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7.1 SR 07-15-2024The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.1 Meeting Date July 15, 2024 Prepared By Chris Leeseberg, Senior Planner Item Description Variance: Freestanding Sign Size, 18823 Freeport St. NW - Holiday Gas Station Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Direct staff, by motion, to prepare a resolution making 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 alter 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 consideration. The BOA did approve the request for an increase in signage height to 50' above the adjacent grade of Highway 169. The Board noted that they had discussed 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 and intent of the ordinance, and Page 278 of 389 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. Exceeding the maximum sign area by ~184% 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 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; Signage 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 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 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. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Board of Adjustments Staff Report dated 6-25-2024 2. Presentation Page 279 of 389 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.1 Meeting Date June 25, 2024 Prepared By Chris Leeseberg, Senior Planner Item Description Variance: Freestanding Sign Size (Height and Area), 18823 Freeport St. NW - Holiday Gas Station Reviewed by Zack Carlton Action Requested Deny, by motion, the sign size 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 80% and taller than the recently established sigh height ordinance 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 freestanding signs to 40 feet above the adjacent 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 endorsed 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 and 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 (C3) is 150 square feet and 40 feet Page 7 of 31Page 280 of 389 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 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; Signage 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 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. 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. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Location Map 2. Narrative 3. Sign Plans 4. Case Study Page 8 of 31Page 281 of 389 Page 9 of 31Page 282 of 389 V 24-08 Narrative Following the removal of Holiday’s former monument sign and the construction of the School St NW bridge over HWY 169, the southbound off ramp is encroaching onto Holiday’s property The only place left to install a new sign on Holiday’s property with visibility from HWY 169 is at the southwest corner of their property. The combined height of the finished bridge including its railing is 24’-5” above the grade of HWY 169. Per sign code allowances, the top side of the sign cabinet can only be 5’-7” higher than the bridge and the offramp railing. The sign must be taller to make sure both the Holiday sign cabinet and their price signs are visible to both southbound and northbound commuters, prior to reaching their respective off ramps for School St NW. 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 communication. The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city staff in needed) 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 Provide gas and facilities 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 Reconstruction The variance, if granted, will not alter the essential character of the locality Correct Page 10 of 31Page 283 of 389 CUSTOMER HOLIDAY STORES LOCATION ELK RIVER, MN SITE NUMBER 0313 ACCOUNT REP BEN DEHAYES DRAWN BY MH REVISION 04 DATE 05/28/24 SCALE NTS HOLIDAY STORES | 0313 | ELK RIVER, MN | NORTHERN TIER | EXTERIOR SIGN PACKAGE | SITE PLAN PG 1 / 3 CUSTOMER ACCEPTANCE SIGNATURE ___________________________________________________________________DATE ___________________ THIS DRAWING IS THE PROPERTY OF CORPORATE IDENTIFICATION SOLUTIONS, INC., CHICAGO, IL, AND CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION. THIS DRAWING IS TRANSFERRED TO THE CUSTOMERS AND SUPPLIERS OF CORPORATE IDENTIFICATION SOLUTIONS, INC BY WAY OF LOAN. THIS DRAWING MAY NOT BE COPIED OR REPRODUCED, IN WHOLE OR IN PART, NOR MAY IT OR THE INFORMATION IT CONTAINS BE DISCLOSED OR TRANSFERRED TO ANY OTHER PARTY OR PERSONS WITHOUT THE PRIOR WRITTEN CONSENT OF CORPORATE IDENTIFICATION SOLUTIONS, INC. CORPORATE ID SOLUTIONS 5563 N ELSTON AVE. CHICAGO, IL 60630 P: 773-763-9600 | F: 773-763-9606 CORPORATEIDSOLUTIONS.COM Existing Monument (Removed) High Rise Sign 21'-8" 48'-0" Page 11 of 31Page 284 of 389 CUSTOMER HOLIDAY STORES LOCATION ELK RIVER, MN SITE NUMBER 0313 ACCOUNT REP BEN DEHAYES DRAWN BY MH REVISION 04 DATE 05/28/24 SCALE NTS HOLIDAY STORES | 0313 | ELK RIVER, MN | NORTHERN TIER | EXTERIOR SIGN PACKAGE | MID SIGN PG 2 / 3 CUSTOMER ACCEPTANCE SIGNATURE ___________________________________________________________________DATE ___________________ THIS DRAWING IS THE PROPERTY OF CORPORATE IDENTIFICATION SOLUTIONS, INC., CHICAGO, IL, AND CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION. THIS DRAWING IS TRANSFERRED TO THE CUSTOMERS AND SUPPLIERS OF CORPORATE IDENTIFICATION SOLUTIONS, INC BY WAY OF LOAN. THIS DRAWING MAY NOT BE COPIED OR REPRODUCED, IN WHOLE OR IN PART, NOR MAY IT OR THE INFORMATION IT CONTAINS BE DISCLOSED OR TRANSFERRED TO ANY OTHER PARTY OR PERSONS WITHOUT THE PRIOR WRITTEN CONSENT OF CORPORATE IDENTIFICATION SOLUTIONS, INC. CORPORATE ID SOLUTIONS 5563 N ELSTON AVE. CHICAGO, IL 60630 P: 773-763-9600 | F: 773-763-9606 CORPORATEIDSOLUTIONS.COM DIESEL PRICER ALWAYS TOWARDS ROAD 4" SHROUD ABOVE CABINET TO HOLD BLUE RODS QTY 1 ROW OF ILLUMINATED BLUE RODS AROUND PERIMETER OF CABINETS 143.0 SF DieselUnleaded 144.0 SF 12'-0" 48" LEDS 43.4 SF EACH 6" TOGGLES 2.8 SF 6'-6"22'-0" 2'-0"12'-0"PROPOSED HIGH RISE 287.0 SF DieselUnleaded (Grade of HWY 169) 0'-0" (Grade) 11'-0" (Bridge Wall) 14'-5" (Top of Railing)31'-6"17'-1"10'-0"52'-0" Grade to top of Sign62'-0" Grade of HWY169 to top of signPage 12 of 31Page 285 of 389 CUSTOMER HOLIDAY STORES LOCATION ELK RIVER, MN SITE NUMBER 0313 ACCOUNT REP BEN DEHAYES DRAWN BY MH REVISION APPROXIMATE CONCEPTUAL RENDERING DATE 05/28/24 SCALE NTS HOLIDAY STORES | 0313 | ELK RIVER, MN | NORTHERN TIER | EXTERIOR SIGN PACKAGE | MID SIGN PG 3 / 3 CUSTOMER ACCEPTANCE SIGNATURE ___________________________________________________________________DATE ___________________ THIS DRAWING IS THE PROPERTY OF CORPORATE IDENTIFICATION SOLUTIONS, INC., CHICAGO, IL, AND CONTAINS PROPRIETARY AND CONFIDENTIAL INFORMATION. THIS DRAWING IS TRANSFERRED TO THE CUSTOMERS AND SUPPLIERS OF CORPORATE IDENTIFICATION SOLUTIONS, INC BY WAY OF LOAN. THIS DRAWING MAY NOT BE COPIED OR REPRODUCED, IN WHOLE OR IN PART, NOR MAY IT OR THE INFORMATION IT CONTAINS BE DISCLOSED OR TRANSFERRED TO ANY OTHER PARTY OR PERSONS WITHOUT THE PRIOR WRITTEN CONSENT OF CORPORATE IDENTIFICATION SOLUTIONS, INC. CORPORATE ID SOLUTIONS 5563 N ELSTON AVE. CHICAGO, IL 60630 P: 773-763-9600 | F: 773-763-9606 CORPORATEIDSOLUTIONS.COM Existing Monument (Removed) High Rise Sign 21'-8" 48'-0" APPROXIMATE CONCEPTUAL RENDERING NOT TO SCALE Page 13 of 31Page 286 of 389 Holiday Station Store – 18823 Freeport St NW Sign Height and Sign Area Variance Case Study Prepared by James Clements with Corporate Identification Solutions on 5/28/24. Case Study for the Proposed High Rise Sign Height and Sign Area In preparation for our current variance application, we executed a “Flag Test” starting at 9:00 AM on Monday, May 20th, 2024. This included JDI Signs & Graphics suspending scaled banners representing the proposed high-rise sign cabinet and price cabinet while (2) representatives from Holiday Stationstores LLC- Northern Tier Division of