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2006-02-22 Transmittal Site Plan, Survey, Landscape ...„-' 9300 Hennepin Town Road Aff. Eden Prairie, MN 55347 PROJECT #: 04154 (952) 278-8880 ARCH/TE0 Fax (952) 278-8822 DATE: 2/22/06 www.htg-architects.com TRANSMITTAL LETTER TO: City of Albertville MAIL 5975 Main Avenue NE Albertville, MN 55301-0009 Attention: Bridget Miller FROM: Phil Blasko Andrew Benson PROJECT NAME: ENCLOSED: State Bank of Long Lake Albertville Office FEDEX ❑ PHONE: COURIER ❑ ARRIVE BY: FAX ❑ FAX #: # OF PAGES: COPIES DATE SHEET # DESCRIPTION 10 ea 1-17-06 Full Size Site Plan, Survey, Landscape Plan, Civil Plans (2), Floor Plan, Exterior Elevations Lighting Plan of Site with photometrics 4 ea 1-17-06 11 x 17 size Site Plan, Survey, Landscape Plan, Civil Plans (2), Floor Plan, Exterior Elevations Lighting Plan of Site with photometrics, Colored Exterior Elevations 3 sets stapled , 1 loose REMARKS: Application for March 6th, 2006 City Council Meeting. Note: The shared access easement between LaBeaux Station and Bank Property is not yet recorded but will be soon; as well as the additional 10' trail easement along south property line that the City is requesting has been mailed direct to you from Mike Byrne @ State Bank of Long Lake. CC: Mike Byrne, State Bank of Long Lake NORTHWEST ASSOCIATED CONSULTANTS. INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 • Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Cassie Schumacher-Georgopoulos / Alan Brixius DATE: January 3, 2007 RE: Albertville — Lake Community Bank Variance Zoning Text Amendment NAC FILE: 163.06 — 06.36 BACKGROUND Color Sign Systems, Inc and Lake Community Bank have applied for a Variance for . businesses ground signage at Lake Community Bank located at 11102 57th Street NE. The sign in question is to be located on the property at the corner of 57th Street NE and CSAH 19. Whether or not the Variance is approved or denied the applicant has also applied for a text amendment to the current language for ground signs which was currently amended in March 2006. Mr. Dave Shannon (applicant) with Color Sign Systems and Mr. Jay Eull, Vice President of Lake Community Bank addressed the City Council at the December 4, 2006 meeting. Mr. Eull informed the Council that they have been working with Color Sign Systems for a considerable amount of time to design their sign in conjunction with their logo, which is part of Lake Community Bank's trademark. However, it was only after Color Sign Systems applied for a sign permit on November 3, 2006 that the March 2006 Ordinance came to their attention. The proposed light -background illuminated sign is currently in place while the Variance application is considered. Both Mr. Shannon and Mr. Eull have agreed to remove the light -background illuminated sign if the variance is denied. Attached for Reference: Exhibit A Color Rendering of White Sign Exhibit B Color Rendering of Brown Sign . Exhibit C Letter from City Attorney Mike Couri 21 HISTORY The applicant is requesting a white background to match Lake Community Bank's • trademarked logo and feels the logo and lettering will not read to traffic if the dark background is enforced. The applicant and property owner feel that the Zoning Ordinance is creating a trademark infringement because the dark -background alters the appearance/colors of the company logo. According to the memo sent by City Attorney Couri (Exhibit C), there is no clear controlling law in the 8th Circuit Court, which is Minnesota's jurisdiction, on whether a city's ordinances requiring a business to modify its logo on an outdoor sign constitutes a violation of the Latham Act for trademark protection. The issue on trademark violation has arisen in the 9th Circuit Court on the West Coast and in the 2nd Circuit Court on the East Coast with the separate courts taking different sides. In the 9th circuit, the court ruled that a city's ordinance requiring a different color logo in an outdoor sign than the color trademarked constituted a violation of the Latham Act. In the 2"d circuit, the court ruled that requiring a change in the company's logo color did not constitute a violation. Because of the uncertainty of the 8th circuits decision Attorney Couri is recommending that the