Loading...
01-08-2013 BA MIN • SPECIAL MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY,JANUARY 8, 20I 3 Members Present: Chair Anderson, Commissioners Westberg,Johnson,Keller,Keefe,and Konietzko Members Absent: Commissioner Bell Staff Present: Planning Manager Jeremy Barnhart,Planner/Park Planner Chris Leeseberg, and City Clerk Tina Allard 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 1/8/13 Board of Adjustments Agenda Item 2.1 Oath of Office was added to the agenda. MOVED BY COMMISSIONER KELLER AND SECONDED BY COMMISSIONER WESTBERG TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 110 2.1 Oath of Office - Ms.Allard administered the oath of office to Commissioner Keefe. 3. Consider 11/13/12 Board of Adjustments Minutes MOVED BY COMMISSIONER JOHNSON AND SECONDED BY COMMISSIONER KELLER TO APPROVE THE NOVEMBER 13,2012, BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 6-0. 4. Consider Request by Cornerstone Auto for Variance to City of Elk River Land Use Regulations,Section 30-870—C3 Highway Commercial District—Signs,Public Hearing, Case No.V 13-01 Mr.Barnhart presented the staff report. He outlined the 5 requirements that must be met in order to approve a variance. Chair Anderson opened the public hearing. Steve Rohlf, 17219 Highway 10,representing Cornerstone Auto Resource-Stated the variance is essential because the business is located on its own separate parcel. Mr. Rohlf stated he is willing to give up a 150 square foot free standing sign.He stated he has two separate businesses in the building and they are not an accessory use to the car dealership. He stated when the signage for the car dealership was reviewed, this building was not • reviewed and that if it was truly an accessory building,then it should have been reviewed at the same time. Board of Adjustments Minutes Page 2 January 8,2013 He stated the current tenant(the car wash)has its own signage that should be grandfathered • in. He stated per city ordinance,each occupant in a building is allowed 200 square feet of signage. Mr.Rohlf stated he interprets the ordinance to mean he is only 12 square feet over the allowable signage requirements. He stated this signage would also allow visibility for Highway 10 traffic. He presented two photos showing the distance of signage from Highway 10 and felt it would be difficult to read.He stated he addressed the five standards for the variance in his memo attached to staff's report. He further stated Coborn's has signage for every business function they perform in their building. Commissioner Konietzko questioned if the car wash or oil change businesses have separate tax ID numbers from the dealership. Mr.Rolf stated he was unsure but that they are an umbrella corporation. He further noted that each business has to make or break it on its own. Chair Anderson closed the public hearing. Commissioner Westberg stated the proposed signage is larger than the one for the Jiffy Lube located by Wal-Mart. He further noted this parcel is set back away from Highway 10 and provided the example of Sportech and whether they should really have a sign where they can be seen from Highway 10,when they don't have highway frontage. He stated the applicant is not being denied from having a sign on the building and the previous variance granted should suffice to meet the signage needs for both businesses. Mr.Rohlf stated he would also be willing to throw in the removal of his Mahindra signs in • order to get the variance. Mr.Barnhart stated it is true this business is on its own property but the challenge for staff is the history of the property. He detailed the history of this plat. Mr.Barnhart noted the cost to plat a project is fairly significant and the city,working with the applicant in good faith,allowed the construction of this building on this parcel knowing the applicant would plat the whole campus in the near future. He stated six years have passed and now it's being argued that this parcel is its own separate lot. He stated it is true the Planning Commission approved the plat that would allow this building,but the building is technically illegal because there can't be two principle structures on a single lot. He stated staff is classifying this as an accessory building. He stated the other challenge to this is that it is a non-conforming lot and doesn't have the required frontage on a public street. He stated staff is operating as if this is a platted lot because it was what the applicant wanted and the Commission approved. He stated the applicant mentioned the free-standing sign could be used to advertise the car wash,which is true if it's one lot. If it is a separate lot the free- standing sign can't be used to advertise a business that is not on the property because then it would be considered a billboard and fall under the billboard requirements. Mr.Barnhart stated staff was working with the applicant on allowing them to grow their business during a time when business growth was stagnant. He stated the key part of a campus environment is that not every use gets a sign and the applicant chooses what needs to be advertised. He stated they are allowed 272 square feet of signage and the applicant can choose how to use the space. • Board of Adjustments Minutes Page 3 January 8,2013 • Mr.Barnhart stated one of the benefits of a campus setting is that a multitude of activities can be identified under an umbrella with one or two signs,citing Ridgedale as an example. He stated Coborn's is set up as a Planned Unit Development and can't be compared to a variance request. He further noted with a variance the applicant is getting a review of the request without a review of the whole plat. Commissioner Johnson questioned if Jiffy Lube would get a 200 square foot sign if they were to move to this location. Mr.Barnhart stated the building would get 272 square feet of signage. Commissioner Keller stated the city already granted the applicant 272 square feet of signage variance request. He further noted this request is by one owner who uses a changeable reader board to advertise all the business uses on his campus and he should be required to conform to the 272 square feet of signage. MOVED BY COMMISSIONER KEL ER AND SECONDED BY COMMISSIONER JOHNSON TO DENY VARIANCE V 12-02 AS IT DOES NOT MEET THE APPLICABLE REGULATIONS FOR VARIANCE CRITERIA AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-1. Commissioner Johnson voted against. 5. General Business There was no General Business. • 6. Adjournment There being no further business,MOVED BY COMMISSIONER KELLER AND SECONDED BY COMMISSIONER WESTBURG TO APPROVE ADJOURNING THE MEETING. MOTION CARRIED 6-0. The meeting of the Elk River Board of Adjustments adjourned at 7:14 p.m. Tina Allard Clerk Dana Anderson Board of Adjustments Chair •