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HomeMy WebLinkAboutResolution No. 563-05 • RESOLUTION WHEREAS, Winkels Electric (on behalf of Linen-N-Things) applied for a variance from the requirements of R.C.O. Section 63.227 as to the number of wall signs for a business center (Variance #05-26) for property located at 1.212 16th Street S.W. Section 63.227 limits,the total number of wall signs to two per tenant for a business center use; and, WHEREAS, the Planning Department staff recommended findings of fact indicating the installation of a third wall sign at this location does not constitute an exceptional circumstance and is not necessary to ensure adequate or reasonable use of the commercial property. The staff also determined that the installation of a third wall sign would be detrimental to the intent and purpose of the zoning ordinance; 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 Rochester Zoning Board of Appeals at its October 5, 2005, meeting; and, WHEREAS, the Zoning Board of Appeals made the following findings of fact: • 1. EXCEPTIONAL CIRCUMSTANCES: There would not appear to be any exceptional circumstances or conditions that apply to the applicant's property that do not apply generally to other properties within the B-4 General Commercial Zoning District. Because this is a recent amendment to the zoning ordinance (May 2005), there will naturally be many properties throughout the city where former signage standards applied without respect to a limitation on a maximum number of permitted signs. 2. REASONABLE USE: The granting of this variance would not appear to be necessary to allow for reasonable use of the applicant's property. The permitted allowance of two wall signs per tenant would seem to be reasonable to ensure adequate visibility at this location as the applicant is allowed to cover up to 20% of the exterior fagade area at the two desired locations. 3. ABSENCE OF DETRIMENT: It is the opinion of staff that the granting of this request would be detrimental to the spirit and purpose of the City of Rochester Zoning Ordinance and Land Development Manual. The Rochester City Council very recently approved and adopted an amendment on May 2, 2005, to include a provision specifically limiting the total number of wall signs per tenant within business centers to two total wall signs;and, WHEREAS, based on the above findings of fact, the Zoning Board of Appeals denied the variance request; and, • WHEREAS, this matter was appealed to the Common Council and came before the 40Council at its November 7, 2005, meeting; and, WHEREAS, at the November 7th public hearing, the Council considered the information presented to it. in its council agenda packet (attached hereto as Exhibit A) and made the following findings of fact as a result of its review of the criteria stated at Section 60.417: 1. There is an exceptional circumstance that applies to the applicant's property that may not apply generally to other properties in the area. The developer of this property signed a lease for the property on December 28, 2004. At that time, the applicable ordinance would have allowed three wall business signs per tenant within a business center. On May 3, 2005, the applicable ordinance was amended to restrict the number of wall business signs per tenant within a business center to two. Because the developer is from out of town, the developer was unaware of the ordinance change until the summer of 2005 when it applied for sign permits and learned that only two wall signs were permitted for this property. The change in the ordinance without the developer's knowledge is an exceptional circumstance applicable to this property that would otherwise not be applicable to other property. Furthermore, the lack of any development occurring in this previously empty building (the former Econo Foods building) would be aesthetically displeasing to the community. 2. The granting of the variance is necessary to allow the reasonable use of the property. There are at least 40 other businesses in Rochester that have wall signs on three or more elevations to provide proper identification for those businesses. If it is reasonable for those businesses to have wall signs on three or more elevations, then it is only reasonable that Linen-N- Things have wall signs on three elevations. 3. The granting of the variance request does not appear to be materially detrimental to the. public welfare or to other properties in the area. There was no testimony presented at the hearing, other than one email message, from anyone alleging any detriment.from the variance request. 4. The minimum variance that would be necessary to alleviate the alleged hardship would be a variance to Section 63.227(C) of the Rochester Code of'Ordinances so as to allow three wall signs per tenant within a business center at the Linen-N-Things location; 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 Winkels Electric (on behalf of Linen-N-Things) a variance from 2 *he requirements of R.C.O. Section 63.227 as to the number of wall signs per tenant for a usiness center use for property located at 1212 16t" Street S.W., (Variance #05-26) so as to increase the number of permitted wall signs to three. BE IT FURTHER RESOLVED that the appeal brought by Winkels Electric is hereby granted and the October 5, 2005 decision rendered by the Rochester Zoning Board of Appeals is reversed. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 7;21 DAY OF 2005. