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4.1 BASR 04-28-2015 DRAFT MIN 03-24-2015Item 4.1 Meeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, March 24, 2015 Members Present: Chair Eric Johnson, Commissioners Garrett Christianson, Andrew Crook, Jill Larson-Vito, Mark Konietzko and Brad Thiel. Commissioner Jeremy Johnson arrived at 6:34 p.m. Members Absent: None Staff Present: Deputy Director Community Operations & Developme Park Planner/Planner Chris Leeseberg and Sr. Administrative Assi 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 Chair Johnson. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 03/24/15 Agenda Moved by Commissioner Konietzko and seconded by Commissioner Larson-Vito to approve the March 24, 2015 Board of Adjustments agenda. Motion carried 6-0. ------------- Commissioner Johnson arrived at this time. 4. Oath of Office Garrett Christianson, Garrett Christianson and Brad Thiel were sworn in as Planning Commissioners at this time. 5.1 Request by Brock Tatge/Farmers Insurance for Variance for Sign, Case No. V 15-04 Mr. Leeseberg presented the staff report. The applicant request 1.A sign height variance of 2 feet 8 inches; and 2.A sign size variance of 32.8 square feet Mr. Leeseberg reviewed the five criteria which must be met in or Board of Adjustments Minutes Page 2 March 24, 2015 ----------------------------- Commissioner Konietzko asked if any of the businesses nearby had a sign which was larger or taller than allowed by ordinance. Mr. Leeseberg stated he was not aware of any signs which did not meet the requirements. Chair Johnson asked if there were any recent requests for variances for signs in this area. Mr. Leeseberg stated no. Chair Johnson opened the public hearing. Commissioner Crook asked the applicant if there were recent changes in the corporate sign requirements. Mr. Tatges stated yes, in August last year. Commissioner Konietzko asked if staff was provided the corporate sign requirements. Mr. Tatges reason was they are quite lengthy (50 plus pages) and have mostl and use of the Farmers Insurance logos. He stated that his curre the new sign has been reviewed by corporate and was deemed compliant. He stated that if the signed were Ñscaled backÒ in size, he would be required to re-submit it for approval. Chair Johnson stated that if changes mentioned by staff were made, it does not appear there would be any problem meeting the cityÔs regulations. Commissioner Konietzko asked if there was some sort of penalty f did not meet corporate approval. Mr. Tatges explained that his commission/compensation is tied to meeting Farmers Insurance requirements for his office and signage. He stated that it is similar to a report card grade; he is scored a letter grade and this grade impacts what percentage he is paid in commissions. A lower grade translates t Commissioner Konietzko asked how the digital/electronic reader board will be used. Mr. Tatges stated this signage would be used to promote his products and also some public service announcements or events. Commissioner Konietzko asked h cost. Mr. Tatges stated the cost was $22,000. Commissioner Koni consider removing the lower portion of the sign, since there was logo sign on top, thereby allowing the digital reader board and logo signage to be lowered and reduce the square footage of the sign. Mr. Tatges stated he would have to re-submit the change to the corporate office for approval. Discussion followed regarding possible scenarios of acting on th the request. Mr. Tatges stated that he was in favor of the Board acting on the request tonight and he could re-submit the sign proposal to corporate with changes. The Board of Adjustments reviewed the five criteria as follows: 1.Is in harmony with the general purpose and intent of the ordinance. Motion by Commissioner Larson-Vito and seconded by Commissioner Konietzko that the request does not meet Criteria #1. Motion carried 7-0. 2.Is consistent with the City of Elk River comprehensive plan. Board of Adjustments Minutes Page 3 March 24, 2015 ----------------------------- Motion by Commissioner Crook and seconded by Commissioner Johnso that the request meets Criteria #2. Motion carried 7-0. 3.The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance Motion by Commissioner Konietzko and seconded by Commissioner Larson- Vito that the request does not meet Criteria #3. Motion carried 4.The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request does not meet Criteria #4. Motion carried 7-0. 5.The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson that the request does not meet Criteria #5. Motion carried 7-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Johnson to deny the request by Brock Tatges/Farmers Insurance for: 1.Sign Height Variance of 2 feet 8 inches; and 2.Sign Size Variance of 32.8 square feet; based on the findings that Criteria #1, 3, 4 and #5 cannot be met. Motion carried 7-0. Chair Johnson noted that request will automatically be appealed to the City Council on April 20, 2015. 5. General Business There was no general business. 6. Announcements There were no announcements. 7. Adjournment There being no further business, Chair Eric Johnson adjourned th Board of Adjustments at 7:03 p.m. Board of Adjustments Minutes March 24, 2015 Eric Johnson Planning Commission Chair Tina Allard, City Clerk Page 4