3. BASR 07-09-2013 El REQUEST FOR ACTION
River
TO ITEM NUMBER
Board of Adjustment 3
AGENDA SECTION MEETING DATE PREPARED BY
Board of Adjustment July 9, 2013 Chris Leeseberg,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Consider Appeal Request by Decklan Group/Granite Shores Jeremy Barnhart,Deputy Director,
regarding the interpretation of sign regulations for free-standing CODD
sign in DD district (633 Main St), Case No.V 13-04 REVIEWED BY
ACTION REQUESTED
Staff recommends denial of the appeal that would allow a new freestanding sign in the Downtown
District (DD) based on the reading of Section 30-872, for the following reasons:
1. Freestanding and monument signs are not listed as allowed signs in the Downtown
District.
2. There are no regulations for the size, height, and setbacks or freestanding and monument
signs.
BACKGROUND
Staff received a permanent sign building permit application (2013-00727) on May 3, 2013 from the
Decklan Group (applicant) on behalf of their client, Granite Shores. The application was submitted after
conversations staff had with the applicant. Staff indicated that they would not be able to issue the permit
because freestanding and monument signs are not listed as allowed signs. The applicant believes
freestanding signs are allowed. Staff recommended they submit the permanent sign building permit
application, staff would then deny the application, thus giving the applicant standing to appeal. Staff
received the permanent sign building permit application from the applicant on May 3, 2013 and
responded with a letter, dated May 8, 2013, denying the application. The formal letter of denial was
reviewed by the city attorney.
Downtown District
Section 30-1026 (c) (7) allows signs as an accessory use as permitted in section 30-851 et seq.
Section 30-872 (b) (1) indicates prohibited signs (freestanding signs are not listed in this area)
Section 30-872 (b) (2) indicates one wall-mounted sign and one projecting sign shall be allowed. (no other
types of signs are listed as an allowed sign)
Permitted Uses
Ordinance are created and used to guide property by indicating what uses are allowed in certain zones.
Drafters of an ordinance cannot identify every conceivable use in the listings of permitted, conditional, or
prohibited uses. Items not listed are not permitted,unless a logical case that the use is consistent with
those listed. An extreme example: Heavy Manufacturing is not specifically listed as prohibited in the Single
Family Zoning Districts; this is not interpreted to mean that someone can operate a foundry in their
backyard. The same is true with the DD;just because freestanding signs are not specifically listed as
POVIERED BY
INATUPE
Case File:V 13-04 Granite Shores
Page 2
prohibited does it mean they can be installed. The DD does not list them as an allowed uses in any
manner. If it did,it would also regulate the size, height, and setbacks which it does not. The ordinance is
clear as to its intent and desire.
Freestanding vs. Monument Signs
The applicant is suggesting that staff has made its decision based on the definitions of the two sign types.
Staff indicated in their letter dated May 8, 2013 to the applicant that new freestanding or monument signs
are not allowed as a permitted, conditional, or accessory use as the only signage allowed by the city zoning
ordinance in the DD is wall-mounted and projecting signs. The definitions of the sign types are
irrelevant to the decision.
ATTACHMENTS
• Location Map
• Section 30-1026
• Section 30-872
• Appeal of Zoning Decision Application Project Narrative
• Staff letter to applicant dated May 8, 2013
• Building Permit
• Definitions
• Email from applicant to Wendy Simenson date July 2, 2013
• Chamber of Commerce letter dated June 18, 2013
• Decklan Group letter dated March 20, 2013
Action Motion by Second by Vote
Follow Up
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4 Case Number: V 13-04 Location Map DECKLAN GROUP/GRANITE SHORES 14‘
a 30-1024 ELK RIVER CODE
Sec. 30-1026. DD Downtown district.
(a) Purpose. As Downtown Elk River changes,
future preservation as well as any new construc-
tion should reinforce the general character and
quality of the existing downtown. The design of
new construction should take into consideration
the location of the proposed building(s) as well as
incorporate traditional design elements and tech-
niques that are currently represented in existing
structures.
