Loading...
HomeMy WebLinkAbout#19 - Park Dental Sign VariancePUBLIC HEARING ITEM __ – PUBLIC HEARING CITY COUNCIL DATE: 3/20/18 AGENDA ITEM: 17 ITEM: Sign Variance – 8980 Hudson Boulevard N.; Park Dental SUBMITTED BY: Ben Prchal, City Planner REVIEWED BY: Emily Becker, Planning Director SUMMARY AND ACTION REQUESTED: The City has received a request from PDG, PA – Jan Tiffany, on behalf of Park Dental High Pointe, for a variance to allow their business to install a second wall sign making it the third wall sign on the building, 43.7 sq. ft. in size, to be located on the south building façade to match the Park Dental sign on the west facade. GENERAL INFORMATION Applicant: PA – Jan Tiffany, on behalf of Park Dental High Pointe, 2200 County Road C- West, Roseville, MN 55113. Property Owners: Bri-Mar Company Inc.; Geneva Exchange Fund XII, LLC; James V. Maciej, 7575 Golden Valley Road, Suite 305, Golden Valley, MN 55427 Location: 8980 Hudson Boulevard N, Lake Elmo, MN; PID No. 33.029.21.44.0005 Request: Variance – for a second 43.7 sq. ft. wall sign. Existing Land Use: Medical Facilities Existing Zoning: BP – Business Park Surrounding Land Use: Offices, Medical Facilities, Vacant Commercial/PUD Outlots Surrounding Zoning: BP – Business Park to the west and north, Vacant Commercial/PUD Outlots to the east Comprehensive Plan: Business Park Proposed Zoning: No Change History: The subject property is part of the Eagle Point Business Park and the building was constructed in 2001. The building is shared (multi-tenant) with Orthodontic Care Specialists, LTD. In December 2015, Park Dental received a sign permit to update its wall sign on the west side of the building. Property records indicate a similar sign was permitted in 2007. The other tenant, Orthodontic Care Specialists, LTD also has a wall sign that is 44 sq. ft. in size. Deadline for Action: Application Complete – 2/23/2018 2 60 Day Deadline – 4/24/2018 Extension Letter Mailed – No 120 Day Deadline – 6/23/2018 Applicable Regulations: 154.212 – Sign Regulations 154.109 – Variances (Administration and Enforcement) REQUEST DETAILS The City of Lake Elmo has received a request from PA – Jan Tiffany, on behalf of Park Dental High Pointe, for a variance to allow a third sign, 43.7 sq. ft. in size, to be located on the south façade of the building. The building is a multi-tenant building shared by Park Dental and Orthodontic Care Specialists, LTD. Both businesses have signs on the west façade of the building near their building entrances and parking area. The signs for Park Dental and Orthodontic Care Specialists, LTD are 43.7 sq. ft. and 44 sq. ft. in size, respectively. The requested third sign would be 43.7 sq. ft. in size and designed to match the existing Park Dental wall sign. If the variance were granted, the combined sign area would be 131.4 sq. ft. The applicant has provided a written statement to the City indicating the reason for the variance request. The written statement includes a narrative intended to address how the proposed variance meets the 4 required findings to grant a variance under the City’s Zoning Code and State Statute. BACKGROUND The building in which Park Dental is located was constructed in 2001 on a 1.77 acres in size in the south east corner of the City’s Business Park near Hudson Boulevard and Jade Trail N; part of the High Pointe Health Campus. The building is a multi-tenant building shared with Orthodontic Care Specialists, LTD. The subject property and surrounding properties to the north, east, and west are zoned BP – Business Park or Commercial PUD (east). The property to the east is zoned Commercial/PUD, but is presently a vacant outlot. In terms of the physical characteristics of the property, the building is setback off of Hudson Boulevard roughly 75’ from Hudson Boulevard and roughly 25’ from the east property line. The main entrances and parking lot are located on the west side of the building. The existing wall signs are on the west façade and a ground sign is located near the entrance to the parking lot which is shared by both tenants. A stormwater infiltration areas is located in the front setback between the building and Hudson Boulevard. REVIEW AND ANALYSIS Reason for Request. The Sign Code only allows one wall sign and one ground sign per street frontage (one wall sign per occupant may be allowed with a Comprehensive Sign Plan if the total square footage of the signs is equal to the lineal measurement of the building), with a maximum of two wall signs and two ground signs per lot. Because the applicant is requesting an additional wall sign for the building, exceeding the number of occupants of the building, and because the building does not have multiple street frontages, a variance is required. 3 The City’s sign code determines allowed sign area based on the buildings lineal frontage. (1 sq. ft. of sign area per lineal feet of building frontage that is coterminous with the occupancy to which the sign refers unless a comprehensive sign plan allocates that sign area differently). This is a multi-tenant building, and therefore a comprehensive sign plan is required. Zoning code requires that the square footage of signage not exceed the length of the buildings frontage in feet. By this standard, the combined existing signs and the additional proposed sign would comply with the allowed sign area, as the current building length is 135 feet, and the combined total of all three would be 131.4 square feet. A comprehensive sign plan will need to be created for the building. A concern that staff has is the potential request for another