Agenda - Council - 06/22/1999 - Laserfiche WebLink

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:l I I I I i I I I I I I I I I CASE REQUEST FOR A CONDITIONAL USE PERMIT (CUP) TO EXCEED SIGN SIZE AND HEIGHT RESTRICTIONS; CASE OF DOLPHIN REAL ESTATE/BURGER KING By: Zoning Administrator Sylvia Frolik Background: On May 17, 1999, the City received an application from Dolphin Real Estate Partnership to exceed the sign size and height restrictions for the new Burger King restaurant in the B-3 Highway Business District on Highway #10. The following items are enclosed for your information: a) Site location map b) Sign plan c) Draft Planning Commission minutes dated 06-01-99 d) Proposed findings of fact e) Proposed conditional use permit Notification: State statute requires notification of the public hearing to property owners within 350 feet of the subject property. Staff attempted to notify property owners within 500 feet of the subject property. Observations: In the commercial and industrial districts, the City Code restricts the ground or freestanding sign ' size to 100 square feet (200 square feet aggregate surface area). Sign heights are restricted to 25 feet from grade to top of sign. Burger King is proposing a freestanding sign that includes a 144 square foot franchise logo and a 45 square foot reader board, for a total of 189 square feet. The sign height is proposed to be 35 feet. The Planning Commission conducted a public hearing on June I regarding the request. There were no verbal or written comments submitted. However, the Applicant did make a slide presentation of other signs in the Highway #10 corridor. In his presentation he noted signs that appeared to be larger than 100 square feet and taller than 35 feet. The visual presentation also identified a clutter problem in the corridor due to trees, signs and power lines, that would obscure visibility of the Burger King sign as you travel west on Hwy. #10. Subsequent to the Planning Commission meeting, Staff did meet with the Applicant to review some of the permits issued for other signs in the Hwy. #10 corridor. The records indicate the following square footages on freestanding signs: Holiday R.V.- 100; Holiday Stationstore - 91 (however, they received a c.u.p, in 1988 for an additional 31 square feet to accommodate a reader board but when they revamped their signage in 1994, they decreased the freestanding sign to 91 square feet); Lano Equipment - 100; Amoco - received a c.u.p, for 125 to accommodate a reader board; Diamonds Sports Bar - 100; Comfort Suites - 93; Anoka-Ramsey Sports Center - received a c.u.p, for 300. This is not to say there aren't some lawful, and most likely unlawful, non-conforming signs still in use along the corridor. However, development along the highway