4.12 SR 08-05-2024city of
El �.
To
City Council
Meeting Date
August 5, 2024
Item Description
Resolution 24-45: Finding of Fact Denying a Sign
Area Variance, Holiday Station Store
Request for Action
Item Number
4.12
Prepared By
Chris Leeseberg, Senior Planner
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-45 making Findings of Fact denying a Variance application regarding sign size,
submitted by Karen Dodge of Municipal Resolutions, on behalf of the Holiday Station Store at 18823 Freeport
St NW.
Background/Discussion
At the July 15, 2024, Regular City Council meeting, the Council reviewed an application for a Variance (V 24-
08) to exceed the allowed square footage of signage in the C3 Highway District at 18823 Freeport St. NW,
Elk River, MN. After considering the request and receiving public comments, the Council directed staff to
prepare a resolution making Findings of Fact denying the application based on the standards outlined in Sec.
30-635. The findings are attached for review.
If the Council has questions or disagrees with the findings, the item can be pulled from consent and discussed
further.
Financial Impact
None
Mission/Policy/Goal
Reflect the culture of citizens and what is important.
Attachments
I. Resolution 24-45
2. City Council Staff Report 7-15-2024
The Elk River Vision
A welcoming 6ommuwi , with revolutionary and spirited resourcyidnm, exceptional service, and community P� d W E R E D 0d
engagement that encourager and inures pro perityINPaU 159
City of
Elk -�--
River
City of Elk River
City Council
Resolution 24-45
A Resolution of the City Council of the City of Ellc 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
W H E REAS, 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 O W E N E d B I
NAWREI
Page 64 of 159
FINDINGS
1. The Property is zoned C3 (Highway Commercial) where freestanding signs are
allowed according to the standards outlined in City Code 5 30-871.
2. City Code § 30-871(c) outlines the standards for one freestanding sign, not to exceed
156 square feet with a maximum height of 30 feet.
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.
City Code § 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 § 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 (C3) 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.
P O W E N E d B I
NAWREI
Page 65 of 159
(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
Ad)ustments, 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.
DECISION
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.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P O W E N E d B I
NAWREI
Page 66 of 159
To
City Council
Meeting Date
July 15, 2024
Item, Description
Variance: Freestanding Sign Size, 18823 Freeport St.
NVV - Holiday Gas Station
Item Number
7.1
Prepared By
Chris Leeseberg, Senior Planner
Reviewed by
Zacl< Carlton
Cal Portner
Tina Allard
a
Action Requested
Direct staff, by motion, to prepare a resolution malting Findings of Fact denying the sign size (area) variance
for the following reasons:
1. The general purpose and intent of the ordinance is not met.
2. Installing a sign that exceeds the commercial zoning district limits by — 180% is not reasonable.
3. The interchange at Highway 169 and School Street is not a unique circumstance requiring a sign larger
than the 150 square feet that is currently permitted.
4. A sign, that is 276 square feet would be the largest and tallest sign in the area and would aker the
essential character of the area.
Background/Discussion
The property is zoned Highway Commercial (C3) which limits the size of freestanding signs to 150 sq.ft. The
applicant has requested a variance to exceed the permitted sign size of signage by 126 sq.ft. (144 sq.ft. main
sign, 132 sq.ft. gas pricing, 276 sq.ft. total). During the 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.
During their June 25, 2024, meeting, the Board of Adjustments (BOA) denied the variance for an increase in
sign size and as a result, the request was automatically appealed to the City Council for cons i deration. The
BOA dlid approve the request for an increase in signage height to 50above the adjacent grade of Hlighway
169.
The Board noted that they had dliscussed increasing sign heights during the recent sign ordinance amendment
discussion, but did not support an increase to the allowed sign area. They did not believe the request satisfied
the ordinance requirements.
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 aindl intent of the ordinance, and
The Elk River Vision
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NAWRd 159
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. Exceeding the
maximum sign area by — / 84% is not in harmony with the general purpose and intent of the ordinance.