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CITY CLERK APPROVED THIS E�6) DAY OF 2005. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zo ne05\V a dance Res.0526 • 3 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/7/05 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING DEPARTMENT F__�1 TEM DESCRIPTION: PREPARED BY: Type III,Phase I(#05-05) Appeal of the Type III,Phase I(#05-26) Variance Denial Dave Gross Planner November 2, 2005 Rochester Zoning Board ofAppeals Recommendation: On October 5,2005, the Rochester Zoning Board of Appeals denied the variance request of Winkels Electric on behalf of Linen-N-Things, for the property located at 1212 16t' Street SW. The property is in the B-4 (General Commercial) zoning district. The applicant had requested a variance to allow for the installation of a third wall sign on the west elevation of the recently renovated former Econo Foods building on the property. Under approved Site Development Plan#04-64, the former Econo Foods building was renovated into a multi-tenant business center. The Rochester Zoning Board of Appeals denied the variance request. On May, 2 2005, the City Council adopted a text amendment to Section 63.227 of the City of Rochester Zoning Ordinance and Land Development Manual to include a provision limiting the total number of wall signs to two (2) wall signs per tenant for a business center use. The main intention of the signage text amendment was to provide better clarity and to define certain language as contained within Section 63.227 of the zoning ordinance. It is staff s opinion that the installation of a third wall sign at this location does not constitute an exceptional circumstance and is not necessary to ensure adequate or reasonable use of the commercial property. Further, staff finds that there would be detriment to the intent and purpose of the zoning ordinance by the granting of this request. Council Action Requested: Approve or deny the variance appeal by the applicant based on the original staff report and attachments as submitted to the Rochester Zoning Board of Appeals at their October 5,2005 meeting. Attachments: 1. Copy of Appeal Application and Submitted Attachments. 2. Copy of Staff Submitted Photos of Linen-N-Things Site. 3. Copy of Minutes of the October 5,2005,Rochester Zoning Board of Appeals meeting. 4. Copy of Staff Report and all attachments submitted to the Rochester Zoning Board of Appeals, dated September 28, 2005. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m.on Monday,November 7, 2005,in the Council/Board Chambers at the Government Center,151 SE 4°i Street. J. 'OUNCIL ACTION: Motion by: Second by: to: • 60.760 PROCEDURE AND SCOPE OF REVIEW, PLANNING AND ZONING COMMISSION AND CITY COUNCIL: The zoning administrator, upon receiving the application, shall transmit to the appropriate body a copy of the application along with all documents constituting the appellate record as described in Section 60.761. 60.761 Standard of Review and Appellate Record: Subdivision 1. Unless otherwise provided for by the reviewing body, review of the decision on appeal shall be de novo, but supplanted with the record of the proceedings before the original hearing body. Subd. 2. The reviewing body shall base its decision upon the appellate record. The appellate record shall include: A. A factual report prepared by the zoning administrator; B. The evidence submitted by the appellant and any other person at the previous and appellate public hearings; C. All exhibits, materials, pleadings, memoranda, stipulations and motions submitted by the appellant and any other person at the previous and appellate public hearings; and D. The transcript of the previous hearing if available. Otherwise, a detailed summary of the evidence, but the details need not be set forth verbatim. Subd. 3. Notice of the public hearing shall be mailed to all property owners entitled to receive notice under the requirements applicable to the original permit application. 60.762 Appellate Decision: Subdivision 1. Following the close of the appellate public hearing, the reviewing body may affirm, reverse or modify in whole or in part the determination, requirement or decision that is under review. When the reviewing body modifies or renders a decision that reverses a decision of the zoning administrator or hearing body, the body must set forth its findings and state its reasons for its action. When the reviewing body remands the matter to the original hearing body for such consideration as it deems necessary, it must include a statement explaining the reason for the remand and the action needed. Subd. 2. The reviewing body must,within a reasonable time following the close of the appellate public hearing, adopt its findings of fact, conclusions of law and order. The body must serve a copy of the findings document upon the appellant by mail. TYPE III, PHASE I DEVELOPMENT APPLICATION CITY OF ROCHESTER iThe undersigned hereby makes application for a Type III Development as regulated by Section 60.530 of the City of Rochester Land Development Manual. NAME OF APPLICANT: W,Ae-15 �lc�cT�-L gym^ I;he.A - N-T�,n75 aA.s-r s��P�-r sE ��//2 �G, sue- sc� ADDRESS OF APPLICANT: A c_�e 4er 4 ,ytn �`IaEI K�c� Pi', yy,.� -5�—qoZ TELEPHONE NUMBER: (hpm) so'7-275"4Sis W ,t5 (v�rk) /=773-a419-11gV0 ICs7r'o,+1 �7 oi88-,leK I- uw+'AreLS FAX NUMBER (q-;; C,i7eit5 E-MAIL (IF APPLICABLE) -IS ADDRESS OF PROPERTY/ IF-�jDIFFERENT THAN APPLICANT'S ADDRESS:g oz SIGNATURE OF PROPERTY OWNER: l c-na#17 LEGAL DESCRIPTION: �67_ oo f RoJ oev 4%,444e f,5jb 2 TYPE.DFwx .kPP.LICATIDN ....... .:..:.:.:: . ::..