4.2 BASR 09-27-2016City of
El
River
Request for Action
To
Item Number
Board of Adjustments
14.2
Agenda Section
Meeting Date
I
Prepared by
Public Hea6
September 27, 2016
BrieAnna Simon, Planner
Item Description
Reviewed by
Vanman Architects and Builders - Gateway Church
Peter Beck, City Attorney
13913 185th Ave NW
Reviewed by
■ A second freestanding sign in a residential
Zack Carlton, Planning Manager
district
■ 55 foot variance to structure height limit (20
feet), Case No. V 16-10
Action Requested
Additional Sian
Deny, by motion, the variance request by Vanman Architects and Builders to allow a second freestanding
signs for the following reasons:
1. The variance is not in harmony with the general purpose and intent of the ordinance.
2. An additional sign is not consistent with permitted institutional uses in a residential district.
3. The proposed additional sign is not using the property in a reasonable manner.
4. There is no hardship unique to the property, as the property already has a functioning sign on site
which can be increased in height, increasing visibility, while maintaining ordinance requirements.
5. The essential character of the locality will be altered if the number of signs exceed the limit for
permitted nonresidential uses in a residentially zoned district.
Additional Height
Deny, by motion, the additional height variance request for the following reasons:
1. The variance is not in harmony with the general purpose and intent of the ordinance.
2. A sign three times the allowed height is not consistent with permitted institutional uses in a
residential district.
3. The additional height is not using the property in a reasonable manner.
4. There is no hardship unique to the property, as the property already has a functioning sign on site
which can be increased in height, increasing visibility, while maintaining ordinance requirements.
5. The essential character of the locality will be altered if a sign exceeding the allowed height by
more than three times is allowed.
If the Board of Adjustments denies the request, or an appeal is made by any interested party by October
10, 2016, the application will automatically be forwarded to the City Council for consideration. That
meeting will be held on Monday, October 17, 2016, at 6:00 p.m.
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Background/Discussion
Case No. V 16-09
The applicant, Vanman Architects and Builders on behalf of Gateway Church, is proposing to construct
at second freestanding sign with a height of 75.5 feet on the west side of the existing building. Vanman
Architects is requesting two variances at 13913 185rh Ave NW. The first variance request is to permit an
additional freestanding sign. The second variance request is for an additional 55.5 feet beyond the
permitted sign height limit. The property is located within the Single Family Residential (R1-b) zoning
district and is a permitted institutional use. The property was purchased by Elk River Alliance Church in
2006, and the existing freestanding sign was approved and constructed in 2009.
The city ordinance outlines signage for this property in Section 30-879 of the city code as follows:
For permitted nonresidential uses, such as churches, synagogues, and schools, in residentially zoned
areas, one on -premises freestanding sign and one wall sign, not to exceed 96 square feet in total sign
area. Where a zoning lot has in excess of 1,000 linear feet of combined street frontage, the total sign
area shall not exceed 192 square feet with no more than 96 square feet per sign. Freest�andine
signage shall not exceed 20 feet in height.
Applicable Regulation
(The applicant's responses are italicized with staffs notes after.)
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
1. Is in harmony with the general purpose and intent of the ordinance, and
The cross at the top of the tower will be light with LEDs and will provide an fident and understated symbol
indicating the location of the church. This is not a large obstructive sign thatyou might see at a fast food
restaurant, but a nicely lit symbol to hep attract practitioners to the church. The new tower and lit cross with
the height that has been requested serves several purposes without being obtrusive to the surrounding
neighborhood
Additional Si�ri
The intent of the sign ordinance is to provide standards for effective use of signs for both the
economic vitality and aesthetics of the community and neighborhood. Depending on the size
and location, an additional sign may or may not alter the aesthetic of the community. In this
case, this is the only residentially zoned property with an institutional use along 185th Avenue
that has signage. The intent of the ordinance is to limit the number of signs, for permitted
nonresidential uses, in a residentially zoned district. The general purpose and intent of the
ordinance is not met with the addition of a second free standing sign.
Sign Height
The intent of the sign ordinance also protects the health and welfare of residents and
neighbors while maintaining consistency in neighborhoods. The height requirements outlined
in the ordinance (i.e., 20 feet) can be met while providing adequate wayfinding signage. This
is the goal of the variance request.
