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Home My WebLink AboutVA93-08 Crown Coco Variance 11t7~ w.M-M PIDi 25-902-045-0 ~.u OF PRIOR LAKE APPLICATION FOR VARIAtCE Applicant: E-Z Stop Crown CoCo Inc. Address: 16735 Franklin Trail S E P'&""'J:'o:.:rty Owner: Crown CoCo Inc. Address: 319 Ulysses St NE Minneapolis, MN 55413 Type of Omership: Fee XX Contract Consultant/Contractor: Bame Phone: 447-5408 liJrk Phone: 331-9344 Bane Poone: liJrk Phone: Purchase Agreement Phone: Existing Use of Property: Convenience store with gasoline Present Zoning: B-3 Legal Description of Variance Site: See attached survey Variance Requested: 8 foot setback variance to accomodate installation of flat fascia wrap around perimeter of existin2 canopv. Has the a:pplica.nt previously sought to plat, rezone, obtain a variance or corXiitional use pennit on the subject site or any part of it? XX Yes !i) What was requested: Variance to allow existing signage to remain When: Feb 1992 Disposition: Variance reQuest denied Describe the type of improvements p,&,,,!:,,,,,sed: Install vertical flat fascia around the perimeter of existing canopy. O':lUawlISSION rtq.IluREMENl'S: (A)Caupleted ag;>lication fonn. (B)Filing fee. (C) Property &1rvey indicating the proposed developnent in relation to property lines and/or ordinary-hign-water mark: proposed building elevations and drainage plan. (D) Certified fran abstract finn, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Cauplete legal description & P.&....,t'Cirty Identification RmiJer (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 18-20'-50' showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY aJnJLB'rE APPLICATIONS 9fALL BE Auwt.ri.W AND RE.VIuvw BY "i."w:, PLANNIR; <n!MISSION. To the best of IIrf knowledge the infonnation presented on this fonn is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirEments for variance procedures. I agree ~rovn'de. . o~tion follow the procedures as outlined in the Ordinance. / , ~~ Applicants Signature ~7!::!siZ!e~~. SDnitted this day of 19_ THIS SPACE IS 'lO BE FILLID OUT BY .I.~ PLANNIR; DIlU:A..~vR PLANNIR; aMUSSION X lu-.t'l'Il.NED U~"J.W L/ - ) 5 - 93 Dt\TE OF HFARIR; \...u.1 COtJN:IL APPEAL kl:'NNED DENIED IlM'E OF HEARIm CDN.Jn.J.O~: R( Frwrl--1/cu,j) t/CUU~h (ja??61l1 ({~. rlJ (l~(47.,f/J_ ...f/t)Ih J)'PS &lnvz1~:r{;y ?/"'*7 /r/lnu tbu 7- J S. '1 < w';;' Jiw I1M~R -? ert~~ ' !.{}</~", i fTiU<;-htrn ~ .<J~../Y~IrI-Jvjf.e./C!U/.) 7SP -1./}~f '':17'.'' I (J<J . ~ ~ ~ c:i!.eo r7~ ~ L4e.tl. IA ~~b-qA 4-/~-9'=? Signature of the Planning Di.&......Lor Date (/1193-03' VARIANCE CHECK LIST "VARFM" SUBJECT SITE: --L? '57ZJP - /(0 7,3~ APPLICANT: (ttZJ)L/h ~) ;?..,e). \..n~CK SCHEDULE HEARING DATE: DNR NOTICE IF SHORELAND: PREPARE AREA MAP: APPLICANT NOTICE: PROPERTY OWNERS NOTICE: NOTICE TO DOUG - ENGINEERING NOTIFY 'OTHERS: ~Scott County Watershed District COMMISSION AGENDA PA\..~TS: Staff Memo Application Form Copy of Public Notice STAFF ACTIVITIES MAIL COPY OF APPLICATION AND REQUIRED CONDITIONS TO APPLICANT: MAIL COpy OF APPLICATION AND CONDITIONS TO DNR: GIVE COPY OF APPLlCAITON AND CONDITIONS TO BLD. INSPECTOR ASSIGN FILE NUMBER: AMEND VARIANCE SUMMARY SHEET: ADD PE~IT TO PROPERTY MGMT: FILE BY: File I: Legal: FILE SHOULD CONTAIN: VA Staff Memo Original Application Copy of Notice to OWners Planning C...__. Minutes Other Information V-. A//A ............... Ill/If- . . v ~ V / Applicant: Address: .fi::ttn~/;/) T/r? J - L , DATE TASK COMPLETEQ 4-/)4~ 7:'a:J ~ MNDOT Other Applicable Maps Copy of Parcel Info. Other Applicable Info. )//dD 4 - ;)0 1/# 9~--Oi J-f,.2d Lf~ )0 Applicable Maps and Documents Copy of Public Notice Correspondence Council Minutes if Applicable EJ:Qo ~ ~(/J/le fl'[P:r!xf9 1 '- -- I ~ / / / /0';6-=:>, / / \ / /'.// // 1;/ ',' r ..' . ,~. -\ 1 , , '~ ~ / t. i L-' )j / ..) /- j, ;: / II /;1/ " 1( ',"' r v{ L '11 \ ii --/;;1ftJ b ?:? '> -IS'DO ell J{ul €I :,,~ . \V?,qlh?;9j) f;jJ MIJ.. ~ 9, '5Z-t ifJ \\ \\\ 100 sP (}1JJ)) 51Q;v1 \\\ . \ \\ 2- -tV#! I 51 C( yt-V III ~ \ \\ \ \\ III \\\ \~\ I fr .a:s1ffr1 DJNr:,- 61 wJ 7'5 J/> \\\ 3il' lliqh \1 \. II ,'I . fiLml~.1J . / AJ-McdI 6/d J /iJv (J()l~~/{P ~Yr?n v... \ \ \ III I II 'II \~. 1. _. #1 5,) I/J wrdI 511(11:J~ W f ~\ J/g J/J [lKl/1'''1 WJP' ~ ~.. l rdJlU'J -h !Aclff ;Jun Y1 ~. i L/ ~ ~ - 'I ~ e \r II. diJ - J-It- S(dIJ /1L 'J e~ ~\>\\.!,.,",. 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Ll'l . q? r:/r:"jIL ./-!!/!!!.~?~~/vO, ... tt' P U9tJ ./U11 U4ftfrlJ1~1~g&Jj,nv-e-l~~/~ If~-=-GjJ9c<<-c& ~'J JI1/b CUf?1(/fY!o/~U fC);2(/!/(~ ...~._~.. .flu .ly- i' (MI { 5L6;vfl i-J LR9-tdltAA:.Lc.zt- -!nV fuo Il1afJ~~L(;<~(52_P) ~ ~d~ Uf /u ..~ - j~~4Ivcz.fl/ 51tfJ? ~G/2l/r~ tA/ &r~~l ~~/~- ~ o/P MY1 5'hvv /"eC(fYc.4 "l ~cJ~ ~l ~~ -oy ~ ~cI/~ ?~- l-t~ CV? d - Jj( ~ ~ ~r~. >d ~ dub, 5~ ~ - 11~9'c/ S/q/L-/' - ... 01. q, LO)1)1E~ ~ELSC~~ 1800 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 LAW FIR -M Lommen, Nelson. Cole & Slageberg. P.A. Southside Office Plaza, Suite 2A 1810 Crestview Drive Hudson, WI 54016 (612) 339-8131 Minnesota WATS (BOO) 752-4297 FAX (612) 339-8064 Stephen C. Rathke Attorney at Law Minneapolis Office (715) 386-8217 Twin City Line (612) 436-8085 FAX (715) 386-8219 (612) 336-9305 June 24, 1993 Bradley J. Gunn, Esq. LEONARD, STREET AND DEINARD Suite 2300 150 South Fifth St Minneapolis MN 55402 RE: Crown CoCo, Inc. v. City of Prior Lake Your File No. 03078-14926 Our File No. P53846-2 Dear Brad: Enclosed is the original and two executed copies of the Stipulation. You need to get your client's signature and inform them that they should proceed with their work. Very truly yours, LOMMEN, NELSON, COLE & STAGEBERG, P.A. ~~ Stephen C. Rathke SCR: jrw Enclosure cc wjenclosure: Ms. Deb Garross :.. .'. ~(Q)~W STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Case Type: Declaratory Judgment - - - - - - - - - - - - - - Crown CoCo, Inc., a Minnesota corporation, Court File No. 92-07436 Plaintiff, vs. STIPULATION 01' SETTLJD.aA...I..... AND ORDER City of Prior Lake, a Minnesota municipal corporation, Defendant. - - - - - - - - - - - - - - STIPULATION 01' SBTTLEMENT. Plaintiff Crown Coco, Inc. ("Crown") and defendant city of Prior Lake (the "City"), by and through their respective counsel, hereby stipulate and agree as follows: WHEREAS, Crown and the city are presently engaged in a dispute pertaining to the signage at crown's EZ stop station in Prior Lake, Minnesota; and WHEREAS, Crown commenced the above-captioned action in an effort to resolve this dispute and to determine the. parties e respective rights in connection with the signage at the EZ stop station; and WHEREAS, the city's interests in this case include bringing the signage into compliance with the current sign ordinance, No. 83-5, and providing for the public safety and welfare; and WHEREAS, Crown's interests in this case include the fair and equal enforcement of the sign Ordinance against both Crown and its competitors; and WHEREAS, the City has represented to Crown that the wall signs at the Amoco station and the Tom Thumb property, along Highway 13 in Prior Lake, are in compliance with the City's Sign Ordinance, and that under said Ordinance the setback requirements for freestanding signs are measured from the base of the sign pole or post, and not from the sign itself; and WHEREAS, the parties therefore desire to settle and resolve their current dispute pursuant to the terms of this. stipulation; NOW, THEREFORE, the parties hereby stipulate and agree as follows: 1. Crown will remove the freestanding "Kerr-McGee" sign entirely from the premises, and will remove the existing freestanding "EZ stop" sign and replace it with a new freestanding sign that complies with the City'S setback and size requirements. 