City's change the Ordinance in a manner that would not require a change in color of a company's logo, but would achieve the same result of reducing the glare coming from on premises signs at night. VARIANCE is The applicant is requesting a variance from Section 10-7-8 A.3: Subd. i Ground Signs. In business districts, ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted. In accordance with Chapter 10-7-9 of the Zoning Ordinance, variances are allowed where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the Sign Ordinance, the City Council has the power to vary the requirements of this chapter in harmony with the general purpose and intent hereof, so that the public health, safety and general welfare may be secured and substantial justice done. The request and conditions of the variance are not unique to this particular business. Since the Ordinance was requested by and approved by the City Council, Albertville has seen several new businesses come into the community and alter their signs to fit the requirements of the Ordinance. Also allowing the variance for the sign may start other businesses to question the validity of the sign requirements they were held to. The Ordinance was established by the Council to reduce the negative visual impact large white signs had on the City at night. We do not feel that enforcing this Ordinance would be providing an undue hardship for the applicant in review of the following: 22 1. There are no special conditions unique to the property. Several businesses have come into the community seeking the same requests as the applicant, but have been able to follow the current ordinance. Therefore, the ordinance is not denying the applicant the rights other business owners have had after the ordinance was approved. 2. The applicant has illustrated the ability to create a sign that would follow the Ordinance (Exhibit B). 3. We feel that the hardship would be solely economic in nature. A portion of the economic hardship would have been caused by the applicant due to the applicant creating a non -conforming sign prior to the receipt of an approved sign permit. 4. Granting the Variance will give special privileges to the applicant, which is denied by the Ordinance to other business owners in the same district. Recommendation We feel that the request of the Variance lacks the ability to present a hardship imposed by the current Ordinance. Therefore, our recommendation is to deny the Variance and seek a Zoning Ordinance Text Amendment to resolve any possible trademark violations. ZONING ORDINANCE TEXT AMENDMENT The applicant has not proven to have favorable conditions for a variance; therefore, the City's alternative is to allow them to apply for a text amendment to change the Ordinance as requested by the City Attorney. The Ordinance in question is Section 10-7-8 A.3: Subd. i Ground Siqns. In business districts, ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted. This language was approved by the City Council on March 6, 2006 after the City Council had requested the addition of the language to the Ordinance. ('Option 1 — Repeal Section 10-7-8 A.3 Subd. j of the Albertville Sign Ordinance and allow all light -background signs. Gs�Option 2 — Limit signs with light -backgrounds to be illuminated at a low ambient level of 0.4 foot candles measured 10 feet from the sign face. The measurement shall take place in a controlled environment so not to be effected by surrounding light sources. 23 The measurement shall be verified by the manufacturer and measurements details shall be submitted with the sign permit application. • Recommendation While Option 2 would be a possible solution to replacing the Ordinance currently in place, it could also prove to be impractical to measure and enforce. Completely repealing the Ordinance leaves the City with the same struggle with light -background illuminated signs they had in the past. We would like to have the input of the Planning Commission and the City Council to determine how the City would like to progress. cc. Mike Couri Bridget Miller Adam Nafstad Jon Sutherland Applicant: Dave Shannon, Color Sign Systems, Inc, 11096 61st Street NE, Albertville, MN 55301 Owner.' Lake Community Bank, Attn. Jay Eull, 11120 57th St NE, Albertville, MN 55301 24 GROUND SIGN 9•! t" X !LAAE WHITE PAN FORMED FACE COMM N WITH APPLIED LOGO a•a ; SERVICE DOORS ON BOTH ENDS OF CABINET 12",1W'I SHAZAM ATMan a: (.1 19 x 6•8" ILLUMINATED ATM PANEL STONE VENEER TO MATCH BUILDIND i i Ji r. P.O. Box 124 n Albertville Mn 55301 i i®1Li�R SIG%iY81 S, $%C. i Bus: 763.437. ! 