7.4. SR 10-17-2016Request for Action
To Item Number
Mayor and City Council 7.4
Agenda Section Meeting Date Prepared by
Public Hearings October 17, 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
Cal Portner, City Administrator
55-foot variance to structure height limit
Action Requested
Additional Sign
Deny, by motion, the variance request by Vanman Architects and Builders to allow a second freestanding
sign 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 numbers 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.
Background/Discussion
Case No. V 16-09
The applicant, Vanman Architects and Builders, on behalf of Gateway Church, is proposing to construct
a second freestanding sign with a height of 75.5 feet on the west side of the existing building. Vanman
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Architects is requesting two variances at 13913 185 Ave NW. The first variance request is to permit an
additional freestanding sign. The second variance request is for an additional 55.5 feet, nearly three times
the permitted sign height limit of 20 feet. 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.
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. Freestanding signage shall not exceed 20 feet in height.
Applicable Regulation
(The applicant’s responses are italicized with staff’s 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 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.
Additional Sign
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 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.
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.
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 nearly 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
property.
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.
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 more than twice as tall 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 speeds along HWY 10, 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.
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 staff’s 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
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.
Board of Adjustment Meeting Summary
The Board of Adjustments noted the requirements for the Single Family Residential (R1-b) district are
clear and the proposed sign would go against the character of the area.
The applicant spoke to the reason for the variance and questioned why the cross is considered a sign and
not a religious symbol. The applicant referenced Section 30-852(b) stating religious symbols are not
defined as a sign. That section states: nor shall this subdivision regulate…the copy and message of signs;
religious symbols. Staff provided this section to the applicant prior to seeing any renderings or concepts,
to inform the applicant that content is not regulated by this ordinance. In response to the applicant
during the Board of Adjustments meeting, staff stated the content of signs is not regulated by the city.
However, the size, location and height of all signs and structures are regulated by the city code for which
this proposed sign requires a variance. The applicate questioned if the religious symbol was placed on the
roof would be acceptable. Staff stated that roof signs are not permitted by the city code. The applicant
also questioned if the symbol was attached to the building. Staff stated if attached to the building all
primary structure height limit requirements would have to be met. For residential districts the primary
height regulation is 40 feet.
The applicant noted that he has worked for a number of churches throughout the City of Elk River and
has not run into this issue elsewhere. The applicant indicated the cross on the Church of St. Andrews
was much taller than what they were requesting (75’). Based on drawings in the building department files,
the height of the main Church of St. Andrews building is 64 feet to the top peak, which does not include
the cross. The cross appears to be less than 10 feet tall. The church exceeds the maximum height of 40
feet, and is considered a legal non-conforming structure.
Prior to the Board of Adjustments meeting, staff received one written comment and one phone call
against the variance request to construct a 75.5 foot sign in a residential neighborhood. No one else
spoke for or against the request at the Board of Adjustments meeting.
The Board of Adjustments unanimously recommended denial of the request for a second sign and the
request for a 55-foot variance to the sign structure height limit (20 feet).
Staff prepared a spreadsheet of all signs, sign permits, and variance requests for religious establishments
in the City of Elk River.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99 the required 60-day review period ends on October 28, 2016.
Attachments
Location Map
Applicant’s Narrative
Site Plan Exhibit
Comments Received
Religious Signage in the City of Elk River Inventory
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Narrative
Variance Request for Gateway Church
August 29, 2016
Gateway Church is located at 13913 185th Ave NW, Elk River, MN 55330 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 10, 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.
Item 5-V 16-10
sway Church Elk River, Minnesota
6"
Proposed Tower Cross
6/3/2016
AAN ARCHITECTS AND BUILDERS - 9600 54th Ave N #180 - Piymouth, Minnesota 55442 - 888.327.2617 - 763.541.9552 - 763.541.9857 - www.vanmanab.com
Lvfs
VANMJ
architects and bi
1/8" thick aluminum, standoff
mount to face and backed
6" diameter steel pole with 12"x12"x1" steel match
plate and gussets for mounting to the tower.
_____v_
From:noreply@civicplus.com
To:Simon, BrieAnna
Subject:Online Form Submittal: Send BrieAnna an Email
Date:Monday, September 26, 2016 3:55:22 PM
Send BrieAnna an Email
TO: BrieAnna Simon
First Name Robert
Last Name Underhill
Reply Email Address mrbunderhill@gmail.com
Subject V16-10 Gateway church
(Section Break)
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. I 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
Information submitted is considered public data.
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Page 1 of 3
Religious
Establishment Signs Address Photographs Zoning District Wall Sign Permit Issued Freestanding /
Monument Sign Permit Issued Building Height Year Built
Gateway Church 13913 185th
Ave NW
Single Family Residential
(R1-b)
One Sign:
72.3 sq. ft. /
6.5 ft. tall
3/2009 One Sign: 70.1 sq. ft. /
9 ft. tall 3/2009 31 Feet
(Top of Arch)2008
Emmanuel Lutheran
Church
1506 Main St
NW
Single Family Residential
(R1-c)--One Sign: 52 sq. ft. /
8.3 ft. tall 6/2013 27 Feet
(Top of Peak)Addition - 2001
Holy Trinity
Episcopal Church
1326 4th St
NW
Single Family Residential
(R1-c)--One Sign:
No Dimensions No Sign Permits Received
38 Feet
(Top of Peak Excluding the
Religious Symbol - Symbol
not included in any building
plans)
1891
Addition - 1962
Elk River United
Methodist Church
1304 Main St
NW
Single Family Residential
(R1-c)--One Sign - 32 sq. ft. /
7.5 ft. tall 1/2006
32.5 Feet
(Top of Roof Excluding the
Religious Symbol)
Addition - 1980
Addition - 1990
Addition - 2011
Union Congregation
UCC
1118 4th St
NW
Single Family Residential
(R1-c)--One Sign:
No Dimensions No Sign Permits Received
54 Feet
(Top of Peak Excluding the
Religious Symbol)
1881
Addition 1999
Church of St.