2. Crown will replace or upgrade its old canopy with a new 21-foot by 51-foot canopy with wraparound fascia, with an a-foot variance from the City'S 50-foot setback requirement (as measured from Highway 13), pursuant to the permits and variance granted by the City on or about April 15, 1993. 3. Crown will make all reasonable efforts to complete the work described in paragraphs "1" and "2" by July 15, 1993. In the event that Crown is not able to complete the work by that date, Crown may apply for a reasonable extension, and it will make a good-faith effort to complete the work as quickly as reasonably possible. Crown's signage shall in any event be brought into compliance by September 1, 1993. 4. Upon receipt of a written complaint from Crown, the City will take all reasonable steps available to it to investigate and 2 . , bring into compliance with its Sign Ordinance the allegedly unlawful and nonconforming freestanding signs at the Tom Thumb property, the Mobil station, and the Super Valu store. 5. Crown's action contesting the removal of the "Kerr- McGee" sign and the downsizing and relocation of the "EZ stop" sign shall be dismissed with prejudice, with each side to bear its own costs and expenses. Dated this day of June 1993. CROWN COCO, INC. By Its Bradley J. Gunn (#132238) LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION Attorneys at Law suite 2300 150 South Fifth street Minneapolis, Minnesota 55402 Telephone: (612) 335-1500 ATTORNEYS FOR PLAINTIFF CROWN COCO, INC. CITY OF PRIOR LAKE BY~~' 4.,.L../~ Its / ~ By 1,~d~ Its. 0 .. V- I -t"..-- 3 stephen C. Rathke (#89771) LOMMEN, NELSON, COLE & STAGEBERG, P.A. 1800 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Telephone: (612) 336-9305 ATTORNEYS FOR DEFENDANT CITY OF PRIOR LAKE ORDER Upon all of the files1 records: and proceedings herein, and the Court being fully advised in the premises, IT IS HEREBY ORDERED, that Crown will remove the freestanding "Kerr-McGee" sign entirely from the premises, and will remove the existing freestanding "EZ stop" sign and replace it with a new freestanding sign that complies with the city's setback and size requirements. IT IS FURTHER ORDERED, that Crown will replace or upgrade its old canopy with a new 21-foot by 51-foot canopy with wraparound fascia, with an 8-foot variance from the City's 50-foot setback requirement (as measured from Highway 13), pursuant to the permits and variance granted by the City on or about April 15, 1993. IT IS FURTHER ORDERED, that Crown will make all reasonable efforts to complete the work described in paragraphs "1" and "2" by July 15, 1993. In the event that Crown is not able to complete the work by that date, Crown may apply for a reasonable extension, and it will make a good-faith effort to complete the work as quickly as reasonably possible. Crown's signage shall in any event be brought into compliance by September 1, 1993. 4 .I '. . IT IS FURTHER ORDERED, that upon receipt of a written complaint from Crown, the City will take all reasonable steps available to it to investigate and bring into compliance with its Sign Ordinance the allegedly unlawful and nonconforming freestanding signs at the Tom Thumb property, the Mobil station, and the Super Valu store. IT IS FURTHER ORDERED, that Crown's action contesting the removal of the "Kerr-McGee" sign and the downsizing and relocation of the "EZ stop" sign shall be dismissed with prejudice, with each side to bear its own costs and expenses. Dated: , 1993. BY "J:11l!; COURT: Jean Ann Davis Judge of District Court IG\CAOWNCOCO\PRIORLAKE\SETTLEMENT.STP 5 PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 3 stormwater management, Prior Lake is the fee owner, fences are no longer used as they are more of a hazard than a help, and the outlot would be dedicated to the city. In the matter of traffic, it has been found that when the Police were asked to patrol the area which complained on a traffic problem, it turned out to be the neighbors themselves that were issued citations for the violations. Deb Garross reported on future County Road 42 access, and that the sUbdivision meets Prior Lake's ordinance requirements. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO RECOMMEND TO THE CITY COUNCIL, APPROVAL OF THE HIDDEN VIEW PRELIMINARY PLAT CONTINGENT UPON: A) ACCEPTABLE UTILITY AND DRAINAGE EASEMENTS SHOWN ON THE FINAL PLAT. B) ACCEPTABLE WETLAND DELINEATION REPORT AND ACCEPTABLE WETLAND REPLACEMENT PLAN, IF NECESSARY. C) ACCEPTABLE STORM WATER MANAGEMENT PLAN, INCLUDING GRADING AND SITE CONSTRUCTION PLANS. D) ACCEPTABLE PLANS FOR SANITARY SEWER, WATERMAIN, AND STREET IMPROVEMENTS. E) ACCEPTABLE STORM WATER DRAINAGE CALCULATIONS TO MAINTAIN A PRE-DEVELOPMENT RUNOFF RATE LEAVING THE SITE. F) THE POND BE DEDICATED TO THE CITY AS AN OUTLOT. RATIONALE BEING THAT THE SUBDIVISION FULFILLS THE REQUIREMENTS AS SETFORTH IN SECTION 6-3-2 OF THE SUBDIVISION ORDINANCE 87-10 AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN WHICH IS CURRENTLY IN PLACE. Vote taken signified ayes by Arnold, Greenfield, Roseth, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE PUBLIC HEARING. Vote taken signified ayes by Arnold, Roseth. MOTION CARRIED. The public P.M. A recess was called at 9:00 P.M. at 9:02 P.M. ITEM II - DISCUSS FORMAT SCHEDULE OF DATES FOR PLANNING DISTRICT NEIGHBORHOOD MEETINGS Greenfield, Loftus, and hearing adjourned at 9:00 The meeting was reconvened commissioner Greenfield suggested time slot of Other Business - c, date as commissioner Wuellner agreeable with the Commissioners. ITEM III - CROWN COCO VARIANCE David Miller. represented Crown CoCo of 319 Ulysses Street Minneapolis, MN. Mr. Miller stated he is requesting an variance to accommodate installation of flat fascia wrap that Item II be placed in the and Item c be moved to a future was not present. This was N.E. , 8 foot around PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 4 the perimeter of an existing canopy. Mr. Miller also stated that at the same time an effort will be made to resolve a sign problem by removing the building sign, an existing freestanding sign and install a free standing sign and wall signs that meet the City's code requirements. Assistant City Planner Deb Garross, presented the information as per memo of April 15, 1993. The variance application from Crown CoCo is requesting an 8' front yard variance from S.T.H. 13 right-of-way in