2. 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.
Variances may be granted when the petitioner establishes that there are practical dlifficulties in complying with
the zoning ordinance. Practical dlifficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
&gnage that exceeds the sign area limits by — 184% is unreasonable. Significant deviations from the established
regulations can disrupt the visual harmony of the area, potentially creoting an imbolance in the aesthetics and
functionality intended.
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 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
plight is unique, the request does not satisfy other standards for issuance of a variance at the requested size and
height.
5. 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 area
and would alter the essential character of the locality.
AMIMMLM=
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Mission/Pollicy/Goal
Ethical, efficient, aindl responsible.
Attachments
Board of Adjustments Staff Report dated 6-25-2024
Page 68 of 159
a
To
Board of Adjustments
Meeting Date
June 25, 2024
Item, Description
Variance: Freestanding Sign Size (Height and Area),
18823 Freeport St. NW - Holiday Gas Station
Item Number
5.1
Prepared By
Chris Leeseberg, Senior Planner
Reviewed by
Zacl< Carlton
Action Requested
Deny, by motion, the sign size variance for the following reasons:
I . The general purpose and intent of the ordinance is not met.
2. Installing a sign that exceeds the commercial zoning district limits by 80% and taller than the recently
establiishedl sigh height ordlinance is not reasonable.
3. The interchange at Highway 169 and School Street is not a unique circumstance to the property as a
150 square foot sign would still be visible.
4. A sign, that is 276 square feet would be the largest and tallest sign in the area and would alter the
essential character of the area.
Background/Discussion
The property is zoned Highway Commercial (C3) which limits the height of freestandling signs to 40 feet
above the adljacent highway and the size of freestanding signs to 150 sq.ft. The applicant is requesting a
variance to exceed the allowed height and size of signage by 126 sq.ft. (144 sq.ft. main sign, 132 sq.ft. gas
pricing, 276 sq.ft. total). 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.
The applicant completed a "flag test" to evaluate the proposed sign height and area. This information is
attached.
During the recent sign ordinance amendment discussions, the commission endlorsedl a minor increase in the
allowed heights for signs but were not supportive of an increase in sign sizes during those discussions. The
approved amendment limits sign heights to 40 feet above the adjacent highway grade.
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 aindl intent of the ordinance, and
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 ISO square feet and 40 feet
The Elk River Vision
A welro�wiwcopwlll"Ivlt' P itea ah1d sg5h-i�ed resaw-e-e fiVncss, exrrr,5fional se� -I ire' and copwll,wlity
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NAAM4flpp
59
tall. Exceeding the maximum sign area by — 184% and exceeding the recently adopted height limit is not in harmony
with the general purpose and intent of the ordinance.
2. 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.
Variances may be granted when the petitioner establishes that there are practical dlifficulties in complying with
the zoning ordinance. Practical dlifficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
&gnage that exceeds the sign size limits by 80% and the height standard by 12 feet is unreasonable. Significant
deviations from the established regulations can disrupt the visual harmony of the area, potentially creating an
imbalance in the aesthetics and functionality intended.
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 recent reconstruction of the interchange at Highway 169 and School Street is a unique circumstance to the
property. A freestanding sign meeting the 150 square foot size limit is still visible from Highway 169, and while plight
is unique, the request does not satisfy other standards for issuance of a variance at the requested size and height.
5. The variance, if granted, will not alter the essential character of the locality.
If approved, the proposed 2 76 square foot sign would be the largest, by square footage, freestanding sign in the area
and would alter the essential character of the locality. While nearby signs are at or near 50 feet tall, the combination
of height and sign area would not fit the character of the immediate area or the Highway 169 corridor through Elk
River.
Mission/Pollicy/Goall
Ethical, efficient, aindl responsible.
