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VAR 94-15D STAFiF REPORT Community Development Department Appeals Commission Date August 2, 1994 Planning Commission Date City Council Date APPLICATION NUMBER: ♦ VAR #94-15 PETITIONER• ♦ Imaginality Inc./KMS Management - River Pointe Apartments LOCATION• ♦ 7855 East River Road; near the southeast corner of the intersection of East River Road and 79th Way. The property is zoned R-3, General Multiple Family Dwelling and is subject to the residential district requirements of the Sign Code. REQUEST: ♦ Increase the maximum square footage of a sign from 24 square feet to 32 square feet to allow the installation sign. The petitioner stated the following reason for the variance and hardship: "Signage not visible - need larger size". BACKGROUND: ♦ The petitioner recently applied for a sign permit to install a 32 square foot identification sign on the East River Road frontage. Between the years 1970 and 1972 permits were issued for 3 - 59 unit buildings and a recreation complex with a 20' * 40' pool and a series'of garages. Those buildings comprise the coplex which will be known as the River Pointe Apartments (formerly Meadow Run). In 1971 the first of the three apartment buildings were completed and a permit for a 40 square foot wall sign was issued. There was also an ornamental gate/wall constructed to the entrance to the complex. This feature also included a sign to identify the Meadow Run complex. The City records are unclear as to the size of the sign, and the date of installation. 0 • Staff Report VAR #94-15, 7885 East River Road, Imaginality Signs Page 2 ANALYSIS: ♦ Section 214.09.0l.B Fridley Sign Code requires a maximum size of 24 sq. ft. in area per development for free-standing signs. Public purpose served by this requirement is to control visual pollution by eliminating large and excessive signage. Prior to granting a variance from the provisions of the Sign Code, four conditions must be met. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Georgetown Apartments, located at 5750 East River Road is a similar property in use and zoning. Located on that property is a 96 square foot sign which received a number of variances to increase the height, square footage, and distance from the property line (see attached minutes). The sign is located at the entrance to the complex, and is paralled to the street. The subject parcel, in comparison, has buildings closer to the street, and the proposed sign is perpendicular to the traveled way. The parcel is not unique when compared to other apartment complexes like Moore Lake Apartments, River Road East Apartments, and the apartments located on Polk and Lynde Streets. These complexes have complied with the ordinance requirements. There are no exceptional or extraordinary circumstances applicable to the subject parcel. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. The petitioner can exercise their property right by installing a sign to the 24 square foot maximum permitted by code. Denial of the variance would not deny the petitioner this property right. C. That the strict application of the Chapter would constitute an unnecessary hardship. Staff Report VAR #94-15, 7885 East River Road, Imaginality Signs Page 3 Denial of the variance would not constitute a hardship as the petitioner has installed a sign as permitted by code. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The purpose of the sign code is to limit the number and size of signs in order to reduce visual pollution. Granting the variance would be contrary to the spirit and intent of the code. RECOMMENDATION/STIPULATIONS: ♦ As the petitioner has not met the four criteria for granting a variance to the sign code, staff recommends that the Appeals Commission recommend denial of the request to the City Council. CITY OF FRIDLEY APPEALS COMMISSION MEETING, AUGUST 2,,"94 CALL TO ORDER: Chairperson Savage callZage, 1994 Appeals Commission meeting to order at 8:0 ROLL CALL: Members Present: DiaBeaulieu, Cathy Smith Members Absent: Kenle Others Present:cott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Leonard Brandt, 190 Craigbrook Way MOTION '-Z- Ms. Beaulieu, seconded by Ms. Smith, to approve the July 12, 1 4, Appeals Commission minutes as written. R A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE ION CARRIED UNANIMOUSLY. 1. CONSIDERATION OF VARIANCE REQUEST, VAR #94-15, BY IMAGINALITY SIGNS pursuant to Section 214.10.01.B of the Fridley Sign Code, to increase the area of an area identification sign from 24 feet to 32 feet to allow construction of a new sign on Lot 3, Block 1, Meadow Run First Addition, the same being 7855 East River Road. