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4.6. SR 11-07-2016 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.6 Agenda Section Meeting Date Prepared by Consent November 7, 2016 BrieAnna Simon, Planner Item Description Reviewed by Resolution for Findings of Fact Denying the Sign Zack Carlton,Planning Manager Variance Requests for Gateway Church Reviewed by Cal Portner, City Administrator Action Requested Adopt,by resolution, the Findings of Fact denying a variance to allow a second freestanding sign and a 55.5 foot sign height variance, as requested by Vanman Architects and Builders on behalf of Gateway Church. Background/Discussion Case No. V 16-10 On October 17, 2016, the City Council reviewed the variance application on automatic appeal due to a denial by the Board of Adjustments. The Council upheld the Board of Adjustments decision to deny the variance applications based on the interpretation that the request did not satisfy the requirements for approval of a variance as outlined in Sec. 30-365 of the Elk River City Code. The City Council voted 4-1 to direct staff to prepare a Findings of Fact for the November 7, 2016, meeting. The City Council also directed staff to research what opportunities other cities give religious institutions in regard to signage. Staff will bring this information forward at a later meeting. Financial Impact None Attachments ■ Background Staff Reports ■ Resolution for Findings of Facts POWERED 6T AR E*�. ' Resolution 16 - Rver A Resolution Regarding the Denial of the Variance Applications Submitted by Vanman Architects and Builders to Allow a Second Freestanding Sign at 13913 185t" Ave NW and a Fity-Five and Half Foot Variance to the Maximum Sign Height WHEREAS, Vanman Architects and Buildings, on behalf of Gateway Church, ("Applicant"),has applied ("Applications") for variances allowing a second freestanding sign and a 55.5 foot sign height variance (Case No. V 16-10); and WHEREAS, the record in this matter shall include all of the materials submitted to the Board of Adjustments and City Council in connection with the August 29, 2016,Variance Applications,including the staff reports and all attachments thereto, all other written materials submitted to the Board of Adjustments and City Council, and all staff presentations and other testimony taken at the public meetings considering the Variances, all of which is incorporated and made a part of the findings of fact and this resolution; and WHEREAS, the Board of Adjustments held a public hearing on September 27, 2016, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Variance Applications; and WHEREAS, the Board of Adjustments denied the Variance Applications,resulting in an automatic appeal to the City Council; and WHEREAS, the City Council held a public hearing on October 17, 2016, to receive testimony and evidence from city staff, the Applicant and any other persons regarding whether the Applications should be approved; and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the Board of Adjustments and City Council; and WHEREAS, the City Council, at the conclusion of its October 17, 2016,public hearing on the Applicant's Applications, directed that a resolution of denial of the Applications be prepared for City Council consideration. NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Applications by Vanman Architects and Builders on behalf of Gateway Church for Variances to allow a second freestanding sign and a 55.5 foot maximum height increase. FINDINGS OF FACT 1. The parcel at 13913 1851h Ave NW (the Property) was purchased by Gateway Church in 2006. 2. The existing freestanding sign for Gateway Church was approved by city staff and was constructed in 2009. 3. On August 9, 2016,Vanman Architects and Builders,representing Gateway Church, submitted a sign application for the Property,proposing to construct a second freestanding sign with a height of 75.5 feet for a permitted institutional use in the single family residential (R1-b) zoning district. 4. On August 22, 2016, city staff returned the sign application and informed Vanman Architects and Builders that the proposed sign did not meet the freestanding sign requirements of one sign, nor the maximum height of 20 feet,for a permitted institutional use in the single family residential (R1-b) zoning district. 5. The city ordinance states in Section 30-879 that"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." The proposed sign exceeds the total number of allowed freestanding signs. 6. The city ordinance states in Section 30-879 that"Freestanding signage shall not exceed 20 feet in height."The proposed sign exceeds the freestanding sign height by 55.5 feet. 7. On August 29, 2016,Vanman Architects and Builders on behalf of Gateway Church submitted Variance Applications to permit a second freestanding sign and to permit a maximum sign height increase by 55.5 feet for permitted institutional uses in the R- ab zoning district. 