�. ....:.:..........:::: ....T: .e.l.if.Phase.l..;=irtal Plat Ft.::..:......... REASON FOR APPLICATION: (Please describe in detail if applicable) Vof o-q feu-- 02-21- Luos /JpnieJ wo-ld liP_ Elea EZ3)mom ����i e��l - trCl� '�a1/2 S'uh���i�ec� Q�rQr'�-i0✓a / f/I�aioYh�nn DATE: Respectfully Submitted / �- L e�,- ?_5`7-y5_/S �, �►1,�eLS C(�;��C.c s �l��Ti��� l/� 2�s? s7�P- s �� /v�� s 7 - % C Gine•+s- N T�^� s1 (� �r �, l,�a� �� r� I;�ra� - 973-,24G- (Owner or Corporation) (Address) (Phone) Return Application to: Rochester—Olmsted Planning Department 2122 Campus Dr.SE,Suite 100 Rochester, MN 55904 DISTRIBUTION: • Qk�C. Fl B S (7NtY Planning Department:(white copy) Qate RacelveL{ City Clerk:(blue copy) Applicant:cant:(yellow copy) Appt3c :t}c.t�.Fe Form :1920-30 Rev.3102 i:J/2005 07,:15 FAX 18475201543 KIEFFER 002/002 -26-05 I4e13 FROM:LINFI'3 N THINGS IDe9736152SS7 PAGE 2/2 / L I E-- NSmNvTH • Corporate Office Phone: 973.778.1300 Website: www.Int.com, August 24,2005 RECEIVED City of Rochester 201 Fourth Street,SE OCT 14 2005 Rochester,MN 55904 To whom it may ROCHESTER-CL:MSTED y con PLANNING DEPARTMENT , This letter is being submitted to your attention for the purpose of outlining our need to install an illuminated Linens N Things sign on the rear elevation of our upcoming site located at 1212 160s*Street Southwest. There is a prominent reason this sign variance is being requested. Linens N Things enters the Rochester,MN market for the first lime in our company's history and with no brand recognition to our trademarked store name.currently,our closest stores to this new market are as follows: a Burnsville,MN,Distance 75 miles,Travel Time of 1 hour-24 minutes. • Roseville,INN,Distance 84:5 miles,Travel Time-of 1 hour-30 minutes.. Minnetonka,MN,Distance 94 miles,Travel Time of 1 hour-43 minutes, Coon Rapids,MN,Distance 96 miles,Travel Time of 1 hour-47 minutes. Maple Grove,MN,Distance 102 miles,Travel Time of 1 hour-53 Minutes. Quite frankly people may,not know who we are and.what we are-offering for sale within our store.We feel it is imperative to build brand recognition in the most opportune ways available.Based on our experience we are convinced that a combination of on premise advertising(building signage)along with local media advertising is the best way to_convey dur brand name to our new operating market areas. By allowing us to advertise to local traffic along Trurilc Higliway 52,Linens N Things will comfortably - know that our brand is receiving maximum exposure to local traffic. It is our strong belief that this rear sign will allow motorists passing by the back of our store to know that we are doing business at this site. It will also allow motorists the opportunity to exit the highway and visit our 26,739 square foot store. We are convinced that once inside our store they will like what they see. The exclusion of this sign will have the opposite effect and may reduce our ability to bring in customers,which may impact our immediate and long term successes at this site. Currently we do media advertising in the Minneapolis/St.Paul area: In an effort'to help build this brand recognition locally within the Rochester community we plan on advertising in the Rochester Post Bulletin, which according to the City Clerk's office is the predominantly read newspaper in the area. We feat that this two pronged approach to our new market will guarantee long term success for--this Linens NThings store. Again,allowing us to advertise to local traffic along Trunk Highway 52 will maximize our efforts in making our store in Rochester successful. We hope you will find our request reasonable and grant us a favorable response to our variance application Sincerely, • DanicI$ackstrom �,RAx �- S Senior Architectural Project Manager Linens N Things 6 Brighton Road-, Clifton, NJ 070 1 5-51 08 LINENS-N-THINGS • ELEVATION/SIGNAGE SQUARE FOOTAGE EAST ELEVATION is 3424 sq. ft. Sign Ordinance allows signs to cover 20% = 685 sq. ft. Existing sign is only 238 sq. ft. (only 7% of Front Elevation) NORTH ELEVATION is 2700 sq. ft. Sign Ordinance allows sighs to cover 20%=540 sq. ft. Existing sign is only 238 sq. ft. (only 9% of North-Elevation) WEST ELEVATION north ''/z is 2835 sq, ft. and south %Z is 2727 sq. ft. Sign Ordinance allows signs to cover 20% =545 sq. ft. Proposed sign is 123 s. ft. (only 5% of West Elevation) RECEIVED OCT 14 2005 ROCHESTER-OLMSTED ELA NNING DEPARTMENT • LINENS-N-THINGS • SIGN PERMIT TIMELINE 12/28/04 LINENS-N-THINGS signs lease (copy attached) and construction starts shortly after 05/03/05 Sign Ordinance Section 63.227 is changed to include u g g Subsection C, which states. "A total of two (2) wall business signs may be permitted per tenant within a Business Center". 06/04/05 WINKELS ELECTRIC INC. is issued a Purchase Order to apply for sign permits (copy attached). This happened at a normal stage during the project. LINENS-N- THINGS Corporate Office is located in New Jersey and were unaware of the Sign Ordinance change or the permit process simply would have been expedited and applied for before 05/03/05. 06/28/05 WINKELS ELECTRIC INC. applies for sign permits on three (3) elevations. 