RES 16-70 II(''' ..,
City of
Elk -....-
�--� Resolution 16 - 70
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River
A Resolution Regarding the Denial of the Variance Applications Submitted
by Vanman Architects and Builders to Allow a Second Freestanding Sign at
13913 1 85th 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 185t 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 (Ri-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 (Ri-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-
lb 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 o f November 2016.
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ATT ST:
Tina Allard, City Clerk