Loading...
4.2. BASR 09-28-1999 A Item# 4.2. Wity of � MEMORANDUM Elk TO: The Board of Adjustments ustments, FROM: Stephen Wensman, Planner t„ DATE: September 28, 1999 "l SUBJECT: Request by Church of St. Andrew for a Variance, Public Hearing Case No. V 99-13 Request Please consider a variance request by the applicant to reduce the setback from the property line from ten feet to 3 feet in the R2a zoning district. Location 566 Fourth Street NW, Auditor's 4th Addition, Lot 10, Elk River, MN • Zoning/Land Use R2a (Two Family Residential) / HR (High Density Residential) Attachments • Location/Zoning Map • Sign Location Plan • Sign Elevation • Alternate Locations Plan • Applicant's letter Overview The Church of St. Andrew was granted a conditional use permit in May 1996 to expand their worship space and improve the site. At that time, no additional signs were considered or accommodated on the site. Presently, the Church has two existing signs, a wood sign and metal and glass sign located near the old church entrance off of Irving Avenue NW (See attached Sign Location Plan). According to the applicant, the old signs will be removed. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612)441-7425 Memo to the Board of Adjustments/V 99-13 September 28, 1999 Page 2 • The applicant believes a new sign is needed to identify the church entrance and service hours. The applicant desires a location off of 4th Street near the parking lot entrance to the new church. Churches signs in the R2 zoning district must be setback a minimum of 10 feet from the property line and cannot exceed 96 square feet in total sign area. The proposed sign has a sign area of 56 square feet and as proposed will be setback 3 feet from the property line, requiring a 7 foot variance. With a 3 foot setback, the sign will be 5 feet from the sidewalk and roughly 5 feet from the parking lot. As indicated on the Alternate Sign Locations Plan, there are several other several locations on the site to construct a new sign that would not require a variance. Of the four alternative locations, Location 3 would be close to the main 4th Street entrance and the applicant's proposed location. This location might require moving or removal of an existing conifer. Location 4, near Gates Avenue, is also close to a church entrance, however it is further away from a road than the proposed location. Granting of Variance Staff refers the Board of Adjustments 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. 2. 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. 3. 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. 5. 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. • \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-13.doc Memo to the Board of Adjustments/V 99-13 September 28, 1999 Page 3 • The applicant believes that there is a hardship as described in the attached letter. Staff, however, recommends denial of the variance because the applicant does not meet the 5 conditions of hardship as follows. 1. Staff believes that the literal enforcement will not cause undo (unnecessary, unavoidable, extreme) hardship because there are alternate locations for the sign that are near the entrance and readable from an adjacent road. 2. Staff believes that the hardship is not caused by special conditions and circumstances that are peculiar to the property involved because the property is large with several potential locations for the sign other than where they exist presently. 3. The literal application of the provisions of this ordinance would not deprive the applicant of rights enjoyed by other properties in the same district under the terms of this ordinance because other churches and properties in the district do conform to the setback restrictions. 4. The special conditions and circumstances are a consequence of the petitioner's own action or inaction. The church could have planned for a • new sign location when the site was improved after 1996. 