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to waive the reading of the notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:03 P.M. Mr. Hickok stated that the request was for the property known as Meadow Run Apartments, generally located at 7855 East River Road. Mr. Hickok stated that the peitioner had proposed to construct a new identification sign for the complex to be located in front of the existing wall which composes the entry into the complex. The sign was proposed to be perpendicular to the right of way. Mr. Hickok stated that staff had met with the petitioner on site that day to discuss a variety of options for the sign which would APPEALS COMMISSION MEETING AUGUST 2 1994 PAGE 2 not require a variance. The petitioner submitted a letter withdrawing the request to increase the size of the sign. The petitioner will, however submit a new variance application for the August 23, 1994 meeting reducing the setback from the property line. Mr. Leonard Brandt, 190 Craigbrook Way stated that he was not interested in seeing the City approve a varaince to increase the size of the sign to 32 square feet. Mr. Brandt stated that he would be opposed to placing the sign at the property line as well. Mr. Brandt stated that granting a variance would set a precedent along East River Road that would contribute to the decline of the Sign Code. He stated that he felt that the City had a good Sign Code, and that it should be kept intact. MOTION by Ms. Beaulieu, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. 2. UPDATE OF PLANNING COMMISSION AND COUNCIL ACTIONS: Ms. McPherson provided an update of Planning Commission �dCourncil actions ADJOURNMENT MOTION by Smith, seconded by Beaulieu,/'Eo adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AY, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE AUGUST , 1994, APPEALS COMMISSION MEETING ADJOURNED AT 8:15 P.M. Respectfully submitte , Mic'ele McP erson Pla ning ssistant/Recorder August 2, 1994 Scott Hickok City of Fridley 6431 University N.E. Fridley, Minnesota 55432 Dear Scott, This letter is to confirm our earlier conversation to formally withdraw our request for an "increased sign size" variance. This was to take place at the meeting tonight. I have discussed the options we reviewed regarding the sign at River Pointe (formerly Meadow Run) with Bob Levine from KMS Management, the owners. His position is that he wants to pursue a "0' setback variance" rather than extend his curb into the existing drive, which would also set back the sign and reduce visibility. Both options entail us removing in its entirety the large wall monument in the center drive island. I will resubmit the variance request paperwork and anticipate being on the next available calender ... you stated would be August 23rd, 1994. Thank you for your time and consideration. Sincerely, NII -Y r 0reristen Pr dent cc: Bob Levine FRIDLEY V(UNI0I)AL CEN"I'ER • 6431 UNIVERSITY AVE. N.t . I-RIDLEY, MN 55432 • (612) 571-3450 • F.AX (612) 571-1287 July 29, 1994 Dear Residents: The City of Fridley Appeals Board will be holding the public hearing for the River Pointe (formerly Meadow Run) Apartments sign variance on Tuesday, August 2, 1994,_at 7:30 p.m. The meeting will be held on the upper level of the Fridley Municipal Center at 6431 University Avenue N.E. Our City Staff apologizes to any residents who appeared for the July 26 meeting only to discover that, due to scheduling conflicts, the Appeals Board would not have enough members in attendance to vote on the issue; therefore, the meeting was not held. We have been made aware that we may have scheduling problems again on August 2, 1994. It is our intention to hold the meeting schedule open and, if there are not enough members present to vote that night, the meeting will be rescheduled for Tuesday, August 9, in the same location. Thank you for your interest and please feel free to give me a call at 572-3599 if you have any further questions or comments. jtSierely, —t J. H ckok Planning Coordinator SH:sh C-94-188 PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 26, 1994, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #94-15, pursuant to Section 214.10.0l.B of the Fridley Sign Code, to increase the area of an area identification sign from 24 feet to 48 feet to allow construction of a new sign on Lot 3, Block 1, Meadow Run first Addition, the same being 7855 East River Road. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 19, 1994. 70 d S0 F/zesP�-4 Vey Ram!.. Gj16?q j�kf2,44 lT' GSSL)rz fd2 o jam_ 9-- )4 2"( &x rzD o/ ,/ WCO114A Yl 174LM NE 146 14 r- /3 X /-moo ct -c, rv.2 r� • 4-F?"rLOVrz'?o L"U t (- " -S:J� !