10.3 SR 07-01-2013 City of
EW REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 10.3
AGENDA SECTION MEETING DATE PREPARED BY
Worksession July 1, 2013 Chris Leeseber , Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Sign Request in Easement (Jerry's Autos 16854 Highway 10) Jeremy Barnhart,Deputy Director,
CODD
REVIEWED BY
ACTION REQUESTED
Per the Mayors request, staff is looking for direction from the City Council on what solution,if any,is
available for the sign/easement issue.
BACKGROUND/DISCUSSION
Jerry Minor,property owner at 16854 Highway 10, applied for a sign permit to install a new free standing
sign. Upon review of the application, staff noted the sign location was being proposed in a road
easement. Staff contacted the sign company to inform them that the permit could not be processed due
to the proposed location. Mr. Minor contacted the Mayor. Staff met with the Mayor to provide him
information on the sign and easement. Mayor Dietz asked that staff take this issue to the City Council to
review.
Ordinance
The city ordinance, Section 30-795 (7) states: Retaining 1ralls, structures orportion of structures (including
cantilevers)shall not be located P)ithin any easement.
Neighboring Signs
The three adjacent lots to the south and the one to the north all have signs setback similar to the
proposed sign. Staff believes most,if not all, of these signs are in a road easement. It is not known when
these signs were originally installed,if permits were approved, or what the ordinance stated when they
were installed.
These neighboring signs,if legally constructed, are allowed to remain in perpetuity. Illegally constructed
signs do not have the same protection.
Options
Staff has identified a number of options that would allow the sign permit to be issued at the location
desired:
1. Amend the ordinance to allow signs in road easements.
a. Not recommended. This could create problems in the future P)hen a roadproject is undertaken. Amending
the ordinance nvuld also affect all road easements, not just the one in question.
POWERED By
N:APublic Bodies\Agenda Packets\7-01-2013\Final\Done\LASERFICHE\x10.3 sr.docx INAMIRE1
2. Vacate the road easement in question.
a. The area is shown on the FASTplan as a future frontage road. Inparticulav, this road easement will be
utilised when the 4`b phase of the FAST plan ' implemented, and provides a vital link beta een controlled
intersections at 967`b and 971'for businesses in the area.
ATTACHMENTS
• Site Plan
• Survey
• Survey with Aerial Imposed
• FAST Exhibit
• Aerial of Subject Area
• Jerry Minor Email
• Photos submitted by Jerry Minor
Action Motion by Second by Vote
Follow Up
N:APublic Bodies\Agenda Packets\7-01-2013\Final\Done\LASERFICHE\x10.3 sr.docx
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Leeseberg, Chris
From: shortshotsl7 @aol.com
Sent: Wednesday,June 26, 2013 10:17 AM
To: Leeseberg, Chris
Subject: Fwd: Fw: Sign at 16854 Hwy 10
Attachments: Easementjpg; ROWjpg; Site_Plan.pdf, DSC04569.JPG; DSC04570.JPG; DSC04571.JPG
Here you go.
-----Original Message-----
From:Jerry's of Elk River<ierrysofer @sherbtel.net>
To: shortshots17 <shortshotsl7 @aol.com>
Sent:Thu,Jun 13, 2013 3:22 pm
Subject: Fw: Sign at 16854 Hwy 10
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Calibri; FONT-SIZE:
12pt}John: I took 3 pictures to show you the location of the existing signs in our business strip.The first shows the
Hitech,Jerrys of Elk River, and the Quilt shop/Truck Gear signs.The second shows Peterson Pools, and Broadwas signs.
The third shows the parking lot infront of Main Street Music and North Central Insurance.This is where the city wants us
to put the sign (on the blacktop on the opposite side of the white van in the picture) which is parking for those
businesses. I owned both of the office warehouses next to Jerrys of Elk River for many years and only used the one sign
for both. Last year I sold the end warehouse property( Cottage Quilts/Truck Gear building ) where the existing sign is
located on. The new owner wants to use the sign for his propertys and tennants only. Now there will be no signage for
Main Street Music and North Central Insurance. These are both small businesses and they need all the help they can
get.As we talked I have no problem with a clause in the permit stating the sign will be removed if there is a road change,
in fact if there is a road change all these businesses will be gone.Thiry and I have been in business for over 40 years in
Elk River and every time we call the city or need help its been a big road block. In fact my blood pressure goes up just
thinking about it. Personally I feel the city is anti business, but John I know you will always try to help us.Thank You!!
Jerry Minor
-----Original Message ----- From: ROBERT HAMMER
To: ierrysofer @sherbtel.net
Sent: Monday,June 10, 2013 11:26 AM
Subject: FW: Sign at 16854 Hwy 10
Bob's Sign Company
www.bobssignco.com
email: bobssignco @msn.com
Phone: 763-441-8021
1
From: CLeeseberg @ElkRiverMN.gov
To: bobssignco @msn.com
CC:JBarnhart @ElkRiverMN.gov
Subject: Sign at 16854 Hwy 10
Date:Tue, 4 Jun 2013 13:09:44+0000
Bob, Upon reviewing the sign request for 16854 Hwy 10,the location you are proposing is in the 50 foot easement. See
attachment label easement. What you have labeled on the site plan as easement is actually Hwy 10 right-of-way. See
attachment label ROW.The city ordinance does not allow construction in easements. If a new sign is to be constructed,
it needs to be out of easements and right-of-ways. Let me know if you have any questions. Thank you. Chris Leeseberg
Park
Planner-Planner763.635.1033 w 1763.635.1090 f13065 Orono Parkway I Elk River I MN 1 55330
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