5. The variance may be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood because granting the variance might set a precedent and the sign would encroach on the sidewalk. Recommendation Staff recommends that the Board of Adjustments deny this variance request to reduce the setback for a monument sign from a 10 foot setback to a 3 foot setback citing the inability of the applicant to meet the following five conditions for granting a variance: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 2. 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. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE • WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-13.doc Memo to the Board of Adjustments/V 99-13 September 28, 1999 Page 4 • 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. 5. 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. • • \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-13.doc I een. . WI 1 _=1� ,.,j .. .III t.Y as Zoe" LION. E S:, 4. VIII LOCATION •• '�';;� �:= ...."4 • ' 1' - -•- III :it' . :,. 'jr ,! :�,. ..1.RISER .\) Illill p . �-.r ., : : ,won Ric v yAl PD. •• -4"NA144. OMNI wow 11111...21110 '... .s...■wo. it lb- -■ rillF1 MI gib ap...e*?;4 PAT.;,-,,Air�"'i�► ���•. I-••t• 4,f ��-_ • ; �. 'liar- slot II :11' I :tea f�1.1I. .. . „ . -- cl _ rmi if1i: a M' "lift~~l j4ji1i'ñ I1il 0111g' _ i 1.711111111141111 mite.±±.• A LI.40. jell1011■-•-•2....I spiss7...-- • .,, ' .\ liq:1111PAT . i t. LI .....ilia7:-. INV r io. r .r 111111.1aimmillni".. .... \44,. N ' -1 ....• II1 A h 1641011Witr, ILII:V1 12IP "4 ef4� ` �r .iri�V► �t ♦ 11, :�.-. .I.: tt •,i li A(AB 4' S I I/ ) AIM )111k. I.' % • S MI . I • i. � . . c--(./ ..\( / LOCATION N City ' , . I\iIAP Elk T R iver 13065 Orono Parkway • P.O. Box 490 CASE: V 99-13 Elk River, MN 55330 NI) 14 — \\o I .,I ,b,/ I I \�`\\ "� j Z) Hitt t\bl �. 5TH i I A -6 �1 Q ___ -- �I _ a �� 1 — 113 a \�._iIN lit Ul 7 �I m )� ��r 1� 0� °� ' �' o els 0 _u 9 40 r a 6 �\\ ' -- t,)11DF3-__ 1. 11 i -‘'.-- ' ' I 41D (1/1--- I I Fp1 s 1dri ��I 2� N_. 111 q a I� I ' �� / t. .. __ 2d _,_th_ . , .. _ Sly o V �..Yi L L„..____.....__---.ate .—3» .T-�nM.�vn+r-�. 1 --�' . 71 Q ef�� �...-1. + 0, • s/off eriA_„ �' I z 2 u q■ „` .%/fie///////%/% • ,, / 0 , / a ...-' (0)---- '`o i �,;� - later ■(i',-- u rr if; V:116 -1- = 1 - —Q o tiliP li t- o \ —_ I V 01).2– w rn k ___ ,.., a } - g hill NI Q ,\ J a”% x � a v 1/ W , 4 % ��i 1 I . N I� � �I : Z m,ii ..' iiiiiiiii: c> I W •: .. i\ d I, O 1 Z I,�i F.•..>:`.;::•.:/:: / Q 1 i; > i�II!' V o , v \\ I Q i , W �'rN'JJ o S Z Hal S-1 ' 0. le) 0 4. 5r \ a Ili' N W•d•�11— / 3 a� 1 int , Li, �, a 4+ m z d ,, 003 U lLli co co 1 n I J 10) ® 14 I 0 ,„__-_.. , C- Z _7‘• 1' (7) ip 4 • cn 5 r i Z ��v �� ,'� �_ i 4� % I d ss, ii I "PROPOSED" SIGN 0 • • • „ • '-%; ' . i 4 I • • c .. r(h - '1. coot . - -,..- rs se• '-' -: —4"-----:--,AA-------------sio—, ___------,-- __. -.4.........L._.-:_...-14-----___ _,- z. — . •,>,. Aso ; ,., (f • ,A, 7 _ i, . po...44.5•.a*K--.2‘: A4 ; pirc A.-6,0• .21 - 111, viez-.) 0. 1- '4' 1._ " ... y n',, /91 I-vs-Agoura --..f,j;• r-oorm14-5 1(140,7,44,74, • 00.:1 7_ ..• 1 • - • "-- . '317 a II 1S-: , . i , .. . . . . , - ■ 11 . * I. , 0 L. . .......40. I „...,---,........- 41 "r 4 ./.1-45 - ,..•■■•''''....' 1.1 , - , .1-r a rer MA /1E606 At PA0k4:; j c..ecn i 1 '44044044,10,..0aN=.. eta.`i•Heir's"SS 40//IS. 411114444=, 0 4 erZ4•4444.644014444 (sea spec, soev) =.7 . : , ... .1 24 .n. , .4 ..................... ,,( N 1 ..,...••■= i II ij—IV 8 I . . - : 1 1 f 1 pricy /4//999 I.s'n 41o/ustvc—-Sic.).2,e,cwavotl._ _. lee414.6 6494,11.4 • • 1. I ,,l'wc.0"-'"11-i i-->..-----_..„1.1 1 1..-.._4,•F.i1•I7 i='Di.Na rt.s/M././,imC3.n 8 P,-44/EV 4 4D=.I.I E/i,..7.S))e i.,.[r 1,%'t,1,,,,o.,4...:!uj 1i/11r M x.I 1 6,,i-,,rr z--A 1' t ‘0.0■0..t■1,c-*6‘aZ 0cr-.,ap0 A c/.e3-0•11 i 1 q;i-n .-rC......-.,N'--v.•..,-,.-.A.'.•:.8".-,4•--.'- ;I,i L "-4.. 42r1c7 b./i'w1'I,,14ax'4`7- i.4ol'i.$r5 ,/ . ' 117. 111-8111.11.111X1111111 i I; I : s. 1.. Exam Dr - II I it,' I 6,4 itx-,1 IL 1 um aismaill .,..I i , , .1 X; I exbAtt... (... ....;-• .1 ! -.-- .;C . IL:''''''': 1,-->r-•1.1 ?./.________7Z:4:1. ■ ji< . k ) 1VC IN ,-.-- ----.1\,__ .r ' L.' i.,,,„j=)( //C1--/I'.---,/+,1'.../. • ././...- is S.. .4"-X 0 • • , 1__.---____C i.i v , _,'i•-•••--... ". ".----."