RES 13-60 J
City of
River
Resolution 1 ®60
Resolution of the City of Elk River Denying an Appeal of a Staff Decision
and Establishing Findings of Fact Therefore
WHEREAS, on May 3,2013,Tun Dolan, Decklan Group, on behalf of the owner of the
property legally described as Lot 1, Block 1, Bluff Block,in the City of Elk River (the
"Property"), applied for a building permit to install a freestanding sign on the Property; and
WHEREAS, on May 8, 2013, city staff addressed a letter to Mr. Dolan denying the
application for a building permit on the grounds that the proposed sign is not allowed by the
City of Elk River Zoning Ordinance; and
WHEREAS, on May 23, 2013, Mr. Dolan submitted a written appeal of the denial of the
building permit; and
WHEREAS, on July 9, 2013, the Elk River Board of Adjustments conducted a public
hearing on the Appeal, after proper publication and due notice thereof as requited by
ordinance and statute; and
WHEREAS, the Board of Adjustments tabled discussion on the Appeal to August 13,
2013, to allow the City Attorney to respond to testimony; and
WHEREAS, on August 13, 2012, the Board of Adjustments denied the Appeal; and
WHEREAS, the Appeal was referred to the City Council as provided by the City Zoning
Ordinance; and
WHEREAS, on August 19, 2013, the City Council conducted a public hearing on the
Appeal, after proper publication and due notice thereof as required by ordinance and statute.
NOW, THEREFORE, the City Council of the City of Elk River makes the following
findings of fact and decision with respect to the Appeal:
FINDINGS OF FACT
1. The Property is located in the Downtown District Zoning District.
2. Section 30-872 of the City Zonfi-ig Ordinance sets forth sign regulations for
the Downtown Development District.
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3. Section 30-872(b)(12) provides that "monument" signs shall not be allowed
in the Downtown Development District.
4. Section 30-872 includes specific performance standards for all allowable signs
in the Downtown Development District and does not include any such standards for
freestanding or monument signs.
5. The clear intent of Section 30-872 is to not allow monument or freestanding
signs in the Downtown Development District.
6. Section 30-866 of the Zoning Ordinance sets forth general sign regulations
applicable in all zoning districts, and does not expressly prohibit freestanding signs in the
Downtown District.
7. Section 30-860(e) of the Zoning Ordinance provides that where a matter of
interpretation arises, the inore specific definition or higher standard shall prevail.
8. Pursuant to Section 30-860(e), Section 30-872, which does not allow
monument or freestanding signs in the Downtown Development District, as the more
specific ordinance, prevails over the general regulations in Section 30-866.
9. Section 30-872(b) of the Zoning Ordinance provides that "signs should be
designed to fit with the character, proportions and scale of the individual building and
should complement,rather than compete with, the character of downtown."
10. The proposed sign, which is 17 feet high and 10 feet wide, does not fit with
the proportion and scale of the building and does not complement the historical character of
downtown.
11. Section 30-872(b)(1) and (11) of the ordinance prohibit back-lit signs and
allow only externally illuminated signs. The proposed sign does not comply with these
requirements.
12. Section 30-859(9) of the ordinance prohibits any sign placed within 30 feet of
any intersection that may obstruct motorist or pedestrian visibility.
13. The proposed sign is within 30 feet of the Parish Avenue/Main Street
intersection, which is already problematic and difficult to maneuver, and would obstruct
visibility at this difficult intersection.
DECISION
NOW, THEREFORE, E IT RESOLVED that the City Council of the City of Elk
River, based on the findings of fact set forth above, finds that the proposed sign is not
allowed by the Zoning Ordinance and denies the appeal from the decision of the Board of
Adjustment.
f OWEREn 0 Y
NATUREI
Passed and adopted this 16`x' day of September, 2013.
W J. tz,Ma/4
ATTEST:
Tina Allard, City Clerk
� 0 w 0 1 u B y
NATUREE