Supp.No.28 0330:132
LAND DEVELOPMENT REGULATIONS §30-1026
The intent of the downtown district is to pre- dards for the approval of conditional use permits
serve this distinctive character with the appear- set forth in sections 30-651 through 30-659 of this
ante that there are multiple buildings that are chapter:
distinctly different from one another yet will
(1) Nonprofit clubs, lodges or halls.
allow a uniform mass of building with the appear-
ance of vertical separation.These standards shall (2) Licensed day care facilities.
be the framework for any new development and (3) Institutional uses.
designs shall strive for creative traditional archi-
tectural character, while clearly being an expres- (4) Commercial and residential parking lots
sion of the architecture of its own time. and ramps.
(b) Permitted uses. The following uses shall be (5) Multiple-family dwellings without corn-
permitted uses in the downtown district, subject mercial on first floor.
to the design standards set forth in subsections (6) On sale liquor establishments.
(e) and (f) and the site plan review process set
forth in subsection (g) of this section: (7) Commercial recreational facility, acces-
(1) Business and professional offices. sory to permitted or conditional principle
use.
(2) Financial institutions.
(8) Convenience store.
(3) Retail stores and shops.
(9) Funeral parlor.
(4) Personal service establishments.
(10) Single-family dwellings.
(5) Outpatient health care facilities.
(6) Multiple-family dwellings provided that
(11) Restaurants, (Class II).
business/commercial uses at street level (12) Governmental buildings and facilities.
occupy the floor.
(13) Produce markets.
(7) Hotels. (1.4) Sauna establishments.
(8) Restaurants, (Class I).
(15) Dry cleaning establishment.
(9) Public parks.
(16) Governmental offices.
(10) Physical recreation and training.
(c) Accessory uses. Accessory uses in the down-
town district are as follows:
(1) Off-street parking facilities.
(2) Off-street loading facilities.
(3) Telephone booths.
(4) Private recreational facilities.
(5) Public shelters and essential services.
(6) Sale of firearms.
(7) Signs as permitted in section 30-851 et
seq.
(d) Conditional uses. The following uses shall
be conditional uses in the downtown district,
subject to the design standards set forth in sub-
sections (e) and (f) and, the procedures and stan-
Supp.No.28 CD30:133
¢30-872 - ELK RIVER CODE .
Sec: 30-872. DD downtown district. (11) With the exception of individual letters,
only externally illuminated signs are al-
(a) Temporary signs as permitted,in section lowed,
30-851 et seq.
• (12) Monument signs shall not be allowed.
(b) Permanent signs.Signs should be designed Existing monument signs erected prior to
to fit with the character, proportions and scale of • the date of the adoption of this section can
the individual building and should complement, be rebuilt to the same size in the same
rather than compete with,the character of down- location.
town. (13) Aside from a date and name stone not
(1) Prohibited signs:back-lit signs•(excluding exceeding three square feet, no signage
individual letters),molded plastic cabinet shall be placed within the parapet panel
signs, smooth/flat plastic signs and signs area.
with strobe lights, flashing elements or (14) Window signs and temporary on-site signs
distracting actions. attached to or painted on a window may
(2) One wall-mounted sign and one project- not cover more than 50 percent of the
ing sign shall be.allowed on each primary window surface area.
facade and on one secondary facade,which (15) Portable signs shall be limited to unlit
does not extend above the roofline of an A-frame signs with a maximum height of
adjoining building. three feet and a total area of six square
(3) A total of one square foot of wall mounted feet per side.Such signs shall not obstruct
signage per one linear foot of unit width, pedestrian traffic nor impede vehicular
traffic.
not to exceed 32 square feet shall be
allowed. (16) Only one portable sign may be displayed
directly in front of a business at any given
(4) Wall-mounted signs shall not exceed 24 time and shall be displayed only during
inches in height nor project out more than business hours.
eight inches from facade.
(17) Street numbers must be prominently dis-
(5) Wall-mounted signs shall not be higher played at the main entrance to every
than the bottom of the stringcourse. business and be visible from the street.
