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4.1 BASR 01-08-2013 ilk REQUEST FOR ACTION River TO ITEM NUMBER Board of Adjustment 4.1 AGENDA SECTION MEETING DATE PREPARED BY Planning January 8, 2013 Jeremy Barnhart,Planning Manager ITEM DESCRIPTION REVIEWED By Request by Scott Powell for Variance to Sign Requirements, Public Hearing—Case No. V 12-02 REVIEWED BY ACTION REQUESTED Staff recommends denial of the variance application. Should the Board of Adjustment and/ or City Council approve the variance, staff recommends the following conditions 1. Subject to the approval of the conditional use permit allowing the oil express. 2. Subject to the expiration of the 10 day appeal period 3. Subject to the platting of the Plat of Jabez. Applicant Cornerstone Auto Resource Location/Address 17219 Highway 10 60 Day Rule The City must take action by January 21, 2013 OVERVIEW Cornerstone Auto is converting their existing car wash building to a combination car wash/ oil change building. See planning application CU 13-01. Cornerstone Auto Resource is requesting a variance from the sign requirements. The ordinance allows "two wall signs, not to exceed 200 square feet total per occupancy." The applicant,in his narrative, asks for 212 square feet of additional signage. The applicant further notes that they are "willing to forgo a 150 square foot free standing sign". As proposed, total signage would equal 484 square feet of signage, a variance of 284 square feet. The signs are desired to promote the new oil express operations in the same building. ANALYSIS The car wash/ oil express building serves as an accessory structure/ use for the principle car dealership use. This building was planned and constructed as part of the Cornerstone Auto master plan, approved initially in 2006. This building is not permitted its own free standing sign,because freestanding signage is allocated based on the frontage of a lot in the district;based on the approved plat, this building would not be located on its own lot. (See also plat file p 12-04.) rWERED e r NATURE Case File:V 13-01 Cornerstone Sign variance Page 2 In 2007, as part of the original construction of the car wash building, two "Car Wash" signs were installed, each one 4 feet by 36 feet, or 136 square feet. In addition to these signs,which are on facades adjacent to 171"and Highway 10/ 169, the applicant proposes adding the phrase "Oil Express &". The proposal in square feet,in table form: Existing Proposed Total Highway 10 136 176 312 171st 136 36 172 Total 272 212 484 The existing 272 sq ft are considered `permitted,non conforming' and are allowed to continue. If the variance is not approved, the business is still allowed 272 sqft. The additional text brings the signage well over double the maximum allotted for the `business'. BACKGROUND/PRECEDENT In April, 2006, the City Council approved Elk River Fords (nka Cornerstone Auto Resource) expansion and platting project, which included a consolidation of several parcels, expansion to the existing car dealership, and construction of a car wash facility. APPLICABLE REGULATIONS Variance Criteria The petitioner has the burden to prove practical difficulties (items 3-5 below). A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. Staff Response 1. The sign regulation establishes appropriate limits as to number and size of signage,which are applied equally, to everyone. This balances the business goals with community goals. This proposal increases by more than doubles the amount of wall signage allowed. Staff Response 2. The applicant implies that under the older ordinance, they would be allowed 300 square feet of signage. True,but the ordinance applied signage to the lineal frontage of the building. The facade facing Highway 10 would be allowed 242 sqft (2 sqft per 121 feet of frontage). The sign facing 171"would be allowed a maximum of 176 sqft, although one or both of these would have been altered to fall under the 300 sqft maximum. Staff Response 3. The petitioner makes several statements that the signage would not be visible from Highway 10, 550 feet away. This is not true. In fact,in the evening, the signage can be easily read from as far away as Highway 101, on the west side of the Mississippi river. (2) The variance is consistent with the City of Elk River Comprehensive Plan. Staff Response 1. The petitioner states that the variances is consistent with the City of Elk River Comprehensive Plan because the Comprehensive Plan anticipates that Highway businesses need highway visibility to succeed. This is true,in the sense that businesses relying on highway traffic are located along highways. A property owner is permitted to put N:\Departments\Community Development\Planning\Case Files\Variance\V 13-01 Cornerstone Auto\V 13-01 Cornerstone Auto SR to PC 1-8- 13.docx Case File:V 13-01 Cornerstone Sign variance Page 3 their building anywhere on the property not within the setbacks. The petitioner chose to place this accessory structure away from the front of the lot. Staff Response 2. More directly, the Comprehensive Plan discusses signage in the Community Image section of the Plan. Specifically,it states: "Without public guidance, business signs can diminish the overall image of