnership,
a limited partnership under the laws of North Dakota.
3. The company requires the following to be satisfied, subordinated or partially released:
Mortgage, Security Agreement and Fixture Financing Statement in the original principal amount of
$8,100,000.00, dated 11-8-1998, filed 12-17-1998, as Document No. 1075768, between East Metro
Medical Building, LLC, a Minnesota limited liability company, mortgagor, and The Variable
Annuity Life Insurance Company, a Texas corporation, mortgagee.
Amended by Consent, Assumption, Loan Modification, Amendment to Mortgage, Security
Agreement and Fixture Financing Statement and Indemnification Agreement dated 7-30-2004, filed
10-5-2004, as Document No. 1150298; mortgage assumed by IRET Properties, a North Dakota
Limited Partnership, a limited partnership under the laws of North Dakota.
4. The company requires the following to be satisfied, subordinated or partially released:
Absolute Assignment of Leases and Rents dated 12-8-1998, filed 12-17-1998, as Document No.
1075769, between East Metro Medical Building, LLC, a Minnesota limited liability company,
assignor, and The Variable Annuity Life Insurance Company, a Texas corporation, assignee.
Amended by Consent, Assumption, Loan Modification, Amendment to Mortgage, Security
Agreement and Fixture Financing Statement and Indemnification Agreement dated 7-30-2004, filed
10-5-2004, as Document No. 1150298; assignment assumed by IRET Properties, a North Dakota
Limited Partnership, a limited partnership under the laws of North Dakota.
ALTA Commitment Schedule B Section II
SCHEDULE B – Section II
Exceptions
STEWART TITLE
GUARANTY COMPANY
Commitment Page 8 of 9
Order Number: 153273
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof, but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this
commitment.
2. Rights or claims of parties in possession, not shown by the public records.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records.
5.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
6.Rights or claims of tenants, as tenants only, in possession under unrecorded leases.
7. Taxes for the year 2011 in the amount of $346,110.00. They are paid in full. Base Tax amount
$343,323.63.
PIN: 33.029.21.44.0007. Non-Homestead
There are no delinquent taxes of record.
8. Special and pending assessments, if any.
Note: An assessment search has been requested and the results of that search will follow by revision.
9. Minnesota Department of Transportation Right of Way Plat No. 82-31, filed 9-29-1981, as Document
No. 58129.
10. Terms and conditions of Partial Final Certificate dated 10-9-1987, filed 11-12-1987, as Document
No. 85987.
11. Terms and conditions of Declaration of Protective Covenants dated 12-1-1997, filed 12-19-1997, as
Document No. 1065503.
12. Terms and conditions of Easement Agreement dated 12-10-1997, filed 12-31-1997, as Document No.
1065505.
ALTA Commitment Schedule B Section II
SCHEDULE B – Section II
Exceptions
STEWART TITLE
GUARANTY COMPANY
Commitment Page 9 of 9
13. Terms and conditions of East Metro Healthcare Center Cooperation Agreement dated 12-2-1997,
filed 12-31-1997, as Document No. 1065506.
14. Terms and conditions of Memorandum of Cooperation Agreement dated 12-10-1997, filed 12-31-
1997, as Document No. 1065507.
15. Terms and conditions of Grant of Permanent Easement dated 12-10-1997, filed 12-31-1997, as
Document No. 1065509.
16. Terms and conditions of Easement and Agreement dated 8-30-2004, filed 10-6-2004, as Document
No. 1150352.
Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042
Development Standards for Eagle Point Business Park
300.12 subd. (1)(B) and 300.12(2). No Business Park structure shall exceed 60’ in height. Parapet walls shall not exceed more than 4’ above the height permitted of the building. 300.13 subd (6)(A)(3) Parking spaces shall be 9’ X 18’ at the developments north of Hudson Blvd and 10’ X 20’ South of Hudson Blvd, with the exception of the hotel and restaurant which needs to be 9’ X 18’ spacing. Parking spaces for the handicapped shall be minimum of 12’ X 20’. 20% of the spaces in an office development can be compact car size 8’ X 16”. The size of parking space may be altered upon approval of Zoning Administrator. 300.13 subd. (6)(B)(6)(D) The primary landscaping materials shall be shade trees with shrubs, hedges, etc., used only to complement trees, not as the sole means of landscaping. Landscaping and irrigation will be done on a project by project basis. If landscaping within the NSP easement is disturbed, it needs to be replaced by NSP, or the property owner. Berming and landscaping must be approved within one year of City Council approval. Permitted Uses: Banks, medical clinics, offices, schools (business, professional and private trade), office showrooms. Conditional Uses: Business services, conference centers, health clubs, hotels and motels, day care centers, limited retail, medical, dental and research labs, recording studios, restaurants and cafeterias, theaters, teleconferencing transmission facilities, veterinary clinics, and hotel. Minimum Lot Area: 2.0 acres. Lots less than 2.0 acres might be approved on a project by project basis through a conditional use permit. Minimum Lot Frontage: 200’ with the exception of 50’ pm a cul-de-sac. Lot Width/Depth Ratio: 1/3.5 Minimum Building Setbacks: 50’ for the front and street frontage, and 10’ for side and rear frontage. When abutting residential uses, the current ordinance requirement will apply. Minimum Parking Setbacks: Front: 20’, Side: 10’, Side(street): 20’, Rear: 10’ Minimum Building Foundation Size: 10,000 s.f.
Parking Ratio: One space for each 250 s.f. of office building area or one space per two employees, whichever is greater. One space per 2,000 s.f of storage, warehouse and 1 space per 1,000 s.f. of showroom. Pathways: 8’ wide pathways as part of the City’s trail system and the City will maintain. Storm Water Control: Storm water management requirements should be averaged over the PUD area as a whole. The tributary setback will be 30’ from the tributary setback, and the parking setback will be 10’ from the tributary setback. Lighting Height: 30’ maximum Sign Height: Businesses can have signage on the building and a monument sign at the property’s entrance, and that a pylon sign must be approved on a case by case basis by the City. Pond Maintenance: Recommend the creation of a District to take care of pond maintenance.
City of Lake Elmo Certificate of Grading Review Sheet
PUBLIC HEARING ITEM 5b – PUBLIC HEARING
PLANNING COMMISSION
DATE: 1/11/15
AGENDA ITEM: 5b – PUBLIC HEARING
CASE # 2015-40
ITEM: Sign Variance – IRET Properties, 8650 Hudson Blvd
SUBMITTED BY: Stephen Wensman, City Planner
REVIEWED BY: Joan Ziertman
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to hold a public hearing to consider a request from IRET
properties for a variance to allow a 35-foot high, 16-foot wide pylon sign. The maximum pylon sign
height for the subject property according to the Eagle Point Business Park Exterior Sign Design
Agreement is 30-foot high and 12-foot wide. Staff is recommending that the Planning Commission
recommend approval of the variance request based on the findings listed in the Staff Report with the
following motion:
“Move to recommend approval of the 5 foot height and 4 foot width variance request at 8650
Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical
Campus based on the findings identified in the Staff Report.”
GENERAL INFORMATION
Applicant: IRET Properties, 10050 Crosstown Circle, Suite 105, Eden Prairie, MN 55344
Property Owners: IRET Properties, 1400 31st Ave SW, Suite 60, Minot ND 58702
Location: 8650 Hudson Blvd, Lake Elmo
PID Number: 33.029.21.44.0007
Request: Variance – 5’ height and 4’ width variance from the pylon sign regulations of the
Eagle Point Business Park Exterior Sign Design Agreement
Existing Land Use: Medical Facilities
Existing Zoning: BP – Business Park
Surrounding Land Use: Medical Offices, Auto Body Repair, Offices
Surrounding Zoning: BP – Business Park
Comprehensive Plan: Business Park
Proposed Zoning: No Change
History: The subject property was platted as part of the Eagle Point Business Park
Planned Unit Development.
