5.1.BASR 03-26-2024it ci
Elk*
River
Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
March 26, 2024
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Holiday Station Store - 18823 Freeport St. NW
Zack Carlton, Community Development Director
Reviewed by
■ Sign Height Variance, Case No. V 24-01
Action Requested
Staff recommends the Board of Adjustments approve, by motion, a
sign height variance, for one sign, not to exceed 40 feet, as measured
from the nearest point grade of the main line of Highway 169, as all
criteria for a variance are satisfied with the recommended increase in
height.
Alternatively,
Deny, by motion, the sign height variance (80-foot request) for the
following reasons:
1. The general purpose and intent of the ordinance is not met.
2. Installing a sign that is a little over 2.5 times as tall as what is
currently allowed is not reasonable.
3. The interchange at Highway 169 and School Street is not a
unique circumstance to the property as a 30-foot-tall sign
would still be visible.
4. A sign that is a little over 2.5 times as tall as other signs in the
area will alter the essential character of the locality.
Background/Discussion
CR 12
1 �fi69
The property is zoned Highway Commercial (C3) which limits the
-
height of freestanding signs to 30 feet. The applicant is requesting a Figure I
variance to exceed the allowed height of signage by 50 feet (80-feet in total height). During construction of the
interchange at Highway 169 and School Street, the existing freestanding sign on the property was removed and has
not yet been replaced. Ordinance also provides the property with the opportunity for two signs, as the frontage
along School Street exceeds 300 feet. The variance would only apply to one sign.
Applicable Regulation
(The applicant's responses are italicized with staffs notes after.)
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described
below. The variance is:
The Elk River Vision P O N E B E o 9 Y
A n elcoming community avith revolutionary and spirited resourcefulness, exceptional INATUREI
service, and community engagement that encourages and inspires pro perity. Updated. January 2023
Is in harmony with the general purpose and intent of the ordinance, and
The new sign is in harmony with the purpose of the sign ordinance because it enhances the commercial communication
requirements of this sectors of the business community. The taller sign will allow the motoring public along Hny 169 to see
our services.
The purpose and intent of the sign ordinance is to balance the advertising needs of the business
community against adverse effects on the public. Signage heights for commercial districts along Highway
169 are currently around 30-40 feet depending on the zoning. As the 169 Redefine project is nearing
completion, the city is in the process of determining appropriate signage along the new corridor and it is
premature to determine if the proposed request will be in harmony with the future purpose and intent.
2. Is consistent with the City of Elk River comprehensive plan.
The 169 Redefine project will be complemented by newgateways and wayfinding signs that ensure residents and visitors alike
know when they are entering Elk River and hoar to get to key destinations like the downtown area and riverfront. Our sign
will not motorists including semi -truck drivers that there isgas available as well as traditionalgas station services such as
restrooms and food.
The property is guided as Highway Business where commercial businesses with signage are expected. The
proposal 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 means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Thisgas station will be used in a reasonable manner by providinggas and facilities for the traveling motorist.
Installing a sign that is a little over 2.5 times as tall as what is currently allowed is not reasonable. City staff
have been working with the Planning Commission and City Council on an ordinance amendment that will
allow taller signs along Highway 169. The ordinance would allow a freestanding sign up to 40-feet above
the main -line if the adjacent highway. The request is twice as tall as what is recommended under the
ordinance amendment.
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 reconstruction of Hny 169 is not a circumstance that Holiday caused. ile are trying to continue our business with a sign
that can be viewed along Hny 169. ire had a monument sign that was removed due to the construction. ile just want to be
able to continue to be able to not those motorists along Hwy 169.
The recent reconstruction of the interchange at Highway 169 and School Street is a unique circumstance to
the property. A freestanding sign, that is 30-foot tall, is still visible above the grade/bridge from 1,700 feet
away, which is prior to the northbound exit ramp. The staff exhibit shows this relationship. While the
plight is unique, the request does not satisfy other standards for issuance of a variance at the requested
height.
5. The variance, if granted, will not alter the essential character of the locality.
It mill not alter the character as this is an existinggas station.
If approved, the proposed 80' tall sign would be the tallest sign in the area, if not in the city and would alter
the essential character of the area. Staff supports a smaller sign, that is more in -line with the surrounding
commercial character.
Staff recommends denial of the requested 80-foot tall sign but recommends approval of a variance allowing a sign
of up to 40 feet, as measured from the nearest point grade of the main line of Highway 169. This recommendation
is consistent with the current ordinance amendment moving through the city review process.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by April 5, 2024, this item will go to the April 15, 2024, City
Council meeting.
Mission/Policy/Goal
■ Help, not hinder citizen quality of life
■ Reflect the culture of citizens and what is important to majority
Attachments
■ Location Map
■ Applicant's Narrative
■ Applicant's Exhibits
■ Staff Exhibits
I I I I •t ' t� ; ` •per
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V 24-01 Narrative
Holiday would like to install an 80' tall sign to advertise their brand and the types of gas available. They have
removed the monument sign due to the reconstruction and would like to install this proposed sign so it is
visible to the motoring public. The new highway will have a finished height of 20' and a tall sign is imperative
for the business to thrive.
A variance may be granted by the board only if it finds that:
-The variance is in harmony with the general purpose and intent of the ordinance
The new sign is in harmony with the purpose of the sign ordinance because it enhances the commercial
communication requirements of this sectors of the business community. The taller sign will allow the
motoring public along Hwy 169 to see our services.
The variance is consistent with the City of Elk River Comprehensive Plan (discuss
with city staff in needed)
The 169 Redefine project will be complemented by new gateways and wayfinding signs that ensure residents
and visitors alike know when they are entering Elk River and how to get to key destinations like the
downtown area and riverfront. Our sign will notify motorists including semi -truck drivers that there is gas
available as well as traditional gas station services such as restrooms and food.
Variances may be granted when the petitioner establishes that there are practical
difficulties in complying with the zoning ordinance. Practical difficulties means that:
-The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance
This gas station will be used in a reasonable manner by providing gas and facilities for the traveling motorist.
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 reconstruction of Hwy 169 is not a circumstance that Holiday caused. We are trying to continue our
business with a sign that can be viewed along Hwy 169. We had a monument sign that was removed due to
the construction. We just want to be able to continue to be able to notify those motorists along Hwy 169.
The variance, if granted, will not alter the essential character of the locality
It will not alter the character as this is an existing gas station.
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