07/06/05 Sign permits for two (2) elevations are issued. RECEIVED OCT 14 2005 ROCHESTER-OLMSTED .!ANN!NG DEFARTVENT WINKELS�� r October 14, 2005 ELECTRIC Members of the Rochester City Council RE: Type III, Phase I, Variance Request#05-26 WINKELS ELECTRIC INC., on behalf of our customer LINENS-n-THINGS, applied for a variance to allow a third wall sign on their new store at 1212 16th Street SW. The variance was denied by the Zoning Board of Appeals at the October 5"meeting. We are asking you to reconsider their decision. Attached is additional information; -A request direct from LINENS-N-THINGS -Elevation/ Square Footage information which shows the signs installed and proposed are much smaller than what the Sign Ordinance allows -A timeline for application and approval of the sign permits. LINEN-N-THINGS Corporate Office is in New Jersey thus they were unaware of changes being made to the Sign Ordinance LINENS-N-THINGS is determined and considers this proposed sign on the West Elevation very necessary and important. The change in the Sign Ordinance midway through construction, which now limits them to (2) signs, is unfair as they were unaware of the change. Please consider this when making your decision. Thank you. Respectfully submitted 7, �a4(� RECEIVED T//i`m"M. Winkels OCT 14 2005 enclosures ROCHESTER-O!MSTED PLANNNG DEDARTMENT ELECTRICAL CONTRACTORS • SIGNS • LIGHTING DESIGN e SERVICE • INSTALLATION 1 11 21 st ST. S.E. 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':- Page 4 City of Rochester Zoning Board of Appeals Hearing Da te: October 5 2005 alfernatwes for adding an attached garage Th subject property,tloes meet and exceed the mm�mum 1 srze and area tand of 5,500 square feet for the R"3 x ' - { zoning district ' y i x I t S r REASONABLE USE The g nt�ng of this anance request may bye necessary4to ` r allow the applicant reasonab use oft property3 There would seem to exist r few other reasonable alternate s to al w for additional enclosed storage on the s py, et the location'of the prmc�pal structure sub1ectrt g on theme , parcel n. 9 A�SE�lCE OF DETRIMENT altwo d pear that the'granting of this variance � would not be of great�risual . e ent the immediate°adjacent property owner to the south Basetl on aerial p tos of a site, it would appear the adjacent aweIli ng is' setaack approximat y 25 fed rom the aburyng properry line to the south of the subsect property Y hG�iE 5E6:�1@9E��1 �.pf R6 E 9 E The an9 a� E=aEecnce hit, tl l5' n cesSarY to allevoate the alleged hardshsp uld �e`a r�araa to Section 62 242 ®f the FCet of et-r�? �6'w' s��Ee'=E��� �E� L, r� 64�es �C2E�e �..EH� 6a1T' ype Ell, Phase 1, Variance P.eouest V.`�P5-26 by Winkels Electric (for Linens 'n Things) to allow for a variance to exceed the maximum perciiitted number ®f walI • signs per tenant for a business center use. The property address is 1212 16th L .. Street SIN and is located in B-4 (General Commercial) Zoning District. Mr. McGuine opened the public hearing. Mr. Tim Winkel, 1225 7`h Avenue SE, Rochester, MN, of Winkels Electric, representing Linens `n Things, addressed the Board. The applicants would like to be "grandfathered" into the sign ordinance before it was changed in May 2005. The lease and beginning of construction of Linens 'n Things occurred in January/February of 2005, and at that time, the applicants expected to be allowed three signs. The applicants did not apply for the sign permit until after the new Sign Ordinance was adopted. Mr. Ohly asked the applicant if he considered that an exceptional circumstance. Mr. Winkels replied yes. Discussion ensued concerning the ramifications of approving the variance. Mr. Svenby stated that, due to a concern with the number of wail signs a business tenant could have, a Planning Commissioner initiated an amendment to the Ordinance. During the review of the language, it was felt that two signs was a reasonable number • of signs for each tenant in a business center. The City Council then voted on and adopted the Ordinance in May of 2005. He added that the site for Linens `n Things is Page 5 City of Rochester Zoning Board of Appeals Hearing Date:October 5,2005 • not any different than any other business site in town so it should not be considered an exceptional circumstance. Also, the site has two free-standing signs, which is one more .than what is permitted by the Zoning Ordinance. The free-standing signs are permitted because they were existing signs. Mr: McGuine closed the public hearing. Mr ©hly moved to deny variance request#O5 26 based .qn�staff f►nciings Mr Reran seconded the motionTheYmot�on carr� d 3 T tnr�th 111Ir Atkinson abs#aroma nr, z t 4 t , . J� z , 7 x e Lfa IN ?f 0 e t _5 ! z�I NV }t �5�i,.}ss. .r2>r� � C PTlONA�. CIRG MSTI�NQ ; Th€:re wo[ Id nP �pp�ar to Eye a � e�ceptiona� U z cjrcurnstances or cond�t�ons that apply to the applicants' property that do,not 'f alaply generally to other' proprt�es w�th�n thezB 4 General Corrlrnnrceal Zoricngs IEtrac# Becesehes c a ;eoent acrencl' ent t€� the �on�hgror �t�anb (Erfay 2gg5�, hers Ewe l n'atcarall Ibe as�� P-a�e�Pes tl�rou�l�oe�t the city `��hef�,,ffie�sog}ha���ar°' r of lei . s il -?, f J standards appliedc,�cthot respect to3a I�tnatation on a rnax6rraum ne�n-aber of 4 - 1 RFD SELS TAG �ra �n t� nr nee �o� oe � � , r " r a . neap t�s' Gl�r 'for uset �rp �� s'� rrc�f� ne » r � erg ; �llo���ance ofio AA-if gs �9�^ atolc =ee to lie rsc�rs �fie t01 �� rP F x • �d-:qua, e` "t�flsf locdt��c�, �� tE�e�ppl�ca�t ps all���vp�d tc�`c��rer t�P to 2Q�Jo�� arNF ea z#Ahe NIO desireE.,EacataOns � T.i xh --s? s 2 :E !i :£ r 4E 4 _f grew*r d aeS g.i �,M Z ,rt k. P .nit t r �aJ x �1 a w f t r F b `a'L'x z -4 ,trvgnx cs r 1a%' y ar Rf`a.A " g.k ti. 