HomeMy WebLinkAboutResolution No. 027-14 • RESOLUTION °
WHEREAS, J Squared of Winona, LLC, applied for two variances (#R2013-018VAR) as
part of its effort to add a 21 square foot message center to an already existing 70 square feet
free standing sign for a convenience store located at 205 Sixth Street S.W.; and,
WHEREAS, the property is located within the Central Development Core Medical Zoning
District. A Convenience Retail use is not allowed within this zoning district and is considered to
be a nonconforming use. Therefore, the sign is also nonconforming; and,
WHEREAS, to the south of the property and across Second Avenue N.W., is a residential
district; and,
WHEREAS, R.C.O. §63.224, subd. 2(L) prohibits flashing, moving or intermittently lighted
signs in the Medical Area of the Central Development Core or on any nonresidential lot abutting
directly or across any street of a residential district; and,
WHEREAS, R.C.O. §63.224, subd. 2(L) will not permit the applicant to add a 21 square
foot message center to an already existing 70 square feet free standing sign for applicant's
convenience store located at 205 Sixth Street S.W.; and,
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WHEREAS, the applicant requests the following:
• 1. A variance to R.C.O. §63.224, subd. 2(L) so as to allow for a flashing, moving, or
intermittently lighted sign in the Medical Area of the Central Development Core;
2. A variance to R.C.O. §63.224, subd. 2(L) so as to allow for a flashing, moving, or
intermittently lighted sign on any nonresidential lot abutting directly or across any
street of a residential district; and,
WHEREAS, R.C.O. §60.417 provides the criteria by which a variance request is
analyzed; and,
WHEREAS, the Planning Department staff applied the criteria found in R.C.O. §60.417 to
the requested variance for the free standing sign and made the following findings of fact:
1. THERE ARE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES,
SUCH AS IRREGULARITY, NARROWNESS, OR SHALLOWNESS OF
THE LOT OR EXCEPTIONAL TOPOGRAPHICAL OR PHYSICAL
CONDITIONS WHICH ARE PECULIAR TO THE PROPERTY AND DO
NOT APPLY TO OTHER LANDS WITHIN THE NEIGHBORHOOD OR
THE SAME CLASS OF ZONING DISTRICT: There would appear to be
unique circumstances or conditions that apply to the applicant's property
that do not apply generally to other properties within the CDC-MED (Central
Development Core — Medical) Zoning District. The property is surrounded
• on all sides by parking lots and is part of the transitional area of the
downtown central development core;
2. THE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES ARE DUE
TO CIRCUMSTANCES UNIQUE TO THE PROPERTY NOT CREATED BY
THE LANDOWNER: There are extraordinary conditions or circumstances
that are due to circumstances unique to the property not created by the
landowner. A convenience retail use is not allowed within the CDC —
MED (Central Development Core — Medical) Zoning District and is
considered to be a nonconforming use. Therefore, the sign is also
nonconforming;
3. THE VARIANCE IS NECESSARY TO OVERCOME PRACTICAL
DIFFICULTIES IN COMPLYING WITH THE ZONING ORDINANCE SO
THAT THE PROPERTY CAN BE USED IN A REASONABLE MANNER
NOT PERMITTED BY THE ORDINANCE: The granting of this variance
would appear to be necessary to allow for reasonable use of the
applicant's property. The maintenance and minor repair of nonconforming
signs is permitted;
4. THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE OR MATERIALLY INJURIOUS TO OTHER
• PROPERTY IN THE AREA AND WILL NOT ALTER THE ESSENTIAL
CHARACTER OF THE LOCALITY: The granting of this variance request
would not be substantially detrimental to adjacent property owners due to
the location of the existing sign and the property being surrounded on all
sides by parking lots. This area is also part of the transitional area of the
downtown central development core;
5. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE: The granting of this variance would not be
detrimental to the intent and purpose of the City of Rochester Zoning
Ordinance because the convenience retail use and sign is nonconforming,