2
PUBLIC HEARING ITEM __ – PUBLIC HEARING
Deadline for Action: Application Complete – 12/1/15
60 Day Deadline – 1/30/16
Extension Letter Mailed – No
120 Day Deadline – 3/30/16
Applicable Regulations: Eagle Park Business Park PUD Agreement
154.109 – Variances (Administration and Enforcement)
REQUEST DETAILS
The City of Lake Elmo has received a request from IRET Properties for a variance to allow a pylon
sign that exceeds the maximum height and width allowed under the Eagle Park Business Park PUD
Agreement. Under the Agreement, the maximum height and width for a pylon sign in this location
would be 30-foot high and 12 foot wide feet. The applicant is requesting a 5-foot height and 4-foot
width variance from the PUD Agreement to allow a 35-foot high and 16-foot wide pylon.
The applicant has provided a written statement to the City indicating the reason for the variance
request. The written statement includes a narrative addressing how the proposed variance meets the
four required findings to grant a variance under the City’s Zoning Code and State Statute.
BACKGROUND
The subject property is located in the southeastern corner of the Eagle Point Business Park, east of
Inwood Avenue (CSAH 13) and Eagle Point Boulevard. The attached Exhibit B highlights the
location of the parcel and its proposed pylon sign location. The parcel was platted as part of the Eagle
Point Business Park and is 10.46 acres in size. The subject property and surrounding properties are
zoned BP – Business Park. In terms of land use, the surrounding properties are mostly comprised of
offices and other commercial uses with the exception of a collision shop.
In terms of the physical characteristics of the property, the site is irregularly shaped with frontage on
Hudson Boulevard, but with two other businesses, the Park Dental and Crossroads Collision carved
into their Hudson Boulevard frontage. The High Point Health building is a 3-story brick building that
sits up high toward the rear of the lot with the parking to its east side and entrance at the southeast
corner of the building. The entrance drive curves behind the Crossroads Collision to Hudson
Boulevard. The proposed pylon locations is on a vacant/undeveloped portion of the frontage between
the Crossroads Collision and Park Dental. The location is the best location for providing visibility
from Interstate 94, as it is the portion of the site where Hudson Boulevard runs parallel to the
Interstate. Other signs for the High Point Medical Facility include a large wall sign that faces south
and a small monument sign where the entrance drive meets Hudson Boulevard. The building is a
multi-tenant building and site lacks signs depicting building tenants.
PLANNING AND ZONING ISSUES
In reviewing the applicable codes and planning considerations that apply to the subject property,
Staff would like the Planning Commission to consider the following as it reviews this request:
The Eagle Point Business PUD Agreement. According to the sign design regulations in the
agreement, the text references a 25-foot height, whereas the text below the graphic depiction
3
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of the pylon sign states, “approximately 30’ high x 12’ wide. Furthermore, the staff prepared
summary of the Eagle Point Development Standards states:
“Sign Height: Businesses can have signage on the building and a monument sign at the
property’s entrance, and that a pylon sign must be approved on a case by case basis by
the City.”
The only other pylon sign in the “locality” is a non-conforming pylon sign for Crossroads
Collision. Further down the road to the east is one other pylon signs for Lamperts Lumber
which is a much larger non-conforming sign.
Site Topography/Visibility. As noted in the application, the building was one of the first to
be constructed in the Eagle Point Business Park, and as other buildings have been
constructed, some along the frontage, it has become increasingly difficult to find the
businesses in the facility. Visibility is poor from Hudson Road and even more so from
Interstate 94.
Regulatory Ambiguity. As noted earlier, the Eagle Park Business Park PUD Agreement is
somewhat ambiguous. The written text associated with the signs references a 25-foot height,
whereas the graphic uses the term, “approximately 30-foot”. To further complicate the
matter, a staff’s summary of the agreement states, “case by case” for pylon signs. This
ambiguity has caused internal interpretation issues. When first presented with this proposal,
Nick Johnson, the City Planner, stated that in an email to the applicant that the 35-foot pylon
sign height, “will work”. Later, when Nick left the city, Kyle Klatt, the Development
Director, denied the application. Based on the denial, present staff requested that applicant
apply for a variance.