(6) Projecting sign(s) shall not exceed six
(Ord. No. 09-06, § 2, 7-20-2009)
square feet in area,shall not project more
than four feet from facade and shall not
be thicker than six inches.
(7) A projecting sign shall project out perpen-
dicular from facade.
(8) Projecting sign and structural elements
shall not be lower than eight [feet] from
the sidewalk nor shall be higher than the
bottom of the sill of the second floor win-
dows.
(9) Signage shall:be constructed of metal,
wood, stone, plastic (with three-dimen-
sional reliefs) and/or cloth.
(10) The brackets and structure for projecting
signs shall be ornamentally designed.
Supp.No. 19 CD30:104.2
Granite Shores Permanent Sign Application
Appeal of Zoning Decision Application Project Narrative
Sign Application Process
In early March 2013, Granite Shores and its representatives began discussions with city staff in
regard to the construction of a freestanding sign in front of Granite Shores, 633 Main Street,
downtown Elk River. The conversations with staff and Decklan Group (representing Granite
Shores), resulted in a disagreement as to what is allowed as signage in the Downtown District
(DD).
Elk River staff has taken the position that freestanding signs are not permitted in the DD despite
the fact that they are not listed as a "Prohibited Sign" in Sec. 30-872 of Elk River City Code.
Decklan Group asserts that freestanding signs are not listed among the five specifically
prohibited sign types in Sec. 30-872 and are therefore allowed within the DD.
On March 20, 2013, Decklan Group met with Deputy Community Operations and Development
Director Jeremy Barnhart to obtain clarification on the zoning ordinance and to outline the
process moving forward to construct the sign. Mr. Barnhart instructed Decklan Group to first
apply for a sign permit. He indicated city staff would deny the application based upon their
abstract interpretation of unrecorded prohibitions within Elk River City Code. Mr. Barnhart
went on to suggest that upon receiving the letter of denial from city staff, Decklan Group could
file an appeal of the decision, thus placing the burden of facts in front of the seven member
Board of Adjustments to overturn staff's decision. Decklan Group accepted this as part of the
approval process and confirmed with Mr. Barnhart that a completed sign application would be
submitted at a future date.
During the March 20th meeting parties also discussed the materials and design of the proposed
freestanding sign. Decklan Group outlined that the sign would be designed and constructed to
directly reflect and mimic recent City projects in the DD completed in 2005 (River's Edge
Commons Park, Kiosk, Plaza, and Gazebo) , as well as meeting and exceeding the minimum DD
Design Standards as set forth in Sec. 30-1026 in Elk River City Code. Staff agreed that the
proposed materials and design were within the DD Architectural Standards and Guidelines per
subsection (f) Sec. 30-1026 of Elk River City Code.
On May 3, 2013, Decklan Group submitted a permanent sign application for a freestanding sign
to be located at 633 Main Street, downtown Elk River. Decklan Group received a letter of
denial from Park Planner/Planner Chris Leeseberg, dated May 8, 2013, which indicated that
new freestanding or monument signs are not allowed as a permitted, conditional or accessory
use, and that this could only be changed by amendment of Section 30-872 of the zoning
ordinance to allow freestanding or monument signs in the downtown district.
Granite Shores- Appeal of Zoning Decision Narrative Pagel
Facts to Consider
Definitions per Elk River Minnesota Code; Current Version as adopted December 16th, 2002
Article I. Sec. 30-1 - Definitions
Sign, freestanding, means any sign not attached to a principal or accessory building.
Sign, monument, means a freestanding sign supported by an internal structural
framework covered by solid structural feature such that the support structure is not
visible. The solid structural feature shall be at least 75 percent of the sign width.