and the maintenance and minor repair of nonconforming signs is permitted;
6. THE TERMS OF THE VARIANCE ARE CONSISTENT WITH THE
COMPREHENSIVE PLAN: The CDC IVIED (Central Development Core —
Medical) Zoning District is consistent with the Comprehensive Plan; and,
WHEREAS, this matter came before the Planning and Zoning Commission at its
December 4, 2013, meeting at which time the Commission recommended the denial of the
requested variances based upon the following findings of fact:
• 1. THERE ARE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES,
SUCH AS IRREGULARITY NARROWNESS OR SHALLOWNESS OF
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THE LOT OR EXCEPTIONAL TOPOGRAPHICAL OR PHYSICAL
CONDITIONS WHICH ARE PECULIAR TO THE PROPERTY AND DO
NOT APPLY TO OTHER LANDS WITHIN THE NEIGHBORHOOD OR
THE SAME CLASS OF ZONING DISTRICT: There could be unique
circumstances;
2. THE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES ARE DUE
TO CIRCUMSTANCES UNIQUE TO THE PROPERTY NOT CREATED BY
THE LANDOWNER: The extraordinary conditions are created by the
landowner;
3. THE VARIANCE IS NECESSARY TO OVERCOME PRACTICAL
DIFFICULTIES IN COMPLYING WITH THE ZONING ORDINANCE SO
THAT THE PROPERTY CAN BE USED IN A REASONABLE MANNER
NOT PERMITTED BY THE ORDINANCE: The granting of this variance
would not appear to be necessary to allow for reasonable use of the
applicant's property;
4. THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE OR MATERIALLY INJURIOUS TO OTHER
PROPERTY IN THE AREA AND WILL NOT ALTER THE ESSENTIAL
CHARACTER OF THE LOCALITY: The granting of this variance request
• could be substantially detrimental to adjacent property owners;
5. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE: The granting of this variance would not be
detrimental to the intent and purpose of the City of Rochester Zoning
Ordinance; and,
6. THE TERMS OF THE VARIANCE ARE CONSISTENT WITH THE
COMPREHENSIVE PLAN: The requested variance are not consistent with
the Comprehensive Plan; and,
WHEREAS, this matter came before the Common Council at its January 22, 2014,
meeting; and,
WHEREAS, at the January 22"d public hearing, the applicant and the Historic Southwest
Neighborhood jointly recommended the granting of the requested variances subject to the
following conditions:
1. The illuminated readerboard sign will be turned off when the gas station is not
open;
2. J Squared may publish and transition up to 12 different messages on the new sign
• per hour;
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• 3. All transitions from one message to the next will be "soft transitions;"
4. J Squared shall not publish any more than three lines of text for any single
message on the sign;
5. There will be no flashing messages;
6. The sign will automatically dim according to the natural ambient light (i.e., dusk and
night); and,
7. The sign may indicate the current time and temperature; and,
WHEREAS, at the January 22nd public meeting, the Council concluded that the Planning
Department's recommended findings of fact were persuasive and were supported by the
information presented to the Council including the jointly-recommended seven conditions of
approval. As such, the Appellant had satisfied the criteria of R.C.O. §60.417 and was, therefore,
entitled to the variances.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the request of J Squared of Winona, LLC, for two variances to
R.C.O. §63.224, subd. 2(L) as part of its effort to add a 21 square foot message center to an
already existing 70 square feet free standing sign for a convenience store located at 205 Sixth
• Street S.W.
BE IT FURTHER RESOLVED that the approval of the requested variances is subject to
the Applicant's compliance with the above seven conditions.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
�
ROCHESTER, MINNESOTA, THIS - a DAYF � 2014.
. PR SIDENT F ID SA COMMON COUNCIL
ATTEST:.
CITY CLERK,
APPROVED THIS DAY OF 2014.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
. Zone 1WarianceRes.1318
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