order to install new fascia on an existing canopy to a 12' X 51' rectangular shape. The existing cano~y is located at a non-conforming front yard setback. The Zon1ng Ordinance requires a minimum 50' setback form S.T.H. 13 right-of-way. The City is currently involved in litigation with Crown CoCo Inc., regarding the Prior Lake Sign Ordinance and its application to the E-Z stop site. Staff required that a sign plan be submitted with the application as the canopy upgrade includes the installation of two signs on the new fascia. Scott County records indicate that the site was developed in 1963 under the jurisdiction of Spring Lake Township and annexed into Prior Lake in 1973. Precedent has been set in the past with a 7' variance for Amoco and a 17' front yard variance to Holiday. The proposed upgrade will not encroach further into the setback than the existing canopy, but will continue the existing wall. Recommendation from Staff is to approve the 8' front yard variance from S.T.H.l3 right-of-way subject to the condition that all signage be brought into compliance with the Prior Lake Si~n Ordinance and a compliance date should be established, 1n addition, the lawsuit against the City relative to the sign issue be dismissed, and that the freestanding sign not exceed 75 square feet. Hardship is present as listed in the staff report of April 15, 1993. Comments from the Commissioners were on, strength of the fascia construction, compliance date, single pole vs two pole sign design, lawsuit be dismissed, and area would be improved. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT AN EIGHT (8) FOOT FRONT YARD VARIANCE FROM S.T.H. 13 RIGHT-OF-WAY TO E-Z STOP SUBJECT TO THE FOLLOWING CONDITIONS: THAT ALL SIGNAGE BE BROUGHT INTO COMPLIANCE WITH THE PRIOR LAKE SIGN ORDINANCE; COMPLIANCE BE IN 90 DAYS; DISMISSAL OF THE LAWSUIT AGAINST THE CITY OF PRIOR LAKE; THE FREESTANDING SIGN BE NO LARGER THAN 75 SQUARE FEET; LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PRECLUDE THE UPGRADE OF THE EXISTING CANOPY AND RESULT IN UNDUE HARDSHIP TO THE PROPERTY; THE APPLICATION IS TO RENOVATE AN EXISTING CANOPY WHICH REQUIRES THE EXTENSION OF A LEGAL-NONCONFORMING SETBACK, THE RENOVATION WILL NOT CAUSE FURTHER ENCROACHMENT INTO THE REQUIRED FRONT YARD SETBACK; THE HARDSHIP IS CAUSED BY PROVISIONS OF THE ORDINANCE AND IS NOT THE RESULT OF ACTIONS OF PERSONS PRESENTLY HAVING AN INTEREST IN THE PROPERTY; THE HARDSHIP IS NOT THE RESULT OF THE APPLICANT NOR THE CITY OF PRIOR LAKE BUT RATHER PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 5 RESULTS DUE TO THE APPLICATION OF CURRENT ZONING STANDARDS TO A SITE WHICH WAS DEVELOPED UNDER THE JURISDICTION OF SPRING LAKE TOWNSHIP; THE VARIANCE OBSERVES THE SPIRIT AND INTENT OF THIS ORDINANCE, PRODUCES SUBSTANTIAL JUSTICE AND IS NOT CONTRARY TO THE PUBLIC INTEREST; THE VARIANCE APPLICATION IS SIMILAR TO OTHER SETBACK VARIANCES WHICH HAVE BEEN GRANTED FOR CANOPY CONSTRUCTION ADJACENT TO S.T.H. 13, THE RENOVATION WILL NOT ENCROACH CLOSER TO THE REQUIRED SETBACK THAN THE EXISTING STRUCTURE, THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY AND WOULD PRODUCE SUBSTANTIAL JUSTICE. commissioner Greenfield suggested a recommendation to the applicant that a single pole construction be considered. Vote taken signified ayes by Loftus, Arnold, Greenfield, and Roseth. MOTION CARRIED. ITEM IV - PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT FOR THE WILDS The Public Hearing was called to order at 9:30 P.M. The public was in attendance and a sign-up sheet was circulated. Mike Morley 2800 wilds Parkway, Project Manager for The Wilds, presented the application from Prior Lake Development L.P. "The Wilds", requesting an amendment to the comprehensive Plan and Land Use Plan to allow the construction of a golf course, clubhouse,. 2 hotels, 2 restaurants, convenience store, village shopping center and residential housing. Expert golf architects were em~loyed to design the ~olf course. The wilds is consistent with Pr10r Lake's Comprehens1ve Land Plan. There is also ample capacity in all Prior Lake's systems for the utilities, for the project, and The Wilds presents no metro im~act. Present status for The wilds is as follows; the Comprehens1ve Land Plan has been applied for, the PUD has been submitted to the City of Prior Lake, the preliminary plat has been submitted to the City and the EAW is complete. Horst Graser, Director of Planning, presented the information as per memo of April 15, 1993. Mr. Graser stated the amendment to be considered is: 1. To add 580.4 acres of land (The Wilds) to the year 2000 Prior Lake Urban Service Area (P.L.U.S.A.). 2. To remove 280 acres of the existing year 2000 P.L.U.S.A. 3. To amend the land use com~onent of the Comprehensive Land Use Plan and to change the eX1sting land use designation of the 580.4 acres site from agricultural and natural open space to low density residential and commercial land use. 4. To amend the land use plan of the comprehensive change the existing land use designation of the "Land Exchange" site from industrial and low residential to agricultural land use. plan to 280 acre density "VA08PC" PLANNING REPORT AGENDA ITEM: SUBJECT: APPLICANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: #3 CONSIDER VARIANCE APPLICATION FOR CROWN COCO DAVID MILLER E-Z STOP, 16735 FRANKLIN TRAIL DEB GARROSS, ASSISTANT CITY PLANNER YES X NO APRIL 15, 1993 HISTORY/BACKGROUND: The Planning Department received a variance application from Crown CoCo Inc., requesting an 8' front yard variance from S.T.H. 13 right-of-way in order to install new fascia on an existing canopy. The City is currently involved in litigation with Crown CoCo Inc., regarding the Prior Lake Sign Ordinance and its application to the E-Z stop site. In addition to the variance request, the applicant has submitted a proposed sign plan for the site. The processing of variance and building permits for the site have been on hold due to the ongoing litigation. It is the request of the applicant that an 8' front yard variance be granted in order to upgrade the existing canoPf. Staff required that a sign ~lan be submitted with the appl~cation because the canopy upgrade lncludes the installation of two signs on the new fascia. PREVIOUS PROPOSALS: See attached City Council agenda March 16, 1992 for reference history related to this site. DISCUSSION: The proposal is to upgrade the canopy from its existing state to a l2' x 5l' rectangular shape. The proposal is to install flat fascia wrap around the perimeter of the existing canopy which is located 42' from S.T.H. 13 right-of-way. See attached sheets for reference to the proposal. report from Deb Garross, dated to previous proposals and the The existing canopy is located at a non-conforming front yard setback. The Zoning Ordinance requires a minimum 50' setback from S.T.H. 13 right-of-way. Scott County records indicate that the site was developed in 1963, under the jurisdiction of Spring Lake Township. The site was annexed to the City of Prior Lake in 1973. Staff reviewed this proposal in the context of other applications where variances were granted to allow the continuation of a 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER legal-nonconforming setback and variances granted for canopy construction adjacent to S.T.H. 13. The proposed upgrade will not encroach further into the setback than the existing canopy, but will continue the existing wall. There is precedence to grant some degree of variance from S.T.H. 13 setback requirements. The planning commission granted a 7' variance from S.T.H. 13 right-of-way for Amoco on February 1, 1988 to permit construction of a canopy. Holiday was ~ranted a 17' front yard variance in 1980 which allowed construct1on of a canopy 33' from S.T.H. 13 right-of-way. See attached minutes for reference to each variance granted. ALTERNATIVES: 1. Grant the 8' front yard variance as requested. 