8. On September 27, 2016, the Board of Adjustments reviewed the Variance Applications. The Board received testimony from staff, the applicant and neighboring residents regarding impacts to the neighborhood that may or may not occur if the Variances were granted. 9. Elk River City Code states that in order for a Variance to be granted, the request must meet the five criteria outlined in Sec. 30-635. —Variances; a. A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. (2) The variance is consistent with the City of Elk River comprehensive plan. b. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (2) 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 (3) The variance,if granted,will not alter the essential character of the locality. 10. The Board of Adjustments voted 5-0 to deny the Variance to allow a second freestanding sign based on the following findings: a. The variance is not in harmony with the general purpose and intent of the ordinance. b. An additional sign is not consistent with permitted institutional uses in a residential district. c. The proposed additional sign is not using the property in a reasonable manner. d. 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. e. The essential character of the locality will be altered if the number of signs exceeds the limit for permitted nonresidential uses in a residentially zoned district. 11. The Board of Adjustments voted 5-0 to deny the Variance to allow a maximum height increase of 55.5 feet based on the following findings: a. The variance is not in harmony with the general purpose and intent of the ordinance. b. A sign three times the allowed height is not consistent with permitted institutional uses in a residential district. c. The additional height is not using the property in a reasonable manner. d. 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. e. The essential character of the locality will be altered if a sign exceeding the allowed height by more than three times is allowed. 12. The Elk River City Code provides that a decision by the Board of Adjustments to deny a variance shall not be final and shall automatically be appealed to the City Council. 13. On October 17, 2016, the City Council held a public hearing and reviewed the Variance requests. 14. During the public hearing, the City Council received testimony regarding impacts of the proposed variances on the surrounding residential area. 15. Following the conclusion of the public hearing, the City Council voted 4-1 to uphold the Board of Adjustments decision that the Variance application for a second freestanding sign has failed to meet the criteria for the granting of a Variance as outlined in Sec. 30-635 of the Elk River code of ordinances, and that the Variance application for a maximum sign height increase by 55.5 feet has failed to meet the criteria for the granting of a Variance as outlined in Sec. 30-635 of the Elk River code of ordinances. 16. Taking into consideration all of the testimony and evidence received, the City Council finds based on Findings of Fact 1-15 set forth above, that the Applicant has not established that it has met the requirements for approval of the requested Variances, and that it would not be in the public interest to approve the Applications. DECISION Therefore, the City Council of the City of Elk River denies the Applications for Variances at 13913 185th Ave NW,based on the findings of fact set forth above. Passed and adopted this 7th day of November 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk Eof llyRequest for Action River` To Item Number Board of Adjustments 4.2 Agenda Section Meeting Date Prepared by Public Hearings 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 Sign 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. P0WFRID 6Y NA R 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 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 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. Freestanding 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 ligbt with LEDs and will provide an efficient and understated symbol indicating the location of the cburcb. Tbis is not a large obstructive sign tbatyou migbt see at a fast food restaurant, but a nicely lit symbol to bep attract practitioners to the cburcb. The new tower and lit cross with the beigbt that bas been requested serves several purposes without being obtrusive to the surrounding neigbborbood. 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. SignHeight 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 N:\Departments\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. 