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HomeMy WebLinkAboutPlanning Commission Resolution 575-99 . . . . MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 575-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE FROM CHAPTER 1008 OF THE MUNICIPAL CODE PERTAINING TO SIGNAGE TO ALLOW A PERMANENT, FREESTANDING PYLON SIGN AT 2791 HIGHWAY 10, KINDERCARE LEARNING CENTER; PLANNING CASE NO. 549-99 WHEREAS, the Mounds View Planning Commission has reviewed the request of Jones Sign Company, representing KinderCare Learning Center, to allow for a permanent, freestanding pylon sign at property located at 2791 Highway 10; and, WHEREAS, this property is zoned R-3, Medium Density Residential, and is legally described as follows: Subject to Highway, Lots 129 ami 130, Spring Lake Park Nil/view, City of Mounds View, County of Ramsey WHEREAS, the Planning Commission has reviewed the following documents associated with this request: 1. Planning Applicallon 2. Zoning Map 3. Sign Plans WHEREAS, the Planning Commission, acting as the Board of Adjustment and Appeals, may grant variances to specific requirements within the Zoning Code under unique, exceptional or extraordinary circumstances; and, WHEREAS, exceptional or extraordinary circumstances do apply to the property which do not apply generally to other properties in the same zone or vicinity and result [rom lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control, in that the use is of a commercial nature and is located within the Highway 10 commercial corridor yet the underlying zoning is residential, a district in which advertising signage is prohibited; and, WHEREAS, the literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district in that all businesses --including day care facilities--located in a commercial district are allowed (depending upon the particular zoning district) a minimum of 100 square feet of signage. Granting of this variance would provide the day care center the same rights commonly enjoyed by other businesses; and, . . . Planning Commission Resolution 575-99 KinderCare Variance April 7, 1999 Page 2 WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the City Code was amended in 1997 to conditionally allow for the operation of day care centers within a business district. The fact that the subject property is zoned residential prevents the business fi-om displaying advertising signage as any other commercially zoned business can; and, WHEREAS, granting the variance requested would not confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures or buildings in the same district in that th applicant is a business distinctly commercial in nature. It is located along Highway 10, the City's primary commercial corridor. It is a commercial operation that operates under an approved conditional use permit. No other types of commercial uses are allowed within a residential district, and as such, KinderCare would not be receiving preferential or special treatment denied to others in this district; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that the addition of one permanent, freestanding pylon sign is the minimum variance to alleviate the hardship; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that it is expected that a commercial business such as KinderCare would be permitted a permanent sign similar to other businesses along Highway 10 The intent of this Code provision is to prevent the intrusion of commercial sign age within residential districts. This property is surrounded on all sides by streets, fronts Highway 10, the City's primary commercial corridor, and is surrounded by other commercial uses including Western Bank, Amoco Gas, and the Holiday Stationstore. The proposed sign would be adjacent to Highway 10; and, WHEREAS, the variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood in that the constl1lction of a freestanding sign could not conceivably impair the supply ofIight and air to adjacent properties or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission, acting as the Board of Adjustment and Appeals, approves the variance to allow a permanent, freestanding pylon sign for KinderCare, located at 2791 Highway 10. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the dimensional specifications attributed to this approved permanent, freestanding pylon sign shall adhere to the requirements listed in Section 1008.08, Subd 2g, of the Sign Code. Adopted this 7th day of April, 1999 . . . . Planning Commission Resolution 575-99 KinderCare Variance April 7, 1999 Page 3 ATTEST SEAL N :\D;\ TA \GROt 'ps ,l'Oi\IDE V'DE VCASES\549-99\5 7 5-98A. RES .- f2t-~- , Jerry Peter on, Planning Commission Chairman ~iJo~ Rick Jopke, Com~nity Development Director