2. continue or table the item for specific reasons. 3. Deny the application based upon uni9Ue findings of fact related to lack of hardship as identif1ed by the Prior Lake Zoning Ordinance. RECOMMENDATION: The recommendation from staff is to approve the 8' front yard variance from S.T.H. 13 right-of-way subject to the condition that all signage be brought into compliance with the Prior Lake Sign Ordinance. The applicant submitted a sign plan dated March 27, 1993 that outlines the removal, relocation and installation of new signage for the site. Staff is concerned that sign plan item 5, indicates that the total square footage of the freestanding sign will be 75 feet, yet the drawing submitted at 3/8" = l' scale indicates a total of 106 square feet of sign area. The Planning Commission should clearly state that a condition of variance approval be that all signage be brought into compliance with the Prior Lake sign Ordinance. HARDSHIP CONSIDERATIONS: I. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. Literal enforcement of the Ordinance would preclude the upgrade of the existing canopy and result in undue hardship to the property. 2. Such unnecessary hardship results because of circumstances unique to the property. The application is to renovate an existing canopy requires the extension of a legal-nonconforming setback. renovation will not cause further encroachment into required front yard setback. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. which The the The hardship is not the result of the applicant nor City of Prior Lake but rather results due to the application of current zonin9 standards to a site which was developed under the jurisdict10n of Spring Lake Township. 4. The variance observes the spirit and intent Ordinance, produces substantial justice and is not to the public interest. of this contrary The variance application is similar variances which have been granted for adjacent to S.T.H. 13. The renovation closer to the required setback than the The variance would not be detrimental welfare of the community and would justice. to other setback canopy construction will not encroach existing structure. to the health and produce substantial ~.~ ~NE~. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 8 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER VARIANCE APPEAL FOR CROWN COCO, INC., MARCH 16, 1992 The Planning Commission held a hearin~ on February 20, 1992 to consider a var1ance application for Prior Lake EZ stop. The representative for EZ stop is Mr. David Miller of Crown CoCo, Inc. The applicant requested the Planning Commission to approve the following variances: An ei~ht foot front yard variance from S.T.H. 13 r1ght-of-way: a twenty-one square foot sign area variance to allow continued display of a ninety-six square foot, freestanding sign and a request for variance from Sign Ordinance 83-5, Section 5-7-4B3 to allow two freestanding signs on the site where only one freestanding sign is permitted. The Planning commission denied the variance application, finding no hardship present to justify grantin~ variances. See attached Planning Commiss1on minutes for reference to this item. This application is the result of a fifteen month long process to bring the signs located at the EZ stop site, into compliance with the Prior Lake Sign Ordinance. In January of 1991, two sign faces, a wall sign located on the building, and the EZ stop, freestanding sign located adjacent to the intersection of S.T.H. 13 and Franklin Trail, were chan~ed without an approved sign permit from the C1ty of Prior Lake. See attached Exhibits A and B which illustrate the signs as of May 5, 1989 and the new sign faces which are currently being displayed. On January 22, 1991 a letter was mailed to Crown CoCo and EZ stop advisin~ that a sign permit is required by Sign Ord1nance 83-5, any time a sign is "erected, changed, or relocated", and that the two signs were in violation of the Ordinance. See attached Exhibit C, letter from Deb Garross to Crown 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER CoCo, Inc. The letter identified that the signs should be removed or a permit approved for their continued displaf. The letter also discussed the possib1lity that the freestanding sign was located within the required 10' foot setback from S.T.H. 13 and that the Ordinance allows only one freestanding sign with a maximum area of seventy-five square feet. The applicant was advised that in the event that the signs did not com~ly with the Sign Ordinance, an applicat10n for variance would need to be submitted to the city. Staff met with Ray Roemmich of Suburban Lighting Inc., to discuss the si9n violations and permit process. Suburban L1ghtin9 Inc., has submitted four sign permit app11cations for changes to the wall and freestanding signs located at EZ stop, which date back to 1977. See Exhibits D, E, F, and G for previous sign permit ap~lications at the subject site. Mr. Roemm1ch determined that the EZ stop freestanding sign located closest to the intersection, encroached within the required ten foot setback from the S.T.H. 13 right-of-way line. Mr. Roemmich also indicated that the sign standard a~peared to have been damaged and that he quest10ned it's structural integrity. Mr. Roemmich sU9gested that the "Kerr McGee" freestanding s1gn be removed and that the EZ stop freestanding sign be relocated to that standard. Staff advised Mr. Roemmich that the plan would comply with the required setback standard and the Sign Ordinance regulation which allows one freestanding si9n. However, the EZ stop sign contained two 1l1egal, sixteen square foot "9as price" panels that had been added without s1gn permits. The EZ stop sign area is ninety-six square feet which exceeds exceeds the seventy-five square foot maximum area, therefore a sign area variance would have to be granted to retain the sign in its entirety. Mr. Roemmich stated that he would contact Crown CoCo Inc., to explain the relocation plan. On April 16, 1991 staff met with the applicant to discuss the violations, the proposed relocation plan, required permit procedures and the variance process. Mr. Miller was given variance application materials at that time. DISCUSSION: On May 