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 hep build a stronger community in the Elk Rizer 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 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. Sig�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. N:\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\4Planning 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 speeds along HIYIY 10, the height of the cross will hep identify the property as a church. Wlithout the additional height the cross would not be fully visible from the higbway. The extra height would allowfor 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. Sig�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. Sig�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 N:\Departments\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\4Planning Commission\V 16-10 sr BA 9-27-16.docx I e 1 ti F I 1 IL - 1 a, Q x 1' I t?:a Yr 00 L a. I fiiT7 ^y' f I I I I e I ��rI t 1JI Item 5-V 16-3.o uJ 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 00-17t7 6 � kpj. N1 �� 01 co cmn Sg,.: p::«:,�. `krt'' {rr339rT;.c as »3�t:o.YT3iX°..&� ri:, +Y � ua 4 Oc— N U X J] D C-- N p (� 7 U cm [FS m O �" M. O O �j O ❑ W 0 G 4? 0 cn cn CO Q µ- cz Y ;S j it 1' of '' 7 0 z - � s -- C) r w E � o U� C3 CQ N E Cl) C [4 � Go7 u7 r Crj iD r• e N yy 1C] r --� Lq C+J *� QD C+ S♦f/J� cn r r _. 2 co N V ti N L Ci co Q N LJ7 /f 1 CLS 0 C CL E IL 0 ca On r Z c of a a �__L-----I----- ------------ -- --- -- Ln co Q I �e ------------------- -------- �r�a"' r2 I I W J_ r �� a fG I I o W 1 [�16a4tsud 5preoi IF T 1 1 L 1 3 3 1OC a tuarao From: noreolvCabcivimlus.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(aNmail.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. 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 Information submitted is considered public data. Email not displaying correctly?View it in your browser. Eof llyRequest for Action River` To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearin s 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 Architects is requesting two variances at 13913 185`h 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 P0WFRID 0 NA R (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 and one wall sign, not to exceed 96 square feet in total sign area. Wlhere 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 feetper sign. Freestanding signage shall not exceed 20 feet in height. Applicable Regulation (The applicant's responses are italici.Zed 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 effuient and understated ymbol 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 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. ire 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. N:\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\5-City Council\V 16-10 sf CC 10-17-16.docx 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 Heigh 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 HiY 70, the height of the cross will hep identift 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 N:\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\5-City Council\V 16-10 sf CC 10-17-16.docx 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 N:\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\5-City Council\V 16-10 sf CC 10-17-16.docx 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 ■ Applicants Narrative ■ Site Plan Exhibit ■ Comments Received ■ Religious Signage in the City of Elk River Inventory N:\Departments\Community Development\Planning\Case Files\V\V 16-10 Gateway Church\5-City Council\V 16-10 sf CC 10-17-16.docx I e 1 ti F I 1 IL - 1 a, Q x 1' I t?:a Yr 00 L a. I fiiT7 ^y' f I I I I e I ��rI t 1JI Item 5-V 16-3.o uJ 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 0 z - � s -- C) r w E � o U� C3 CQ N E Cl) C [4 � Go7 u7 r Crj iD r• e N yy 1C] r --� Lq C+J *� QD C+ S♦f/J� cn r r _. 2 co N V ti N L Ci co Q N LJ7 /f 1 CLS 0 C CL E IL 0 ca On r Z c of a a �__L-----I----- ------------ -- --- -- Ln co Q I �e ------------------- -------- �r�a"' r2 I I W J_ r �� a fG I I o W 1 [�16a4tsud 5preoi IF T 1 1 L 1 3 3 1OC a tuarao 00-17t7 6 � kpj. N1 �� 01 co cmn Sg,.: p::«:,�. `krt'' {rr339rT;.c as »3�t:o.YT3iX°..&� ri:, +Y � ua 4 Oc— N U X J] D C-- N p (� 7 U cm [FS m O �" M. O O �j O ❑ W 0 G 4? 0 cn cn CO Q µ- cz Y ;S j it 1' of '' 7 From: noreolvCabcivimlus.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(aNmail.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. 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 Information submitted is considered public data. Email not displaying correctly?View it in your browser. Properties at Legal Description,River Place Development Signatures opposed to Gateway Church advertising sign.Packet,Agenda 7.4 Location;Gateway Church Sign at 13913 185th 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 7S feet,55 feet,or 50 feet or any sign that Is defined not legal within a residential zone 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) Namea�/ If et S7 �EcR," r Date Name Date AL) /(P Name - Date 0` )�7 Name Date f ! fa Name Date r�� Name Date a / ^r Name _Date;&� Name Date Name Date Name Date O VN W� cy G� O C.� G� G� O n' N ti ti ti N c L O O O O O O c t0 N ti .--� •--� d 'd r 7j 71 7j 71 71 j7j 7j 7j 7 biD o � b y biD� bO bO b L7j cl)� 0 U Cc W X O N u X z, X n, u X � u bO.� ww w wW � vww � w44 w44 wv a" M a N W M y V] y N .� .� .� b pq GO o .ov "' w w w o o o � O a bA F� 0., 0., 0., o b o U o u u N m m OC O r CC) N BE E .. O 0 0 q biD c N o".-• O °~.-• ° N r N w o ? 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