Elk River City Code clearly defines Monument and Freestanding signs as two entirely different
structures. Within these definitions, it clearly states a Monument sign is a sub-type under the
larger Freestanding sign group, therefore making the heading of Freestanding inclusive of the
sub-type Monument. City staff asserts that the inverse is also true,that the sub-type
Monument is inclusive of the group Freestanding. This assertion by city staff is based on faulty,
unsound, deductive logic. If the city staff's conclusion were factual, there would cease to be
reason in defining the structures separately, as they would be interchangeable and therefore
definable under one universal term.
In Subdivision II. Sec. 30-859. — Prohibited Signs, there is no reference to the Freestanding sign
group in its entirety.
In Subdivision II. Sec. 30-872. — DD Downtown District sub-section (b), there is no reference to
the Freestanding sign group in its entirety. Number (12) of sub-section (b) does specifically
disallow the sub-type Monument sign; however it does not disallow any other form of the
Freestanding sign group.
As you can see, Monument signs specifically, and the four other sign types specified under
Subdivision II. Sec. 30-872. Sub-section (b) Number (1) are the only sign types prohibited in the
DD. The sign group defined as Freestanding signs, are nowhere collectively prohibited and
therefore allowed assuming they are not of the Monument sub-type, or any other prohibited
sub-type.
Decklan Group therefore respectfully requests that the Board of Adjustments overturn city
staff's denial of our sign permit application and grant the permit with the contingency of the
necessary Conditional Use Permit required for the size of the proposed electronic message
board.
Notables: There are currently no less than nine monument signs in the DD, and an additional six
freestanding signs.
Granite Shores- Appeal of Zoning Decision Narrative Paget:
City of
Elk -�
River
13065 Orono Parkway
Elk River,MN 55330
May 8,2013
Annie Deckert
812 Main Street,NW
Suite 250,Elk River MN, 55330
RE: Sign Permit Application
Dear Ms. Deckert,
We received a Permanent Sign Building Permit Application (2013-00727) on May 3, 2013 from you on behalf
of your client Granite Shores,LLC. for a freestanding sign to be installed at 633 Main Street. This property is
zoned Downtown District. The only signage allowed by the city zoning ordinance (Section 30-872)in the
Downtown District is wall-mounted and projecting signs. Monument signs erected prior to the date of
adoption of the Downtown District section of the zoning ordinance can be rebuilt to the same size in the
same location,but new freestanding or monument signs are not allowed as a permitted, conditional, or
accessory use. This could only be changed by amendment of Section 30-872 of the zoning ordinance to allow
free standing or monument signs in the Downtown District.
Because freestanding signs are not allowed in the Downtown District by the zoning ordinance, a building
permit cannot be issued for the proposed sign and we are returning your Permanent Sign Building Permit
Application.
Enclosed is a copy of Section 30-872 of the city code for your reference. Please let me known if you have
any questions.
Sincerely,
Chris Leeseberg,Park Planner/Planner
City of Elk River
763.635.1033
cleeseberg@ElkRiverNIN.gov
CC: Jim Soderberg,President Soderberg Apartment Specialists
Seri Graphics Sign Systems
Peter Beck, City Attorney
Encl.
Phone:763.635.1000 POWERED BY
Fax:763.635.1090 [NATuR
www.ci.elk-river.mn.us
STAFF REVIEW — RESIDENTIAL SITE PLAN CHECK
wJ'-�f ry
BUILDING PERMIT DATE SUIBIMM, I FED: - -
P( 4) PHONE# :?.. t _/- 1-1-11:1
ADDRESS �� " ; -
CONTACT NAME: ... x , - t PLA I 1 ED LOT:7-. YES NO
LEGAL DESCRIPTION tij, ' - , ,',' F ` B '
PROJECT DESCRIPTION: (SFO (MFFD) (DECK/PORCH1 (ACCESS BLDG (ADDITION) (POOL) .{BSM T FIN1.S =1 C"r
(Please initial when you have completed your review and eircu!ate)
PLAN N G DEPARTMENT Ii SETBACKS
BUILDING 1EF'ARTIvf;NT ( P rrcinal Accessory
j ' 'Front
1 _ CITY ENGINEER Side
FME CHIEF Garage Side _ E
— i� j Rear ,
--- — � - '_.� Corner Lot Yes* No 1..