---''''1. ..t/ i • ''')n'T-% !■•. .. .--.N6r-Nit.g4-45. 11-, ''',4-i r 'j/\'‘'\ ly./Xi 0-44.■5. -0 pl-tto.$ V /. V •,\., ■ sat° A , ,I"Ns ■ -4,4,stueP I :-• i I i -1....r I% . II' 1 If I ) .. ....1.11 ...mt., 1.■:.-:';.,,...........,....-1 i 1 I I 1 1/"' I'. '1.c..! t 1 t. 1 / \ ; li-f, -•' . . 44 4 P.,,Traen ■:,:e.. .,=.,.....,... /Z....,-..,rs---4-4-....4-........1 4".fe" . .,.,,thl .7..44(.4,1'7". U O s ALTERNATIVE LOCATIONS PLAN \ i'llv fii L , \ ,1 re y ! i i * /i i vii// a ©© \ 0 • /,‘ 0 1 , , \ 0 r: y ,' r b \ ---') 69 1 0 CI Q O 0� 4K ,\y \. = 0 3 s . t r,C L•� R a`.V4* '. ?STK.\ 2 5.'* 0 —r 14 \1E1. ;..- ' • '.v...7), \I lish-11: Joi - -ill:- . lir\ v4,e,..--,4A,, .1-. .) ) 1 , 1 \,_. ob. _Wir. ,---, .. 6,,,,, .s L. q 0 /1 ' la \m's' l�:`� I I ! • Ilia 1: Locatro !I-- - 1• 0 10 i� III N �► c I� .hil Ill : idi ii II 11 Ill _- All \ F • G, 3 2.D 11► i , z \ r 'A4 , � / 1 . 0, M I I IPM//1/k L.Liii 1 • • 4 t, 1%ill ill lii riatii!eP or f•\ 4 a — ►-1 r � ��..��..,,33 ; UIi1!ti ie Ilikil s 1 �� �� ` �'Hp1 c I ,i I= 1 i J � ' 4 f+:1, ,' (4atl f 1 , &j V- 5T. - • \ NEW BUILDING FOR / •.n` •m) µ...straw eamm„•,.;: VANMAN COMPANIES yR 9211 PLYMOUTH AVENUE ST.ANDREWS a "�,e: Mx:Y MINNEAPOLIS.MN 23427 w: Of unfa.nu PAX M44.•wt CATHOLIC CHURCH ELK RfVER,MINNESOTA A0.01RECrs•CONTRACTORS•MANAGE= s • To: Elk River Planning Commission Members From: St. Andrew's Church Date: September 8, 1999 Subject: Freestanding Sign Variance Request St. Andrew's parish is planning a freestanding sign designed by Craig Campbell, an artist who has recently created works at the St, Paul Rivercenter, the University of St. Thomas, and the Mayo Clinic. It will consist of a 3'x 5' etched glass panel, lit from the sides with a fiber optics system, and surrounded with the same brick used on our new church. Cost - more than $5,000. We hope to answer your questions about this request with the following facts. 1. That the literal enforcement ... would cause undue hardship. * Placing the sign within the parking lot along 4th St. would reduce parking spaces. * Placing the sign along Gates Ave. is undesirable as • the city property line is 30 feet from the street. * Placing the sign on the south lawn of the new church would make it unreadable when 4 lanes of parked cars are parked between the street and the sign, especially at weddings and funerals when people from out of town are looking for the church. * Snow removal is already complicated and adding another island would make it worse. 2. That the hardships are peculiar to the land and structure.... * The old church building no longer functions as a church and it's future is undecided. It may be removed. This is not the place for a sign. 3. That the literal application of the provisions ... would deprive the petitioner of rights enjoyed by other properties.... * The sign will measure 56 square feet, well under the allowable size if 96 square feet. page 2 • * Other churches within the old city boundaries have signs in the front of their buildings, near the street, 4. That the special conditions are not a consequence of the petitioner's own action or inaction. * Our church address is 566 4th Street, therefore a sign on 4th street is appropriate and logical. * The city of Elk River approved the church site plan without commenting on sign placement. 5. That the variance will not be injurious...of the residents of the City or the neighborhood... . * Lighting will be from the sides of the glass, and reflect on the etching. * Design is not "commercial"; no spotlights, moving 111 messages, letters that could be removed or vandalized easily. * Brick used on the base and sides of the sign is identical to what was used on the new church, for a unified look. * Dimensions of the sign are only 59 per cent of the allowable size. Clearly, with the church set back from both Gates and 4th street, there is a need for an easily identifiable sign in plain sight. We think we have chosen a design that is both tasteful and practical. Our request is to place the South edge (front) of the sign 3 feet from the city property line on 4th Street as indicated on the plan. •