't)<t�.fit�, s ,� fe �sf ��ou� �eetr� n#al tie speret aidurpaef ttae �� r' - Zon�ngOrdmance and Land Development Manua! The Rochester City Council' £ t 'i L very}recentlyYappr ved anEd atloptecl an amenarnen# on May 2; 20`05, o includesa t+ prov�s�on spec�fcallyyl�mit�ng the fiotal number of wall jzjgns heir tenant Xv�then E�us�ness c�r�#er=,tQ two �2 � !v�rall Cogs ._., :' �3 w , Type Ill, Pha ! Variance Request #05-27 by Curt ShellA to allow for the construction of a. -ttached garage addition that iA,,!1Lg<croach into the minimum required side and froNovard least vviath. The rjr2lr—rtv address is 1116 1 Oth Street SW and is located in the a Mixed Single m" ily Overlay) Zoning District. Ear. McGuine opened the public rbe-', Mr. Curt Shellum, 907 111h Streel/V, Roc ter, MN, addressed the board. He stated that one neighbor, who was d" ied a similar re est, is the only one opposed to the request. Mr. Gross mentionletvvo items that were not included in taff report. One was a • Public Works referral comment that driveway modifications be proved separately. ROCHESTER-OLMSTED PLANNING DEPARTMENT oF.gOCHESTER:MIN�� 2122 Campus Drive SE, Suite 100•Rochester, MN 55904-4744 ��:•' �o COUNTY OF www.olmstedcounty.com/planning o�AGRA TED•AUGUS't•5•p� TO: Rochester Zoning Board of Appeals FROM: Dave Gross, Planner i DATE: September 28, 2005 RE: Variance (Type III,Phase I)#05-26 Request Hearing Date: October 5, 2005 Planning Department Review: APPLICANT: Winkels Electric 111 21"Street SE Rochester, MN 55904 Linen N' Things 121-2 16`h Street SW Rochester, MN 55902 LOCATION OF PROPERTY: 1212 16"' Street SW Rochester,MN 55902 DESCRIPTION OF PROPERTY: Lot 1,Block 1, Apache Mall Shopping Center Resubdivision 2nd ZONING: B-4 (General Commercial) Zoning District REFERRAL AGENCY COMMENTS: 1. MnDOT 2. Rochester Public Utilities (Water) 3. Rochester Public Works ANALYSIS: The applicant is seeking a variance in order to install a third wall sign on one of two locations; either the northwest or the west elevation of the existing building located at 1212 16`b Street SW (former Econo Foods building across from Apache Mall). Rochester Building Safety records indicate that existing wall sign permits were issued for two (2) wall signs for the Linen N' Things tenant; one on the east elevation (facing the main • parking area) and one the north elevation (directly across from Apache Mall facing 16th BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 =rn.aa.w PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 h .e• AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER • Street SW). Both of the previously issued signs fully comply with the Section 63.227 of the LDM with regards to size requirements, as both signs are approximately two hundred thirty-eight (238) square feet in area. This approved business center was recently renovated into a multi-tenant, business center use (via approved Site Development Plan#04-64) containing two newly occupied tenants,Linen N' Things and World Market. No proposed elevation drawings were submitted for the proposed signage affiliated with this variance request, but the applicant does indicate in the submitted application that they are fully aware that they must confirm with all size restrictions contained within Section 63.227 should this request be granted. A recent amendment to the zoning ordinance formally adopted by the City Council on May 2, 2005 to Section 63.227 pertaining to business centers included a provision limiting the total number of wall signs to two (2) wall signs per tenant within a business center(see below). The main intention of the signage text amendment was to better clarify and define much of the language within Section 63.227 of the zoning ordinance. Prior to the amendment, several references were made throughout the zoning ordinance to "facade" with no clear definition, which now through the adopted amendment, are more direct and clear. 63.227 Business Centers: Subdivision 1. With the exception of uses in the B-5 Residential Commercial Zoning District, each individual tenant within a business • center is permitted one wall business sign per primary facade not to exceed 20% of the area of the facade and meeting the requirements of the zoning district and Section 63.225. One wall business sign per secondary facade is permitted not to exceed 20% of the area of the facade and meeting the following requirements: A. Wall signs are not permitted on secondary walls that face a residential zoning district unless separated by an existing expressway or freeway according to the adopted Thoroughfare Plan; B. The wall sign must face and be visible from a commercial collector or higher level street or the parking lot serving the business center; and C A tota l of two wall'business signs may be,permitted per tenant within a busy"ness center The applicant requests: • a variance to Section 63.227(C) of the City of Rochester Zoning Ordinance and Land Development Manual to allow for (3) wall signs per tenant within a business center. The Planning staff suggested findings are: • EXCEPTIONAL CIRCUMSTANCES: There would not appear to be any exceptional circumstances or conditions that apply to the applicants' property that due not apply generally to other properties within the B-4 General Commercial Zoning District. Because this is a recent amendment to the zoning ordinance (May 2005), there will naturally be many properties throughout the city where former signage standards applied without respect to a