_ —_�.._._- *Corner Lots have 2 front yard setbacks
ZO.NING DISTRICT: Cluster 0
Width ofDriveway 30'Max -OK.
Pe nutted Use I Miz.25%Lot Coverage OK
Ton-Corfoirnirng Use Min.Garage Size OK
i Max.two Accessory Structures OK
Variance Required &Approved* 11 Acceptable Building IVS.aterials OK
Case#V - ! ! .Max. Sq.Ft.not exceeded OK
Conditional Use Required&Approved*
■
Case# CU - Max Height Allowed
*Check conditions in Case File as indicated
I
(mruured half way up tact)
— -- ----✓ -- _ _
LOT ABUTS PUBLIC RIGHT-OF WAY: YES NO* *Private Drive 0
County Road (Access Permit Required by County): Yes No Applicant contacted:
Verified Receipt of County Permit Yes No
Collector!Arterial (Limit Access) _ Yes No _-- I
EASEMENTS:
Drainage>&..Utility Other(specify( —_
SHOKEL ND: NO YE.S OK 1 i Notes:
Structure Setback: il i i (I
Elevation: j
Septic Setback: I
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: LOODPL_IN: Setba.c Elevation:
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APPLICANT IS: 0 Owne-r—i-ContractorlOrher idecribo • , ,'1. 'i --1
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LEGAL DESCRIPTION STATE SURCHARGE
Subdivision Lill Block Pi D#
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PROPERTY OWNER NAME ADDRESS PHONE# ATTORNEY FEE
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CONTRACTOR/RESPONSIBLE PAR rY LICENSE#
PLAN CHECK
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CONTRACTOR ADDRESS PHONE# TOTAL
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ARCHITECT/ENGINEER(for Commercial Work) RECEIVED BY
t ti A i'l'''l''' Address Phi ine# ...
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CLASS OF WORK: 0 New 0 Addition 0 R en(it _ l
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DESCRIBE WORK , t-e CONSTRUCTION
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VALUATION OF WORK: $ T-- 1 4 (.4 ,0
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____ , DIVISION
'Separate permits are re:pared tor electriial,plumbing,be,aing, en lint or at unditioning,
4,77,4 permit becomes null and tmad i f;work or con st nsetuns anthortzed 4 not commented within IRO dap,or if ..
TOTAL SQ FT OF
i unistrnetion at'wit:*4 suspended or abandoned for a period of!8d AO at any timr afier work is summem-ed.
I *I hereby tert,n(y that(have read and exaMint'd this applie,thon and knoL.-the ktr,me to iit!me and cm-rect. An 'BLDG
1 provisiom of laws am ordinance's govern pi„,i this type of work will be rompla wstis.tabether specified henna or
not. 'The grantiv It pennit does not presua e.t give authority to.,,Itslai,or cancel the put man ni any other #OF Sl'ORTES
i nate or incapes4?egithaing costar's(thin(JY the perfonnance of s 0/75n-raison,
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MAX OCCUPANT
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Signature of Property Owner Print Name Date FIRE SPRINKLERS
DYES
Building Department * Phone 763.635.1060 • FAX 763.635.1090 __,,, 0 NE)
. .. .._
Planning Department Date Buildilig Department Date
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DECKLAN
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612.56 , 7 9 5- +Mit www.(ledi ns.,4roup om
March 20,2013
City of Elk River
ATTN,Chris Leeseberg
13065 Orono Parkway
Elk River,MN 55330
RE:Granite Shores,CUP 60 day waiver
Dear Mr.Leeseberg,
This letter serves to notify you that Decklan Group has entered into a contract with Jim Soderberg,
President of Soderberg Apartment Specialists and owner of Granite Shores,633 Main Street,Elk River, MN
55330 to work on their behalf for the following applications:
• Permanent Sign Application
• Conditional Use Permit
• Appeal of Zoning Decision
If you have any questions,please contact me at 612-564-0795,or email me at annieddecklenoroup„com.