Attachments
I . Location Map
1 Narrative
3. Sign Plans
4. Case Study
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raolidayGas Station
Vannuice &
Conchtional Use Permit
Case No: 'V24-08 &, CT-7 24-09
Paoeg7U gof)fl 39
V 24-OS Nourative
Follo,wing the removal of Holiday's former inonuinent sign and the construction of the School St
NNN7 bildge over HENNA' 16,9, the southbound off rarnp is encroaching onto Holiday's property' The
only place left to installa new sign on Hollda�"s propern- with visibilin- from HWY 169, is at the
smithwest corner of their property-. The combined height of the finished bridge including its railing
is 24'-D-" above the grade of HNNY 169. Per sign code allo�valices, the top side of the si�gll cofl.)l1let
can only be fir_?" higher dian the I)rldge and the offramptailing. The sign must L)e toiller to rilake
sure both. the Holida- sign cabinet Sand their price signs are visible to both southbound and
northbound comimiters, prior to reaching their respective off ranips for School St NW.
A variance inay be granted by the board only if it finds that:
The vanai.lce is ill. halmcm"- vith the gectel.'.d pul-pose and int"ciin the on-linalic"
The new sign is in harnion�',�vitli the piupose of the si�gli ordinance 1)ecaus;e it enhances
communication.
The variance is consistent With the Cit�- of Elk River Cornpreliensive Plan (disciiss with cin- staff in
needed)
Variances inay be granted when the petitioner establishes that there are practical difficulties
in cornplying with the zoning ordinance. Practical difficulties nleans that:
The po-ttli-me1 ton lopet"-Ill me1h'd
oldI.L.1111IN e
Provide gas and facilities
The plight of rhe peririoi.lel. is due rc> 111.1.ique to) the nc>r a conse q1le AI e of the
Reconstruction
The variance, if granted, �vill not alter the essential character of the locality
Correct
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Holiday Station Store — 18823 Freeport St NW
Sign Height and Sign Area Variance Case Study
Prepared by Jarnes Clernents with Corporate Identification Solutions on 5/28/24.
Case Stud V for the Proposed High Rise Sign, Heht and Sign Area
in preparation for our current variance application, we executed a "Flag Test"'
starting at 9:00 AM on Monday, May 2 01h , 2024. This included JDI Siigns, &
Graphics, s,uspending scaled banners representing the proposed high-rise sign
cabinet and price cabinet while (2) representatives, from Holiday Stationstores LL
Northern Tier Division of Circle K executed drive byes to test the vis,ibility and the
line of site for the proposed sign at (3) different heights. Pleas,e review Exhibits 1
primary test locations were for potential customers approaching the
HWY 169 off ramps for School St NW.
F`@gge7&bf)fl 59
Page 77 of 159
Exhibit I - Sign, Height of 37'
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Northbound Photos (37') — Please note that the existing lonewoys hove are
currently shifted due to active construction.
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Flag Test Resullts for a 37' High Sign
The line of site is partial obstructed from northbound commuters.
Southbound commuters, cannot see the sign until after they have exited HWY 619.
Holiclay's Conclusion — A 37' (H) sign was not acceptable from any vantage point.
P@gO3bf)fi59
Exhibit 2 - Sign, Height of 47' — This is the some height as the existing
Burger King High Rise Sian.
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Northbound Photos — Please note that the existing loneways hove are currently
shifted due to active construction.
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Fa s • N s
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Flag Test Resullts for a 47' High Sign
The sign height is, acceptable for northbound commuters.
So uth bo u nd commuters cannot see the sign until after they have exited H WY 169.
Holiclay's Conclusion — A 47' (H) sign was not acceptable for lout bound HWY
169.
P@gOBEbf)fl 39
Exhibit 3 - Sign, Height of 52'
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Northbound Photos — Please note that the existing loneways hove are currently
shifted due to active construction.
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Flag Test Resullts for a 52' High Sign
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Holiclay's Conclusion — The proposed S2' (H) is, an acceptable height for all HWY
169 C011111Uters.
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