limitation on a maximum number of permitted signs. REASONABLE USE: The granting of this variance would not appear to be necessary to allow for reasonable use of the applicants' property. The permitted allowance of two (2) wall signs per tenant would seem to be reasonable to ensure adequate visibility at this location, as the applicant is allowed to cover up to 20% of the exterior facade area at the two desired locations. ABSENCE OF DETRIMENT: It is the opinion of staff that the granting of this request would be detrimental to the spirit and purpose of the City of Rochester Zoning Ordinance and Land Development Manual. The Rochester City Council very recently approved and adopted an amendment on May 2, 2005 to include a provision specifically limiting the total number of wall signs per tenant within business centers to two (2) total wall signs. MINIMUM VARIANCE: The minimum variance that would be necessary to alleviate the alleged hardship would be a variance to Section 63.227(C) regarding the maximum number of wall signs per tenant within a business center use. This finding would not pertain in the case of denial. Attachments: 1. Copy of Application 2. Copy of Applicant's Proposed Site Plan/Sign Locations 3. Copy of Site Location Map 4. Copy of Locations of Existing Sign Permits/Locations 5. Copy of Referral Agency Comments 6. Copy of Findings for a Variance Reviewed by: • TYPE fl,r;'PHASE I DEVELOPMENTAPPLI(,,-,TION CITY OF ROCHESTER • ThID undersigned hereby makes application for a Type III Development as regulated by Section 60.530 of the ,City of Rochester Land Development Manual. NAME OF APPLICANT: t'or jir4 e-hs f-J Tin S 1 I I 21577 SE /ZIZ !(a TO s?✓Pe UZ ADDRESS OF APPLICANT: TELEPHONE NUMBER: (J 5"07- 5-67 uj m�c 1S 1-973—Pyq -yy116 so7 AB�S - y8L1/. W;nK-eiS 'rn Ct9,`�ICz/slev��c�Co, FAX NUMBER (�j3 ) 8/S-�5�,7 Li�ehS E-MAIL (IFAPPLICABLE) ADDRESS OF,PROPERTY IF DIFFERENT THAN APPLICANT'S ADDRESS: . I z/z 167�1 ST 5 SIGNATURE OF PROPERTY OWNER: �i1�'� '�` � � . /t✓� -?-- +C�� ir��, P-� , l LEGAL DESCRIPTION: LoT oo Do / '4pALhe Mal( SACP r-e-0?f Z � TYPE OFAPPLICATION t 4 (Please check approprrat- b) • 1 d k i ems.. ❑ Type III phase I Coridrtional Use s TypeI11 Phase f Appeal r ❑'�lFype 111 Phase !Final`Plat r " 15 ''7+' S'", k*a' SDPd�No & Names s k �� Phase x A -P Y "•3 r x:.. zv yk�L- > x a e x a 1 3 ❑s'm Othery �i`va s i'E' ., ky ^ks. t' w. , { 4 nQ REASON FOR APPLICATION: (Please describe in detail if applicable) e 1-1 c'm 2 2 of —l7� J2e can ��i d e g l aim of ,7 5i;LS Pew cyv'e �e�J s7`i o I�o,�r'anc� -J-e� S1I z"i See &_7''erS Foy /ilore d�%a,'1 DATE: Res ectfully Submitted. ) f r /M L[J­2 Cr/ii3 Z�IS z/CL�i L %l/ 'o?/S7 .S7,e e J S't 4c N es47P-, /YIn LP I' 1A es�t'�-T/�� / �r-t clLJ,-v 'l r7- 4,-jj. /Ji 07D jZ 973-z4q-444c (Owner or Corporation) (Address 5 (Phone) Return Application to: Rochester—Olmsted Planning Department 2122 Cam um_Ia, SE.Suite 100 Rochester, MN 55 C E I ED DISTRIBUTION: SE P 1 6 2005 FOR OFFICE uSE O VYY Tanning Department: (white copy) Dafe Recetyed "�City Clerk: (cana.ry copy) Applicant: RGCHESTER-OL`ASTE� Rece!ved PP (pink --Copy PLANNING DEFARTN"FtiT YAppl!cat!orz Fee����-`'- k Form#:1920-30 Rev.2/6/04 `" ¢. W1NKELS ,,, - .' .°y September 16, 2005 ELECTRIC ROCHESTER/OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100 Rochester MN 55904 RE: Signage of LINEN-N-THINGS RECEIVED 1212 16TH Street SW,Rochester MN SEP 16 2005 LROCHESTER-OLMSTEDTO Whom It May COrice111, UNNING DEpgaTMENDTJ WINKELS ELECTRIC INC. is applying for a Type III, Phase I Variance on behalf of our customer LINENS-N-THINGS, to allow a third wall sign on the west elevation of their building located at 1212 16" Street SW. This property is classified as a Business Center. The recently amended Section 63.227 of the Rochester Code of Ordinances only allows two wall signs per tenant in a business center. There is no exception or consideration for business locations that require more than two signs to properly identify their building. At this location, the storefront(primary facade) does not face either of the two main streets that pass the building, instead it faces the parking lot. To properly identify the building on all elevations visible to heavy traffic, it is necessary to have a third wall sign. Havingwall signs on more that two elevations because of a articular location is not uncommon. The g p following is a list of businesses who have wall signs on 3 or more elevations to provide proper identification of the building because three or more elevations face a parking lot or major street; SEARS FAZOLI'S OUTBACK STEAKHOUSE CLEMENTS KRISPY KREME FIRESTONE APACHE BEST BUY TGI FRIDAYS SPRINGHILL SUITES DISCOUNT TIRE KUEHN MOTORS WENDYS SOUTH MARSHAL FIELDS ADAMSON MOTORS ARBYS NORTH PAWN AMERICA CARLOS O'KELLYS ARBYS SOUTH SCRUBS &BEYOND JC PENNEYS CHIPOTLE SOUTH SNAPPY STOP NORTH MACARONI GRILL CULVERS SOUTH SNAPPY STOP SOUTH RADISSON HOTEL MOBILE I LUBE EXPRESS ELECTRICAL CONTRACTORS • SIGNS • LIGHTING DESIGN • SERVICE • INSTALLATION 1 11 21 st ST. S.E. ROCHESTER, MINNESOTA 55904 Ph (507)288-4515 Fax (507)288-0934 pg 2 cont. PAPA JOHNS HWY 52 N KWIK TRIP CIVIC CENTER DRIVE SUBWAY HWY 52 N MCDONALDS NORTH BROADWAY QUIZNOS HWY 52 N HOLLYWOOD VIDEO 37"H STREET NW WENDYS HWY 52 N WELLS FARGO 16TH STREET SW MCDONALDS HWY 52 N EXTENDED STAYAMERICA NORTH APPLEBEES HWY 52 N EXTENDED STAYAMERICA SOUTH ANDYS LIQUOR NW TACO BELL/PIZZA HUT HWY 52 N HOME FEDERAL SAVINGS BANK CROSSROADS HOME FEDERAL SAVINGS BANK