Respectfully.
1 1
Annie B. Deckert
Jim .•derberg
President
,Pre.-dent
Decklan Group
••erterg A artrnent Specialists
DECKLAN
-
eTRAKiT Permit
Applied Date: 5/3/2013
.$
. Permit No.: ELE1305-00811
Minnesota
Issued Date: 5/3/2013
Department of Labor
Status: ISSUED
obiliefort:i= and industry
ELE EXST MULTI FAM
443 Lafayette Road N
Tr, St Paul, MN 55155
:Site Address: .633 MAIN ST Default Inspector: Kelly Johnson
ELK RIVER MN,55330
Applicant: ARNIE BILLMARK ELECTRIC Project name:
INC GRANITE SHORES
Address: 14700 ARMSTRONG BLVD NW
ANOKA MN 55303
Phone: (763)427-5533
rivner: MIKE TEMPLE&NEXUS REAL Description of Work:
ESTATE WIRE NEW MONUMENT SIGN/MESSAGE
Address: 633 MAIN ST BOARD
ELK RIVER MN 55330
i Phone: 952221113
FEES
Amount Receipt# Paid Date
ELE SURCHARGE FEE $5.00 WEB5722505/03/2013
ELE PERMIT INSPECTION FEE /0.00 WEB5722505/03/2013
TOTAL FEES $75.00
TOTAL FEES PAID $75.00
TOTAL FEES DUE $0.00
*ELE1305-00811*
NOTICE
The work for which this permit is issued shall be performed according to: (1)the terms of this permit;
(2)any associated approved plans and specifications;and(3)the applicable provisions of the State
Building Code and the High Pressure Piping Codes.This permit is valid only for the work described
and does not grant permission for additional or related work.A separate permit may be required for
work not included in the scope of this permit.This permit will expire and become null and void in
accordance with the laws and rules that apply. Building and elevator permits become null and void if
the work is not started within 180 days from the issue date and will expire if the work is suspended or
abandoned for a period of 180 days any time after the work has commenced (see Minnesota Rule
1300.0120). Electrical permits with an inspection fee of$250 or less expire and become void 12
months from the issue date(see Minnesota Rule 3801.3780). High pressure piping annual permits
are valid only within the calendar year they are issued(see Minnesota Rule 5231.0040).
https://secure.doll.state Inn.us/Etrakit2/Permit_M N.aspx?permitN o=ELE1305-00811 5/3/2013
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Quotation 33107
Serigraphics Sign Systems, Inc.
2401 Nevada Avenue No.
Golden Valley,MN 55427-3611
Ph: 763-277-7774 Fax: 763-277-7775
Email: info @serigraphicssign.com
Bill To: Soderberg Apartments Specialist Ship To: Granite Shores
6401 Camden Ave. North 633 Mainstreet
Minneapolis, MN 55430 Elk River, MN 55330
Attn: Mike Tempel Attn: Mike Tempel
Phone: 612-703-8874 Phone: 612-703-8874
Fax: Fax:
Project: Granite Shores Monument Quote Date: 2/22/2013 PO#: Sales ID: EA
Ship Via: Install EM.Delivery: 10-12 Wks A FOB: Destination Terms:
item Qty Description Unit Price Ext.Price
1 1 CS S/F Custom Monument sign with EMC to be 84"x120"- 198 in x 173 in $60,000.00 $60,000.00
x 24 in Side(s), Sq Corners Sq Edges 1 Color(s), Sign Type X
2 1 Misc. Project Mangement $2,250.00 $2,250.00
3 1 Misc. Engineering of Sign-DEDUCTED DESIGN OF $1,200.00 $1,200.00
MONUMENT
4 1 INSTALL Deliver and Install Signs Visit Job Site&Survey Work $9,500.00 $9,500,00
Install All Signs
5 1 PERMITS+Filing Fees $1,000.00 $1,000.00
Subtotal: $73,950.00
6.67% Tax: $4,930.99
Quote Total: $78,880.99
Accepted By This is an offer to furnish the products above under Serigraphics standard terns
and conditions.Purchase orders or contracts resulting from this proposal must
Company Date reflect acceptance of our terms.Contact Serigraphics for clarification.
