6.4. SR 10-18-1999
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Item # (). 4 .
MEMORANDUM
The Mayor and City Council
FROM: Stephen Wensman, PlannerW'
DATE:
October 18, 1999
SUBJECT:
Request by Church of St. Andrew for
a Variance, Public Hearing
Case No. V 99-13
Reauest
Please consider a variance request by the applicant to reduce the setback
from the property line from ten feet to 3 feet in the R2a zoning district.
Location
566 Fourth Street NW, Auditor's 4th Addition, Lot 10, Elk River, MN
. Zonine/Land Use
R2a (Two Family Residential) / HR (High Density Residential)
Attachments
. Location/Zoning Map
. Sign Location Plan
. Sign Elevation
. Alternate Locations Plan
. Applicant's letter
Overview
The Church of St. Andrew was granted a conditional use permit in May 1996
to expand their worship space and improve the site. At that time, no
additional signs were considered or accommodated on the site. Presently, the
Church has two existing signs, a wood sign and metal and glass sign located
near the old church entrance off of Irving Avenue NW (See attached Sign
Location Plan). According to the applicant, the old signs will be removed.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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Memo to the City CounciW 99-13
October 18, 1999
Page 2
The applicant believes a new sign is needed to identify the church entrance
and service hours. The applicant desires a location off of 4th Street near the
parking lot entrance to the new church. Churches signs in the R2 zoning
district must be setback a minimum of 10 feet from the property line and
cannot exceed 96 square feet in total sign area. The proposed sign has a sign
area of 56 square feet and as proposed will be setback 3 feet from the
property line, requiring a 7 foot variance. With a 3 foot setback, the sign will
be 5 feet from the sidewalk and roughly 5 feet from the parking lot.
As indicated on the Alternate Sign Locations Plan, there are several other
several locations on the site to construct a new sign that would not require a
variance. Of the four alternative locations, Location 3 would be close to the
main 4th Street entrance and the applicant's proposed location. This location
might require moving or removal of an existing conifer. Location 4, near
Gates Avenue, is also close to a church entrance, however it is further away
from a road than the proposed location. There are no other nonconforming
signs in the area that staff could identify, except for an illegal sign in the
right-of-way.
Grantinl! of Variance
Staff refers the Board of Adjustments to Section 900.40 of the City of Elk
River Code of Ordinances for the five standards to consider when reviewing a
variance. A variance may be granted only if it meets the following five
conditions:
1. Literal enforcement of the ordinance will cause undue hardship.
2. The hardship is caused by special conditions and circumstances, which are
peculiar to the property and the structure involved and which are not
characteristic of, or applicable to, other lands or structure in the same
area.
3. The literal application of the provisions of this ordinance would deprive
the petitioner of rights enjoyed by other properties in the same district
under the terms of this ordinance.
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
5. The variance will not be injurious to or adversely affect the health, safety
or welfare of the residents of the city or the neighborhood where the
property is located and will in keeping with spirit and intent of the
ordinance.
\\elkriver\sys\shrdoc\planning\stevewen \ccmmo \v99-13.doc
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Memo to the City CounciW 99-13
October 18, 1999
Page 3
The applicant believes that there is a hardship as described in the attached
letter. Staff, however, recommends denial of the variance because the
applicant does not meet the 5 conditions of hardship as follows.
1. Staff believes that the literal enforcement will not cause undo
(unnecessary, unavoidable, extreme) hardship because there are alternate
locations for the sign that are near the entrance and readable from an
adjacent road.
2. Staff believes that the hardship is not caused by special conditions and
circumstances that are peculiar to the property involved because the
property is large with several potential locations for the sign other than
where they exist presently.
3. The literal application of the provisions of this ordinance would not
deprive the applicant of rights enjoyed by other properties in the same
district under the terms of this ordinance because other churches and
properties in the district do conform to the setback restrictions.
4. The special conditions and circumstances are a consequence of the
petitioner's own action or inaction. The church could have planned for a
new sign location when the site was improved after 1996.
5. The variance may be injurious to or adversely affect the health, safety or
welfare of the residents of the city or the neighborhood because granting
the variance might set a precedent and the sign would encroach on the
sidewalk.
Recommendation
Staff recommends that the Board of Adjustments deny this variance request
to reduce the setback for a monument sign from a 10 foot setback to a 3 foot
setback citing the inability of the applicant to meet the following five
conditions for granting a variance:
1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE
HARDSHIP.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE
STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR
APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA.
3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE
WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER
\ \elkriver\sys\shrdoc\planning\stevewen \ccmmo \ v99-13.doc
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Memo to the City CouncillV 99-13
October 18, 1999
Page 4
PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS
ORDINANCE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE
HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE
NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN
KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE.
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13065 Orono Parkway' P.O. Box 490
Elk River. MN 55330
CASE: V 99-13
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HEW IU1LllOICl fOR:
ST. ANDREWS
CATHOLIC CHURCH
ELK RIVER. MINNESOTA
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To: Elk River Planning commission Members
. From: St. Andrew's Church
Date: September 8, 1999
Subject: Freestanding Sign Variance Request
St. Andrew's parish is planning a freestanding sign designed by
Craig Campbell, an artist who has recently created works at the
St, Paul Rivercenter, the university of St. Thomas, and the Mayo
Clinic. It will consist of a 3'x 5' etched glass panel, lit from
the sides with a fiber optics system, and surrounded with the same
brick used on our new church. Cost - more than $5,000.
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We hope to answer your questions about this request with the
following facts.
1. That the literal enforc:ement ... would cause undue hardship.
* Placing the sign within the parking lot along 4th St.
would reduce parking spaces.
* Placing the sign along Gates Ave. is undesirable as
the city property line is 30 feet from the street.
* Placing the sign on the south lawn of the new church
would make it unreadable when 4 lanes of parked cars
are parked between the street and the sign, especially
at weddings and funerals when people from out of town
are looking for the church.
* Snow removal is already complicated and adding another
island would make it worse.
2. That the hardships ... are peculiar to the land ~ structure....
* The old church building no longer functions as a
church and it's future is undecided. It may be
removed. This is not the place for a sign.
3. That the literal application of the provisions... would deprive the petitioner of
rights enjoyed by other properties....
* The sign will measure 56 square feet, well under the
allowable size if 96 square feet.
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page 2
* Other churches within the old city boundaries have
signs in the front of their buildings, near the
street.
4. That the special conditions... are not a consequence of the petitioner's own
action or inaction.
* Our church address is 566 4th Street, therefore a sign
on 4th street is appropriate and logical.
* The city of Elk River approved the church site plan
without commenting on sign placement.
5. That the. variance will not :be injurious.. .of the residents of the City or the
neiqbborhood. . . .
* Lighting.will be from the sides of the glass,and
reflect on the etching.
* Design is not "commercial"~ no spotlights, moving
messages, letters that could be removed or vandalized
easily.
* Brick used on the base and sides of the sign is
identical to what was used on the new church, for a
unified look.
* Dimensions of the sign are only 59 per cent of the
allowable size.
Clearly, with the church set back from both Gates and 4th street,
there is a need for an easily identifiable sign in plain sight. We
think we have chosen a design that is both tasteful and practical.
Our request is to place the South edge (front) of the sign 3 feet
from the city property line on 4th Street as indicated on the
plan.