HomeMy WebLinkAbout3 - Report Sign Variance
To: Planning Commission
From: Justin Fortney, City Planner
Date: November 26, 2018
Item: Variance – Nonconforming Sign Height and Size for Relocation
Planning Commission Action Requested
Review and make a recommendation to the City Council on the proposed variance.
Background
The existing sign was installed about 14 years ago, prior to the existing codes now limiting
signs to a height of six (or nine feet tall with a decorative base) and 50 Sq Ft of sign area.
The sign is grandfathered as a legal nonconforming sign and may continue to be operated
and have the sign faces switched out. The existing sign is 17’ tall and 100 Sq Ft in size.
The Department of Transportation recently made intersection improvements to the area
which located a signal light pole in front of the south side of the sign. The new location of
this signal pole obstructs the view of the sign to northbound traffic. The applicants are
proposing to relocate the existing sign 100’ to the north with no other changes. This will
make the sign more legible by removing it from the cluttered intersection.
Nonconforming signs cannot be relocated unless they are granted a variance from their
nonconformities, which in this instance are sign height and face size. The existing sign would
require an 11’ height variance and 50 Sq Ft size variance to be relocated.
Comprehensive Plan Classification
The 2030 Comprehensive Plan designates the property as Commercial.
Zoning Classification
The property is zoned C-3 Community Regional Commerce, the following land uses abut the
property:
Planning Commission Memorandum
Direction Existing Use Zoning Comp Plan
North Office/ Residential Commercial Commercial
East CVS Commercial Commercial
South Holiday Commercial Commercial
West Residential Medium Density Res Medium Density Res
Existing Condition
The parcel is 1.82 acres and developed with a connivance store with fuel sales and holds a
valid Special Use Permit for a carwash. The existing sign is located on private property just
outside the sight triangle of the intersection corner.
Variance review
Below is a list of variance requirements that must be satisfied prior to approval of a variance
with the findings summarized below each item:
• Evidence that practical difficulties in complying with the regulations exist
o Leaving the sign in place does not allow for northbound visibility.
o Requiring an existing sign in good condition to be replaced to reattain legibility
due to recent actions beyond their control would pose practical difficulties.
• Circumstances relating to these difficulties may not have been created by the
landowner.
o The sign was visible when installed to code by the property owner. The
Minnesota Department of Transportation recently obscured the visibility of the
sign with installation a new light signal this past summer.
• The variance may not alter the essential character of the locality
o The character of the area will remain unchanged, the existing sign will not be
modified other than its location which will still be along the same Vermillion
Street frontage.
o There are other similarly sized nonconforming sings in the area.
Notification
Immediate neighbors were notified of the request and no comments have been received.
Recommended Action:
Staff recommends approval of the variance, subject to the following conditions:
1) Conformance with the Planning Commission Staff Report and plans dated November 26,
2018.
2) Approval is subject to a one year Sunset Clause; if progress on the proposal is
not made within one year of City Council approval, the approval is null and void.
Attachments:
• Site plan
• Photographs
• Application
2015 Street Photo