21, 1991, staff again, submitted a letter to Crown Coco Inc., and EZ Stop identif~ing the outstanding sign violations, and adv1sed that if sign situation was not rectified by June 21, 1991, the file would be turned over to the City Attorney for possible prosecution. See Exhibit H for reference to the letter from staff. On July 8, 1991 staff received a letter from David Miller stating that he did not agree with the Ordinance and according to his interpretation, the signs were not illegally altered. Mr. Miller also stated the responsibility to com~lr with the Ordinance should be the responsib111ty of the "si9'n hanger." See Exhibit I, letter from Oav1d Miller of Crown Coco, Inc. The file was turned over to the City Attorney upon the decision of the City Manager, for ~rosecution. The City submitted a formal compla1nt to the District Court in December of 1991. See Exhibit J, copr of the formal complaint filed with the Distr1ct Court. The status of this issue is that the City has dismissed the complaint in order to allow the applicant the opportunity to pursue the variance process. In the event that the variances are denied, and the signs are not brought into compliance with the Ordinance, the prosecuting attorney will recharge the applicant. Records on file with the Planning Department indicate that the EZ stop buildin9' was constructed in 1963, prior to annexat10n of the site into the corporate limits of the City of Prior Lake. The earliest sign permit on file is for the freestanding sign located closest to the intersection of S.T.H. 13 and Franklin Trail. Exhibit G, permit 1977-11 indicates that an existing "Gas" sign was re~laced with an ei9'hty square foot "Gas & Pr1ce" sign. Exh1bit F, permit 1979-15, indicates that the "Kerr McGee" freestanding sign was erected in 1979, and contains approximatelr seventy square feet of sign area. Exhib1t 0, permit 1979-14 indicates that the "Gas & Price" freestanding sign was replaced with a sixty-four square foot "EZ stop Stores" sign. Exhibit E, permit 1979-24 indicates that a forty-eight square foot wall sign was placed on the building in 1979. Please note that all permits were taken out by Suburban Lighting Inc., and that all of the signs were erected prior to the adoption of Sign Ordinance 83-5, adopted by the Prior Lake City Council on May 11, 1983. The significance is that the freestanding signs located on site are classified as legal-nonconforming signs. The wall si~n, erected in 1979 conforms with current S1gn Ordinance re9Uirements. A second point is that histor1cally, sign permits have been obtained at this site, when the sign faces have been changed. In 1989, the City undertook an active sign control enforcement campai~ whereby Sign Ordinances, permit a~plicat1ons and written notification were g1ven to all businesses within the community. Staff took pictures of all business signs and began to keep an inventory of si~n permits and to conduct periodic inspect10ns to enforce the Sign Ordinance. The Ordinance contains an amortization schedule indicating the dates by which all non-conforming signs are to be brought into compliance with the Ordinance. However, all dates indicated in the schedule had expired by the time that the active enforcement campai~n began in 1989. Therefore, the Ord1nance requirements are enforced at the time that the property owner chooses to remove or change signs. staff has successfully implemented the Ordinance to remove legal non-conforming signs for the Prior Lake Pet Hospital, Holiday Station stores, and Prior Lake Floral, to name a few. All signs require a permit according to the Ordinance. The fee owner of the property is ultimately responsible to comply with Ordinance requirements of the City of Prior Lake. The applicant is requesting several variances from the Sign Ordinance to continue display of illegal signs that have been expanded and changed without permits approved by the City of Prior Lake. In addition, the EZ Stop freestanding sign was enlarged at some point between 1979 and 1989 to add two, sixteen square foot, gas price signs. This addition was done without obtaining a sign permit and increased the total sign area to ninety-six square feet. The total sign area maximum for freestanding signs is seventy-five square feet. The EZ stop has twice the amount of permitted freestanding sign space for businesses within the community. The intent ALTERNATIVES: RECOMMENDATION: of the Zoning Ordinance, of which the Sign Ordinance is a part, is to eliminate le9al non-conformities to achieve compliance wlth current regulations. The ~rincipal consideration for variance applicat10ns are the hardship tests found in the Zoning Ordinance. Staff contends that there is no hardship in this case. The signs have been changed without the necessary permits and approvals from the City of Prior Lake. The hardship has been caused by the owner, who has changed signs with disregard to the Ordinance and notifications from staff. An additional note, as of March 9, 1992, Prior Lake EZ stop had continued to display three additional signs on site, that do not have approved sign permits. There are no circumstances that are unique to this site whereby setback or sign area variances should be granted. The variances requested do not observe the spirit and intent of the ordinance, but rather, request validation of the situations that Sign Ordinance 83-5 was enacted to prevent. 1. decision of the Planning to deny the variance due to lack of a demonstrated Uphold the Commission application hardship. Table this item for information or research. additional 2. Find that the hardship tests Zoning Ordinance can be met, by circumstances, and approve the application. The recommendation from the Planning Commission is to denr the variances as requested. An alternat1ve was developed by the sign contractor for Crown CoCo Inc., that conforms to the Ordinance requirements. Mr. RoemmiCh, indicated that the structural integrity of the EZ stop freestanding sign standard is questionable and may pose a safety hazard. This standard is located two feet from the S.T.H. 13 ri9ht-of-way, close to overhead electric util1ties and has been increased in area, without permits, to a size that exceeds the seventy-five square foot maximum area allowed by the Ordinance. There are no other businesses within the community that have two freestanding signs on site. 3. of the specific variance ACTION REQUIRED: Granting a variance to allow EZ stop to maintain two freestanding signs would give them unfair advertising advantage over other businesses in the community and potentially create a negative precedent. The variances requested provide a convenient resolution of the issue for the applicant. However, it is not the intent of the variance process to provide convenience, but to provide a degree of relief for hardships that are caused by uni9Ue property characteristics. The var1ances requested by the applicant do not observe the s~irit and intent of the Ordinance and in the op1nion of staff, are contrary to the public interest. will vary based on Council