5.3. BASR 05-24-2022Request for Action
To Item Number
Board of Adjustments 5.3
Agenda Section Meeting Date Prepared by
Public Hearings May 24, 2022 Zack Carlton, Community Development Director
Item Description Reviewed by
Franklin Outdoor Advertising – 75-701-0010 Chris Leeseberg, Senior Planner
Variance Permitting the Platting of a
Reviewed by
Substandard Parcel, Case No. V 22-06
Action Requested
Approve, by motion, the lot size variance for the following reasons:
1. The general purpose and intent of the ordinance are 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.
and;
with the following conditions:
1. Future off-premises signage (billboard) on the site shall be
limited to 30 feet tall and 300 square.
2. All required setbacks and standards shall otherwise comply
with city standards.
3. The property shall be re-zoned to C-3 Highway Commercial.
Background/Discussion
The subject property is zoned Focused Area Study (FAST) subzone “A” and is 0.08-acres (3,484 sq. ft.) in size and
is an Outlot of The Crossroad Second Addition. The Outlot is a remanent piece of the apartment (previous
Saxon) parcel which was created with the realignment of Yale Street. The subject parcel contains a sign
approximately (10 feet wide and 10 feet tall) which was used to advertise Saxon Motors.
At applicant is requesting a lot size variance to plat Outlot A and allow installation of an Advertising Sign
(billboard) 20 feet wide and X’ tall. The minimum lot size required is 4,000-10,000 SF.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Applicable Regulation
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 minimum lot-size standards provide a generalized separation between uses (improvements) and minimize impacts on
adjacent parcels. The lot-size guidance for the property follows that of an R-4 (multifamily) zoning district and ranges between
4,000 SF and 10,000 SF. However, the Comprehensive Plan guides the property for Highway Business Uses, and the
associated C-3 Highway Commercial zoning district requires a 1-acre minimum lot size. The C-3 district more closely aligns
with the current guidance and should be used when evaluating the request.
The lot size is significantly below the minimum standard, leaving very few options for a private property owner beyond
supportive uses, like a sign, or combining with an adjacent lot. The variance request could be considered to be in harmony with
the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The Comprehensive Plan does not include guidance for signage but does guide this property for Highway Business uses. The
most closely related zoning district allows billboards.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the
zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The proposed use of the property, post platting, is for a billboard/off-premises sign. The property has included a sign since the
realignment of Yale Street. The existing sign is approximately 100 SF and 25 feet tall. The new billboard is unknown in
total size, but a submitted survey identifies a sign that is 20 feet wide. Ordinance allows billboards of up to 400SF and 35
feet tall.
Replacing the existing sign with a new, significantly larger, sign may be considered a reasonable use of the property absent any
other bona-fide uses for a property of this size. This may be the highest and best use of the parcel.
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
The unique shape and size of the parcel is due to the city realignment of Yale Street and 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.
A new sign three to four times larger than the current sign may alter the essential character of the locality. The parcel abuts a
medial use to the south, and is across the street from two new apartment buildings on the former Saxon Motors site. A large
billboard could impact sight lines to/from the apartment complex and negatively affect the residents of the building. To address
these concerns staff recommends consideration of limits to the billboard size to avoid altering the essential character of the
locality.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by June 3, 3033, this item will go to the June 20, 2022, City
Council meeting.
Mission/Policy/Goal
Help, not hinder citizen quality of life
Attachments
Location Map
Applicant’s Narrative
Site Plans
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SITE
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I am requesting a variance to plat Outlot A of The Crossroads Second Addition. The lot is too small to be
platted. It was created when Zane Street was put in making the lot too small between the frontage road
and Hwy 10. Currently there is an existing off premise sign there that I would like to remove and replace
with a new sign and need to have it be a platted lot. The new sign meets the principal use, height, size,
and setbacks required in the ordinance for off premise advertising. I believe it will not change the
essential character of the area as there is an existing sign there and we will be replacing it with another
sign.
Thank you,
Dan Franklin
510
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PROPERTY DESCRIPTION
OUTLOT A, THE CROSSROADS SECOND ADDITION, Sherburne County, Minnesota
PARCEL AREA
SURVEY NOTES
1.BACKGROUND INFORMATION SHOWN PER BOUNDARY SURVEY PERFORMED BY
LANDFORM ON 3/08/2022 EXPRESSLY FOR THIS PROJECT.
2.FOR THE PURPOSES OF THIS SURVEY THE BEARING SYSTEM IS BASED ON THE
SHERBURNE COUNTY COOORDINATE SYSTEM.
3.THE SURVEYOR DOES NOT GUARANTEE, IN WRITING OR ASSUMED, THAT THE
UTILITIES AS SHOWN ARE IN THE EXACT LOCATION. NO EXCAVATION WAS
PERFORMED TO LOCATE THE UNDERGROUND UTILITIES.
SPOT ELEVATIONx 123.4
EXISTING DESCRIPTION
CONCRETE CURB
SITE SYMBOLS
SIGN
FIRE HYDRANT
OUTLOT A = 3,480 S.F.
Drainage and Utility Easements are shown thus:55Job No. Drawing: By:
105 South Fifth Avenue
Web:
Suite 513
Minneapolis, MN 55401
landform.net
ZZZ22656 ZZZ22656 COS DM
Date:
Revised:License. No.
I hereby certify that this survey, plan or report was prepared by me or under my
direct supervision and that I am a duly licensed Land Surveyor under the laws of
the State of Minnesota.
Larry Huhn 3/14/2022
24332 -
NORTH
0 20
SCALE IN FEET
Landform®and Site to Finish®are registered service marks of Landform Professional Services, LLC.LANDFORMc2019FOR: FRANKLIN OUTDOOR ADVERTISING
Certificate of Survey
SETBACKS
10 FEET (ALL SIDES)
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