5.3. BASR 08-27-2019Request for Action
To Item Number
Board of Adjustments 5.3
Agenda Section Meeting Date Prepared by
Public Hearing August 27, 2019 Chris Leeseberg, Senior Planner
Item Description Reviewed by
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Church of St. Andrew – 566 4 St. NW Zack Carlton, Planning Manager
Reviewed by
Variance for Square Footage and Quantity of
Signs, Case No. V 19-09
Action Requested
Approve by motion, the 10’ side yard setback variance for the following reasons:
1. The general purpose and intent of the ordinance is met.
2. The property has a land use of residential and the use is consistent with the Comprehensive Plan.
3. The proposed use is reasonable and is permitted in the zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioner’s own action or inaction.
5. The variance will not alter the essential character of the locality.
Background/Discussion
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The campus of the Church of St. Andrew is located at 566 4 St. and is zoned R1c and R2a which are
both residential districts allowing religious institutions. The campus (5 parcels, 8.66 acres in size) is
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surrounded by three public streets, Gates Ave. on the east side, 4 St. on the south side, and Irving Ave.
on the west side. Residential lots are adjacent to the north side.
The campus contains a school and a church on four parcels. A fifth parcel, also owned by the church,
contains the parsonage. For zoning purposes, the four parcels are considered one parcel by our Zoning
Lot definition.
The applicant has requested to install a third freestanding sign for the church use, outside of crosses. The
campus has two crosses, which are considered signs.
Staff determined a sign for the church could not be located on the fifth parcel as it functions as a
residential use and off-premise signs are not allowed. The applicant is working on moving property lines
between 75-404-0100 and 75-404-0112 to allow the third proposed sign, if the variance is approved, to be
located on the church parcel (75-404-0100).
For permitted nonresidential uses, such as churches situated in residentially zoned areas, one (1) on-
premises freestanding sign and (1) one wall sign, not to exceed 96 square feet in total sign area, shall be
allowed on the property. 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.
The Zoning Lot has in excess of 1,000 linear feet.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
This Zoning Lot is allowed one (1) wall and one (1)
freestanding sign. The table to the right shows the
current and proposed signage on the campus.
Several of the existing signs are legal non-
conforming signs and can be maintained as well as
replaced in the same location; given they are the
same size and height. Approving a variance for the
existing signs will make them all legal conforming
signs under the terms of the variance.
Applicable Regulation
(The applicant’s responses are italicized 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
This property is for institutional use, this sign is to recognize this institution.
The intent is to provide non-residential uses the ability to advertise without adversely affecting
the residential neighborhood. The campus is comprised of three different uses on five parcels. If
each of these uses were allowed one wall sign and one freestanding sign, there could be three wall
signs and three freestanding signs in the subject area/neighborhood. The applicant is not
requesting anything beyond the purpose and intent.
The request is in harmony with the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The plan guide is residential, churches are allowed in residential districts.
The property is guided for residential and religious institutions are allowed in residential districts.
The request is consistent with the Comprehensive Plan.
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;
The applicant is requesting a second freestanding sign for the church use to be located on a
heavily traveled street. There is a freestanding sign on Irving Ave. for the school use and a
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freestanding sign for the church use near the entrances from 4 St. The applicant is requesting a
third freestanding on the east side of the campus along Gates Ave., which does not have signage.
It is not unreasonable to have multiple signs on a campus with multiple uses and entrances,
especially those fronting multiple public roads.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioner's own action or inaction; and
The campus has evolved to its current state over many decades and several ordinance
amendments have likely occurred during this time. Parcels have been added, buildings have been
removed, the church has been relocated, parking lots have expanded, and new access points have
been created. The campus is unique, as it comprised of five parcels with three different uses.
The proposal is not a consequence of the petitioner's own action or inaction.
5. The variance, if granted, will not alter the essential character of the locality.
The Saint Andrew Church and School campus is a large campus. We feel it is reasonable to have signage on each
street frontage to advertise our church and school. This will not change the use of the property as we will still be a
church and school.
Existing signage is in place on the portions of the campus facing residential uses and the
proposed signage is on a major street connecting Main St. to several areas of commercial use.
The essential character of the locale will not be altered.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by September 6, 2019, this item will go to the
September 16, 2019, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Aerial with Sign Key
Existing Signage Exhibit
Proposed Freestanding Sign
City of Elk River
Application
Subdivision Exemption
1. Land Use Application
a. See attached the proposed change.
2. Application Fee: $275 for Fee and $500 for Escrow
3. Legal Descriptions of existing lots
a. Getting from the title company
b. Copy attached of what I could get online
4. Legal Description of new lots
a. Will get from the title company
5. Word Documents – getting from Landform.
6. Digital Formats
Plan will show that we will be adjusting the property line of parcel 75-404-0100 and 75-404-0112. We
have contracted Landform, Lynn Caswell, to get us the current and new property descriptions. I have
added the current as we have them, not in word format. A picture of the suggested new property line is
attached.
Pictures of current signs and sizes are attached.
Picture of sign locations are attached.
New sign 80” x 65” is 36.11 Sq. Ft.
Variance or Appeal of Zoning Decision:
The variance is in harmony with the general purpose and intent of the ordinance.
This property is for institutional use, this sign is to recognize this institution.
The variance is consistent with the City of Elk River comprehensive plan.
The plan guide is residential, churches are allowed in residential districts.
The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance.
The plight of the petitioner is due to circumstances unique to the property not a consequence of the
petitions own action or inaction.
The variance, if granted , will not alter the essential character of the locality.
The Saint Andrew Church and School campus is a large campus. We feel it is reasonable to have
signage on each street frontage to advertise our church and school. This will not change the use of the
property as we will still be a church and school.
A B C D E F
Height Length
A 60” G 144”
B 55” H 36”
C 54” I 24”
D 52” J 74”
E 81” Width
F 62” 35” West 24” East
G
H I
J
Sign on 4th Street FREE STANDING SIGN
Height Length
A 27” B 90”
C 56” D 168”
A B
Electronic Sign
on the Church
building.
WALL Sign
C
D
Sign A
Sign B
Square
Footage:
30.83 SQ Ft
Square
Footage:
65.33 SQ Ft
Included
fish and Ɵn
leƩering
A
C
B
Height Length
A 91” C 97”
B 48”
Sign on Irving Street FREE STANDING SIGN
Sign C
Square
Footage:
32.33 SQ Ft
Height Length
A 36” C 144”
Sign on School Building—Irving side WALL SIGN
Sign D
Square
Footage:
36 SQ Ft
Height Width
84” 30”
B
B
A
A
Height Width
216” 120”
Bell Tower
Steeple Cross
Square
Footage:
17.5 SQ Ft
Square
Footage:
180 SQ Ft
Sign E
Sign F
Dimensions taken off of drawings
Dimensions taken off of drawings