commercial districts and corridors." The plan continues: "Local ordinances should seek a balance between private and public objectives. At a minimum, the size and appearance of signs should not detract from a positive community image." The City completed a comprehensive review of the sign ordinance in 2009 which further refined signage regulations, the result being a sign ordinance that encourages commercial communication,but while maintaining the cities community image goals,balancing private and public objectives. A major departure from these regulations (an increase in signage from 200 sqft to 484 sqft) cannot be viewed as consistent with the 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; Staff Response 1. The petitioner states that the variance request is "slightly larger than permitted..." This is an opinion. In fact, the increase is almost 1.5 times what is allowed. The use of the property is a car dealership,with accessory car wash and (if permitted) oil changes. A 2009 review of the sign ordinance confirms that an adequate amount of signage is allotted to the business. Staff Response 2. The petitioner cautiously suggests that these two businesses should get their own 200 square feet of signage. It should be noted that this is an accessory building; accessory to the principle business, the car dealership. By definition,the functions of this building is to support the operations of the car dealership, and cannot be considered separate businesses. (4) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The petitioner does not make an argument that the lot is unique. His argument is that they could add a free standing sign (which they could not,unless a variance is granted), and that the variance for the larger building sign makes more sense from a recycling standpoint. Staff appreciates the need to recycle,but a recycling argument does not meet the property uniqueness argument. (5) The variance, if granted,will not alter the essential character of the locality. Staff Response 1. In the Highway Business District, the character is established by wide setbacks, expansive parking lots, and signage. Significant departures from the ordinances that define these characteristics cannot help but alter the locality. N:\Departments\Community Development\Planning\Case Files\Variance\V 13-01 Cornerstone Auto\V 13-01 Cornerstone Auto SR to PC 1-8- 13.docx Case File:V 13-01 Cornerstone Sign variance Page 4 Staff Response 2. "Essential character" can be difficult to quantify. In reviewing changes to the character, often a commission is looking for a single event that will change the character. These single events are common,yet subtle. It is the erosion of minimum standards over time, the reluctance to replace dead trees,replace broken windows, and the approval of 284 sqft variances that alter the character of an area. (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. While not said,it is certainly understood that the petitioner desires to further utilize their investment of the Car Wash sign by merely adding onto it. This is an economic hardship imposed on the petitioner by the petitioner,and relief from the ordinance via a variance is not appropriate. ANALYSIS Recall that this property is allocated 4 free standing signs,plus two freestanding"area identification signs". This variance is for additional signage,not signage. If the variance is not granted, the petitioner may install up to 200 square feet of signage. This property has been the recipient of 4 sign variances and 2 ordinance amendments (menu boards and free standing signage) since 2006. ATTACHMENTS ■ Location Map • Applicant's Narrative • Building elevations Action Motion by_ Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\Variance\V 13-01 Cornerstone Auto\V 13-01 Cornerstone Auto SR to PC 1-8- 13.docx TCE"-ORNEKSTONE Auto Re5OLI rce MEMORANDUM To: Mayor, City Council and Planning Commissioners From: Stephen Rohlf, Cornerstone Auto Resource Date: November 28, 2012 Subject: Conditional Use Permit and Variance Request - Cornerstone Auto Resource In an effort to stay profitable and better serve our customers (a more competitive 30 minute oil change) Cornerstone Auto Resource is proposing to change our detail shop into an oil change facility. The car wash will remain, but details will be subcontracted out. Requests Conditional Use Permit Cornerstone auto resource is requesting a conditional use permit to allow a change of use from a detail center to a"Motor Vehicle Specialty Shop". A site plan of our entire campus, an enlarged site plan of the current detail/car wash building and plan of the proposed interior layout of this building are attached. Modifications to the building to accommodate this change of use are very minor and include: Customer Waiting Area A 12 foot long non-bearing wall that currently separates an existing office area and the detail shop will be removed to expand that office into a 16' x 24' "Customer Waiting Area". The new walls of the Customer Waiting Area will be sheetrock with windows for customers to view their vehicle being worked on and the floors will be tile. An enclosed hallway to the restrooms will be constructed of the same materials. Shop A 21' x 39' area in