Providing additional height beyond what is permitted by ordinance does not protect the
health and welfare of residents or consistency of the neighborhood as the taller sign, which
NADepartments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\4Planning Commission\V 16-10 sr BA 9-27-16.docx
inherently is a beacon, will be more visible from neighboring properties compared to a
shorter, compliant sign that may not be. The intent is to limit the height of signs, for
permitted nonresidential uses, in a residentially zoned district. When the City Council
approved the 20 foot height limit, they determined the height was an appropriate height for
permitted nonresidential use signs in a residential district. The general purpose and intent of
the ordinance is not met with a sign exceeding the allowed height by more than three times
the permitted height.
2. Is consistent with the City of Elk River comprehensive plan.
IYIe feel that all things considered the additional free standing tower will not alter the essential character of the
locality or detract from the look and feel of the neighborhood additionally it would enhance the draw of the
church to new and future attendees to hep build a stronger community in the Elk River area.
Additional Sign
The property has a land use designation of residential and the existing institutional use is
consistent with the comprehensive plan. However, an additional sign is not consistent with
permitted institutional uses in a residential district.
Sign Height
The property has a land use designation of residential and the existing institutional use is
consistent with the comprehensive plan. However, a sign three times the allowed height is not
consistent with permitted institutional uses in a residential district.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by
the zoning ordinance;
There will be no change in property use and will remain in compliance with the Zoning ordinance regarding use
in grope 0.
Additional Sign
The subject property is currently being used in a reasonable manner while conforming to the
sign ordinance. The existing sign is 11 feet tall, 9 feet shorter than what is allowed. The
applicant's narrative indicates the increased height will indicate the location of the church.
The applicant could increase the height of the existing sign and maintain ordinance standards
to accomplish the stated intent of the additional sign. Adding an additional sign would not be
using the property in a reasonable manner.
Sign Height
The intent of the sign ordinance is also to protect the health and welfare of residents and
neighbors while maintaining consistency in neighborhoods. The height requirements outlined
in the ordinance of 20 feet can be met while still providing wayfinding signage. Providing
additional height than what is permitted by ordinance does not protect the health and welfare
of residents as the taller sign, which inherently is a beacon, can be more visible from
neighboring properties where a shorter, compliant sign, may not. With an increased sign
height of a second sign, the property would not be used in a reasonable manner.
M\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\4-Planning Commission\V 16-10 sr BA 9-27-16.docx
For reference, the city's most intensive commercial zoning district is Highway Commercial
(C-3), along Highways 10 and 169, and limits freestanding sign height to 30 feet. It is not
reasonable for an institutional use, in a single family district, to have a sign over two times
taller than what is permitted for commercial uses in the C-3 district.
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; and
Due to the traffic peels along HW1Y 10, the height of the cross will hep identi
ft the property as a church.
lYlithout the additional height the cross would not be fully visible from the highway. The extra height would
allow for a clear view at a longer distance.
Additional Sign
There is no hardship, as the property already has a functioning sign on site and has the option
of increasing its height while meeting ordinance requirements. The property has no unique
physical features to it; it is flat with little to no vegetation. The applicant purchased the
property as a vacant parcel, master planned their site, and built the existing church in its
current location. The property has been zoned single-family residential for the duration of
and prior to the applicant owning the property.
Sign Height
There is no hardship, as the property already has a functioning sign on site which can be
increased in height while maintaining ordinance requirements. The property has no unique
physical features to it; it is flat with little to no vegetation. The applicant purchased the
property as a vacant parcel, master planned their site, and built the existing church in its
current location. The property has been zoned single-family residential for the duration of
and prior to the applicant owning the property. The permitted sign height of 20 feet provides
adequate wayfinding signage from adjacent roadways.
5. The variance, if granted, will not alter the essential character of the locality.
The essential character of the locality will remain as is.
Additional Sign
An additional sign would alter the essential character of the area, which is residential. This is
the only residentially zoned property with an institutional use along 185th Avenue that has
signage. The intent of the ordinance is to limit the number of signs, for permitted
nonresidential uses, in a residentially zoned district. The essential character of the locality
would be altered if the number of signs will exceeds the limit for permitted nonresidential
uses in a residentially zoned district.
Sign Height
Additional sign height would alter the essential character of the area, which is residential. This
is the only residentially zoned property with an institutional use along 185th Avenue that has
signage. The intent of the ordinance is to regulate the physical dimensions of signs, for
permitted nonresidential uses, in a residentially zoned district. The essential character of the
locality would be altered by a sign exceeding the allowed height by more than three times.
