RES 24-45►�-- City of Elk River
ver City Council
Resolution 24-45
A Resolution of the City Council of the City of Elk River Denying the
Variance Request to exceed the allowed square footage of signage at 18823
Freeport St. NW
WHEREAS, Karen Dodge of Municipal Resolutions on behalf of Holiday Station Store,
("Applicant"), has applied ("Application") for a Variance (Case No. V 24-08) to exceed the
allowed square footage of signage in the C3 Highway District at 18823 Freeport St. NW, Elk
River, MN ("Property"); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Board of Adjustments and City Council in connection with the Variance Application;
including the staff reports and all attachments thereto, all other written materials submitted
to the Board of Adjustments and City Council, and all staff presentations and other
testimony taken at the public meetings considering the Application for the Variance, all of
which is incorporated in and made a part of the findings of fact and this resolution; and
WHEREAS, the Board of Adjustments held a public hearing on June 25, 2024, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding the
Application; and
WHEREAS, the Board of Adjustments denied the Application as the request does not
satisfy standards one, three, four, and five required for issuance of a variance.
WHEREAS, the Application was automatically appealed to the City Council, who held a
public hearing on July 15, 2024, to receive testimony and evidence from city staff, the
Applicant and any other persons regarding whether the Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Board of Adjustments and City Council; and
WHEREAS, the City Council, at the conclusion of its July 15, 2024, public hearing on the
Applicant's Application, directed staff to prepare a resolution making findings of fact
denying the Application as the request does not satisfy standards one, three, four, and five
required for issuance of a variance.
NOW, THEREFORE, the City Council of the City of Elk River makes the following:
p 0 1 f a E I I
NATURE
FINDINGS
I. The Property is zoned C3 (Highway Commercial) where freestanding signs are
allowed according to the standards outlined in City Code § 30-871.
2. City Code § 30-871(c) outlines the standards for one freestanding sign, not to exceed
150 square feet with a maximum height of 30 feet.
3. The Applicant submitted a Variance application, Case No. V 24-08. The Application
was deemed complete and scheduled for review by the Board of Adjustments and
City Council.
4. The Application requests a variance to exceed the allowed square footage of signage
in the C3 Highway District.
5. Variances must comply with the standards as outlined in § 30-635.
6. City Code 5 30-635 provides for analysis and findings required to be the grant of a
variance. The Application and proposed sign do not meet all required findings in
City Code § 30-635(b)(1)-(2) and (c)(1)-(3) as provided below:
City Code 5 30-635(b):
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
The purpose and intent of the sign ordinance is to balance the advertising
needs of the business community against adverse effects on the public. The
maximum sign size for commercial districts (0) is 150 square feet. The
Applicant requested total signage of 276 square feet. A sign that exceeds the
maximum sign area by approximately 184% disrupts the visual harmony of
the area, and creates an imbalance in the aesthetics and functionality
intended. Accordingly, the requests total sign area is not in harmony with the
general purpose and intent of the ordinance.
(2) The variance is consistent with the City of Elk River comprehensive
plan.
The property is guided as Highway Business where commercial businesses
with signage are expected. The proposal is consistent with the
comprehensive plan.
City Code � 30-635(c):
(1) The petitioner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance;
Signage that exceeds the sign area limits by approximately 184% is
unreasonable. Significant deviations from the established regulations disrupt
the visual harmony of the area and create an imbalance in the aesthetics and
functionality intended.
t 1 I E l E 1 I T
NATUREI
(2) 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 recent reconstruction of the interchange at Highway 169 and School
Street is a unique circumstance for the property. A freestanding sign meeting
the 150 square -foot size limit is still visible from Highway 169, and while the
circumstance is unique, the request does not satisfy other standards for
issuance of a variance at the requested size, including Section 30-635(b)(1)
and Section 30-635 (C)(1)&(3).
(3) The variance, if granted, will not alter the essential character of the
locality.
If approved, the proposed 276 square -foot sign would be the largest, by
square footage, freestanding sign in the locale and would alter the essential
character of the locality.
7. Taking into consideration all the testimony and evidence received, including
statements from the applicant, staff reports, and the findings of the Board of
Adjustments, the City Council finds that the Applicant's proposal goes beyond the
intent of the ordinance and would alter the essential character of the locale. The
Applicant has not established that they met the requirements for a variance. The
variance would not be in the public interest.
111 *619me]ihNl
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, MINNESOTA, based upon the information received and
the above Findings, the City Council of the City of Elk River hereby denies the Variance
Application V 24-08 to exceed the allowed square footage of signage in the C3 Highway
District at 18823 Freeport St. NW, Elk River, MN
Passed and adopted this 5"' day of August 2024.
ATTEST:
Tina Allard, City Clerk
lioA.Dz, May(/
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