the southwest corner of the detail shop that is currently being used as a photo booth will remain devoted to that use. A small irregular shaped room will be used as screening for bulk storage tanks. There are nine doubled walled tanks (one of which is 500 gallons and the others are 280 gallons and one plastic tank for windshield washer fluid) and equipment like the break lath. Five hoists and an alignment rack will be installed. Wet Area Finally, a wet area for cleaning sold vehicles prior to delivering them to customers will still be needed in this building. This work will be done in the southeast corner of the former detail shop where it is currently being conducted. The walls of tank area will be used to deflect water overspray from this wet area. Variance We are opening a new business and we are asking for 212 total square feet of signage. We are requesting an additional 176 square feet facing Highway 10 that states: "Oil Express &" and an additional 36 square feet stating the same thing facing 171st Avenue. A business is allowed 2 walls signs for a maximum accumulation 200 square feet. We are willing to forego a 150 square foot freestanding sign to gain the additional 12 square feet. Drawings of the proposed signage are attached. Currently there are two wall signs on the building made up of individual internally lit red letter that say"Car Wash". The two existing"Car Wash" signs measure 4' x 36' or 144 square feet each. These existing signs met the city's requirements when they were put up (two walls signs per occupant for a maximum accumulation of 300 square feet). Their combined square footage is 288 square feet so now they are 88 square feet out of compliance with the city code as it exists today. Standards for granting a variance: 1) The variance is in harmony with the general purpose and intent of the ordinance We content our request is in harmony with the general purpose and intent of the ordinance. There is no issue with the type and placement of our proposed signage, only the size. One of the stated purposes of the City's sign regulations is to recognize the commercial communication requirements of all sectors of the business community. We are opening a new highway business in a Highway Commercial zone. Highway visibility is critical to our business. The few square feet we are requesting in addition to what the ordinance provides will allow us to be seen from Highway 10. Foregoing the square footage of a freestanding sign, we feel, keeps us within the general intent of the ordinance as far as the physical dimensions, while staying with the dimensions of the existing signage on the building. 2) The variance is consistent with the City of Elk River comprehensive plan The comprehensive plan shows the property in question as Highway Business and it has been zoned Highway Commercial. We are proposing a highway commercial business that needs highway visibility to be successful. The comprehensive plan doesn't guarantee the success of a business, but nor would it anticipate the failure of a business due a minor variation of the ordinances that are meant to implement that plan. The signage variance will give this business the highway visibility it needs. 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance Our proposed use of this building makes sense with the area and it has a clear sightline to the highway, it just needs slightly larger signage than permitted to be seen. Due to the large set back from Highway 10, which is the proposed business's traffic generator, it seems reasonable to have signage that is large enough to be read from this roadway. In addition, staff will probably view this building as one business, but both the car wash and the oil change facility need to be advertised to be successful. It could be argued that they should both be allowed 200 square feet of wall signage. 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 We could add a freestanding sign, but does that make any more sense than placing the sign on the building. We could also remove the existing wall signage and replace it with a 200 square foot sign with both Oil Express & Car Wash on it, but it would be impossible to read from highway 10. In addition,the existing wall signs cost$16,000 when they were put up. In a time when we are all promoting recycling, it seems like an incredible waste to throw these signs out, which are unlikely to be reused by anyone. It would take the recycling of a lot of pop bottles to make up for these signs. 5) The variance, if granted, will not alter the essential character of the locality. The neighbor adjacent to the larger sign facing Highway 10 is our car lot and it doesn't bother us. The sign facing 171St, although it probably does have some advertising benefit, is mostly to let people know where to turn and it has been reduce in size. If granted, this building will have less wall signage per square foot of building wall than some of our neighbors with multiple tenant buildings. Granting this variance will not alter the essential character of the locality. . I r 1 1 t ti '/ y l ■ ■ & OIL scpR ,/ mr) ( ,,, ;:irt, 1 ' -- __- r d itliNkl -= "re .• '...y. ,,-` X14. .,... .•..... 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