�'L" L-eS--r7,6,,,3 S, /1� r / �6k,/�J131 y 2-rf F7 a co r Wee N� E 9 '7- 70 FOOL l q7 i UAj (3�el" c T rz, V� C��` U/j!r- PUBLIC HEARING BEFORE THE APPEALS COMMISSION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, July 26, 1994, at 7:30 p.m. for the purpose of: Consideration of variance request, VAR #94-15, pursuant to Section 214.10.0l.B of the Fridley Sign Code, to increase the area of an area identification sign from 24 feet to 48 feet to allow construction of a new sign on Lot 3, Block 1, Meadow Run first Addition, the same being 7855 East River Road. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEALS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 19, 1994. STAR W94-15 � 14- W• Mailing List Mailed: 7/15/94 Meadow Run Apartments 0 Meadow Run Apartments 7855 East River Rd NE Fridley, MN 55432 Meadow Run Apartments Building Manager 7845 East River Rd NE Fridley, MN 55432 Park Construction Co. 7900 Beech Street NE Fridley, MN 55432 N'nyder General Corp. Barry Blower Company 2001 Ross Avenue Dallas, TX 75201 Walter Klus 7899 East River Rd NE Fridley, MN 55432 Watkins Brothers P.O. Box 87 Sauk Rapids, MN 56379 Current Resident 7869 Firwood Way NE Fridley, MN 55432 Meadow Run Apartments Building Manager. 7805 East River Rd NE Fridley, MN 55432 Meadow Run Apartments Building Manager 7875 East River Rd NE Fridley, MN 55432 Richard Peterson 7939 East River Rd NE Fridley, MN 55432 Barry Blower Company 99 - 77th Way NE Fridley, MN 55432 David Fuerstenberg 7701 East River Rd NE Fridley, MN 55432 Current Resident 7865 Firwood Way NE Fridley, MN 55432 Current Resident 7861 Firwood Way NE Fridley, MN 55432 Current Resident Jeffrey Jones/Curr. Res. 7857 Firwood Way NE 7851 Firwood Way NE Fridley, MN 55432 Fridley, MN 55432 Scott Cammeron/Curr. Res. David Parke/Curr. Res. 7843 Firwood Way NE 7847 Firwood Way NE Fridley, MN 55432 Fridley, MN 55432 Meadow Run Apartments Building Manager 7825 East River Rd NE Fridley, MN 55432 Meadow Run Apartments Building Manager 7895 East River Rd NE Fridley, MN 55432 Bruce Miller 7872 Firwood Way NE Fridley, MN 55432 I'..'"River Pointe Ltd. Part. V 1660 South Highway 100 St. Louis Pk, MN 55416 David Fuerstenberg 1021 E Moore Lake Dr NE Fridley, MN 55432 Michael Betz 2712 Terrace Drive Burnsville, MN 55337 Roger Carey 10270 Mississippi Blvd Coon Rapids, MN 55433 Current Resident 7855 Firwood Way NE Fridley, MN 55432 Mark Jedlenski/Curr.Res 7833 Firwood Way NE Fridley, MN 55432 Currv-pnt Resident Jonathan Soule Edward Willey 7837 Firwood Way NE 7838 Firwood Way NE 107830 Firwood Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Douglas Lindquist 194 Pearson Way NE Fridley, MN 55432 Current Resident 176 Pearson Way NE Fridley, MN 55432 Eldon Metaxas 175 Craigbrook Way NE Fridley, MN 55432 Robert Skorczewski 170 Craigbrook Way NE Fridley, MN 55432 John Dunphy 155 Stonybrook Way NE Fridley, MN 55432 Hickory Properties 881 Pandora Drive NE Fridley, MN 55432 Current Resident 7855 Hickory Street NE Fridley, MN 55432 David Larson 4521 Culver Road Golden Valley, MN 55442 f"X, eslie Kohanek 25335 Hassan Parkway Rogers, MN 55374 Eugene Hebzynski 184 Pearson Way NE Fridley, MN 55432 Current Resident 174 Pearson Way NE Fridley, MN 55432 Donald Giorgio 185 Craigbrook Way NE Fridley, MN 55432 Leonard Brandt 190 Craigbrook Way NE Fridley, MN 55432 Charles Martin 133 Stonybrook Way NE Fridley, MN 55432 Current Resident 7849 Hickory Street NE Fridley, MN 55432 Micro Matic 7871 Hickory Street NE Fridley, MN 55432 Victor Daml 9412 Flintwood Coon Rapids, MN 55433 Dennis Prokop 165 Craigbrook Way NE Fridley, MN 55432 William Dombrowsky 160 Craigbrook Way NE Fridley, MN 55432 John Anderson 165 Stonybrook Way NE Fridley, MN 55432 Current Resident 7851 Hickory Street NE Fridley, MN 55432 Current Resident 7853 Hickory Street NE Fridley, MN 55432 Current Resident 7831 Hickory Street NE Fridley, MN 55432 Current Resident &55 auser Corp 7890 Hickory Street NE � - 77th Way NE Fridley, MN 55432 Fridley, MN 55432 Michael Klismith Current Resident 7905 East River Rd NE 231 - 79th Way NE Fridley, MN 55432 Fridley, MN 55432 Valtf...r Kuckes �@� William Walus Current Resident 1340 Ninth Av nh ue So. 0221 - 79th Way NE 0211 - 79th Way NE St. Cloud, MN 56301 Fridley, MN 55432 Fridley, MN 55432 D-62 Properties 112010 Woodhill Lane Blaine, MN 55434 John Jarvi 240 Longfellow St. NE Fridley, MN 55432 Thomas Gavic 2540 - 131st Avenue NW Coon Rapids, MN 55433 Janet Chisholm 151 - 79th Way NE Fridley, MN 55432 Lynn Canfield 131 - 79th Way NE Fridley, MN 55432 Leonard Benser 154 Longfellow St NE Fridley, MN 55432 ary Meyers 190 