Thank you for the opportunity to submit this proposal.
Note:This order may be subject to additional tax and Eric Anderson
shipping charges.Please supply your tax exempt certificate number. Sincerely:
Quotation 33107, Page 1 of 1
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Definitions
Sign,freestanding, means any sign not attached to a principal or accessory building.
Sign, monument, means a freestanding sign supported by an internal structural framework covered by
solid structural feature such that the support structure is not visible. The solid structural feature shall
be at least 75 percent of the sign width.
Leeseberg, Chris
From: Barnhart,Jeremy
Sent: Wednesday,July 03, 2013 8:12 AM
To: Leeseberg, Chris
Subject: FW:June Rivers Edge Minutes - Letter for Granite Shores Sign
Attachments: G shores E sign 005.JPG;Attached Message Part; LCD display design 2.jpg; Attached
Message Part; Narrative- support from city plans.docx;Attached Message Part; GC sign
support letter.docx;Attached Message Part; GC- Appeal of Zoning decision Narrative
5-20-13.docx;Attached Message Part
FYI
Best regards,
Jeremy Barnhart, AICP I Community Operations and Development-Deputy Director
763.635.1034 w I 763.635.1090 f
13065 Orono Parkway I Elk River I MN ( 55330
1' El 1 Br
vet
From: Wilfahrt, Clay
Sent: Wednesday, July 03, 2013 8:03 AM
To: Barnhart, Jeremy
Subject: FW: June Rivers Edge Minutes - Letter for Granite Shores Sign
FYI
Clay Wilfahrt 3 Assistant Director of Economic Development
763.635.1041 w I 763.635 1090 f
13065 Orono Parkway I Elk River 1 MN I 55330
11 T
El k f E
: Iv
From: wendy simenson [mailto:simen003@ umn.edu]
Sent: Tuesday, July 02, 2013 10:24 PM
Subject: June Rivers Edge Minutes - Letter for Granite Shores Sign
Original Message
Subject:Sign: Granite Shores vs. City of Elk River
Date:Tue, 2 Jul 2013 19:03:12 -0500
From:Tim Dolan<timndecklangroup.com>
To:Wendy Simenson<simen003@umn.edu>
i
CC:annie@decklangroup.com
Wendy,
Could you please forward on this email to our Rivers Edge members? I would certainly appreciate it!
Thanks in advance!
-Tim
Dear Rivers Edge Businesses,
Below are the final and most recent documents related to the Granite Shores sign per our discussion at the last
Rivers Edge meeting. The narrative and support from city plans describes exactly what Granite Shores is
proposing to do. We met with staff early on to gauge their input on design, etc., and attached are the resulting
sketches of the proposed sign. Granite Shores wants to promote not only their available space and businesses
within their building, but all community events which occur downtown(Concerts, Farmer's
Market, Kidstock, ArtSoup, etc.), and our downtown as a DESTINATION for all Hwy 10 traffic.
We applied for a sign permit, and it was denied based upon city staffs interpretation of the ordinance which
says "monument" signs are not allowed. Our proposed sign is not a "monument" sign, rather it is a
"freestanding" sign. Because freestanding signs are not addressed in the downtown portion of the zoning
ordinance, we feel that our sign falls within the city's ordinance as it is written. In that spirit we are appealing
their decision.
To go through this process, our appeal will be heard by the Board of Adjustments on Tuesday. July 9th in the
City Council Chambers. If the BOA overturns staffs decision, we will apply for a Conditional Use Permit to
allow for the size of the electronic portion of the sign. If the BOA agrees with staff, and denies the sign permit,
it automatically goes in front of the City Council for review on July 15th at 6:30pm in the Council Chambers.
