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3.1A BASR 10-25-2016 DRAFT MIN Meeting of the Elk River Board of Adjustments Held at the Elk River City Hall Tuesday, September 27, 2016 Members Present: Chair Eric Johnson, Commissioners Andrew Crook, Jill Larson-Vito and Brad Thiel Members Absent: Commissioners Mark Konietzko and Mike Nicholas Staff Present: Planning Manager Zack Carlton, Planner BrieAnna Administrative Assistant Debbie Huebner Also Present: Councilmember Barb Burandt, Council Liaison 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 Johnson. 2.Pledge of Allegiance The Pledge of Allegiance was recited. 3.Consider September 27, 2016, Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the September 27, 2016, Board of Adjustments agenda. Motion carried 5-0. th 4.1 Glen Brown Ï 604 5 Street NW Variance to Driveway Width and setback regulations, Case No. V 16-08 Zack Carlton presented the staff report. Staff recommended appr variance request and denial of the zero foot setback variance, b the staff report. Chair Johnson opened the public hearing. There being no public c closed the public hearing. The Board of Adjustments reviewed the five criteria for the driveway width variance request as follows: 1.Is in harmony with the general purpose and intent of the ordinan Board of Adjustments Minutes Page 2 September 27, 2016 ----------------------------- Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request meets Criteria #1. Motion carried 5-0. 2.Is consistent with the City of Elk River comprehensive plan. Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein that the request meets Criteria #2. Motion carried 5-0. 3.The petitioner proposes to use the property in a reasonable mann zoning ordinance. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request meets Criteria #3. Motion carried 5-0. 4.The plight of the petitioner is due to circumstances unique to t consequence of the petition's own action or inaction. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request meets Criteria #4. Motion carried 5-0. 5.The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request meets Criteria #5. Motion carried 5-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to approve the request Glen Brown for a driveway width variance, Case No. V 16-08, based on the finding that all five criteria can be met, and the following reasons: 1.The general purpose and intent of the ordinance are met if the driveway is limited to 40 feet wide. 2.The property has a land use of residential and the use is consistent with the comprehensive plan. 3.The proposed use on the property, while adhering to setbacks, would be used in a reasonable manner and is permitted in the zoning ordinance. 4.The existing driveway is a legal non-conforming driveway that will move closer to compliance with a variance. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own inaction. 5.The variance will not alter the essential character of the locality. and, with the following conditions: 1.The driveway shall not exceed 40 feet in width anywhere along its length and shall be setback at least 5 feet from the property lines. 2.Turf shall be established for the five feet of property between e west edge of the driveway and the property line. Board of Adjustments Minutes Page 3 September 27, 2016 ----------------------------- 3.The applicant will be responsible for all permits and incurred costs for the demolition and construction of the curbing. Motion carried 5-0. ------------------------------ The Board of Adjustments reviewed the five criteria for the driveway width variance request as follows: 1.Is in harmony with the general purpose and intent of the ordinan Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request does not meet Criteria #1. Motion carried 5-0. 2.Is consistent with the City of Elk River comprehensive plan. Motion by Commissioner Thiel and seconded by Commissioner Feinstein that the request meets Criteria #2. Motion carried 5-0. 3.The petitioner proposes to use the property in a reasonable mann zoning ordinance. Motion by Commissioner Larson-Vito and seconded by Commissioner Crook that the request does not meet Criteria #3. Motion carried 5-0. 4.The plight of the petitioner is due to circumstances unique to t consequence of the petition's own action or inaction. Motion by Commissioner Larson-Vito and seconded by Commissioner Feinstein that the request does not meet Criteria #4. Motion carried 5-0. 5.The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel that the request does not meet Criteria #5. Motion carried 5-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Thiel to deny the request by Glen Brown for a driveway setback variance, Case No. V 16-08, based on the finding that criteria 1, 3, 4 and 5 cannot be met. Motion carried 5-0. th 4.2 Vanman on behalf of Gateway Church Ï 13913 185 Avenue NW Variance to the structure height limit and variance for additional free standing sign, Case No. V 16-10 The staff report was presented by BrieAnna Simon. Staff recomme variance requests, citing reasons listed in the staff report. Chair Johnson opened the public hearing. Board of Adjustments Minutes Page 4 September 27, 2016 ----------------------------- Jack Holmes, 830 Fawn Rd. Elk River, representing Vanman/Gateway Church Ï May 20 told by Ms. Simon, according to City Land Use Regulations, 30-852, Item B, religious symbols are not defined as a sign. Based on that information, t architectural and structural drawings, which were submitted to the building department for approval. He stated they were informed the application had been sent back to