HomeMy WebLinkAboutResolution No. 031-04 67� s
• RESOLUTION
WHEREAS, Carpenter & Torgerson II, LLC, applied for two variances from the
requirements of the Rochester Code of Ordinances as to setback and sign regulations otherwise
applicable to its Restricted/Incentive Development proposal to construct a 117-room, five-story
hotel at the corner of Second Street S.W., and 13th Avenue S.W. (Variance #03-26); and,
WHEREAS, Section 60.417 of the Rochester Code of Ordinances provides the criteria by
which a variance request is analyzed; and,
WHEREAS, this matter came before the Council at its January 5, 2004, meeting; and,
WHEREAS, at the January 5th public hearing, the Council made the following findings of
fact as a result of its review of the criteria stated at Section 60.417 concerning the first variance
request (a variance of 15 feet to the setback along Second Street S.W., to allow the building
setback of 15 feet along Second Street S.W.):
1) There would appear to be extraordinary circumstance or conditions that
would apply to this property that would. not apply generally to other
properties in the area. The majority of the commercial development along
this portion of 2nd Street SW is already built right up to the right-of-way of
• 2nd Street SW;
2) The granting of this variance may be necessary to permit a reasonable
use of the property. By moving the setback closer to 2nd Street SW the
setback increases along 1st Street SW and creates more green space
adjacent to the residential neighborhood;
3) The granting of this variance request will not be materially detrimental to
the public welfare or to other property in the area. Other• recent
development along 2 ndStreet SW constructed right up to the right-of-way
of 2 ndStreet SW;
4) The minimum variance that would be necessary to alleviate the alleged
hardship would be a variance to building setback along 2nd Street SW to
allow a setback of 15 feet along 2nd Street SW; and,
•
WHEREAS, at the January 5th public hearing, the Council made the following findings of
41fact as a result of its review of the criteria stated at Section 60.417 concerning the second
variance request (a variance of 358.50 square feet to the amount of wall signage permitted on
the building to allow a total of 426 square feet of wall signage on the building):
1) There are extraordinary circumstances or conditions that apply to this
property that would not apply generally to other properties in the area.
The building will be the largest building (other than St. Mary's Hospital) on
Second Street S.W., in this vicinity. In order for the entire "Courtyard by
Marriott" phrase to be visible and readable, large signs would be required.
The proposal is for three signs to appear on three sides of the tower
portion of the building. The signs will take up only 1.5 percent of the total
wall area. There is no free-standing sign;
2) .The granting of this variance would be necessary to permit a reasonable
use of the property. The current sign ordinance does not distinguish
between large and small buildings. Sign requirements may differ between
large and small buildings. It is important for the business feasibility of the
proposed hotel for the "Courtyard by Marriott" phrase to be readable and
visible to the traveling public;
3) The granting of this variance request will not be materially detrimental to
the public welfare and to other property in the area if 426 square feet of
wall signage is permitted for the building. Another hotel project approved
in the area has far less wall signage but, there is no evidence the
applicant of that project sought any variance from the sign limitations.
This hotel's proposed three signs on three sides of the tower structure of
the hotel constitute only 1.5 percent of the total wall area. There was no
evidence presented at the public hearing showing any detriment or harm
to the public welfare or adjacent property owners should the request
variance be granted;
4) The minimum variance that would be necessary to alleviate the alleged
hardship would be a variance to the amount of wall signage to allow 426
square feet of wall signs; and,
WHEREAS, based upon its findings of fact, the Council concluded that the Applicant has
satisfied the criteria provided by Section 60.417 and, as such, is entitled to the requested
variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City grant to Carpenter & Torgerson II, LLC a variance from the requirements
of the Rochester Code of Ordinances with respect to the setback and sign regulations otherwise
applicable to its Restricted/Incentive Development proposal to construct a 117-room, five-story
hotel at the corner of Second Street S.W., and 13th Avenue S.W. (Variance #03-26).
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF LZG� , 2004.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: J
ITY CLERK
APPROVED' THIS DAY OF 2004.
MAYOR OF SAID CITY '
(Sea! of the City of
Rochester, Minnesota)
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