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6.3. SR 01-18-2000-?ity of Item # 6.3. MEMORANDUM Mayor & City Council Michele McPherso~rector of Planning TO: FROM: DATE: January6,2000 SUBJECT: Case Number V 99-17 Request by Applebees Restaurant for a Sign Variance Request The applicant requests a variance to allow a fourth wall sign so that the business may be identified from Highway 169. Section 900.22.04.D.iv of the City Code limits the number of wall signs in the C3 Highway Commercial District to three. Location 18891 Freeport Street Zoninq/Land Use C3 (Highway Commercial)/HB (Highway Business) Attachments · Location Map · Proposed Sign Drawing · Applicant's Hardship Statement · October 19, 1998 City Council Minutes History Applebees was constructed in 1997. At that time, wall signs were approved for the south and west sides of the building. The sign on the west side of the building has been determined to be two signs by staff. A monument sign was also approved. In 1998, the applicant requested a variance to allow a fourth sign on the rear of the building. Both the Board of Adjustments and the City Council denied the request. The Council concurred with the fact that visibility was poor and would grow worse with the construction of the 169 pedestrian bridge, however, they denied the request and 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City CouncilN 99-17 January 6, 2000 Page 2 suggested that the monument sign be relocated to the Highway 169 frontage. The applicant agreed to relocate the monument sign from Freeport Street to the Highway 169 frontage. Since 1998, the applicant has attempted to relocated the monument sign to the 169 frontage, however, has been unable to due to a large utility easement and water main that is adjacent to the rear of the property and parallels 169. Analysis Prior to the granting of a variance, the City Council-must determine that the following five conditions are met: 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. 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. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. o 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 be in keeping with spirit and intent of the ordinance. Literal Enforcement Literal enforcement of the ordinance would prevent a fourth sign from being placed on the building. However, there are signs on two other sides of the structure, one of which could be located to the desired location. In this instance, the applicant has claimed a predominantly economic hardship as the reason for the request. Special Conditions Staff concurs that it is difficult at best to see the building, however, many of the obstructions to visibility were in place at the time the building was constructed. For example, the pine trees along 169. There is a very small "window" of opportunity for southbound traffic on 169 to see the building and the proposed sign location (a banner is currently displayed in the location of the proposed sign). The construction of the Memotothe Mayorand City CouncilN99-17 Janua~ 6,2000 Page 3 water tower and pedestrian bridge has, to some extent, compounded the visibility problem. Deprivation of Riqhts Denial of the variance would not deny the applicant's ability to have signage. They have the option of relocating a sign from another part of the building to the desired location. Elk Park Center, zoned PUD, has signage on both sides; however, it is limited to two signs per tenant, well within the ordinance requirements. Applicant's Action or Inaction The applicant has stated that the adjacent strip mall to the south blocks the original signage on the building. The mall, while closer to 169, is actually lower than Applebees. At the time the mall was being constructed, the applicant could have made plans to relocate one of the signs to a more advantageous location. Adverse Impacts Placing an additional sign on the structure would not adversely affect the residents of Elk River; property to the east is commercial in nature. A new, illuminated sign in the proposed location, could pose a traffic hazard to motorists on 169 trying to read the sign within the small window of opportunity that exists. This would be a new element in the landscape. Board of Adjustment Action The Board of Adjustment was divided on this issue. Several of the members disagreed with staff's interpretation of two signs on the west side of the building. In the end, the Board voted 3-2 to recommend that the City Council deny the variance request. Recommendation While staff is sympathetic to the applicant's plight, they have not met the five conditions for granting a variance. The applicant could explore other forms of advertising, including temporary signs (inflatable, located on the roof) or relocating an existing sign from the west side of the building. Staff recommends that the City Council deny the request to allow a fourth sign on the building. LOCATION Ell~,~R'iver !.3065 Orono Pzrkway · P.O. Box '90 Eik River. MN 553_~0 LOCATION MAP CASE: V <:lq-/7 TIIKIICII l'llli I)0~LIII;~ FAC]! IY Cg Bill,"1 CC]IlaBIcli f IICSLD NOI' · c(:~ll D. IBFIC~)IIClD.DII~tSID CI iD MAiI'fA~ffEVIIlO ,M"I' LEII EE6, ~' I ma~n PROPOSED REAR SIGN 3TE: ' JVERALL LENGTH OF NEIGHBORHOOD GRILL & BAR RACEWAY AS StIOWN MUST BE pLACED SO EQUAL DISTANCE APPEARS BALANCED ABOVE THE THREE GOOSENECKS. NSTALLER MUST ME. ASU. pLACEMENT FIRST BEFORE SECURING TO WALL. INSTALLER TO VERIFY ROOF LINE. S 112' I$112' ! I 10'.O° t I' · O' APPLEOEE'S CAI311~ET _/ MOUNTING HEIGHT IS FROM FINISIJ SLAB , APPLEBEE$ CABINE : NEIGHBORHOOD · GRILL & BAR TOTAL ~ CIRCUITS . APPLEREE~ CABINE ' N I~RONT ELEVATION SCALE !