Planning. On August 22, 2016, they were told that they would need to apply for a variance, which was submitted on August 29, 2016. He stated his question was at what point does a cross not become a religious symbol. He stated that is the structure prop nothing on it other than the cross. He stated he has completed City of Elk River over the years, and questioned why this cross is different than others they installed at other churches, for example, Central Lutheran has a lighted cross, and St. AndrewÔs has a lighted sign, which is much taller than this one. considered a sign and not a religious symbol. Chair Johnson stated that the symbol is not the issue, but rather, the height of the structure. Chair Johnson asked if the other crosses were freestanding. Mr. Holmes stated no, they are attached to the church. Mr. Holmes asked if the cross would be allowed if it were attached to the church. Chair Johnson asked staff if the cross were atta be allowed. Mr. Carlton stated the ordinance prohibits roof signs. He explained that if the cross were attached to the wall and did not exceed the height of the roof, it would be permitted. Mr. Holmes stated they could attach the structure to the building. Mr. Carlton stated that the height limit would still be a maximum of 40 feet. Chair Johnson a variance. Mr. Holmes stated that he feels they were given wrong information which sent them in a wrong direction, and asked if there is a different direction that the applicant could have gone, instead of the Board of Adjustments just denying it. Chai sign could be resized to meet the ordinance. Chair Johnson stated there are two issues; an additional freestanding sign, regardless of what is on it, and the height. Mr. Holmes stated that according to the ordinance it is not a sign, it is a religi religious symbol become a sign. Chair Johnson stated yes, he feels it is a sign. Commissioner Larson-Vito asked if there is a clear definition of religious symbol in the ordinance. Ms. Simon noted that the ordinance states the city cannot regulate the copy or message, or religious symbols. She stated that they are not looking at the content, which is not regulated by staff for any signs throughout the city, but the structure as a whole. There being no further public comment, Chair Johnson closed the public hearing. The Board of Adjustments reviewed the five criteria for the driveway width variance request as follows: 1.Is in harmony with the general purpose and intent of the ordinan Motion by Commissioner Feinstein and seconded by Commissioner Larson- Vito that the request does not meet Criteria #1. Motion carried Board of Adjustments Minutes Page 5 September 27, 2016 ----------------------------- 2.Is consistent with the City of Elk River comprehensive plan. Motion by Commissioner Crook and seconded by Commissioner Thiel that the request meet does not meet Criteria #2. Motion carried 5-0. 3.The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. Motion by Commissioner Feinstein and seconded by Commissioner Thiel that the request does not meet Criteria #3. Motion carried 5-0. 4.The plight of the petitioner is due to circumstances unique to t consequence of the petition's own action or inaction. Motion by Commissioner Crook and seconded by Commissioner Larson that the request does not meet Criteria #4. Motion carried 5-0. 5.The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Thiel and seconded by Commissioner Feinstein that the request does not meet Criteria #5. Motion carried 5-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to deny the request by Vanman on behalf of Gateway church for a second freestanding sign, Case No. V 16-10, based on the finding that the five criteria cannot be met. Motion carried 5-0. ----------------------------- The Board of Adjustments reviewed the five criteria for the additional sign height variance request as follows: 1.Is in harmony with the general purpose and intent of the ordinan Motion by Commissioner Crook and seconded by Commissioner Larson that the request does not meet Criteria #1. Motion carried 5-0. 2.Is consistent with the City of Elk River comprehensive plan. Motion by Commissioner Crook and seconded by Commissioner Thiel that the request meet does not meet Criteria #2. Motion carried 5-0. 3.The petitioner proposes to use the property in a reasonable mann zoning ordinance. Motion by Commissioner Feinstein and seconded by Commissioner Larson-Vito that the request does not meet Criteria #3. Motion carried 5-0. Board of Adjustments Minutes Page 6 September 27, 2016 ----------------------------- 4.The plight of the petitioner is due to circumstances unique to t consequence of the petition's own action or inaction. Motion by Commissioner Larson-Vito and seconded by Commissioner Crook that the request does not meet Criteria #4. Motion carried 5-0. 5.The variance, if granted, will not alter the essential character of the locality. Motion by Commissioner Crook and seconded by Commissioner Thiel that the request does not meet Criteria #5. Motion carried 5-0. Motion by Commissioner Larson-Vito and seconded by Commissioner Crook to deny the request by Vanman on behalf of Gateway church for an additional sign height, Case No. V 16-10, based on the finding that the five criteria cannot be met. Motion carried 5-0. 6. General Business Ï There was no general business. 7. Announcements - None 8. Adjournment There being no further business, Chair Eric Johnson adjourned th Board of Adjustments at 7:03 p.m. Minutes prepared by Debbie Huebner. ____________________ ______________________ Eric Johnson Tina Allard Planning Commission Chair City Clerk