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Home My WebLink About[05a] Sign Variance, McDonaldsCity of St. Joseph IN RE: FINDINGS OF FACT Application of McDonalds AND DECISION Variance Request – Sign Height Exceed 15 feet in height St. Joseph Code of Ordinances 52.32.11 FINDINGS OF FACT On December 2, 2013 the St. Joseph Planning Commission conducted a public hearing to consider the application of McDonalds to consider a twenty foot variance on the maximum height of a business sign. The property is located at 1180 Elm Street E and the matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby established the following facts as it relates to the request of McDonalds for a twenty foot variance. 1.The property for which variance is requested is located adjacent to CR 75, and zoned B2 Highway Business. 2.St. Code of Ordinance 52.32 subd. 11 (b) [5] limits the size of a business sign to 15 feet in height. 3.In addition to the typical setback of a commercial parcel, the property for which variance is requested includes an additional 100 foot setback due to the Wobegon Trail. 4.Granting of a variance is controlled by MN Statute 462.357 and requires the applicant to meet ALL the following criteria: a.The proposed use is allowed in the Zoning District in which the subject property is located. b.The proposed use is in harmony with the general purposes and intent of the official controls. c.The variance must be consistent with the comprehensive plan. d.The variance may be granted IF there are practical difficulties in complying with the official control. i.The property owner proposes to use the property in a reasonable manner. ii.The plight of the landowner is due to the circumstances unique to the property and not created by the landowner. iii.The variance, if granted, will not alter the essential character of the locality. iv.The need for variance involves more than economic considerations. DECISION AND CONCLUSION 1.A sign is a permitted use in the B2 Highway Business Zoning District. 2.An inventory of the existing signs in the area indicates that the sign height is within the range of signs in the same geographical area, in harmony with the existing signs. 3.The property for which variance is requested is located within Planning District 13 of the St. Joseph Comprehensive Plan which states: The majority of this district has been classified as an area of stability. Therefore, land use priorities focus on maintaining existing commercial uses and residential neighborhoods through protection from encroachment by potentially incompatible uses, protection of deterioration through strict code enforcement, and protection of the public’s investment in streets and utilities through routine maintenance with reconstruction as needed. 4.With regard to the practical difficulties in complying with the official control: a. The property across the street from the property under consideration only has to meet a setback requirement of 50 feet. b. The additional 100 foot setback due to the Wobegon Trail, and trees planted along the trail, limit the visibility of the business; therefore additional height in signage is needed. c. The property owner has limited the height of the sign to the smallest variance possible to be effective for their business. 5.The City has a current moratorium on illuminated signs and the proposed sign includes illumination for on premise advertising. The illuminated portion of the sign cannot be completed until the sign moratorium has been lifited. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for a 20 foot variance on the height of a sign has been granted pursuant to the terms and conditions aforementioned. Adopted this day of , 2014 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Judy Weyrens, Administrator Extract of December 2, 2103 Planning Commission Meeting Variance – McDonalds Public Hearing, Variance Request: Chair Rieke opened the public hearing to which Weyrens stated the purpose of the public hearing is to consider a twenty-five (25) foot variance on the maximum height of a sign and to allow a pylon sign. St. Joseph Code of Ordinances 52.32 Subd. 11(b)[5] states: The maximum height of a business sign shall be fifteen (15) feet in height; and section 52.32 Subd.