Longfellow St NE Fridley, MN 55432 Gerald Harris 121 - 79th Way NE Fridley, MN 55432 Lawrence Davis 210 Longfellow St. NE Fridley, MN 55432 Michael Sutton 195 - 79th Way NE Fridley, MN 55432 Michael Lund 161 - 79th Way NE Fridley, MN 55432 Richard Mottl 141 - 79th Way NE Fridley, MN 55432 Donald Lewis 134 Longfellow St NE Fridley, MN 55432 Susan Blilie 166 Longfellow St NE Fridley, MN 55432 Jean Oakvik 196 Longfellow St NE Fridley, MN 55432 Gina Damiani 260 Longfellow St NE Fridley, MN 55432 Gary Stelton 230 Longfellow St. NE Fridley, MN 55432 Current Resident 181 - 79th Way NE Fridley, MN 55432 �X Paul Jaeger 1 260 Longfellow St NE Fridley, MN 55432 Lee Wyandt 139 - 79th Way NE Fridley, MN 55432 J. Wodziak/J. Knealing 144 Longfellow St NE Fridley, MN 55432 Troy Tjepkes 176 Longfellow St NE Fridley, MN 55432 F. Kevin McGinnity 124 Longfellow St NE Fridley, MN 55432 John Zielinski 7889 Firwood Way NE Fridley, MN 55432 Current Resident V. Froneyberger Current Resident 7891 Firwood Way NE 7885 Firwood Way NE 7883 Firwood Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Cyptt%ia Czichary Current Resident John Arvanitis 7879 Firwood Way NE . 7881 Firwood Way NE 7875 Firwood Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Kaliher 7866 Firwood Way NE Fridley, MN 55432 Neil Hyatt 7858 Firwood Way NE Fridley, MN 55432 Cynthia Robb 7852 Firwood Way NE Fridley, MN 55432 Lee Grant City Council Members Planning Comm. Chair 7844 Firwood Way NE Fridley, MN 55432 � • i CITY OF FRIDLEY CITYOF COMMISSION APPLICATION REVIEW FRIDLEY --------------------------------------------------------------------------- --------------------------------------------------------------------------- File Number File Date Meeting Date VAR #94-15 July 8, 1994 July 26, 1994 --------------------------------------------------------------------------- --------------------------------------------------------------------------- File Description: 7855 East River Road Imaginality Sign --------------------------------------------------------------------------- --------------------------------------------------------------------------- Complete Review Checklist and Return To The Community Development Department *** Comments *** Barbara D.41 4& �@ /, A — tk�J- Michele M. Ill. Scott E. 4� John F. / rz -1// ¢ , John P. �� U Clyde M. Leon M. Dave S. Dick L. 0 INA r • • CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. 0FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached n Address: 7�n- SIC +Ve.2 Pcck6 Property Identification Pumber (PIN) 03 0 old q -2-., nurc> Legal descri tion: (+ —3 b d U( -e 1 r-1 yo-('0vj (Ly) � i d vt Lot Block Tract/Addition M e(k6a 3 �5+ 0,ki +0 � `^ Current zoning: Square footage/acreagea-7-3i ?--;`7 . Reason for variance and hardship: %G h e l(�C?y � Q . Q�� l �'tC 4+ ?2 Section of City Code: Z /4l / 0 Have you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME I-,y&r=1o►n-+e_ Lv.- %ie-st eanccrl k je ADDRESS c/ KMS v 01 S. Ce 4-.3 PIC -) L DAYTIME PHONE 3 - `' ' SIGNATURE62 DATE APV N PETITI0NEINFORMATION NAME 4 C: ADDRESS _/ ldn MleAll DAYTIME PHONE SIGNATURE - DATE Fee: $100.00 $ 60.00 for residential properties Permit VAR # eceipt # Application received by. Scheduled Appeals Commissio da e: Scheduled City Council date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and Complete site plans, signed by a registered architect, civil proposed structures with distance from boundaries, distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: A. General: 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well 1. Name and address of as proposed grade elevations and sedimentation and storm project water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. Name, address, and telephone number of applicant, 3. All existing and proposed points of egress/ingress showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, 4. Date proposed, north arrow, scale, number of sheets, name existing and proposed median cuts, and intersections of streets and driveways of drawer 5. Description of intended use of site, buildings, and 4. Vehicular circulation system showing location and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading areas, fire lanes, occupancy load emergency access (if necessary), public and private 6. Existing zoning and land use streets, alleys, sidewalks, bike paths, direction of traffic flow, and traffic -control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface e. Building elevations from all directions 9. Utility plan identifying size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly • (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories ❑