HomeMy WebLinkAboutResolution No. 040-17 - WSU.AppealofZoningBoardof Appeals.WallSignageVariance
RESOLUTION
WHEREAS, Winona State University (“Applicant”) applied for a variance (#R2016-
006VAR) to allow wall signage for the building located at 400 Broadway Avenue South to exceed
the maximum area of 350 square feet for wall signs in the CDC-FR zoning district. The applicant
proposed additional wall signage of 268 square feet that, when added to the 290 square feet of
wall signage that currently exists on this building, exceeds the 350 square foot maximum by 208
square feet; and,
WHEREAS, the specific variance requested is a variance to sign standard “C” of R.C.O.
§63.225, to allow an additional 208 square feet of wall signage for the building located at 400
Broadway Avenue South. The maximum wall signage permitted by standard “C” of R.C.O.
§63.225 is 350 square feet. Applicant seeks to have 558 square feet of wall signage for this
building; 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 variances 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 not appear to be unique
circumstances or conditions that apply to the applicant’s property that do
not apply to other lands within the neighborhood or the same class of
zoning district. Any large building in the CDC-FR zoning district that could
accommodate multiple tenants would be subject to the same cumulative
signage standards;
2. THE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES ARE DUE
TO CIRCUMSTANCES UNIQUE TO THE PROPERTY NOT CREATED BY
THE LANDOWNER: The extraordinary conditions or circumstances are
not due to circumstances unique to the property not created by the
landowner. The existing wall signage on the building does count towards
the maximum allowed of 350 square feet, however even if there was no
existing wall signage on the building, the applicant’s request would
exceed the allowed amount by approximately 193 square feet;
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 does
not appear to be necessary to overcome practical difficulties in complying
with the zoning ordinance to allow for the property to be used in a
reasonable manner not permitted by the ordinance. The existing wall
signage for the building does not appear to meet the maximum allowed
wall signage of 350 square feet. The applicant can propose a smaller
amount of wall signage to remain within the 350 square feet requirement;
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
materially detrimental to the public welfare or materially injurious to other
properties in the area, and will not alter the essential character of the
locality. The essential character of the Central Business District - Fringe
Area zoning district allows for a high density of commercial uses with
most sign standards types of “C” or “D” which allows for more signage
than areas outside the Central Business District;
5. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE: The granting of this variance is not in
harmony with the general purpose and intent of the Rochester Zoning
Ordinance. The purpose and intent of Section 63.225 of the Rochester
Zoning Ordinance is to limit the amount of signage by sign type
depending on the use of the building. Section 63.225 is clear in that
graphics signs are permitted as a portion of each wall. Section 63.224
Subd. 1 (B) of the Rochester Zoning Ordinance states that the total area
of all signs of a given sign type shall not exceed the maximum area for
that sign type listed in the table in Section 63.225. The permitted wall
signage for the building is cumulative for the building, not for each tenant
or use;
6. THE TERMS OF THE VARIANCE ARE CONSISTENT WITH THE
COMPREHENSIVE PLAN: The terms of the variance are generally
consistent with the City’s current Comprehensive Plan, which does not
address allowed wall signage
; and,
WHEREAS, the Applicant applied the criteria found in R.C.O. §60.417 to the requested
variances and made the findings of fact that appear in the attachment; and,
WHEREAS, this matter came before the Zoning Board of Appeals at its December 7, 2016,
meeting at which time the Board denied the requested variance based upon the Planning
Department’s recommended findings of fact; and,
WHEREAS, the Applicant appealed the Zoning Board of Appeals’ decision to the Common
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Council; and,
WHEREAS, this matter came before the Common Council at its January 18, 2017, meeting;
and,
th
WHEREAS, the record before the Common Council at its January 18 meeting includes the
information found within the Council meeting agenda packet, the presentations made during the
public hearing, the City’s ordinances, the Applicant’s attachment, and the City’s Comprehensive
Plan including the Land Use Plan for the Rochester Urban Service Area. All of these documents
are on file with the City Clerk and are incorporated herein by reference; and,
th
WHEREAS, at its January 18 meeting, the Council concluded that the Applicant had
satisfied the criteria of R.C.O. §60.417 based upon the Applicant’s recommended findings of fact
as described in the attachment, and was, therefore, entitled to the variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that the Applicant has satisfied the criteria of R.C.O. §60.417 and is entitled to the requested
variance of 208 square feet from the 350 square foot maximum as to the amount of wall signage
that may appear on the building located at 400 Broadway Avenue South.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2017.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Zone15\\VarianceRes.1606
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