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7.7. SR 01-16-1996ITEM 7.7. ':ty of ver MEMORANDUM TO: FROM: DATE: Mayor and City Council Kendra Lindahl, Zoning Assistant~g~j January 16, 1996 SUBJECT: Variance request by Universal Signs, Inc. for Video Update, Public Hearing, Case No. V 95-13 Request Universal Signs, Inc. is requesting a variance to exceed the maximum number of wall signs on the Video Update store. Location 19141 Freeport Street, Lot 2, Block 4, Elk Park Center Zoning/Land Use PUD (Planned Unit Development)/HB (Highway Business) Attachments · Memo to Planning Commission dated December 19, 1995 Background Universal Signs, Inc., on behalf of Video Update, is requesting a variance to place a third wall sign on its store at 19141 Freeport Street. The building currently has a wall sign on both the north and the east sides of the building. In addition to the two wall signs, Video Update plans to place a monument sign on the east side of the building. The request is to add a third wall sign on the west side of the building. The Elk Park Center PUD agreement allows "one (1) wall sign for each principal building except that where the building abuts two (2) or more public streets". When a building abuts two or more public streets, two wall signs will be allowed for freestanding sites in Elk Park Center. Because Video Update does abut both 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Variance Request by Universal Signs January 16, 1995 Freeport Street and Highway 169, it is allowed two wall signs. sites in Elk Park Center are also allowed one monument sign. Page 2 Freestanding When staff informed Video Update that they are allowed two wall signs, staff was informed that Taco Bell in Elk Park Center has three (3) wall signs. The City informed Taco Bell of the violation and gave them the option of either removing the third sign or applying for a variance. Taco Bell has removed the third sign and is now in compliance with the City Sign Ordinance. Video Update was given the same two options, but they have chosen to ask for a variance for the third wall sign. Variance Staff refers the City Council to Section 900.40 of the Elk River City Ordinance for the five standards to consider when reviewing a variance request. Staff could find no circumstance which makes Video Update's situation different from any of its neighbors in Elk Park Center and no special circumstances which would require any more signage. Planning CommissionRecommendation At its December 19, 1995 meeting, the Planning Commission concurred with staff and found that this request does not meet the five standards required to grant a variance. Therefore, the Planning Commission recommend denial of the variance to exceed the maximum number of wall signs on a freestanding site in Elk Park Center. Recommendation Staff and the Planning Commission recommend denial of the variance to exceed the maximum number of wall signs on a freestanding site in Elk Park Center based on the following findings: Literal enforcement of the ordinance will not cause undue hardship for Video Update, since they are allowed a total of three signs (1 freestanding and 2 wall signs). 2. There are no special conditions such as topography, visibility or circumstances which are peculiar to this business or this site. 3. Literal application of the ordinance will not deprive Video Update of property rights enjoyed by other businesses in the Elk Park Center development. S:\PLANNING\KENDRA\V95-13.DOC Variance Request by Universal Signs Page 3 January 16, 1995 4. There are no special conditions that have not already been addressed by the PUD sign ordinance. Granting this variance would not be in keeping with the spirit or intent of the development standards set forth in the Elk Park Center PUD agreement and the City ordinance. S:\PLANNING\KENDRA\V95-13.DOC ITEM NO. 6.~. 'vet MEMORANDUM TO: FROM: DATE: Planning Commission Kendra Lindahl, Zoning Assistan~ December 19, 1995 SUBJECT: Variance request by Universal Signs, Inc. for Video Update, Public Hearing, Case No. V 95-13 Request Universal Signs, Inc. is requesting a variance to exceed the ma~dmum number of wall signs on the Video Update store. Location 19141 Freeport Street, Lot 2, Block 4, Elk Park Center Zoning/Land Use PUD (Planned Unit Development)f liB (Highway Business) Attachments · Zoning Map · Site Plan · Taco Bell letter dated December 1, 1995 Background Universal Signs, Inc., on behalf of Video Update, is requesting a variance to place a third wall sign on its store at 19141 Freeport Street. The building currently has a wall sign on both the north and the east sides of the building. In addition to the two wall signs, Video Update plans to place a monument sign on the east side of the building. The request is to add a third wall sign on the west side of the building. The Elk Park Center PUD agreement allows "one (1) wall sign for each principal building except that where the building abuts two (2) or more public streets". 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Variance Request by Universal Signs Page 3 December 19, 1995 5. Granting this variance would not be in keeping with the spirit or intent of the development standards set forth in the Elk Park Center PUD agreement and the City ordinance. S:~P LAN NING\KEN DRA\V95-13.DOC [:llc LOCATION City of ver 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 ZONING MAP CASE: V95-13 N December 1, 1995 Gary Schmitz, Planning Assistant The City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: Taco Bell signage violation North elevation Dear Gary: I apologize for not getting back to you sooner. In regards to the above matter, the sign on the North Elevation will be removed within the next three weeks. Please advise Kendra Lindahl and/or Steve Ach of our response. Let me know if you should have any questions. Thank you., Cari Hedberg Q.) Administrative Assistant PHONE 612- 688-0563 800-699-0563 FAX 612-688-2081 800-588-2081