discussion. City Manager's note attached. See CITY OF PRIOR LAKE ~ PLl\NNI~ CDMMISSION MINtJl'ES JUNE 5, 1986 The June 5, 1986 Prior lake Planning Camnission meeting was called to order by Vice Olairman IDftus at 7:35 P.M. Present were Camnissioners Roseth, Wells, City Planner Graser and City Planning Intern Deb Garross. COmmissioner Arnold arrived a~ 7:51 P.M. and Camnissioner Larson arrived at 8:09 P.M. MJrION E,Y ROSE'IH TO APPROlE ImE MAY 15, 1986 MINt1l'ES AS PRESEl'lH..U, SECONDED BY WELLS. UPON A "U.L't. TAKEN, 'mE P-lJuON WAS OOLY PASSED. Item I, CGT Properties Subdivision was called to order. City Planner Graser stated that ror Properties requested to be put on the Agenda later this year. "orION BY WELLS TO CONTINUE '!HIS u"t.M TO A DATE AGREED UPON BY '!HE DEVELu./:'r...t( AND. STAFF Ar~'u< '!HE FIRST MEJ:..J.J.L-K; IN JULY, Sr.u.Jl~ED BY ROSE'IH. UPON A "un. TAKEN, 'mE ftlJuON WAS DULY PASSED. At this time discussion on efficiency with the Planning Camnission was called. MJI'ION BY LvnuS TO HOLD THE FIRST THURSDAY IN JULY MEc~.u..JG CN JULY 2ND Du-.t:.rIDIN:; ON AcrION FROM CDUOCIL, AND '!HE lIIJ:.\...t.SSARY NOI'IFICATION TJ\KEN, SEOJNDED BY ARNJLD. u.l:'\.Jl.'J A "vn. TAKEN, '!HE ""JuON WAS DULY PASSED. At this time a recess was called. The meeting resumed at 8:41 P.M. ttan II, Pulrp & Meter Service request for 6' .., frontyard,:,variance.;,for.;';1-4173':,:,\ CaiJDerce Avenue N.E., (PDQ P.&.~o:.rties) was "CalleeVto . order~ '.'Milce,t'Ic:~,=-:~'~(',:. representative c.~...." ::.."ted on the request. ci ty Planner Graser canrnented per memo dated f.1ay 15, 1986. The Planning Caranissioners expressed concern that lighting not illuminate outward into the street or other properties. MJ1'ION BY LARSON ro APPROVE A 6 FOOl' FRCNr YARD VARIANCE FUR 14173 CDMl>lrd\\..t. AVENUE N.E. THE VARIANCE WAS GRANTED ON '!HE BASIS THAT LACK OF A CANOPY RESULTS IN A HARDSHIP FOR '!HE GENERAL PUBLIC OORTh"'G INcr.EMENI' WFA'mER. Sr.u.JIIDED BY ROSE'IH. -UPON "A "un. TAKEN. (LARSON & ~) 2 NAY,. (ROSE'IH, !J.JrJ.US, t'lELLS) 3,. AYE, 'mE IDI'ION CARRIED. (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 . PRIOR LAKE. MINNESOTA 55372 t ,. ..1 : . . .. < .. r,,';" . '~ I!o/.,. ~ " ...... I ~. 'i,'il"",. ..J. .~. L 'v~ ,) I.. . :,:' "J :: :i.~ "'.~...'j :""1 , ,: . . .", ~1 "~:;":'" 4 ( ( ~ February 1, 1988 8R-IO . thnacht introduced City Planner Borst Graser who briefly presented details related to the planning issues on the proposal. City Manager Urrnacht then introduced Hr. &:1 Tschida of Professional Planning am Developnent C.....t:'any, Consul tant to the City on the Downtown Redevelopnent Project. Mr. Tschida provided information with regard to Tax Increnent Financing. City Engineer Larry ~erson briefly discussed the inpact of the project on the State BiglMay 21 and Trunk Higl'1tlay 13 inprovement. Mayor Andren called for discussion on the ZOning Code amemment. Discussion followed . "LJ~...ON MADE BY S\.Uu, SECXH>ED BY FITZ<ERALO, ro AMEND 'mE PRIOR LAKE ZQUNG Lu.it, BY .~UWOO A CXN:>ITIONAL USE IN A B-2 DISTRICI.' ro ma.tDE A CAR WMH. ~n a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, am White, the motion passed unaninously. Mayor Andren called for discussion on the CoIl3itional Use Permit application. Discussion followed on the Planning Canmission recommemations for a COmitional Use Permit for the Amoco station. KYl'ION MADE BY FI'I2GERAID, O~'UJW BY Whu~, TO APPROJE A <DNDITICH\L v.)~ PEJl.tIT FOR A ONE STALL AIJl'CIt1ATIC CAR WASH TO INCDRPORATE .In.t. Fa:.I0100 <Dm'INGmcIES: 1. '!HE EhJ.t.N.OR FINISH OF .l.l~ BUIIDDI; BE A UNIFOH-I BRICK AS DESaUBID IN '!HE H.AN. 2. '!BE PROPANE TANK BE ~..,\tt.U 'ro A LESS VISIBLE AND DAM.,.r.NlJS O),t'u... AND APPRCPRIATELY LANDSCAm> AND SCREmED AS PER PLANS. 3. '!HE LANDSCAPE PLAN BE ACCEPl'ABLE 'ro ~~F. 4. '!HE APPLICANT REKNE ALL RESIDOE BIA..n.l.{P BE'1WEEN '!BE SITE AND S.T.H. 13. 5. ALL aD T1\NKS AND PIPOO BE RDDVID AND .l\U"laACED. 6. 11) STAAuoIG OF At1l'CttmILES FOR .Lt'J.6 CAR WASH FACILI'l'f BE PERM....!. ~tAJ 00 ~u~uIC PROPERTf. q;x>n a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, am White, the motion passed unaninously. M:lyor Andren called for discussion on the Variance Request. Discussion folLII:.J regarding the petitioner's Variance ~st for a seven foot setback. jJ)TI~ MADE BY itQUt., btMAcJW BY SI.".h..., 'ro APPROJE mE S~ FOOl'VARIANCE FOR ~Sl'RlJCrx. C>>' ...06 CAN<PY FRQl HIGHWAY 13, CDNl'nQ.Nl' tJR)N VACATIOO OF "'i~. "'I..,~.I.Q 150 r t,t..i. OF WALKER AvmtJE. After extensive discussion, the motion was withdrawn. ............00 .MN)E BY .:......bU6IV'J.D, .>tA..vlwJtu BY S..,Uh, 'ro APPROJE nm SITE PLAN DA'ftD NXJJBr 10, 1987 SOBJEC1' TO '!BE P(LUJm<<; CDN1'Ik.,u~IESt ( (. MINt1rES OF 'llfE PRIOR LAKE Pr.J\NNIN:; CDMMISSION Stir .u~..eER 3, 1987 ~ 8R~lQ '!he Planning Carmissioners discussed the proposal am questioned the feasibility of another convenience store and gas station in Prior Lake, safety of traffic off Highway 13, service hours, nlJ'lt:)er of parking spaces, viability of the alley to a 24 foot roadway, Walker Avenue as a frontage road or traffic circulation route, purchase of the single family hone by the City, meeting setbacks fraft all property lines and signage. . ~"".I..L~ BY lQ;mH 'ro APPlOJE: I. A zoom; CR>nwa: AMER>MPN1' 'ro INCLUDE M3 aNlITION1\L USE A CAR WASH IN A B-2 DISTRIcr, AND 'mE SUBMISSIOO CF 'mE AKXD STATIOO l\U'J.AW.l~ UNIc. 76 STATIOO. SECX>h&Jw BY W.l.JS. Upon a vote taken, ayes by Arnold, Kedrowski, lotus, Roseth, Wells1 the motion passed unanimously. ~"".&..LClIt BY ~~.&.tl 'R) APPROJE: 2. .l.O~ 7 ~VUJ. FRCNl' YARD VARIANCE ~l\l."tl~ S.T.H. 13. A. VACATE WALKER AVERJE FRCJt ~.L~ ~.&..N':06r 'lO 'mE SOOTHERN TERMINUS CP ;A.~ Sl'l'E. B. GRANT ~~ w:J.:i A 14 POOl' KlN) EASEMENl' 0lJER '!HE WE.,J.talWY 14' CF 'lB1!; SITE. c. GRANT '!BE CITY A 24' RlN) EASEMENl' .l.1.~Jun .&.A~ PARlDG r.or M3 seam ON 'mD O.L.L:t. PLAN. 3. PRI~ LAKE RJIQIASE mE SOOLE FM.iLY Ha.lE':- Rm01E IT AND SELL .I.~ ~:.:'4'U.l 'ro 'm::; APPLICANT OR WBATE.VER MJ.,:,l SEE U:J.' 'ro 00. 4. PRI~LAKE DE.VELOP AND IMPLEMENr PLANS 'ro EXTEND '!BE 24 ~vv~ ALLEY ~ 'ro am>IT RIVER lOD F10t IWroTA. 5. 'AJ:~lDlE.l.tm CXRlITIONAL UOD .l:J:.r.\InT SUBJECl' 'IO: A. .l.o.t.. m~t.t\IOR. FINISH OF .Ltu::. BUILDDG BE A UNIrvN.f BRICK AS ~ IN TIlt. PLAN. B. 'ml!; PROPANE TANK BE . KMm 'ro A LESS VISIBLE DAk:.~S lJ.t'VJ.' AND A.a: i:~PRIATFLY I..A!mCAm>. C. 'mE J:RD3CAPE PLAN BE A..~ um..E '10. ~. D. .uu::. APPLICANT REM7JE ALL ~.u..uD BIAU\.Lvr BE'Dt~~ 'mE lJJ.~:.r. AND S.T.B. 13. E. ALL TANKS AND .t'J.J:".I.1"-' BE REKJIED. ;.')t.uJJ..u:,u BY TOM ~.LJS. (MR. L...~..JS HAD ,^,1~'1 OJER .l.nJ:. urO\..