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6.2. SR 10-19-1998ity of River Item # 6.2. MEMORANDUM TO: FROM: DATE: Mayor and City Council Scott Harlicker, Planning Assistan~ October 19, 1998 SUBJECT: Request by Applebee's for Variance to the Sign Ordinance, Public Hearing Case No. V 98-9 Request Consider a request by Applebee's for a variance to the sign ordinance to allow a fourth wall sign. Location 18891 Freeport St., Lot 3, Block 1, Heying Addition Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachments Location map · Building elevations · Letter from applicant Overview Applebee's is requesting a variance to the sign ordinance to allow 4 wall signs; the ordinance allows 3 wall signs. The proposed 4th sign would be located on the rear of the building facing Highway 169. It would consist of the Applebee's name and logo. If it is the same size as similar signs on the building, it will be approximately 66 square feet. The applicant currently has a freestanding sign on Freeport St., two wall signs on the front of the building facing Freeport and a wall sign on the south side of the building. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Board of Adjustments/V 98-9 September 29, 1998 Page 2 Variance Staff refers the Council to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. o The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. The applicant claims the hardship is lack of visibility from Highway 169. However, the existing sign on the south side of the building is visible from Highway 169 when traveling north. No signage is visible from Highway 169 when traveling south. Since the freestanding sign can be seen from the intersection of School St. and Freeport, one option would be to move the existing sign on the south side of the building to the side facing Highway 169. The applicant indicates the embankment on Highway 169 and the retail center block visibility from Highway 169. Staff feels that the current signage can be seen from Highway 169 when traveling north. However, in order for a sign to be seen by someone traveling south it would have to be placed on the back of the building. The applicant states that all other properties along Highway 169 have visible signage. That may be true; however, the other businesses made a marketing decision to place one of their allowed signs so that it would be visible from Highway 169. s:\planning\scott\v98-9.doc Memo to Board of Adjustments/V 98-9 September 29, 1998 Page 3 The applicant states they were unaware the retail center would block signage. The fact that the applicant did not foresee the impact the retail center would have on the visibility of their signage is a result of the applicant's inaction. However, this could be addressed by relocating one of the existing signs. Staff agrees with the applicant in that the granting of this variance would not affect the health, safety or welfare of the residents of Elk River. Board of Adjustment Meeting At the Board of Adjustment meeting held on September 22, 1998 no one spoke at the public hearing. The Board discussed the possibility moving existing signs for better visibility from Highway 169 and that other businesses along Highway 169 made a marketing decision to place one of their allowed signs so that it is visible from the highway. They did not feel the applicant met the criteria for granting a variance and voted to deny the request. Recommendation It is recommended the City Council deny this variance request for a 4th wall sign based on the following findings: Literal enforcement of the ordinance will not cause undue hardship. The applicant could move one of the other signs to a location that is more visible from Highway 169. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Other businesses along Highway 169 made a marketing decision to place one of their allowed signs so that it would be visible from Highway 169. The special conditions and circumstances are a consequence of the petitioner's own action or inaction. The fact that the applicant did not foresee the impact the retail center would have on the visibility of their signage is a result of the applicant's inaction. However, this could be addressed by relocating one of the existing signs. s:\planning\scott\v98-9.doc LOCATION 178T~ $7'7TH i2065 O'rono P~k',vav · PC'. Elk River. NIN LOCATION MAP NEIGHBORHOOD ~ GRILL & BAR FROM FINISHED SLAB TO BASELINE MOUNTING HEIGHT IS FROM FINISHED SLAB APPLEBEE'S ! 3? NEIGHBORHOOD 32 GRILL &BAR 40 ;-&~&fi,~ ........ APPLEBEE'S 1-20A N.G&B. 1-20A, APPLEBEE'S 41.34 N.G.&B. 226 '. .... 'T_O_T*_L.. _~?_~- RIGHT ELEVATION SCALE: 1/4' - I' - 0' ~PECIFICATIO~j. APPLEBEE'S CABINET 11'- 0' WALL SIGN; CONSTRUCTION & COLORS TO MEET STANDARD SPECIFICATIONS. N.G.&B. 14' INDIVIDUAL CHANNEL LETTERS ON RACEWAYS WITH OPEN FACES. NOTE: ALL PRIMARy PENETRATIONS THRU WALL SURFACE TO BE BELOW ROOF FOR WALL SIGNS. APPLEBEE'S This Product Is lisled by UNOERWRIIER5 LABORA'ORIE$ Jr~3o-"71 aDH , EMN I /~ NOTE: OVERALL LENGTH OF NEIGHBORHOOD GRILL & BAR RACEWAY AS SHOWN MUST BE PLACED SO EQUAL DISTANCE APPEARS BALANCED ABOVE THE THREE GOOSENECKS. INSTALLER MUST ME.~SURE PLACEMENT FIRST BEFORE SECURING TO WALL. INSTALLER TO VERIFY ROOF UNE. 8 ti2' 15 · / I 0'-6' ~k ~;~ -~. I I I I' · 0' APPLEOEE'S CABINET MOUNIING HEIGHT IS FROM FINISH SLAB FRONT ECEVATION SCALE 1.4' = I'-0' APPLEBEE~ CABINET 13 ? NEIGHBORHOOO 3 2 . CIRCUITS .. 5:&.R . ......... ~..2. o.~ SPEClfI_CATION: i I' · o' WALL SIGN. CONS [RUCTION & COLORc. [O MEET STANOARO SPECIFICAi'IO~S ~ 4' INDIVIOUAL CHANNEL LETTERS MOUNTED ON A RACEWAY wi OPEN FACES .O.E; ALL P.iMARYPE.ETRA,iO.S ~..U ~..L~ SUR~CE TO BE~OWR~F ~O" WALL S,ONS ~C~~ ~ :~ L X .w 9Z~3~36~ ~ ~PLEBEE~ , ~ 970346 ' CU. YD. CONCRETE ~ UNOERWRI[ER5 LABORAIORIES o ° o ELK RIVER APPLEBEE'S VARIANCE APPLICATION NEW SIGN We request the variance due to the decline in business. Construction of the strip mall has blocked all original signage to highway 169. High embankment and recent construction has blocked all signage visible to highway 169. All other properties along highway 169 have visible signage. New construction has blocked all four original signage. Petitioner was not aware that construction of the strip mall would block original signage. Adding signage to the back of the building would in no way affect the health, safety, or welfare of the residents and neighbors of Elk River.