CIVIC CENTER DRIVE We realize that many of these locations may not be considered Business Centers, but why isn't a business in a Business Center allowed the same exposure when needed? Again, Section 63.227 of Rochester Code of Ordinances does not take this into consideration. The time and money spent for this application shows how important proper identification of the building is to LINENS-N-THINGS and would like this application decided upon with some type of reason and the wording of the recently amended Section 63.227 of the Rochester Code of Ordinances • reconsidered. Enclosed is a site plan showing the two allowed wall signs and the proposed location of the third wall sign, a letter from LINENS-N-THINGS and a letter of approval from the property owner. Respectfully submitted, Tim M. Winkels RECEIVE.Df SEP 1 6 2005 ROCHESTER•OLMSTED P!:".NN1N^v D=PARTV2NT SEP-12-2005'17:11'From:TRUE NORTH INVEST 9525452994 To:507 288 0934 • P.2/2, SEP-12-2005 05 :02 PM != IKELS ELECTRIC 507''"44841 ►'- ez NKELS e4ELEaRIC True North Investments LLC 5353 Garnble Drive 919/05 Minneapolis,MN 55416 Attn Kriss Novak Re: Linens-N-ThingslWorld Market 1212 161h Street SW Rochester, MN Kriss, Linens-N-Things&World Market have asked me to apply for a variance from the City of Rochester to allow them a third wall sign on the West elevation of the building(Hwy 52 side).This would be(1) additional wall sign with both names on it. Since True North Investments LLC is the owner of the building,I would-like to include this Setter of approval with my application. At this time we are only looking for your approval to add a wall Sign on the West elevation. It is understood that we will still need to have you approve the size of the sign and the exact placement of the sign when and if the city issues the variance. II • Yes I do approve of an additional wall Sign on the West elevation as described above. True North Investments LLC(property owner) Kriss ovals Sig�Ane Date gEcEIVED Sincerely, SEP 1 G 2005 RLPNNIN ER-AR M EN1 TED p�pNNING D=F Tim M Winkole Winkels Electric Inc ,o ELECTRICAL CONTRACTORS SIGNS a LIGHITING DESIGN * SERVICE P INSTALLATION 111 210 ST. S.E. ROCHESTER, MINNESOTA 55904 Rh (507)288-4515 Fax (507)288-0934 SITE LOCATION MAP City Variance #2005-26 by Winkels Electric for Linen N' Things 1212 16th Street SW, Rochester MN 55902 ;x -/E D�l f 1rTmE E 1 PL ' r f , / �GREEN�! Cpft51N -1'-'- FFM E ; L-- YGT - TtJDOR CT-SVV- t':atcEvi - - " f r f � � f .ice-`' • ' TO G CT - �_ = --��• ��:`���;� I I I I I l l l i i l i i IIII / / MIS 19 �- •�,.:. •��s=o?��`,�. II I I I IIII IIII � � r�dra�r.. s_anrox= � ! I I I II II III ����: • r, I = =� III I I i I I I III "°'°� / �.� .:l.1:f�• 1� •�.= I I IIII I I I � usls�, ���' Sys'!"'�•:n�,•/','•-.°�. m U l l ! III ► 111 1 11 1 1 111 11 F ��c,�� �.' `' � MIS 1z smd.00" l Tr .02, .J 13 Ls;,rn mrv) from S/ �4 jo ;u0 EDE �z w w �_ �W � W �- ' N O Q n V w U)i z =z �/� o //`J b bW�✓d� Lal�a1�1.S �. (,( ��s II m cU,r s�K3 I , r?-sSLS 7/z1 N ., 3� letenes of 'S,,...... The applicant helt~uy a�t�.,ts t.o the accuracy and comp k 7 ' s mes responsibility for tt,e correct placement of the structure upon the. properly as shown grid approved by this. permit." w Applicants Signature Date • sm-a• � ROCHESTER-OLPASTE WING DE FARTM 9 gp s7Aploaan Gv1itTB ENT ea 43-31jr f1� 111t NA Illuminated cis Appvd. (__JJ a(doMyttr Sol ? i REF. ; 8460,96 p ��t 37 6S zlam./ -- ED o ing Ad i injstr for - — LJ jai r•�t a w� �, i y_:��,,,�,,,r..u._ � _ 't �' �.,_._§ � ��,-��._...E �{^�� (t'+�� 1� I + pppp(^�'.—. . 1 .1 . VD.( NTT tP r F6*ti iw ' r ! s — r This approval shall.not be construed as a certificate or determination by the Building S T O R E F R ® MT ELEVATION Safety Dept that these plans comply with all requirements of the Building Codes ant, �,diiqam-.es el`: y try r 3 Cale:3/32'=1 0` ' �►��-s- - ' '-' ,ontractm9 a y eni is responsible fo meeting all code,ordinance and statute requirements. Shruld deviations subsequently be determined or discovered,the owns, and/or contracting agent will be required to rnaji e neCessary Gotrectlons,altercation.$P'.;. xC � T��k4 rEmuAccaan: iiAFhS•7F t IGS ute t� '%^t_ ��y _' '%= toe.rror. Far111151•Aetl.chr.AM r " ------------�\" 1'9e ��3.F;i.9d7-•:.� stCccF1, ,s cnGuu;vtF i� y�R�".�.(y�ii� I �:<"'{ ��.s3"d k i r--..- tEilflnlr.Q �•••u.rs Kt.a r-s: n t 1 { �9 slstr..et.mu taeo-.,nsoot L3 s A 5 1'.27 t tNnSV,isitttse nss tu:tnrtsts tstt 1 SQ F7- MAX ?�o / pro Post-c 5 ign 3•19 ' x S,S" = Z3'F-/0 SO F7- N40a " x PAWS W-2 00 Dde lb PleC L4T PAt�9F - 5 (ao- h � s 1 Ig _ NORTH B U I WLPpl to the accuracy end completeness of ff SCOIe: ^responsibility for the correct placement of the structure upon the pioperty as shown and approved by�this (pee iL' q I AppllcanPs Signature`/� '✓" '� Date Nor i�l ��y�%lost f00�x a '. 070p . ROCHESTER`-O MSTED PLANNING DEPARTMENT //)a7[ Si,9ii fiteA = 20(o of C700 = 5)?o So F7- Appvd.