~ OF TRAFFIC CIlQJLATI~ IN THIS AREA OFF WALKER AVENUE AND 'mE FEASIBILITY OF BUYnl; A Sm:;LE FAMILY BCH: BY THE ~.uI) Upon a vote taken, ayes by ArnOld, Kedrowski, loftus, Roseth, Wells1 the motion passed unanimously. "I dW, '{ J~ Fitzgerald to schedule a Public Hearing for June 5, 1980 at 7:35 PM.. l: Upon a vote taken, the motion was duly passed. .;J,>: i~~:-' , Page two Planning Commission Minutes continued that a landscaping plan be submitted to staff and this plan would be implemented in the building permit. Staff noted that with the previous variance received and tnc landscap- ing plan to be stmmitted, it is unlikely that this development could take place without some type of variance. Staff recommendation WllS to npprove the request since the pro- posed layout of the lot is in the best interest of the City. At this time Mr. Jensen took the podium and made additional comments regarding this var- iance request. After discussion among the Commission members they questioned as to why the building could not be moved back twenty feet on the lot, this would still leave green space for the land- sctlping. Motion was made by Arnold to deny the 25' front yard variance as presented by Erickson Petroleum Corporation as the c~nopy plan presented would destroy the site line as it is not consistent with the immediate development of the area, seconded by Wilker. Upon a vote taken, the motion was duly passed. Motion was made by Arnold to grant Erickson Petroleum Corporation a 5' front yard variance with the canopy being no closer to the highway right-of-way than 33 feet, and a 10' side ,variance, feelin$ that this would make the total plan conform more harmonio~s with the site line of Highway 13; and to provide a 20' ~reen space at the front of the station, seconded by Wilker. Upon a vote taken. the motion was dulv passed. Discussion Item: City Planner Graser noted that he received a letter from Attorney, Bryce Huemoe11er on behalf of James Dunn. Mr. Dunn is requesting a rezoning hearing from R-l to R-2 for the Dunn Marina. Motion was made by seconded by Wilker. Motion was made by Arnold to adjourn the Prior La]~e Planning Commission meeting, seconded by Wilker. Upon a vote taken, the motion was duly passed and the meeting was adjourned at 8:38 P.M. mh ~,,,,,,,,,,.~.,,,,,":"~'.'l"""'~.~:.~_ 1..'.(".<.. :1: 'f. ~I ;r' ~~ .~' ';~I(,. z: ~: ~. ,;iij *' .w ~, '1&,; i ;~; I I, iW '.l, ~€ :1'" i~J ..l' . <'f.~ , .. J .~...r.....l :.,~ 1 ..,~. i ..~.:(,' .f!t:~,;:-J '.1.'. ,.,...,--. , _.,'f-,:"--" I. ::. ':; ;f ~. :.Ii~' ,:" ..il 4,.t:j . ...~ j .-"r/,l ..1.........".........1 ~.. '~.j ; '~~ -,~ '-,-:0: . \ :!~:' ","," / MINUTES of the Proceeding. of the Ylllage Council of the Yllloge of Prlo; Lake In ,he County of Sco" and State of Mlnne.oto, Includln" 011 occoun.. audl'ed by .ald Council. LAKESIDE AVE Someone else suggested that putting up stop signs may slow down the traffic and help control the dust. Motion by Watkins that the paving and storm sewer project lor lakeside Avenue as defined by this public hearing be dropped, seconded by Busse and upon a vote taken It was auly passed. Motion by Watkins that the storm drainage characteristics of Lakeside Avenue as It runs north and south to CSAH 21 be studied by the Engineering Dept. with the out- look that maybe some weirs In the ditch could prevent erosion across the property to the north and west. Then a report on thls:study be submitted to the Council at the June 9th meeting at 8:00PM and the people In those areas are encouraged to attend, seconded by Blssonett and upon a vote taken It was duly passed. Motion by Watkins to adjourn, seconded by Bissonett and upon a vote taken this public hearing was adjourned. A 5-mlnute recess was called. Mayor Stock then called the meeting back to order. S~OP SIGNS Mayor Stock directed the City Engineer to review the, request for stop signs to be CITY STREETS placed at Colorado and lakeside and lakeside and Birch. HIGHWOOD HOU City Manager McGuire stated that the abutting property owners ofrthe,.famlly hou~I~~ SING project have requested the matter of sewer easement for the area: be tabled o. for one week. Motion by Watkins to table for one week the matter of sewer easement for the family housing project, seconded by Busse and upon a vote taken It was duly passed. An:LET I C COMPLEX Park~ Director Mangan presented the Information on the bids that,were received for the grading of the Athletic Complex. The low bidder was Prior lake Aggregate, Inc. .~II bid documents are In order and Staff recommends awarding the'bld to Prior Lake I ~ggregate, I nc. Motion by Thorkehon to award the bid for the grading of the Athletic Complex to Prior Lake Aggregate, 1'1C. with the bid amount being $44,800, seconded by Blssonett and upon a vote taken It was duly passed. HOLIDAY ~ity /1anager McGuire reported on the request of the Holiday Statlonstores for a STATIONSTORE variance. The Planning Commission had denied a 25' front yard variance for the In- stallation of a pump Island canopy at the Intersection of Hwy. 13 and Center St. Mr. Jerry Jensen, representative of the Holiday Statlcnstores, was additional comments. Mr. Allan Wilker, planning commissioner, was to define the action of the Planning Commission. present and made also present o re- Busse and upon a vote taken It was passed. MEMORIAL DR. The Council considered the dust control for Memorial Drive. Residents have re- quested dust control on Memorial Trail due to traffic generated from Memorial Park. The cost for two app\.lcatlons of oil Is $660.00. Motion by Bissonett to authorize two appllcatlol'5,..of oi I at the cost of $660.00 on Memorial Trail, seconded by Watkins and upon a vote taken It was duly passed. 'ST. PATCHING"rhe Council revlewed.the quotes for street patching. Four street areas require blta- ominous patching, Franklin Trail, Brooks Circle, Timber View St. and Inguadona Beach. ''::i rcle. Motion by Blssonett to award the contract to Radloff & Weber Blacktopping, Inc. for patching of Franklin Trail In the amount of $1800, Brooks Circle:ln the amount of $800, Tlmber',View St. ,Incthe amount of $2300 and Inguadona Beach Circle In the amount of $1750, seconded by Watkins and upon a vote taken it was duly passed. The monthly reports were: reviewed. o Motion by Blssonett to approve the Pollee Report as submitted for the month of POLICE REPOR'Apl'II, seconded by Watkins and upon a vote taken It waii duly passed. -2- "'j' t ~ .~ 4, f~J .~ =- I I i "VA08PN" NOTICE OF HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota street S.E. on: THURSDAY. APRIL 15. 1993 at 9:00 P.M. PURPOSE OF HEARING: To consider a variance application for Crown CoCo Inc., 319 Ulysses street N.E., Minneapolis, MN 55413. SUBJECT SITE LOCATION: EZ stop, 16735 Franklin Trail S.E. REQUESTED ACTION: The a~plicant proposes to up~rade the exist1ng qanopy from its exist1ng state to a 12' x 51' rectangular shape. The proposal is to install flat fascia wrap around the perimeter of the existing canopy. The required front rard setback from S.T.H. 13 right-of-way 1S 50'. In order to improve the canopy as proposed, the applicant requests an 8' front yard variance. The canopy will be located 42' from the right-of-way line of S.T.H. l3. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Plannin~ Commission. For more information, contact the Prior Lake Plann1ng Department at 447-4230. Prior Lake Planning Commission DATE MAILED: April 8, 1993 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ~" .,.... ,,~ <;r 0'" v / / / /-. /~~~ /- / ~'v. / ~~ " .. 