-4' ~ r. O' ~P~CI.FI_cAr!oN: APPL EBF~.~ c_c_A~, rJ t I' - O' WALL SIGN. CONS TRUC TION 1 4' INDIVIDUAL CH~NEL LET TER$ M~NTED ON A RACEWAY wi OPEN FACES NOTE: ALL PRIMARY PENETRATIONS THRU WALL SURFACE TO BELOW R~F FOR WALL SIGNS ' ' I' ~PLEBEE~ , ~' 970346 · cu. YO. CONCRET~ IUNOERWR~[ERS LABORAIORIES INC EXISTING WEST SIDE SIGN J4 1~~6' NEIGHBORHOOD 1 I' - 0' APPLEBEE'S CABINET 1' - 4' '1'-1' 10'- 0' GRILL & BAR 13'-~' FROM FINISHED SL.&B TO BASELINE MOUNTING HEIGHT IS FROM -- FINISHED SLAB PLEBEE'S 137 NEIGHBORHOOD 3 2 APPLEBEE'S 1-20A: N G &B. 1-20A, NG.g8. 226- ... _ ~~? RIGHT ELEVATION SCALE: 114'- r.o' SPECIFICATIONS: APPLEBEE'S CABINET 1 I' - 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. I APPLEBEE~J; I J" 9?0346 cu. Y~. COl, lc,lie u~ll,~,-,FREEPORT AVE. J: ......... I ~ ~ ........ "~' "OVE~'~.~"i~.'' th', Prod,,c, is ,,,ed by J~ ELKRIVER mat MN Jcr~:-- IrlAPPROVEOWiTHCORRE~;IIONII. and Bears the Mark: ° 6-30-97 BDH ! EMN J J~ EXISTING SOUTH SIDE SIGN 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. o o 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. City Council Minutes October 19, 1998 Page 4 4.10. 6.1. 6,2. Consider EVP Opticon System City Engineer Terry Maurer indicated that the city has received approval from MnDOT to proceed with the bidding process for the EVP Opticon System. COUNClLMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 98-114 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MA'I rER OF THE EMERGENCY VEHICLE PRE-EMPTION/LED SIGNAL INDICATORS IMPROVEMENT OF 1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Open Mil<e No one appeared for open mike. Request by Robert & Joyce Danforth for Easement Vacation, Public Hearin.q Case No. EV 98-7 Planning Assistant Scott Harlick:er indicated that Robert and Joyce Danforth have made application for the vacation of a roadway easement on Lot 11 and a portion of Lot 12, Block: 2 Jn Palmer's 1 st Addition. Scott Harlick:er reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNClLMEMBER DIETZ MOVED TO ADOPT RESOLUTION 98-115, CASE NO. EV 98-7, FOR VACATING A ROADWAY EASEMENT ALONG THE SOUTH 17 FEET OF LOT 11, BLOCK 2 PALMERS 1sT ADDITION AND THAT PART OF LOT 12, BLOCK 2, PALMER'S FIRST ADDITION WITH THE FOLLOWING CONDITIONS: THAT THERE ARE NO BURIED UTILITIES WITHIN THE ROADWAY EASEMENT BEING VACATED. 2. THAT THE DRAINAGE AND UTILITY EASEMENT REMAIN IN PLACE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Applebee's for Variance to Si.qn Ordinance, Public Hearin.q Case No. V 98-9 Planning Assistant Scott Harlick:er indicated that Applebee's has made application for a variance to the sign ordinance. The applicant is requesting to add one additional wall sign located on the rear of the building facing Highway 169. The applicant claims that the hardship is due to lack: of visibility from Highway 169 when traveling south. Scott Harlick:er indicated that the Board of Adjustments voted to deny the request because the applicant did not meet the criteria for granting a variance. Mayor DuJtsman opened the public hearing. City Council Minutes October 19, 1998 Page 5 Evelyn Witson, business owner, indicated that Applebee's does not wish to remove existing signs from the building as it will deface the building. The Council suggested allowing Applebee's to remove the monument sign from Freeport Avenue to the back of the building. Following discussion it was the consensus of the Council that visibility of the restaurant was difficult for those traveling south on Highway 169 and that the new bridge in 1999 will make the visibility worse. The council consented to allow the existing monument sign on Freeport Avenue to be moved to the rear of the building as long as this is consistent with the CUP and no utilities are impacted. There being no further comments for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO DENY THE VARIANCE FOR A 4TM WALL SIGN REQUESTED BY APPLEBEE'S 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. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business 7.1. Review of Park Bond Referendum Informational Video City Administrator Pat Klaers updated the Council on the park bond referendum. He indicated that a video has been put together in order to help the public become more informed about parks in general and the referendum question prior to the election. The video was viewed by the Council. 7.2. Request Purchase of Vehicle for Buildin.q Maintenance Worker City Administrator Pat Klaers requested Council authorization to allow Phil Hals to attend a State of Minnesota Auction in anticipation of purchasing a van for the Building Maintenance Worker. Pat Klaers indicated that the van will cost approximately $7,000 - $9,000.