-- 7 As': (date) �r 5,5 vi S S x y3 3 = ?s'7./s So FT Permit No.. APP DV�ASTEE�D, ...,AR•mink� or BYru.f .. This proposal assumes there will be adequate 120 V. electrical power This appproval shallnolbeconstruedasacelilicateordeterm""'nbytheBuliding at sign location for Us t0 hookup to calety Oept,that these plans complyvAth zll.raquirements of the Fluildmg Codes and at time of install. Making a separate ttdlnancesotI"cityoifiochesterandzppli;ableStztebws.TheQwnernd/or aonhzciing agent I5 responsible for meeting 51t code,ordinance and statute trip to hookup,will be an extra charge requirements,shouldd"asonasubeequentlybedeterminedordiscovered,ihsoevner aAd/ot cantracling agent will be required(o mzke necessary roneGiens,zlterations or � � Note: This is an original unpublished piece of art I CLIENT World Market work created by "NOBLE SIGN CO. INC.". It is not to REVISIONS ?DATE' 5/ig/2005 be shown to an ADDRESS 1200 161h Street SW !S§TASBURY JR INC. yone outside your organization, nor is + iSCALE 1l8'-2'0' it to be used, reproduced, copied or exhibited in any I CITY/STATE Aochesler MA. fashion without written authorization from NOBLE SIGN; SHEET NO.2gq-2 r ,,r.a • _ 1: �.. __ CUSTOMER e Garness Jennifer From: Debra Persoon-Bement[Debbie.Persoon@dot.state.mn.us] Sent: Thursday, September 22,2005 6:55 AM To: Planning Referrals Cc: Garness Jennifer; Chris Moates; Fred Sandal Subject: No Significant Impacts Mn/DOT understands all signage will be maintained within "Linen N' Things" property limits and there will be no encroachments on Mn/DOT right of way. With this understanding this proposal will have no significant impacts to Mn/DOT's roadways and is acceptable with Mn/DOT. Type III, Phase I, Variance Request#05-26 by Winkels Electric (for Linen N' Things) to allow for a variance to exceed the maximum permitted number of wall signs per tenant for a business center use. The property address is 1212 16th Street SW and is located in B-4 (General Commercial) Zoning District. Thank You - Debbie Debbie Persoon-Bement, Transportation Specialist Minnesota Department of Transportation 2900 48th Street NW Rochester, MN 55901-5848 Phone: (507) 281-7777 Fax: 507-285-7279 • i we pledge, rve deliver i September 23, 2005 Rochester-Olmsted CONSOLIDATED PLANNING DEPARTMENT 2122 Campus Drive SE Rochester, MN 55904-7996 REFERENCE: Type III, Phase I, Variance Request#05-26 by Winkels Electric (for Linen N' Things) to allow for a variance to exceed the maximum permitted number of wall signs per tenant for a business center use. The property is located at 1212 16th St. SW. Dear Ms Gayness: Our review of the referenced Variance Request is complete and we have no objections. Please contact us at 507-280-1500 if you have questions. Y Very truly yours, • Donn Richardson Water C: Doug Rovang, RPU Mike Engle, RPU Mark Baker, City Public Works Vance Swisher, Fire Prevention Rochester Public Utilities,4000 East River Road NE,Rochester,Minnesota 55906-2813 telephone 507-280-1540 facsimile 507-280-1542 vagelott Garness Jennifer From: Baker, Mark[mbaker@ci.rochester.mn.us] Sent: Monday, September 26, 2005 8:56 AM To: Planning Referrals Subject: Referral Comments:VAR#05-26 (NO COMMENT) PW has no comment on this request Mark E. Baker Land Development Specialist Rochester Public Works (507)287-2114 • 9/26/2005 - According to-Section 60.417lin the City of Rochester Zoning Ordinance and Land Development Manual, in+taking action on a variance request, the Board of Appeals shall make findings supporting the decision based on the following guidelines: 60.417 Findings for Variances: In taking action on a variance request, the approval authority shall make findings supporting the decision based on the following guidelines: 1) The approval authority may grant a variance to the provisions of this ordinance if it finds that: a) 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; b) the variance is necessary to permit the reasonable use of the property involved; c) the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with.the general purpose and intent of this ordinance; and d)* the variance as granted is the minimum necessary to provide reasonable economic use of the property. The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. In addition, the approval authority shall find that development of the parcel in . question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the. total site in a manner consistent with the provisions of this ordinance. 2) The Board may grant a variance to the literal provisions of this ordinance if it finds that: a) there has been substantial and detrimental reliance in good faith by an applicant who has received a permit or certificate issued in error by the administrative official charged with enforcement of this ordinance, and b) the mistaken issuance of the certificate or permit is not the result of an action on the,part of the applicant, the property owner, or any other person or party who has had control of the property, to provide misleading or incorrect information, or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request. 3) The Board shall under no circumstances grant a variance that will allow a use otherwise not permitted within the zoning district or any variance of the elevation or levels for flood protection. 4) In granting a variance, the zoning administrator or the Board may impose such reasonable and appropriate conditions and safeguards as may be necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to reduce or minimize potentially injurious effects of the variance upon adjoining properties, the character of the neighborhood, and the health, safety, or general welfare of the community. A variance and any conditions and safeguards which were made a part of the terms under which the variance was granted are binding upon the applicant and any subsequent purchaser, heir, or assign of the property, and any violation of a variance or its conditions and safeguards shall be a violation of this ordinance and punishable as such. RIPLANDATAIWORDDATA\DMISECTION 60.4I0 RANDOLMDOC -