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3.1. BASR 09-23-2003 • Item #3.1 City of Elk River MEMORANDUM TO: Board of Adjustments FROM: Chris Leeseberg, Planner DATE: September 23, 2002 SUBJECT: Case No. V 03-03 Request by Chad Lundquist (Riverview Sports) for Variance Regarding Sign Ordinance Request The applicant requests that a variance be granted to allow a second sign advertising their • business to be placed on a different property than that of the business. 60-Day Rule To comply with the 60-day rule,without an extension,this item needs action by October 23, 2003. Attachments • Location Map • Applicant's Narrative • Site Plan • Aerial Photo • Photos of Subject Property Location 17441 East Highway 10 Zoning/Land Use C3,Highway Commercial/HB,Highway Business • Memo to Board of Adjustments September 23,2003 Page 2 411 Existing Conditions The business has an existing freestanding sign located in front of the business. Access to the site is via a frontage road off of 173' avenue,which is approximately 1000-feet east of the business. Access to the site has been restricted with the closing of the crossover at the location of Napa Auto Parts and the Saxon dealership. Overview As was stated by the applicant's narrative,they would like to install a second freestanding sign east of the business (on a separate property on an existing sign pole) closer to the intersection of Highway 10 and 173'd Avenue. The sign will be approximately 250-feet away from the existing sign. The applicant feels that with the closing of the crossover on Highway 10 as well as the construction of the large concrete retaining wall,the visibility and access to the business has been adversely affected. The property in which they want to place the sign is currently owned by the applicant's family. They feel that with the additional signage, customers and public will better be able to identify the access to the site at the intersection of Hwy 10 and 173'd Avenue. Staff would concur that access has been altered to the site,yet the placement of the second sign would have very limited effect on the indicating the access location, as the sign is only about 250-feet away from the existing sign which is still some 700-feet away from the intersection. The current sign is highly visible from Highway 10 in both directions. • Some possible alternatives might be that the applicant could work with MnDOT to provide one of the "blue signs" that help direct motorists to specific businesses,if possible increase the height of the existing sign or look into using one of the billboards along Highway 10. Analysis In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: 1. Literal enforcanent of the orzlinancewill cause undue hardship. Literal enforcement would not cause undue hardship, as it would not prevent the applicant from advertising the business. 2. The hardship is caused by special conditions and ciyrwnsta ca,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. Other businesses are located on sites that are only accessed by a frontage road. 3. The literal application of the provisions of this ordnance woulddeprite the petitioner of rights enjoyed by other properties in the same district under the teens of this ordinancz S:\PLANNING\Case Files\2003\V 03-03 Riverview Sports\V 03-03.DOC Memo to Board of Adjustments September 23,2003 Page 3 • The applicant can provide visible signage to the highway,as do other business on frontage roads. 4. The special conditions and cirzxrmstances are not a consequence of the petitioner's ozen action or inaction. There are not special conditions or circumstances. S. The variance will not be injurious to oradirrsely affect the health,safety or welfare of the residents of the city or the neighlvihaod where the property is locate l and will be in keeping with spirit and intent of the odinanw The request would not adversely impact other properties in the vicinity. Recommendation Staff recommends that Board of Adjustments deny the request by the applicant as it does not meet all five criteria needed to grant a variance. • • S:\PLANNING\Case Files\2003\V 03-03 Riverview Sports\V 03-03.DOC -7 kk.,,/LC" �� B L 0 9 Kh AVENUE O II WI iiiIIMi , lab) 'yam 'a Rim ii;i1 ,\1\, 2 I DUSTRIAL CIRCLE) o0 0°"°°— CI r k <<\ \ a i< ,�IE O ,4„. _ 0 o m lin 111111a fE4itbkiik ,\ ...tx.N,,... \_, 3 © �'�'� f „... , ,\ , _ \\, ilit . ..1 0 , , , ,, ,''''' \ / X r\ ik ' ''' \'''‘,. \ri\\\ \714011■1, -'11 s' irri,i, . a'',,,,,,_ ',,,,:::‘,,, \ H . W' 9 4 1 Z ���♦�� :''s RQS� 3 (P-IVA_ ,_ A .. ,._. L.,-1 Ell \5 ' — — �‘ r 173RD \\AV:N„ '3RD 8; Elk iiiii Ilail ., 1 -‘ 111 ree r ! iii j� ' ''' \ �1 : q 3 PARK 1 72ND �tr�s�� t AND RIDE ��,Z 1 �YX �� EEFEgVEE �i -. 3 I 1 SEc0.0 1oN VI . . of 171ST ,. EN I • ��171ST � �illifillAt�� _ J,,, 4 Location Map N _, 1 River Case Number: V 03-03 RIVERVIEW SPORTS • Riverview Sports has been put under hardship beyond our control twice in the past few years. In the spring of 1996 the Highway Department built a large concrete retaining wall which blocks the view of our business from vehicles passing on the highway. The department also installed a chain link fence on top of this wall, further hindering our exposure. Just this past fall (2002) the turn giving access to Riverview Sports for eastbound traffic on Highway 10 was closed. Now traffic has to go farther down the road to turn left and come back west to our store. Customer traffic has definitely slowed down this past winter and spring because of this inconvenience. The city ordinance in question is not really fairly applicable in our case either. We are a family owned business with the affected parcels of land in the names of Les, Caryn or Chad Lundquist. Riverview is a sole propri- etorship owned by Les & Caryn, and Chad is their son. We are all family, • and the property is share usage. The service road is a dead end road; there is no other place Riverview can put a sign to indicate access to the business. We are planning to refurbish the existing sign and plan to use the existing sign poles. We also will be removing approximately ten feet from the top of the poles. The existing sign is probably 50 plus years old, and, to our knowledge, there has never been so much as a fender-bender involved with it. So the old sign can be left as is - or it can be refurbished if this variance is granted. • I, , i • tiO Pa - cel 3 3. o N NM ° 97'z4 "E 30,00 V N , i r V i p3 \ _ y ' �`N7 '\ " I V 0' I � rr r It. 41 2O 00 ' '■ w °�, r 17 A F . 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