3. BASR 11-13-2012 •Elk REQUEST FOR ACTION
River
To ITEM NUMBER
Board of Adjustments 3.
AGENDA SECTION MEETING DATE PREPARED BY
November 13, 2012 Jeremy Barnhart, Planning Manager
ITEM DESCRIPTION REVIEWED By
Consider Request by Cornerstone Auto Resource (Scott Powell)
for Variance to City of Elk River Land Use Regulations, Section REVIEWED BY
30-870—C3 Highway Commercial District- Signs,Public
Hearing—Case No. V 12-02
ACTION REQUESTED
Staff recommends denial of the variance application as the petitioner has failed to satisfy the practical
difficulties standard imposed by the state legislature.
Applicant Cornerstone Auto Resource
Address 17219 Highway 10
60 Day Rule The City must take action by November 25, 2012
IIOVERVIEW
Cornerstone Auto Resource is requesting a variance from the sign requirements. The ordinance allows
two wall signs, not to exceed 200 square feet per occupancy.
Cornerstone is proposing a total of 11 wall signs totaling 506 sq. ft. for the 7 different brands offered and
for the business umbrella (Cornerstone). Their proposal is outlined on page 3 of their memo dated
October 31, 2012, and is summarized here:
Ford (two badges, name plate) 108 sq. ft.
Chrysler badges (Chrysler,Jeep, Dodge and Ram&name plate) 262 sq. ft.
Kia badge and name plate 70 sq. ft.
Mahindra badge 66 sq. ft.
Cornerstone is arguing that their business (a car dealership) is composed of multiple occupancies,
including occupancies for Chrysler, Ford, Kia, and Mahindra. The zoning ordinance defines occupancy
as "the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use."
Emphasis added.
BACKGROUND/PRECEDENT
In April, 2006, the property owner received a variance approval,permitting an additional freestanding
sign along Highway 10. (At the time, two are permitted by right,per ordinance.)
IIIIn July, 2008, the applicant received variance approval to construct a second area ID sign.
Case File:V 12-02 Cornerstone Sign Variance
Page 2
In July 2009, the Council approved an ordinance amendment,which in part,was crafted to provide
additional signage opportunities for businesses configured like Elk River Ford. This ordinance allows 1
freestanding sign per 300 feet of frontage along a single street. The ordinance also requires a minimum
150 foot separation between freestanding signs. Based on the applicant's frontage of all lots of 1,208 feet,
they would be permitted 4 freestanding signs, although not all of the signs meet the separation
requirement. These signs are legal, non-conforming.
In November 2009,a variance for an additional wall sign was approved, for Mahindra. That variance has
expired as the sign has not been constructed within the required two years. (Section 30-365).
APPLICABLE REGULATIONS
Variance Criteria
This application is the third application reviewed by the Board of Adjustments after the City amended
its ordinance to reflect changes made by the state legislature in 2011. While these changes lessen the
standard necessary to grant a variance, the burden now shifts to the petitioner to prove practical
difficulties (items 3-5 below).
A variance may be granted by the Board only if it fords that:
1) The variance is in harmony with the general purpose and intent of the ordinance.
• 2) The variance is consistent with the City of Elk River Comprehensive Plan.
•Variances may be granted when the petitioner establishes that there are practical difficulties in
complying with the zoning ordinance. Practical difficulties means that:
3) The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance;
4) The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petitioner's own action or inaction;and
5) The variance,if granted,will not alter the essential character of the locality.
(d) Economic considerations alone do not constitute practical difficulties. Practical
difficulties include,but are not limited to,inadequate access to direct sunlight for solar
energy systems.
1. The variance as requested is not in harmony with the general purpose and intent of the ordinance,
which is to coordinate the type, placement, and physical dimensions of the signs....",while
"recognizing commercial communication requirements" and"encourage[ing] the innovative use of
design..." The sign regulation establishes limits as to number and size of signage. This proposal
increases by more than 5 times the number of wall signs allowed,and increases by more than double
the permissible amount of signage square feet.
If the Board feels that the amount of signage is appropriate, to more prudent response would be to
• initiate an ordinance amendment to address the issue.
N:\Departments\Community Development\Planning\Case Files\Variance\V 12-02 Cornerstone Auto\Request for Action.docx
Case File:V 12-02 Cornerstone Sign Variance
Page 3
2. The use of the property remains as highway business. The Comprehensive Plan does not speak to
41111 the signage patterns appropriate in a given district.
3. The petitioner must establish that practical difficulties exist in complying with the ordinance. The
petitioner makes two arguments. 1. The petitioner argues that each of the brands is its' own
business. The petitioner equates "business" to "occupancy". 2. The petitioner argues that each of
the 7 brands requires their own signage,and that he is forced to adopt their regulations.
Both of these are dangerous slippery slope arguments.
Argument 1. Signage is allowed based on the occupancy of the given use. The given use of the
property, and its occupancy,is an auto-dealership and auto service. A second occupancy is the
accessory car wash building. The four brands are not separate uses, they are all part of an auto
dealership. In the same way a grocery store does not have separate signage for Kellogg's and Proctor
and Gamble products, etc., or Ashley furniture has signage for Lay Z Boy and Broyhill and others, those
business choose their signage based on the umbrella business (Cub,Ashley Furniture).
Argument 2. Elk River,like many communities it's size, has a number of national and international
chains and franchises,including Wal-Mart, Home Depot,Pizza Hut, Menards,Wells Fargo,
Applebees, etc. Each of these businesses requires certain signage. None of these organizations
have required its'local owner to obtain variances from the effective city code. If the City were to
grant variances based on corporate requirements alone,which is the request of the petitioner, the
city will be unable to establish its own criteria for appropriate and reasonable signage, effectively
• eliminating the purpose and intent of the City Code (See #1 above).
In staffs opinion, the petitioner has not satisfied practical difficulties argument.
4. The plight of the petitioner is not due to unique circumstances. The use of a large parcel for
automotive sales is not unique in this district. The petitioner has failed to show that the variance is
necessary due to a plight unique to the property.
5. The petitioner is burdened with proving that the essential character isn't altered. Staff has received
no arguments to support this. It is staffs opinion that a variance will in fact alter the character of
the neighborhood. The extreme level of increase of the wall signage negates the goal of innovation
in design, and virtually encourages the sustained argument for more signage for all businesses that
sell more than one brand.
The highway business district specifically allows two wall signs; this ratio was reviewed as late as
2009. This regulation establishes the character of the district, and has been reviewed periodically,
and such a deviation from the regulation could not help but to alter the character of the locality.
ATTACHMENTS
• See Conditional Use Permit and Plat of Jabez Staff Reports dated November 13, 2012
Action Motion by Second by Vote
11111
N:\Departments\Community Development\Planning\Case Files\Variance\V 12-02 Cornerstone Auto\Request for Action.docx