07-09-2013 BA MIN 410 SPECIAL MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY,JULY 9, 2013
Members Present: Vice Chair Westberg,Commissioners Eric Johnson,Jeremy Johnson,
Keefe,and Konietzko
Members Absent: Chair Anderson and Commissioner Keller
Staff Present: Planner/Park Planner Chris Leeseberg,Planning Intern Zach Carlton,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 Vice Chair Westberg.
2. Consider 7/9/2013 Board of Adjustments Agenda
MOVED BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISSIONER JEREMY JOHNSON TO APPROVE THE AGENDA.
MOTION CARRIED 5-0.
3. Consider Appeal Request by Decklan Group/Granite Shores regarding the interpretation of
S sign regulations for free-standing sing in DD District (633 Main Street). Case No. V 13-04—
Public Hearing
The staff report was presented by Chris Leeseberg. He explained that the appeal is to
determine whether or not staff erred in their decision to deny the sign request. He stated
that arguments the Commission may hear tonight may be more suited to an ordinance
amendment request. He noted that staff did offer this avenue to the applicant but they
chose the appeal process.
Commissioner Konietzko asked what the next step would be,if the appeal is either denied
or approved. Mr.Leeseberg explained that if the appeal is denied,it would go to the City
Council on July 15th. If the appeal is approved,anyone,including staff, can appeal the
decision and it would go to the Council for a decision.
Vice Chair Westberg opened the public hearing.
Annie Deckert of Decklan Group,provided background information regarding the sign
request. Tim Dolan of Decklan Group stated that they did not believe the sign was
prohibited,as the city code does not speak to free-standing signs,only monument signs. Mr.
Dolan stated that staff did not include in the packet Sec. 30-866 of the sign regulations
which covers all signs in the city and felt this was important information to make their case.
Discussion followed regarding other signs in the Downtown District.
Vice Chair Westberg asked if the proposed sign will have a"flashing"element. Mr.Dolan
stated that the sign would have a scrolling feature, and would meet MnDOT requirements.
Board of Adjustments Minutes Page 2
July 9,2013
Denny Chuba, 10451 175th Avenue NW, stated he felt a precedent for this type of sign
started back in 1978 with the First National Bank sign. He asked if that type of sign could •
be built with today's regulations. Mr.Leeseberg stated no.
Discussion followed regarding free standing signs versus monument signs. Further
discussion was given to locating the sign on the Chamber of Commerce property across the
street.
Mr.Leeseberg stated that staff does not disagree that the sign may be desirable,but that he
does not see how the sign can be allowed under the existing ordinance.
Fred McCoy,McCoy's Pub, stated he felt that if a business owner is willing to spend the
amount of money for a sign that benefits the whole downtown,the city should find a way to
get it done.
Discussion followed regarding whether or not to table the request to next month's meeting,
since the Commission has questions.
Commissioner Eric Johnson stated that he is in favor of the request to promote businesses
in the downtown and asked why the applicant did not choose the ordinance amendment
process.
Mr. Dolan stated that they chose the appeal process because they did not feel this type of
sign was truly addressed in the sign regulations for the downtown,and therefore should be
allowed. He stated that Granite Shores has already spent a considerable amount of money
on the sign process and is willing to put up $100,000 for installation of the sign. Mr.Dolan •
stated that having the sign across the street at the Chamber site would not have the same
effect as the Granite Shores location would have.
Commissioner Konietzko stated that there seems to be a disconnect in Section 30-866 and
he was interested in postponing the item until the issue could be clarified further.
There being no more comments,Vice Chair Westberg closed the public hearing.
MOTION BY COMMISSIONER ERIC JOHNSON AND SECONDED BY
COMMISSIONER KEEFE TO MOVE DENIAL OF THE APPEAL REQUEST
BY DECKLAN GROUP/GRANITE SHORES REGARDING THE
INTERPRETATION OF SIGN REGULATIONS IN DD DISTRICT.
The Commissioners discussed tabling the item in order to have more information.
COMMISSIONER ERIC JOHNSON WITHDREW THE MOTION.
COMMISSIONER ERIC JOHNSON MOVED TO TABLE THE APPEAL
REQUEST BY DECKLAN GROUP/GRANITE SHORES TO THE AUGUST 13,
2013 BOARD OF ADJUSTMENTS MEETING. MOTION CARRIED 5-0.
4. General Business
There was no General Business.
5. Adjournment
Board of Adjustments Minutes Page 3
July 9,2013
• There being no further business,MOVED BY COMMISSIONER ERIC JOHNSON
TO APPROVE ADJOURNING THE MEETING.
The meeting of the Elk River Board of Adjustments adjourned at 7:24 p.m.
Minutes epared by Deb•*e Huebner.
Tina Allard
City Clerk
/°� `I
Chad Westberg,Vice Chair'
Board of Adjustments
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