Andrews
566 4th St
NW
Single Family Residential
(R1-c) / Two Family
Residential (R2-a)
One Sign:
43 sq. ft. /
3.75 ft. tall
Permit
Never Issued -
10/2010
(1) Bell Tower: 20 ft. tall
top of structure excluding
roof and religious symbol
30.5 ft. tall including roof
and religious symbol
(2) School: 32 sq. ft. /
7.5 ft. tall
(3) Monument Sign
Church (South Entrance):
No Dimensions
(4) Freestanding Sign
Church (East Entrance): No
Dimensions
(1) Building Permit:
10/2008
(2)Sign Permit: 7/2008
(3) No Permit:
Does not meet setback
requirements
(4) No Permit: Located in
the right-of-way
64 Feet
(Top of Peak Excluding the
Religious Symbol)
52 Feet
(Top of Building Excluding
Peak)
1997
City of Elk River Religious Signage Inventory 2016
Page 2 of 3
Religious
Establishment Signs Address Photographs Zoning District Wall Sign Permit Issued Freestanding /
Monument Sign Permit Issued Building Height Year Built
Laestadian Lutheran
Church of Elk River
948 Proctor
Ave NW
Single Family Residential
(R1-c)-No Permanent
Signage -No Permanent Signage -
Central Lutheran
Church
1103 School
St NW
Multiple Family Residential
(R4)--
(1) Bell Tower:
560.5 sq. ft. / 43.5 ft. tall
(2) Monument Sign Church:
64 sq. ft. / 8 ft. tall
(3) Freestanding Sign
School:
16 sq. ft. / 4 ft. tall
(1) Building Permit:
8/1975
(2) 10/2012
(3) Variance (V 13-09) for
Second Freestanding Sign:
2/2013
28 Feet
(Top of Peak)1988
The Crossing Church
of Elk River
829 School St
NW
Multiple Family Residential
(R4)
One Sign -
52.5 sq. ft. /
2.5 ft. tall
7/2015 One Sign: 156 sq. ft. /
19.5 ft. tall 9/2013 34 Feet 2 Inches
(Top of Peak)Addition - '2013
Twin Lakes Christian
Church
18912 Twin
Lakes Rd
NW
Single Family Residential
(R1-c)--One Sign: 33.5 sq. ft. /
12 ft. tall 11/2008 31 Feet
(Excluding Bell Tower)2003
Page 3 of 3
Religious
Establishment Signs Address Photographs Zoning District Wall Sign Permit Issued Freestanding /
Monument Sign Permit Issued Building Height Year Built
Solid Rock Christian
Academy
11800 196th
Ave NW
Single Family Residential
(R1-a)
One Sign:
No Dimensions
No Permit
Received --
24 Feet 9 Inches
(Top of Religious Symbol
Above Roof Line)
1985
Abiding Savior
Lutheran Church
12942 193rd
Ave NW
Single Family Residential
(R1-c)--One Sign: 35 sq. ft. /
7 feet 3 inch tall 4/1992 25 Feet
(Top of Peak)1991
River of Life 21695 Elk
Lake Rd NW
Single Family Residential
(R1-a)
One Sign:
12 sq. ft.5/2001 One Sign: 84 sq. ft. 5/2001 -2000
Addition - 2006
Living Waters
Church
21246
Meadowvale
Rd NW
Single Family Residential
(R1-a)
One Sign:
12 sq. ft.11/2000 One Sign: 25 sq. ft. /
2.5 ft. tall 11/2000 -2000
Elk River Lutheran
Church ELCA
729 Main St
NW Downtown District (DD)One Sign:
33.3 sq. ft.5/2013 ---
Glory of Christ
Fellowship 707 US-10 Downtown District (DD)-No Permanent
Signage -No Permanent Signage -
Section 30-879:
Single Family Residential (R1) -
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. Freestanding signage shall not exceed 20 feet in height.
f v-doLo- -7, 9
(o-+1-,)-06 CCJV
Properties at Legal Description, River Place Development
Signatures opposed to Gateway Church advertising sign. Packet, Agenda 7.4
Location ; Gateway Church Sign at 13913185th Ave N.W. Elk River MN
"Reason for parties against this action are listed in order below*
These signature's represent as property owners, A sign that is 75 feet, 55 feet, or 50 feet or any sign
that Is defined not legal within a residential sone would as followed:
1.) Interference with these rights to enjoy the property as intended at the time of Purchase.
2.) Could decrease the value of the home's in River Place Development
3.) May Interfere with selling or buying homes in the future.
4.) Homes adjacent would have Zoning interference. (Meaning Zoning is Residential)
If you are against the Gateway church Sign, Please sign this petition if you are a Residential Home
owner at River place Development.
(River Place Development is adjacent to Gateway Church)
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