7B, Planning Case 08-026 - Laserfiche WebLink

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In 1989 the properties were split; however the original site plan and approved CUPs are still in effect for both properties. The lot split; however, does make them separate parcels, and impacts the City's regulations regarding signage requirements. An amendment to the original CUP is required because of the exterior modifications that are proposed to the building and is not impacted by the new tenant, since the use of the building is not changing. Sie:nae:e Arby's Restaurant Group has not yet finalized their plans for a freestanding sign at the project location. The existing Burger King has a free standing pylon sign that is shared with the Kennedy Transmission businesses and is located on the adjacent property. Due to the City's off premise sign regulations, this sign became legally non-conforming when the lots split. Arby's has the option of replacing the Burger King sign face portion of this sign with their own logo, on the condition that the sign does not increase in size. They also have the option of constructing a separate monument style sign on the property where the Arby's is located, which would bring the property into conformance with the Sign Code. Either option will require a sign permit prior to the installation of the sign and must meet the requirements of the City's Sign Code. Plannine: Commission Comments The Planning Commission reviewed this application at their October 1, 2008, meeting. While the Planning Commission did not amend the recommended conditions of approval for the application, they did ask Staff to look into the feasibility of requiring the construction of a sidewalk along the Lexington Avenue right-of-way, or the funds to construct it at a later date. Staff consulted with the City Attorney who determined that there was no legal basis within the Zoning Code to require this as a condition of approval. Additionally, the Planning Commission raised a concern over the number of red awnings depicted in the proposed elevations of the building, particularly on the south side of the building. This side of the building will be substantially screened from view of adjacent property due to the privacy fence that will be constructed; however, Arby's did indicate they would be open to reducing the number of awnings on this side. The conditions of approval have not been altered, though the City Council has the discretion to require fewer awnings. Findine:s of Fact The Planning Commission offers the following twenty three findings of fact for review: General Findings: City of Arden Hills City Council Meetingfor October 27,2008 \ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-026 Arby's CUP Amendment (PC Approved) \102708 - CC Report - Arbys CUP Amendment. doc Page 2 of5