12-13-2005 BA MIN • MEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS
HELD AT ELK RIVER CITY HALL
TUESDAY, DECEMBER 13, 2005
Members Present: Chair Anderson,Commissioners Lemke,Offerman,Ropp,Scott,Stevens
and Westgaard
Members Absent: None
Staff Present: Community Development Director Scott Clark,Senior Planner Scott
Harlicker,Planner Chris Leeseberg,City Engineer Terry Maurer,
Environmental Administrator Rebecca Haug,and Recording
Secretary Tina Allard
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 Anderson.
2. Consider 12/13/05 Board of Adjustments Agenda
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER ROPP TO APPROVE THE DECEMBER 13,2005 BOARD OF
ADJUSTMENTS AGENDA. MOTION CARRIED 7-0.
• 3.1. Request by Hassan 101.LLC to Appeal Staff's Interpretation of Section 30-859 of the City's
Land Use Regulations.Regarding an Off-Premise Sign.Public Hearing-Case No.V 05-05
Mr. Harlicker stated the applicant is requesting a variance to staff's interpretation that a
freestanding pylon sign is not allowed on Outlot A,Hals Addition.Mr. Harlicker explained
that according to the zoning ordinance,the applicant's sign is considered a structure;and a
structure is defined as a development;and therefore cannot be installed on the outlot as
development is not allowed on an outlot. Mr.Harlicker further explained that the applicant's
sign would not be allowed according to Section 30-859 of the Zoning Code regarding
Prohibited Signs.He stated that Outlot A and an adjacent lot(728 Railroad Drive) are both
owned by the applicant.
Commissioner Ropp questioned the dimensions and appearance of the proposed sign.
Mr.Harlicker stated he was not given that information.
Chair Anderson opened the public hearing.
Jim Gooley,representing the applicant-Stated he considered the outlot and the adjacent lot
to be one lot.
Chair Anderson closed the public hearing.
Commissioner Lemke questioned if any other signage would be used at the site.
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Mr.Harlicker stated there would be three wall signs and there could be one freestanding sign
on the building lot. •
Mr. Gooley stated each wall sign would be facing Jackson Avenue,Railroad Drive,and King
Avenue. He also distributed a handout of a proposed sample sign for the outlot site.
Commissioner Lemke questioned if the former lumber yard was in compliance with their
signage
Mr.Harlicker stated no.
Commissioner Offerman stated the proposed equipment rental center will be an
improvement over the former lumber yard.He stated he didn't have any issues with the sign
being allowed on the outlot since the applicant owns it.
Mr. Harlicker stated the sign would have to comply with the C3 zoning requirements (the
height of the sign would be based on the speed limit of the adjacent highway).He stated the
sign could be 30 feet tall and 110 sq. ft. on each side if based on being adjacent to Highway
10. If based on an adjacent street(Railroad Drive) then the sign could be 20'tall and 64 sq. ft
on each side.
Commissioner Westgaard stated he concurred with Commissioner Offerman but would like
to work with the applicant on the sign dimensions and appearance.He questioned if the
applicant could pull a trailer sign onto the outlot.
Mr. Harlicker stated the applicant would be allowed to place a trailer sign in for 90 days each
year according to the Temporary Sign ordinance. •
Chair Anderson stated the Commission needs to consider the interpretation of the
definitions in the zoning ordinance. He stated he didn't think the Commission should be
able to consider the sign dimensions/appearance because if allowed it would have to follow
the C3 zoning requirements.He stated he supports staff's interpretation of the ordinance
that the sign does not qualify as an allowable use on the outlot.
Commissioner Stevens concurred with Chair Anderson.He stated the sign does not meet
the requirements of the zoning ordinance and felt there is adequate space on the adjacent lot
for signage.
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER ROPP TO DENY VARIANCE V 05-05, FOR A
FREESTANDING SIGN TO BE ALLOWED ON OUTLOT A,HALS
ADDITION. MOTION CARRIED 4-3. Commissioners Offerman,Lemke,and
Westgaard opposed.
3.2. Request by Prosource Technologies.Inc. for Setback Variance to Reduce the Setback of an
Antenna Tower from 150 Feet to 50 Fee,Public Hearing,Case No.V 05-06
Mr. Harlicker stated the applicant is requesting a variance to the setback requirement for
antenna towers.The tower is 150 feet tall and therefore the setback requirement is 150 feet
from all property lines.The applicant is requesting a variance of 100 feet from the setback
requirement on the south property line to allow a 50 foot setback.Mr.Harlicker reviewed •
the five standards that must be met for a variance and the applicant's response to each
• standard.
Commissioner Ropp questioned if the city owned the property the tower would be installed
on and if the need for the tower is directed by the city's need for an 800 MHz radio system
near City Hall.
Mr. Harlicker stated yes.
Chair Anderson opened the public hearing.
There being no one to speak to this issue, Chair Anderson closed the public hearing.
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER LEMKE TO APPROVE VARIANCE V 05-06 TO PROSOURCE
TECHNOLOGIES TO ALLOW A SETBACK OF 50 FEET BASED ON THE
FINDINGS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 7-0.
4. Other Business
There was no other business.
5. Adjournment
There being no further business,MOVED BY COMMISSIONER LEMKE AND
1111 SECONDED BY COMMISSIONER WESTGAARD TO ADJOURN THE
MEETING. MOTION CARRIED 7-0.
The meeting of the Elk River Board of Adjustments adjourned at 7:00 p.m.
Respectfully submitted,
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Tina Allard
Recording Secretary
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