Regulatory Delays. This process started on January 14, 2015 with an initial discussion with
Nick Johnson the former City Planner. A formal sign permit application was made on July
23, 2015 which was denied by the Development Director on September 2, 2015. On
November 6, 2015, the applicant discussed the process with the new City Planner and a
variance application was submitted on December 1, 2015.
REVIEW AND ANALYSIS
An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake
Elmo City Code Section 154.017 before an exception or modification to city code requirements can
be granted. These criteria are listed below, along with comments from Staff regarding applicability
of these criteria to the applicant’s request.
1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board
of Adjustment upon the application by the owner of the affected property where the strict
enforcement of this chapter would cause practical difficulties because of circumstances unique to
the individual property under consideration and then only when it is demonstrated that such
actions will be in keeping with the spirit and intent of this chapter. Definition of practical
difficulties - “Practical difficulties” as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not permitted by an
official control.
Under this standard, the City would need to find that the placement of the proposed accessory
structure in the proposed location is a reasonable use of the property.
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FINDINGS: Increasing the allowed height from 30-foot to 35-foot and the width from 12-foot to 16-
foot for a pylon sign represents a reasonable use of the property. The property is zoned Business
Park and is surrounded by other commercial uses. A larger nonconforming pylon sign exists
adjacent to the site. Visibility to the site is difficult and identification of the multiple tenants is also
reasonable. The variance is in keeping with the intent of the City’s sign ordinance: to foster high
quality commercial and industrial development and to enhance economic development of existing
businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet
the need for business identification, advertising and communication. Staff determines that this
criterion is met.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
In order to demonstrate compliance with this standard, the Planning Commission would need to
identify those aspects of the applicant’s property that would not pertain to other properties within the
same zoning classification.
FINDINGS: The site, lot layout, and the poor visibility from Hudson Boulevard and Interstate 94
are unique and not circumstances created by the landowner. The Crossroads Collision and Park
Dental buildings sit in front of the High Point Health facility limiting visibility. The facility sits to the
rear of the site, the flat buildable area, leaving little physical presence on the Hudson Boulevard
frontage. The restrictive sign design guidelines were created by the developer and approved by the
City of Lake Elmo, not the current land owner/applicant. Staff determines that this criterion is met.
3) Character of locality. The proposed variance will not alter the essential character of the locality
in which the property in question is located.
Propose findings for this criterion are as follows:
FINDINGS. The location of the property and surrounding properties are within the Business Park,
or are Commercial zoning. There exists one other pylon sign within the locality, and others beyond
that are larger and are noncompliant with the City’s sign ordinance. The Eagle Point Business Park
Agreement does allow a pylon sign. Staff determines that this criterion is met.
4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of
light and air to property adjacent to the property in question or substantially increase the
congestion of the public streets or substantially diminish or impair property values within the
neighborhood.
Propose findings for this criterion are as follows:
FINDINGS. The proposed variance will not impair an adequate supply of light and air to any
properties adjacent to the proposed pylon sign site. The proposed pylon sign is located on an
undeveloped portion of the applicant’s lot. The presence of the sign will not present additional
congestion on public streets, or substantially diminish or impair property values within the
neighborhood. Staff determines that this criterion is met.
Please note that the applicant has also provided a set of findings as part of the attached narrative and
supporting documentation included with the application.
Considering the potential findings of fact as suggested in the preceding section, Staff is
recommending that the Planning Commission recommend approval of the variance request based on
the findings noted in items 1-4 above.
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RECCOMENDATION:
Staff recommends that the Planning Commission recommend approval of the variance request
submitted by IRET Properties given that the request meets the four criteria for a variance.
The suggested motion for taking action on the Staff recommendation is as follows:
“Move to recommend approval of the 5 foot height and 4 foot width variance request at 8650
Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical
Campus based on the findings identified in the Staff Report.”
ATTACHMENTS:
1. Written Statement
2. Exhibits C–H to Written Statement
3. Site Survey
4. Adjacent Pylon photos
5. Letters of Support
6. Eagle Point Development Standards
ORDER OF BUSINESS:
- Introduction ....................................................... Community Development Director
- Report by Staff ..................................................................................... City Planner
- Questions from the Commission ............................ Chair & Commission Members
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members