sign from the other tenant. Since sign size is determined by lineal footage, the other tenant is at a disadvantage as Park Dental almost has twice as much space as the other occupant. If the other tenant would like to install another sign on the south façade, another variance would need to be requested. Initially the applicant had requested the sign to be on the east facing façade. Staff had encouraged them to consider the possibility of relocating it to the south wall due to the possibility of development to the east. When the Boulder Ponds commercial parcel develops, the future building may potentially impair visibility to the east of Park Dental and the newly approved sign. The applicant heeded the advice of Staff and moved the proposed location to the south side of the building. In order to request a variance, an applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or modification to city code requirements can be granted. The criteria is 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 sign in the proposed location is a reasonable use of the property. FINDINGS: The applicant does not propose to use the property in an unreasonable manner by requesting an additional sign, as the tenants are hindered by the configuration of the building. The building was built in 2001, prior to the current sign code. It can be argued that if the tenants would have known that signage is limited by frontage it would have been reconfigured so that visibility of the building would not hinder the occupants by limiting the allowed signage area to only the west (entrance) or south (street frontage) side of the building. Staff believes this criteria 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 City would need to identify those aspects of the applicant’s property that would not pertain to other properties within the same zoning classification. 4 FINDINGS: Staff finds aspects of the applicant’s property to be different than other properties within the same zoning classification as it is long and narrow, thus providing limited surface area for appropriate signage. The business park properties have a variety of conforming and nonconforming signs and variable visibility from streets. With a tree line from the west and possible future development from the east, it would be reasonable to assume visibility will become even more limited for their location. Noting the side entrance staff continues to believe the building was not designed with today’s standards in mind which continues to hinder the occupants relating to signage. Staff believes 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. Park Dental is in the Business Park and in an area that is predominantly comprised of commercial uses. Wall signs and other types of signage are common along Hudson Boulevard near the subject property. The additional sign will not alter the essential character of the locality. 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 sign will not impair an adequate supply of light and air to any properties adjacent to the Park Dental site. The proposed wall sign will not present additional congestion on public streets, or substantially diminish or impair property values within the neighborhood. Arguably, additional signage could assist drivers to more quickly locate the building. Also the lighting of the additional sign will not incur or impact light pollution in that location. Staff determines that this criterion is met. Results of Planning Commission and Public Hearing The Planning Commission held a public hearing on the night of March 12th, 2018. There were no comments submitted to staff nor did anyone present themselves to speak during the public hearing, besides those affiliated with the application. The planning commission approved the variance 6-0 with one amendment to the findings, the amendment was also approved 6-0. Blow states the recommended conditions and findings of fact for approval. The amendment is stated below in red. Considering the findings of fact as suggested in the preceding section, the Planning Commission as well as Staff is recommending that the City Council approve the variance request based on the findings noted in 1, 2, 3, and 4 with the following conditions: 1. A comprehensive sign plan be submitted and approved for the building 2. A sign permit application be submitted, approved and issued prior to installation. Finding 4 amended to add the following language: Move to add finding regarding locality - that the lighting of the additional sign will not incur or impact light pollution in that location. RECOMMENDATION: The Planning Commission and Staff recommend approval of the variance request submitted by PA – Jan Tiffany, on behalf of Park Dental High Pointe given that the request meets all four criteria for a variance. 5 The suggestion motion for taking action on the Staff recommendation is as follows: “Move to adopt Resolution 2018-027 approving the variance request at 8980 Hudson Boulevard N. to allow a third wall sign based on the findings and conditions identified in the Staff Report.” ATTACHMENTS: 1. Resolution 2018-027 2. Location Map 3. Application Forms and Project Narrative 4. Proposed Sign and Site Plans CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2018-027 A RESOLUTION APPROVING A VARIANCE TO ALLOW A THRID WALL SIGN AT THE PROPERTY LOCATED AT 8980 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, PDG, PA Jan Tiffany, 2200 County Road C-West, Roseville MN 55113 (Applicant), has submitted an application to the City of Lake Elmo (the "City") for variance to allow the addition of a third wall sign for a multitenant building, which would exceed the number of allowed signs for the building. 