I am hoping ALL downtown businesses are in support of the sign- this sign will not only draw attention,traffic
and people to the downtown, it will promote all of the events sponsored by our association, at no additional cost
to us or the public (seeing as the sign will be 100%privately funded and operated). This sign is design with the
same architecture and design standards as Rivers Edge Commons Park and in no way detracts from our
downtown's character.
Many voices heard together as one can make the difference! I do not believe we will find another business or
organization willing to foot the bill for an amazing downtown sign like this anytime in the near future.
2
If you are in support, I would appreciate if you would print the attached support letter on your business
letterhead and return it to me, or let me know and I will pick it up.
Also, you, or any other employee is invited to attend the Board of Adjustments meeting on.Tuesday, July
9th. The meeting will be at 6:30pm in the Elk River City Council Chambers. You don't have to speak in
support, simply your attendance is enough.
If you have any questions, I'd be more than happy to meet with you to discuss further.
Thank you everyone!
Respectfully,
Tim Dolan
Decklan Group
320-217-9025
Sent from my iPhone
3
n l�� i.'
ELK R VER.AREA
June 18, 2013 Chamber of Commerce JUL - 2 2013
POWERING THE NATURE OF BUSINESS
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
City Council Members:
Over the past 18 months, the Elk River Area Chamber of Commerce has extensively studied the
current City of Elk River sign ordinance. Our concerns about the sign ordinance include the following:
• Some inconsistencies due to updates over the years that may not have filtered throughout the
entire ordinance making it difficult to understand and more difficult to enforce.
• Numerous requests for variances and conditional use permits suggest that the sign ordinance
needs modifications so that there are fewer exceptions to the rules needed to conduct business
• New technologies have changed the landscape of signage and the current ordinance needs
updating especially around the use of digital (changeable-copy) signs
Our recommendations have been forwarded to City staff, Jeremy Barnhart and Cal Portner. It is our
understanding that staff is working on its review of the City's sign ordinance this summer with help of
their new intern. We are anxiously awaiting their results.
Recently we have been approached to recommend support of the proposed sign request from Granite
Shores. The sign that Granite Shores is requesting fits with our recommended changes to the current
sign ordinance which indicates that "pylon, monument or free standing signs should be allowed in the
downtown district for multi-tenant buildings". The purpose of signage is to help identify businesses for
customers and vendors both current and prospective. In a multi-tenant building it is often difficult to
identify which businesses are present. For this reason we believe it is in the best interest of continued
economic development and general business promotion to allow signage that is easy to find and that
identifies the tenants of the building to the public. We believe that the request from Granite Shores
accomplishes this objective.
This recommendation is supported by the Elk River Area Chamber of Commerce Board of Directors.
Sincerely,
Ben Bauman
Board Chair
Cc: Annie Deckert, Decklan Group
Jim Soderberg, Granite Shores
Jeremy Barnhart, City of Elk River
Cal Portner, City of Elk River
ELK RIVER.AREA CHAMBER OF COMMERCE 509 HIGHWAY 10 ELK RIVER MN 55330 W W W.ELKR VERCHAMBER.ORG
VOICE(763)441-3110 FAx (763)441-3409 ERACC @ELKRIVERCHAMBER,ORG
DECKLAN
• * G
612.564.(795- office www.crecklangroup.corn
March 20,2013
City of Elk River
ATTN, Chris Leeseberg
13065 Orono Parkway
Elk River,MN 55330
RE: Granite Shores,Caraggige,P'
Dear Mr. Leeseberg,
This letter serves to notify you that Deck Ian Group has entered into a contract with Jim Soderberg,
President of Soderberg Apartment Specialists and owner of Granite Shores,633 Main Street,Elk River, MN
55330 to work on their behalf for the following applications:
• Permanent Sign Application
• Conditional Use Permit
• Appeal of Zoning Decision
If you have any questions,please contact me at 612-564-0795,or email me at n • c•rn.
ReSpeetfUllY,
,•`"
W).
Annie B, Deckert
Jim .•*erberg
President
Pre dent
Decklan Group
-erberg A•artment Specialists
DECKLAN
• . . .