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ITEM NO. 6.2.
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lkRiver MEMORANDUM
TO: Planning Commission
FROM: Kendra Lindahl, Zoning Assistant
DATE: December 19, 1995
SUBJECT: Variance request by Universal Signs, Inc.
for Video Update, Public Hearing,
Case No. V 95-13
Request
Universal Signs, Inc. is requesting a variance to exceed the maximum number of
wall signs on the Video Update store.
Location
• 19141 Freeport Street, Lot 2, Block 4, Elk Park Center
Zoning/Land Use
PUD (Planned Unit Development)/HB (Highway Business)
Attachments
• Zoning Map
• Site Plan
• Taco Bell letter dated December 1, 1995
Background
Universal Signs, Inc., on behalf of Video Update, is requesting a variance to
place a third wall sign on its store at 19141 Freeport Street. The building
currently has a wall sign on both the north and the east sides of the building. In
addition to the two wall signs, Video Update plans to place a monument sign on
the east side of the building. The request is to add a third wall sign on the west
side of the building.
• The Elk Park Center PUD agreement allows "one (1) wall sign for each principal
building except that where the building abuts two (2) or more public streets".
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Variance Request by Universal Signs Page 2
December 19, 1995
• When a building abuts two or more public streets, two wall signs will be allowed
for freestanding sites in Elk Park Center. Because Video Update does abut both
Freeport Street and Highway 169, it is allowed two wall signs. Freestanding
sites in Elk Park Center are also allowed one monument sign.
When staff informed Video Update that they are allowed two wall signs, staff
was informed that Taco Bell in Elk Park Center has three (3) wall signs. The
City informed Taco Bell of the violation and gave them the option of either
removing the third sign or applying for a variance. The City recently received a
letter, dated December 1, 1995, stating that Taco Bell will be removing the third
sign within three weeks.
Video Update was given the same two options, but they have chosen to ask for a
variance for the third wall sign.
Variance
Staff refers the Planning Commission to Section 900.40 of the Elk River City
Ordinance for the five standards to consider when reviewing a variance request.
Staff could find no circumstance which makes Video Update's situation different
from any of its neighbors in Elk Park Center and no special circumstances which
• would require any more signage.
Recommendation
It is staff's opinion that this request does not meet the five standards required to
grant a variance and, therefore, recommends denial of the variance to exceed the
maximum number of wall signs on a freestanding site in Elk Park Center based
on the following findings:
1. Literal enforcement of the ordinance will not cause undue hardship for Video
Update, since they are allowed a total of three signs (1 freestanding and 2
wall signs).
2. There are no special conditions such as topography, visibility or
circumstances which are peculiar to this business or this site.
3. Literal application of the ordinance will not deprive Video Update of property
rights enjoyed by other businesses in the Elk Park Center development.
4. There are no special conditions that have not already been addressed by the
PUD sign ordinance.
•
S:\PLANNING\KENDRA\V95-13.DOC
Variance Request by Universal Signs Page 3
December 19, 1995
• 5. Granting this variance would not be in keeping with the spirit or intent of
the development standards set forth in the Elk Park Center PUD agreement
and the City ordinance.
•
•
S:\PLANNING\KENDRA\V95-13.DOC
sig ar
DEC
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2170 Dodd Road
Mend•ta Heights, MN 55120
December 1, 1995
Gary Schmitz,Planning Assistant
The City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: Taco Bell signage violation
North elevation
Dear Gary:
I apologize for not getting back to you sooner. In regards to the above matter, the
sign on the North Elevation will be removed within the next three weeks.
Please advise Kendra Lindahl and/or Steve Ach of our response.
is
Let me know if you should have any questions.
Thank you,
&/.7...d
ri Hedberg
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Administrative Assistant
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1 PHONE
�rt N ii II i 612-688-0563
800-699-0563
CuMPun!.IR FAX
612-688-2081
800-588-2081
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SITE MAP 2V
CASE: V95-13