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 March 12, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated March 12, 2018; and WHEREAS, the City Council considered said matter at its March 12, 2018 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 variance to allow for the addition of a third wall sign to be installed at 8980 Hudson Blvd, exceeding the number of allowed signs per building based on City code requirements. 4) That the Variance will be located on property legally described as follows: E 200FT OF S 435.6FT E1/2- SE1/4 EXC PARCL 29K MNDOT R/W PLT 82-31 SUBJ TO EASE SECTION 33 TOWNSHIP 029 RANGE 021, Washington County, Minnesota with the following PID: 33.029.21.44.0005. 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 permitted by an official control. Specific Finding: The applicant does not propose to use the property in an unreasonable manner by requesting an additional sign, as the tenants are hindered by the configuration of the building. The building was built in 2001, prior to the current sign code. It can be argued that if the tenants would have known that signage is limited by frontage it would have been reconfigured so that visibility of the building would not hinder the occupants by limiting the allowed signage area to only the west (entrance) or south (street frontage) side of the building. 6) The plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific Findings: Staff finds aspects of the applicant’s property to be different than other properties within the same zoning classification as it is long and narrow, thus providing limited surface area for appropriate signage. The business park properties have a variety of conforming and nonconforming signs and variable visibility from streets. With a tree line from the west and possible future development from the east, it would be reasonable to assume visibility will become even more limited for their location. Noting the side entrance staff continues to believe the building was not designed with today’s standards in mind which continues to hinder the occupants relating to signage. 7) The proposed variance will not alter the essential character of the locality in which the property in question is located. Specific Findings: Park Dental is in the Business Park and in an area that is predominantly comprised of commercial uses. Wall signs and other types of signage are common along Hudson Boulevard near the subject property. The additional sign will not alter the essential character of the locality. 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 sign will not impair an adequate supply of light and air to any properties adjacent to the Park Dental site. The proposed wall sign will not present additional congestion on public streets, or substantially diminish or impair property values within the neighborhood. Arguably, additional signage could assist drivers to more quickly locate the building. Also the lighting of the additional sign will not incur or impact light pollution in that location. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions. 1. A comprehensive sign plan be submitted and approved for the building 2. A sign permit application be submitted, approved and issued prior to installation. Passed and duly adopted this 20th day of March, 2018 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson ATTEST: ________________________________ Julie Johnson, City Clerk Location for Proposed New Existing OCS Existing Park Dental Existing Ground Sign Date Received: _____ _ Received By: _____ _ Permit#: _______ _ LAND USE APPL/CATION Tl IE CIT\' OF U\KE ELl\10 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 D Comprehensive Plan D Zoning District Amend D Zoning Text Amend ~ Variance*(see below) D Zoning Appeal D Conditional Use Permit (C.U.P.) D Flood Plain C.U.P. D Interim Use Permit (I.U.P.) D Excavating/Grading D Lot Line Adjustment D Minor Subdivision D Residential Subdivision Sketch/Concept Plan D PUD Concept Plan D PUD Preliminary Plan D PUD Final Plan D Wireless Communications Applicant: PDG, PA -Jan Tiffany Address: 2200 County Road C-West, Roseville MN 55113 Phone# 651-746-2818 Email Address: jtiffany@parkdental.com Fee Owner: Bri-Mar Company, Inc; Geneva Exchange Fund XII, LLC; Jame s V. Maciej Address: 7575 Golden Valley Road, Suite 135, Golden Valle y MN 55427 Phone # q 5· 2.-$:'j 3 -o 'l 2-9 Email Address: O'.lcu k <? mn r::e o,J i nv<'M:• , .o m Property Location {Address): Park Dental High Pointe, 8980 Hudson Blvd North, Lake Elmo MN (Complete (long) Legal Desc ri ption: The East 200.0 Feet of the South 435.6 feed on the East one-half of the SouthEast quarter (E 1/2 or SE 1/4) of the Section 33, Townshi p 29 North , Range 21 West, Washington County, MN PIO#: 33.029.21.44.0005 Detailed Reason for Request: We are requesting an additional sign due to lack of visi bility along Iha frontage road, H udston Blvd , at all limes of day. There Is reason lo believe our patienls and potential patents are not locating our practice or are aware of our dental pracUce 011 the campus. Tho current code allows only (1) Sign per lenanl due to our building nol oemg 100' long. Given the set back of the building from Hucson Olvd, It Is very difficult to Identify our buildi ng while driving from the Easl VVhen driving from the WesL we are easily noliced due to U1e sign over our entrance on the SouthWesl side of lhe building. In emergeny situations, our cllenls are typically under duress and require quick and clea