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11-13-2012 BOA MIN • SPECIAL MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, NOVEMBER 13, 2012 Members Present: Chair Anderson,Commissioners Bell,Johnson,Keller,Knoitezko and Westberg Members Absent: None Staff Present: Planning Manager Jeremy Barnhart,Planner/Park Planner Chris Leeseberg and Recording Secretary Debbie Huebner 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Adjustments was called to order at 6:30 p.m. by Chair Anderson. 2. Consider 11/13/12 Board of Adjustments Agenda MOVED BY COMMISSIONER JOHNSON AND SECONDED BY • COMMISSIONER WESTBERG TO APPROVE THE NOVEMBER 13,2012 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 6-0. 3. Request by Cornerstone Auto Resource for Variance to City's Land Use Regulating relating to Signs in the C3 Highway Commercial District,Public Hearing—Case No.V 12-02 The staff report was presented by Jeremy Barnhart. The applicant submitted a variance to allow 11 wall signs totaling 506 square feet. He noted that the request for the Mahindra badge has been withdrawn,so the total signage requested is now 440 square feet. Mr. Barnhart reviewed the ordinance requirements, and explained that the applicant argues the site has three separate businesses at the site. The applicant states that signage requirements are placed on them by each of the brand"owners"and that Cornerstone will not be allowed to sell the various brands if they do not meet their sign requirements. Mr.Barnhart reviewed the variance criteria,noting that the applicant must provide proof of practical difficulties. Staff recommended denial of the variance since the request is not in harmony with the intent of the city's ordinance,nor does it satisfy practical difficulties. Chair Anderson asked if the pylon signage is also being reviewed. Mr.Barnhart stated no. He noted that the tower with the Elk River Ford Dodge Jeep Ram signage will be taken down. Chair Anderson opened the public hearing. Stephen Rohlf,representing the applicant(17219 Highway 10), stated that the signage on the 41111 tower to be removed totals 448 square feet;the Mahindra sign of 40 square feet in not Board of Adjustments Minutes Page 2 November 13,2012 needed, and the business sign to be removed is 40 square feet,for a reduction in existing signage of 528 square feet. Mr.Rohlf explained that the three businesses are separate • entities with separate sales and service personnel. He explained that each of the franchises require separate signage with branding requirements dictating the color and size of signage, and even the color of the furniture in their showroom area. Mr.Rohlf stated that he felt the hardship is that if they are not able to provide all the required signage, they will lose some of the business franchises. Mr.Rohlf stated that the letter from the Chrysler Group manager states that of the 15 states where they have the four franchises (Chrysler,Dodge,Jeep and Ram),they have never been restricted from having the four signs. Commissioner Konietzko asked if there will be separate showrooms for the four franchises. Mr.Rohlf stated yes. Commissioner Konietzko suggested the applicant provide the information to the city attorney for an opinion on the issue. Mr.Barnhart stated that other businesses would like to have separate signage for multiple businesses within a building. Mr.Rohlf stated that the businesses are three separate corporations which are paying rent. Commissioner Johnson asked the applicant how many licenses have been issued to them. Mr.Rohlf stated that he is not aware if it is one license or three licenses. Commissioner Johnson asked if all the businesses fold into the one corporation. Mr.Rohlf stated no,that they are all separate. Chair Anderson asked if signage on the reader board is up for discussion. Mr.Barnhart stated no. There being no one else to speak to this issue,Chair Anderson closed the public hearing. • Commissioner Bell asked how signage for Cub is related to this issue. Mr.Barnhart explained that CUB Foods is located in a PUD,and that other businesses within the building are not allowed to have signage on the outside. He stated they are allowed 2 signs, at 200 square feet. He stated it is up to the property owner how to disburse the signage. Commissioner Bell asked why Ashley Furniture,the Furniture Outlet and JoAnn Fabrics all have their own sign and are in the same PUD. Mr.Barnhart stated that there is a distinction between property in the C3 zoning district and a PUD. He explained that PUD's are negotiated and there is a"give and take". Commissioner Johnson stated that the applicant has a very powerful argument that the request meets the spirit and intent of the ordinances. He stated that overall, the applicant is getting closer to the allowed signage requirement with the reduction in signage area. Commissioner Konietzko stated that he felt an auto dealership is very different from other types of businesses regarding signage. Commissioner Johnson asked if a variance was really needed. Commissioner Westberg asked if the badges could be combined,or if a specific square footage is required. Mr.Rohlf stated that the franchises dictate what they require based on the elevations of the site. He stated that since there is no wall separating the businesses they are similar to a mall,with three separate entrances. Commissioner Westberg stated that he was in favor of trying to find a way for the signage to be approved. Mr.Rohlf stated that the Board of Adjustments has the authority to approve the variance. • Board of Adjustments Minutes Page 3 November 13,2012 Commissioner Konietzko asked why the tower is being removed. Mr.Rohlf explained that • the business is no longer that name and is now Cornerstone Auto Resource instead of the Elk River Ford Dodge Jeep. Mr.Barnhart stated that the applicant can choose to have more signs or fewer larger signs, but that there are already more signs than the four businesses. He stated that although the Mahindra sign is going away,he questioned what the next signage variance may be. He stated that business has already been allowed more free-standing signage due to the long length of highway frontage. Mr.Barnhart stated that the applicant has not satisfied the requirement that he demonstrate uniqueness. Chair Anderson asked if the ordinance needs to be looked at, since there has been variance after variance for this property. Commissioner Konietzko stated that he feels car lots are unique. He stated he is in favor of approving the variance to adjust the signage square footage to meet the current need. He stated that he often sees car dealerships with multiple signs. He stated that he could imagine a lot of confusion for the clients if they didn't know which area to go to for a particular brand of vehicle. Commissioner Westberg stated that an option would be to have window signage. He did not feel the city was imposing undue restrictions on the property. He stated he would like to see the applicant go forward and be successful. Commissioner Bell stated that he did not feel window signage is a good idea. He stated that is a unique situation and the applicant is asking for something unique. • Commissioner Westberg stated that he like the architectural design of the proposed addition. Commissioner Bell stated that when shopping for vehicles,he looks for signage to help identify where specific brands are available. He stated that he felt it makes sense to manage the business as one large dealership. MOVED BY COMMISSIONER KONIETZKO AND SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE REQUEST BY CORNERSTONE AUTO RESOURCE FOR A VARIANCE TO THE SIGN REGULATIONS TO ALLOW 440 SQUARE FEET OF ADDITIONAL WALL SIGNAGE. MOTION CARRIED 4-2. Chair Anderson and Commissioner Westberg opposed. 4. General Business—None 5. Adjournment There being no further business, COMMISSIONER JOHNSON MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Board of Adjustments adjourned at 7:23 p.m. Minutes prepared by Debbie Huebner. • Board of Adjustments Minutes Page 4 November 13,2012 ---../W2 - -. III a Allard Clerk 1AJA �� 'i 1.AE1 Dana Anderson Board of Adjustment Chair • •