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I ::==:=:.- -------.. .=-~._____..o____.___________.__.. .:+-: ~_____ I -.---- -.. :-:-:=:-- :..:. --- =--=-----. =--::.:..-::.::- - ----=:-::::::::::=-==---, - .--- . I ----- .---._1 - - ._~------_. --.-.'-.- - --0- ~._----====c= .----- -==--- - --: .=--:-o=.::::-:::-.:::=:-::~-:: -_-_-.-.::..:-_"::. __ .. ::;:-- ==::_-=-=-_ ! ..-..----.---..-- --~_. . -_0- - . .--- - --_.. ...---__0____ - __ __ ----r-- ---..-""..------- - .u__ .-.._ __ _._~_ __ 0_____. __ ____ _ ___ ______ ---------~- T -- -~ I , V I' -j-!--- ~. "- , ,- I- ,- -=i ~! ---.._---~_. r--------i . , ~.. ~-_. .. .-..- ---- >-. .... ~~=-=_:-.-: J -' -------j: . -'-~-I ___~__e.._ ..__.___ Install a vertical fascia around the perimeter of the existing canopy. Fascia will be four feet high with a smooth face. See the picture of a similar treatment to a similar canopy. This sketch of the canopy is not to scale but shows the existing canopy outlined in red and the proposed canopy fascia outlined in blue for easy visualiz~tion of the ;:roposed chanCl'e. F--'--:-"':-'- . ~.--- I t I ~ j l.-:-.- .--;T-~~---. - ~- r -r:-- -_1: , ir:--c--. , ! I I I I ~ i , . , ;;: 11..l..l.. I, ~I. ; f; .-, EZ c:top DIVISION OF CROWN COCO, INC. March 27, 1993 SIGN PLAN 16735 Franklin Trail 1) Remove existing identification and price sign (A). 2) Remove existing wall sign (B). 3) Remove existing Kerr-McGee sign (C). 4) Install new wall signs on new canopy fascia. Two signs with a total of 100 aggregate square feet (D). 5) Install a new identification and price sign that is set back 10 feet from the highway right-of-way and is a total of 75 square feet (E). . 319ULYSSESSTREETN.E. . MINNEAPOLIS,MN. 55413 . (6]2)33]-9344. - ( i I ~ ; I ., h i i I f h ~- ~'&;' ;'Jj.,.,. .#/-<<' .- ~t i I ;....- ! - ! , MOllE RENTALS ! j I , 1 1" ~.if.t.A .:A:".c IH-lS IS TH-~ -ry:pe; 01= F~~bIPb S ,~~ we:; ~u ~s.ft:letJ~ ~ rt> ~ OT~el- I PJ::"of:.-h-A'-H'~ CJ:t>~l-)::. ~A. "t>IFFe:u-AT. .,...~\~ T~.pe: '"1\..UC> ~OL.e ~~I,)c....TI~' EZ ~top DIVISION OF CROWN COCO, INC. March 27, 1993 SIGN PLAN 16735 Franklin Trail 1) Remove existing identification and price sign (A). 2) Remove existing wall sign (B). 3) Remove existing Kerr-McGee sign (C). 4) Install new wall signs on new canopy fascia. Two signs with a total of 100 aggregate square feet (D). 5) Install a new identification and price sign that is set back 10 feet from the highway right-of-way and is a total of 75 square feet (E). . 319 ULYSSES STREET N.E. . MINNEAPOLIS, MN. 55413 . (612) 331-9344 . "VA08PN" NOTICE OF HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota street S.E. on: THURSDAY. APRIL 15. 1993 at 9:00 P.M. PURPOSE OF HEARING: To consider a variance application for Crown CoCo Inc., 319 Ulysses Street N.E., Minneapolis, MN 55413. SUBJECT SITE LOCATION: EZ stop, 16735 Franklin Trail S.E. REQUESTED ACTION: The a~plicant proposes to uP9rade the exist1ng qanopy from its exist1ng state to a 12' x 51' rectangular shape. The proposal is to install flat fascia wrap around the perimeter of the existing canopy. The required front rard setback from S.T.H. 13 right-of-way 1S 50'. In order to improve the canopy as proposed, the applicant requests an 8' front yard variance. The canopy will be located 42' from the right-of-way line of S.T.H. 13. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Plannin9 Commission. For more information, contact the Prior Lake Plann1ng Department at 447-4230. Prior Lake Planning Commission DATE MAILED: April 8, 1993 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1/ f/It03mL II ., NEW ABSTRACTS CONTINUATIONS CLOSING SERVICE REGISTERED PROPERTY ABSTRACTS TITLE INSURANCE RECORDING SERVICE SCO I I COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Kerry Meagher, General Counsel TELEPHONE: (612) 44fHi246 FAX: (612) 445-0229 March 19, 1993 Iv\()JJ(U Ul flf;f1 ( Li ~ T . *' Crown Coco Incorporated 319 Ulysses Street NE Minneapolis, MN 55413 To Whom it may concern: According to the 1993 tax records in the Scott County Treasurer's office, the following persons are listed at the owners of the property which lies within 100 feet of the following described property: That part of the West one-half (W~) of the Southeast Quarter (SEl) of Section Two (2), Township One Hundred Fourteen (114), Range Twenty-two (22), Scott County, Minnesota, described as follows: Commencing at a point on the East line of said West ~ of Southeast Quarter, distant 1792 feet North of the Southeast corner thereof; thence West at right angles a distance of 215.84 feet to the actual point of beginning of the tract to be described; thence continuing along the last described course 345 feet more or less to the Southeasterly right-of- way of Highway No. 13; thence northeasterly along said right-of-way 190 feet more or less to the south line of town road as now laid out and traveled; thence easterly along said south line 210 feet more or less to a point distant 215.8 feet West from the said east line of the West ~ of the Southeast t; thence South to the point of beginning a distance of 140.08 feet more or less and there terminating. AND, That part of the West ~ of the Southeast l of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at a point on the East line of said West ~ of the Southeast l distant 1792.0 feet North of the Southeast corner thereof; thence West at right angles a distance of 215.84 feet to the actual point of beginning of the tract to be described; thence continuing along the last desribed course 228.16 feet; thence Southeasterly to a point on a line drawn parallel with and 42.0 feet South of the North line of the tract being described, said point being distant 408.0 feet West from the said East line of the West Half of the Southeast Quarter; thence East along said parallel line 192 .16 feet; thence North 42.0 feet to the actual point of beginning. Containing 0.2026 acres. PAGE 1 OF 2 MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY MICHAEL C BABCOCK DDS 16670 FRANKLIN TR SE #100 PRIOR LAKE MN 55372 CLIFFORD I & MARIAN HALLBERG UN. CD. - OFFICE CONTROLS INC 7027 OLIVER AVENUE SO RICHFIELD MN 55423 PRIOR LAKE STATE BANK POBOX 369 PRIOR LAKE MN 55372 BRYCE D HUEMOELLER ESQ 16670 FRANKLIN TR SE #210 PRIOR LAKE MN 55372 B N K MASONRY INC C.D. - ASSOCIATED PROP & INVESTMENT 16670 FRANKLIN TR SE PRIOR LAKE MN 55372 KENNETH W JACOBSEN 7700 MCCOLL DRIVE SAVAGE MN 55378 DAVID G JOHNSON 14474 LAKEVIEW CIR SHAKOPEE MN 55379 JOHNSON-HUEMOELLER 16670 FRANKLIN TR SE #210 PRIOR LAKE MN 55372 DUANE H & DIANE R REIMER 12469 ZINRAN AVE SO SAVAGE MN 55378 TOM KORTSCH C.D. - LEROY & KAREN L BOHNSACK 16675 FRANKLIN TRAIL SE POBOX 633 PRIOR LAKE MN 55372 scon COULiJ.L 1 ABSTRACT AND TITLE, INC. IY:;).~ STATE BANK OF REDWOOD POBOX 217 REDWOOD FALLS MN 56283 David E. Koonen President DAVID E & MARY KAY VELISHEK 7540 CREDIT RIVER BLVD PRIOR LAKE MN 55372 fe'" . '~"~'4 ~ . 8 -.:JIr.. ....,~.x~ ......._--u'.."r....]-"' ~I!HIIIII~!l., ,j~~..._,: PAGE 2 OF 2