r direction . The current restrictions do not allow us for clear ldentificalion from botn directions of traffic. ·Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate practical difficul ties before a variance can be granted. The practical difficulties related to this application are as follows: Park Dental has operating hours of 7am to 8pm every day except Fridays. During the dark hours of each day it is difficult find ing the practice coming from the East. This has especia lly become an issue in the winier due to daylight hours being shorte r. During emergencies high visibility from all directions is important and curren tly th ere is noth ing easily identifying the practice for patients from the East. Adding an illuminated sign identifying the building wou ld alleviate these issues. In signing this app lication, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as ou tlin ed in th e applicat ion procedures and hereby agre~to pay all statements [ °' ,,d from the City pertaining to additional appli cation expense. / /_ . Signature of applicant..·_'_,· ·,!l-L!U..(--1--ft.~.::,,,.,~q=.:....:;z~~.:,,,...-Date:._~/2£.....l_-_U_---,,./c......,.?:,___ _____ _ City of Lake Elmo Planning Director Planning Department 3800 Laverne Avenue North Lake Elmo, Mn. 55042 We are Park Dental High Pointe located at 8980 Hudson Blvd North, Lake Elmo, Mn. Following are the written statements providing infor mation regarding our proposal for a variance to the City Code Title 15, chapter 151-151.115. Item: 1. LAND USE APPLICATION (Attached) 2. WRITTEN STATEMENTS A. PROPERTY OWNERS: Bri-Mar Company, Inc., a Minnesota Corporation ; Geneva Exchange Fund XII, LLC, a Minnesota Limited Liability Company; James V. Maciej, an Individual all at Bri-Mar Company, Inc. 7575 Golden Valley Road , Suite 135, Golden Valley MN 55427. APPLICANT : PDG , PA at 2200 County Rd C-West, Suite 2210, Roseville MN 53113. B. Legal Description: The East 200.0 feet of the South 435.6 feet of the East One-half of the Southeast Quarter (E ½ or SE ¼) of Section 33, Township 29 North, Range 21 West, Washington County, MN- Parcel Identification Number: 33.029.21.44.0005 Property Use : Commercial Zoning Class: PUD C. Zoning Section 154.212 Sign Regulations, Subd (Hla) D. Park Dental High Pointe proposes one additional building sign sized at 43 .7 sq ft on the South elevation of their building. The sign proposed will be individual, illuminated channel letters mounted to a raceway with the Park Dental logo and Park Dental High Pointe copy. Placement is coterminous with the tenant's occupied area within the building as they occupy the entire South side of the building and the proposed placement is the East co rner of the South elevation. E. Discussion was started regarding the signage with Nick Johnson on 02 /12/2015. He indicated the code allowed for 1 sign per frontage, per tenant, and that Hudson Blvd was going cons idered the frontage. It was asked of Nick how Park Dental could get another sign, he had responded that their parking lot access to the Health Campus could be considered another frontage and that if we applied for the permits as such he would approve them. He indicated he would need information from both Park Dental as well as future intention from the other tenants in the building as to how they would split the additional frontage . It was determined they would eac h be allowed an equal share in the additional square footage. When the designs were finalized, Archetype submitted the sign permits in September of 2015 for 2 building signs, it was discovered that Nick was no longer employed with the city of Lake Elmo and Stephen Wensman let us know they would not allow 2 signs, only one with Hudson Blvd as the only frontage. We recapped the conversation with Stephen and he let us know during a meeting at City Hall on March 02, 2016, that it was not within Nick's power to agree to approve an additional sign and that Park Dental would need to apply for a variance. Emily Becker was also present during the meeting at City Hall. It was discussed that the High Pointe Health Campus was recently granted a variance to have a large pylon sign and Park Dental High Pointe has a need to be as easily identified separately from that campus to avoid confusion to patients, especially during emergencies. F. Due to the practice's main entry facing the parking lot, which is perpendicular to the frontage road and is set back a distance from the road, it is necessary to highlight that Park Dental is located in this building both over thei r entra nce as well as to oncoming traffic from both directions. Given only one sign is permitted, that doesn't allow for the practice to be identified from any traffic coming from the East. Adding a sign on the South East corner of the building will allow for traffic from that direction to identify the location. G. The existing building entrance is oriented on the side of the building which needs to be identified. Park Dental is trying to identify the building to vehicular traffic and the entrance to the bu i lding is set back from the road. H. The surrounding area is predominately retail/ medical and adding an additional sign on the building would not detract but would add to the environment by highlighting the tenant i n the building. Clients get confused to the location and occasionally go to the High Pointe complex due to the lack of signage identifying the building. I. Adding additional identity to the building would only increase the level of way finding in the complex and avoid confusion as to the final destination of our patients.