(d) states: Advertising or pylon signs shall not be permitted. The variance is being requested to allow the construction of a sign 40 feet in height. The property for which the variance is being sought is located at 1180 Elm St E; legally described as Lot 001 of ST. JOSEPH PROFESSIONAL PLAT P/O LOT 1 BLK 1 LYING SLY OF FDL:COM NE COR-SE ALG E LN 248’99 TO POB-S89D W 181.78’ TO W LN & TERM. nd The request for variance has been submitted by McDonalds; 1650 W 82 St, Bloomington, MN 55431. Valerie Silva, 1180 Elm St E: Silva approached the Commission and spoke in support of the McDonalds sign, adding that it is important to their business. Silva believes this McDonald’s location is suffering due to the lack of visibility. They are trying to grow the business; however their sales are way down. th Lynn Valek, 116 13 Ave SE: Valek approached the Commission opposing the variance request. Valek stated that she is opposed to the sign as she feels it is too large. She added that the ordinance currently in place is there and fits the needs of the businesses that are currently in town. Valek stated that if this sign is cleared, then what would stop other businesses from wanting the same size signs. She does not want St. Joseph to look like a freeway and would like to retain the quaintness of the City. She adds that the 40ft sign would detract from the area. She would like the Council to deny the sign. Valek is happy that McDonalds came to town, but doesn’t think a larger sign would be advantageous for the City. Nancy Ebel, 29457 Kiwi Ct : Ebel approached the Commission stating she did some research on signage and found a study that looked at twenty US cities with various levels of controls on signs. She found that those cities that had more control on signs had a lower poverty rate and lower percentage of vacant homes. Cities that had fewer regulations on signs experienced the opposite with higher poverty rates and higher percentages of vacant homes. Ebel feels that having the large McDonalds sign will negatively affect the values of homes. Ebel stated that it would be an unfair playing field if the variance request was granted or it would open up Pandora’s Box for anyone to put up a 40ft sign. She would like the City Council and Planning Commission to think about the residents of the City of St. Joseph. Would we want St. Joe to be a place we want to stay or a place we want to get out of? th Tom Conyers, 828 17 Ave S, St. Cloud: Conyers approached the Commission on behalf of Indigo Signs which is a full service commercial sign company that just moved into the area. They have served the area for 7 years with a location in Sauk Rapids that was opened in April. Conyers stated that in every growing city there will be a corridor of businesses. He added that the land is zoned as commercial and the speed of traffic when entering the vicinity is higher. He feels that pylon signs should be allowed along the highway. From a signage standpoint, he believes it makes sense having people know there is a McDonalds up ahead rather than slamming on their breaks at the intersection. Valek responded that the other business nearby are located without having 40ft. signs. She feels that there are numerous businesses that comply with City Ordinances and they are doing just fine. Valek added that the community is growing just fine without that type of signage. Joseph Silva, 1180 Elm St E: Silva approached the Commission stating that the reason a 40ft sign was chosen was due to a tree line that would obstruct the original 30ft sign request. He added that there are Subway has a rather high pylon sign, but they are requesting a 35 ft monument sign. The sign is not going to be as bright as what people think and does not believe it would affect the residents across the street. The current sign that is in place would just be lifted up. Ebel posed the question to the Council: Would we rather want to see a tree line or a McDonald’s sign when we look out of our windows? Valek added that there have to be alternative ways of advertising without putting up a 40ft sign. Rieke closed the hearing and opened up discussion. Dullinger questioned the depth of the sign as it could present a traffic visibility issue. Weyrens stated that this property is unusual as typically property that abuts CR 75 only has the County setback; however, in Extract of December 2, 2103 Planning Commission Meeting Variance – McDonalds this case there is an additional 100 feet for the rail right of way. In addition, the ROW is lined with trees, creating a visibility issue for McDonalds. Schaefer asked what the heights of the other signs in the area were. Weyrens stated that she is uncertain, but the bank sign is slightly over 20 feet and further west the signs are much taller, such as the ones at BP and subway. Schaefer commented that the trees along the trail will continue to grow. The tree line was the reason for the 40ft variance request. Cobb stated that there are already signs that have been approved that are at the 30-35ft level. He feels that the request conforms to the future corridor on 75 and leaning towards approval of the sign. Schultz made a motion to recommend the City Council grant a 20 foot variance to McDonlads, 1180 Elm St E., accepting the finds of fact. The motion was seconded by Cobb. Aye: Rieke, Schultz, Cobb, Schaefer Nay: Killam, Dullinger Motion Carried 4:2:0 Discussion: Dullinger stated that she is having trouble with the size of the sign. She feels that the variance request is out of character for that area of town. Cobb added that this item will also be reviewed by the City Council on December 19th. This page intentionally left blank I •w�.cop► c��r oF sT. 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