374 e a= cs Fax: 763.497.1375 IMPORTANT NOTICE- " ` 51 NNO NO Ou SC.AII narl This Is a proprietary design of Color Sign Systams, Inc., designed 1 7407D.1 i)i 5f 16 =F 10. LL 06 specifically for this project. It is Illegal and unethical to distribute (.t.iFN'r LAKE COMMUNITY BANK DISP. N•IGR. DLSIGNEIi CHKKED BY SHANNON ERICKSON to an other ends for co y y copy or use. This design cannot be used LOCATION CLIFNT APPROVAL CLIENT P-00 without the written consent of Color Sign Systems, Inc. ALBERTVILLE, NIN 25 EXHIBIT A GROUND SIGN 9'1 l" IMPORTANT NOTICE: This Is a proprietary design of Color Sign Systems, Inc., designed specifically for this project. It is illegal and unethical to distribute to any other entity for copy or use. This design cannot be used without the written consent of Color Sign Systems, Inc. eoo€�o '000eooe P.O. Box124 o e a o 0 40 a 9 coLo R SIGN SYSTAlbertville Atn $5301 F I11IG biS, •see Bus: 763.4071374 o rr A e e o n Fax: 763.497:1375 SIGN NO, NOJOt SCALE DATCs T-7407D.2 1/1 5116"al' 11.21.06 CIJENT DIS1: MGR. OF -SIGNER CHWI( ) By LAKE COMMUNITY BANK SHANNON • ERICKSON LOCATION CLIENT APPROVAL CLIENT ROO ALBERWILM MN EXHIBIT B Ibertvi� Building Department 5975 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301 smor Town UWn9. et acy ufs. Phone: 763-497-5106 • Fax: 763-497-2068 DATE: January 18, 2006 TO: Jon Sutherland, Building Official Al Brixius, City Planner Mark Kasma, City Engineer Mike Couri, City Attorney Steve Long, Fire Department Scott Futrell, Futrell Fire FROM: Bridget Miller, City Clerk Tori Leonhardt, Permit Technician REF: State Bank of Long Lake Site and Building Plan Review Application — Case# 2006-03 Date Filed: 1/17/06 Lot 1, Block 1 Albertville Crossings 3'd Addition Pages Included: A1, C1, C2, Lot Survey, L1, PE1, A2.Iand A3 Please find the attached plans and Site and Building Plan Review Application from HTG Architects for State Bank of Long Lake. Let contact Bridget or myself if you have any questions. TL A.,,lbertvillE 5975 Main Ave NE P.O. Box 9 Albertville, MN 55301-0009 (763) 497-3384 fax (763) 497-3210 DEC 1 2 2006 ,z_ 1.1-�r-'ectiOT s RECEIVED STAMP DEVELOPMENT APPLICATION Case No:��0� Base Fee: Escrow Amt: 00Pd. Date Filed. Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the City Clerk and prior to acceptance of required processing fees/deposits. Type of Request(s): Zoning Site and Building Plan Review Comprehensive Plan Zoning Text Amendment Rezoning , ' Variance �i wx)r\ � Conditional Use Permit Interim Use Permit PUD Concept Plan/Amendment PUD Rezoning or PUD/CUP Subdivision Minor Subdivision/Consolidation Preliminary Plat Final Plat Subdivision Grading Plan Other STAFF MEETING DATE: PLANNING COMMISSION DATE: 1 W p'] PROJECT PLANS DUE DATE: Z CITY COUNCIL DATE: Address of Subject Property: Name of Business: Legal Description of Property (attach additional sheet if necessary): Lot: Block Plat# Subdivision: PID# Current Zoning Classification (circle): Al A2 R1-A R1 R2 R3 R4 R5 R6 R7 R8 RMH B2 62-A B3 B4 BW 11 12 P/I Owner: Name. 444gg- 422d,.ye - EgLj Address. ,ter City. State. "A.) Zip. 63-o'0/ Telephone (Home). Z4W31 -�(Business)M3,3/-36-80 (Fax) Applicant (If other than the owner): Owner: Name. efml _ Stis77rs; .22,r- Address. /l6yd /, . r Sa,,-F Lgx city. State. � o Zip. Se��/ Telephone (Home). (Business) JW) 447- /37y (Fax) Description of Request(s): %j 'Wwad 24<re'yal EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts: Reason Why Request Should Be Granted: ADu dv/J A%6 iv W /- &Aa Existing Use of the Property / Nature of Facility or Business: 10krAiL P.