Based on staffls analysis, criteria #1, #3, #4 and #5 are not met. The intent of the ordinance is to protect
the health and welfare of residents and neighbors while maintaining consistency in neighborhoods. The
NADepartments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\4Planning Commission\V 16-10 sr BA 9-27-16.docx
number of and height requirements can be met while providing adequate wayfinding signage, again, this
is the goal of the variance request. Providing additional signage and increased height than what is
permitted by ordinance is not consistent with the neighborhood or zoning district and is not using the
property in a reasonable manner.
Financial Impact
None
Attachments
■ Location Map
■ Applicants Narrative
■ Site Plan Exhibit
N:\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\4-Planning Comnussion\V 16-10 sr BA 9-27-16.docx
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VAN MAN
architects and builders
Narrative
Variance Request for Gateway Church
August 29, 2oi6
Gateway Church is located at 13913185th Ave NW, Elk River, MN 5533o and in order to
enhance their property they would like to add a tower with a lit cross to help identify
their church from road. Therefore, Gateway Church is requesting 2 Variances in order
add the cross. Gateway church is requesting a variance to the proposed sign as it
exceeds the 20-foot sign height requirement. Additionally, the proposed sign is the
second free-standing sign for the site and Gateway Church is requesting a variance to
allow both signs.
The variance(s) is in harmony with the general purpose and intent of the ordinance.
The cross at the top of the tower will be light with LEDs and will provide an
efficient and understated symbol indicating the location of the church. This is
not a large obstructive sign that you might see at a fast food restaurant, but a
nicely lit symbol to help attract practitioners to the church. The new tower and
lit cross with the height that has been requested serves several purposes
without being obtrusive to the surrounding neighborhood.
The variance(s) is consistent with the City of Elk River comprehensive plan.
We feel that all things considered the additional free standing tower will not
alter the essential character of the locality or detract from the look and feel of
the neighborhood additionally it would enhance the draw of the church to new
and future attendees to help build a stronger community in the Elk River area.
The petitioner proposes to use the property in a reasonable manner not permitted
by the zoning ordinance.
There will be no change in property use and will remain in compliance with the
zoning ordinance regarding use in property.
The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petition's own action or inaction.
Due to the traffic speeds along HWY 1o, the height of the cross will help identify
the property as a church. Without the additional height the cross would not be
fully visible from the highway. The extra height would allow for a clear view at a
longer distance.
The variance(s) if granted, will not alter the essential character of the locality.
The essential character of the locality will remain as is.
9600 54th Ave N, Suite 180 • Plymouth, MN 55442
Toll Freer 888.327,2817 • Local: 763.541.9552 • Fax: 763,541,9857
www.vanmanab.com
6"
=way Church Elk River, Minnesota Proposed Tower Cross 6«t2016
JIAN ARCHITECTS AND BUILDERS - 9600 54th Ave N #180 - Plymouth, Minnesota 55442 - 888.327.2817 - 763.541.9552 - 763.541.9857 - www.vanmanab.cam
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VANM�
architects and bt
118" trick aluminum, standoff
mount to face and backed
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6° diameter steel pole with 12"x12"x1" steel snatch
Plate and gussets for mounting to the tower.
Simon, BrieAnna
From: noreply@civicplus.com
Sent: Monday, September 26, 2016 3:55 PM
To: Simon, BrieAnna
Subject: Online Form Submittal: Send BrieAnna an Email
Send BrieAnna an Email
TO: BrieAnna Simon
First Name Robert
Last Name Underhill
Reply Email Address mrbunderhillCcD-gmail.com
Subject V16-10 Gateway church
Comments Hello BrieAnna, I spoke with you on Friday about the Gateway
Church and the variance they're requesting. I tried emailing you
on Friday, but the email got returned today it looks like. In
regards to this 75' sign, I found the details online about this
variance and the "notice of public hearing" you sent is out is
very misleading on the details of this project and this should be
re -submitted to the people. We don't need some, humongous
75' cross next to a little tiny church and create such an odd
distraction to the neighborhood. This is not an overpass
highway that needs something that high to be noticed. This is a
non-profit organization, not a gas station next to 94. 1 can
understand they want to be noticed but can you name one
church that has something similar to that? p.s. They can
remove the trees in front and back of the existing sign so
people can read it for starters. Bob Underhill 763-442-1329
Disclaimer
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