>AJL If a request for planning/zoning action on the subject site or any part thereof has been previously sought, please describe it below: What? A*A,rt& e4c When? Project Name, if applicable: I hereby apply for the above consideration and declare that the information and materials submitted with this application are in compliance with City Ordinance and Policy Requirements and are complete and accurate to the best of my knowledge. I understand that the application will be processed for the next available meeting agenda after review of the information submitted to determine if any other data is needed and after completion of a staff report. I understand that all City incurred professional fees and expenses associated with the processing of this request are the responsibility of the property owner and/or applicant and should be promptly paid. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. If the property fee owner is not the applicant, the applicant must provide written authorization by the owner to make application. Signature(s) of Own Date: ltln' 4 Date: Signature of Applicant(s): Date: /ZT/z D Y Date: Approved _ Denied by the Planning Commission on: Date: Approved _ Denied by the City Council on: Date: Distribution City Planner: Building/Zoning Official: Fire De t.: City En ineer: Public Work/Parks: Other: i 2 Building Department A�Ibcrtviilcgp 5959 Main Avenue NE • P.O. Box 9 •Albertville, MN 55301 smon Town Living. Big city Ufa. Phone: 763-497-3384 • Fax: 763-497-3210 DATE: December 13, 2006 TO: Jon Sutherland, Building Official Al Brixius, City Planner Adam Nafstad, Assistant City Engineer Mike Couri, City Attorney FROM: Bridget Miller, City Clerk Tori Leonhardt, Permit Technician REF: Case # 2006-24 Minor Variance for Signage Lake Community Bank 11102 571h Street NE Plans Included: Original Ground Signage Proposal and Sign Proposal that City will allow (per applicant). Please find the attached plans and Minor Variance Application from Color Sign Systems, Inc for the signage to be located at Lake Community Bank for your review and comments. Please address comments to Jon Sutherland and Al Brixius. Let contact Bridget or myself if you have any questions. TL 9: PAN 291M ■ nes0► ,...: I TO: Larry Kruse / Jon Sutherland FROM: Alan Brixius DATE: October 27, 2006 RE: Albertville — Albertville Crossings/Midland Shopping Center FILE NO: 163.05 Background On October 6, 2006, the City was contacted by Jolene Forsberg from Artisan Salon in Albertville Crossings. She is concerned with the parking and traffic circulation patterns at the entrance to her business. Ms. Forsberg states that traffic from her neighboring tenant, the dance school, has congested the parking lot to the extent of it becoming unsafe. Ms. Forsberg has suggested that the City re-evaluate a parking lot connection between their lot and the Midlands Shopping Center to the south. History In December 2003, as the Midlands Shopping Center was being considered for development. City staff recommended that cross access easements be established between the two properties. Midlands Development Inc. explored connecting the two sites with a driveway with Gary Janish, then owner of Albertville Crossings. Mr. Janish stated that he would grant the cross access easement with the following conditions: 1. That Midlands pay for the cost of curb cuts and replacing the curbs and paving. 2. That Midlands implement an exclusion on their property that would restrict Midlands from leasing to anyone with a business competing with any that Mr. Janish already leased to. Mr. Janish indicated that the cross easement benefiting Midlands but not him. Midlands agreed to condition #1 but not to condition #2. Mr. Janish did not grant the cross access easement. When the Midlands application went to City Council for consideration in January 2004, the City Council did not require the cross easement at the request of the applicant and Mr. Janish. Recommendation Past lack of cooperation between property owners stopped a good idea. The parking lot connection between these two retail buildings would be beneficial to both. The City has no authority to require these properties to be connected. However, we would be supportive of this connection if both properties were in mutual agreement and presented a plan that demonstrated that the driveway connection would work. The new owners of Albertville Crossings should contact the Midlands owners and determine if this connection is practical, how it may be engineered, and how it may be paid for. The City would need to approve an amendment site plan, cross easement documents, and maintenance agreements. c: Bridget Miller Mike Couri Adam Nafstad 2 lbertvi � Building Department 5975 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301 smog Town ur,,,9. 019 City Ufa. Phone: 763-497-5106 • Fax: 763-497-2068 DATE: February 24, 2006 TO: Jon Sutherland, Building Official Al Brixius, City Planner Mark Kasma, City Engineer Mike Couri, City Attorney Mayor Don Peterson Council Member LeRoy Berning Council Member Tom Fay Council Member Ron Klecker Council Member John Vetsch FROM: , T on Leonhardt, Permit Technician REF: Building and Site Plan Review — State Bank of Long Lake Application for March 6`h City Council Meeting Plans included: Site Plan, Survey, Landscape Plan, Civil Plans (2), Floor Plan, Exterior Elevations, Lighting Plan of site with photometric. Please find the attached plans, pages listed above, from the State Bank of Long Lake for your review. Please contact Bridget or myself if you have any questions. TL A _0 zal A I bei+ RECEIVED JAN 17 2bud' RECEIVED STAMP DEVELOPMENT PERMIT APPLICATION 5975 Main Ave NE Case No: dOO (0— 0_11) P.O. Box 9 Base Fee: D A0C) 0 C) -�� Albertville, MN 55301-0009 Escrow Amt: 000 Pd. (763) 497-3384 fax (763) 497-3210 Date Filed: 0 Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the City Clerk and prior to acceptance of required processing fees/deposits. Type of Request(s):. Zoning Site and Building Plan Review Comprehensive Plan Zoning Text Amendment Rezoning Variance Conditional Use Permit Interim Use Permit PUD Concept Plan PUD Rezoning or PUD/CUP Subdivision Minor Subdivision/Consolidation Preliminary Plat Final Plat Subdivision Grading Plan Other STAFF MEETING DATE: lIZ-2-0-0s PLANNING COMMISSION DATE: PROJECT PLANS DUE DATE..- I- 1-7-C) CITY COUNCIL DATE: '3- 2 0 Address of Subject Propi Name of Business: Legal Description of Property (attach additional sheet if necessary): Lot: I Block —Plat# Subdivision: IQIVQ5IL16 PID# S go A&1+1,0Y) Current Zoning Classification (circle): Al A2 _E�1-A RI R2 R3 R4 R5 R6 R7 R8 RMH B2(B2-A)B3 B4 BW 11 12 P/I Owner: Name. e Address. City. _Jec TeleDhor Applicant (If other than thn o�Tnerl- r Owner: Name. rV I i Address. 7a—ew c I /�_/ e City. - 'e, b) / �-/ e State. Telephone (Home). - (Business)?,5 P,b I k � I? -� Zip. 56-3Y7 'Fax Description of Request(s): 51 �e Pld ri d )501011 7 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, li ht, smoke/odor, arking and d sco''be th steps to en to mitigate or eliminate the impacts: A ir' a,�1 !V3 if a Rea on Why nest Should Be Granted:` ✓ eCt /Y!� 7`5 ,///kemel) , bIt i S ,� cf C ss 1 E'r►51 1 htotirh� rpS Cep 7-wcf'51 fe . Orrn Wa J f� T Idc�c� Existing Use of the Property / Nature of Facility or Business: 111deYe '6 -ci If a request for planninglzoning action on the subject site or any part thereof has been previously_ sought, please describe it below: What? When? Project Name, if applicable: 1 hereby apply for the above consideration and declare that the information and materials submitted with this application are in compliance with City Ordinance and Policy Requirements and are complete and accurate to the best of my knowledge. 1 understand that the application will be processed for the next available meeting agenda after review of the information submitted to determine if any other data is needed and after completion of a staff report. I understand that all City incurred professional fees and expenses associated with the processing of this request are the responsibility of the property owner andlor applicant and should be promptly paid. if payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. If the property fee owner is not the applicant, the applicant must provide written authorization by the owner to make application. Signature(s) of Owner(s): Date: A— lel Date: Signature of Applicant(s): Date: i-17 Q67 Y'Ch Il PC Date: Approved Denied by the Planning Commission on: Date: Approved _ Denied by the City Council on: Date: Distribution City Planner: Building/Zoning Official: Fire Dept.. City Engineer: Public Work/Parks: Other: F T 0 jU sI cz Q t5 ti co Lu uj 'It Z O 4 Q cc U W J cc F. m J Q H N W s H O s O z Tr Q Q J E- C� O Z � O W J Z � Z O LL uj le Z J Q m H W W co Q o0 W to Q H N W F-- O U) O z Q Q J �- O O z Cl) O W J z � Z O 2 LL Y. z J Q > m F— W W cl) Q m Q J W Q