Circle K executed drive byes to test the visibility and the line of site for the proposed sign at (3) different heights. Please review Exhibits 1, 2 & 3. Our primary test locations were for potential customers approaching the HWY 169 offramps for School St NW. Page 14 of 31Page 287 of 389 Page 15 of 31Page 288 of 389 Exhibit 1 - Sign Height of 37’ The sign height tested above grade for the proposed sign location was 37’. The sign height above the grade of HWY 169 was 47’. Northbound Photos (37’) – Please note that the existing laneways have are currently shifted due to active construction. Photo 1 of 3 Page 16 of 31Page 289 of 389 Photo 2 of 3 Page 17 of 31Page 290 of 389 Photo 3 of 3 Page 18 of 31Page 291 of 389 Southbound Photos (37’) Photo 1 of 3 Page 19 of 31Page 292 of 389 Photo 2 of 3 Page 20 of 31Page 293 of 389 Photo 3 of 3 Flag Test R esults 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. Holiday’s Conclusion – A 37’ (H) sign was not acceptable from any vantage point. Page 21 of 31Page 294 of 389 Exhibit 2 - Sign Height of 47’ – This is the same height as the existing Burger King High Rise Sign. The sign height tested above grade for the proposed sign location was 47’. The sign height above the grade of HWY 169 was 57’. Northbound Photos – Please note that the existing laneways have are currently shifted due to active construction. Photo 1 of 2 Page 22 of 31Page 295 of 389 Photo 2 of 2 Page 23 of 31Page 296 of 389 Southbound Photos (47’) Photo 1 of 3 Page 24 of 31Page 297 of 389 Photo 2 of 3 Page 25 of 31Page 298 of 389 Photo 3 of 3 Flag Test Results for a 47’ High Sign The sign height is acceptable for northbound commuters. Southbound commuters cannot see the sign until after they have exited HWY 169. Holiday’s Conclusion – A 47’ (H) sign was not acceptable for southbound HWY 169. Page 26 of 31Page 299 of 389 Exhibit 3 - Sign Height of 52’ The sign height tested above grade for the proposed sign location was 52’. The sign height above the grade of HWY 169 was 62’. Northbound Photos – Please note that the existing laneways have are currently shifted due to active construction. Photo 1 of 2 Page 27 of 31Page 300 of 389 Photo 2 of 2 Page 28 of 31Page 301 of 389 Southbound Photos (52’) Photo 1 of 3 Page 29 of 31Page 302 of 389 Photo 2 of 3 Page 30 of 31Page 303 of 389 Photo 3 of 3 Flag Test Results for a 52’ High Sign The sign height is acceptable for both northbound and southbound commuters. Holiday’s Conclusion – The proposed 52’ (H) is an acceptable height for all HWY 169 commuters. Page 31 of 31Page 304 of 389 Holiday StationHeight and Size Variance Page 305 of 389 Page 306 of 389 Background §BOA denied the sign size variance §Automatic appeal §Zoned Highway Commercial (C-3) §Freestanding signs §150 square feet §Variance for sign area §451 square feet as measured with one box or §287 square feet measuring two signs individually Page 307 of 389 Page 308 of 389 Page 309 of 389 Applicable Regulations 1. Is in harmony with the general purpose and intent of the ordinance §Balance the advertising needs of the business community against adverse effects on the public §Doubles sign size limit §Not in harmony with the intent of the ordinance Page 310 of 389 Applicable Regulations 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 Page 311 of 389 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. §Doubling the permitted sign area is not a reasonable use §Significant deviations impact the surrounding community §The petitioner does not propose to use the property in a reasonable manner Page 312 of 389 Applicable Regulations 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. §Reconstruction of the interchange is a unique circumstance §A sign constructed according to the ordinance is still visible from the highway and above the grade/bridge §While the plight is unique, the request does not satisfy other standards for issuance of a variance at the requested height and area Page 313 of 389 Applicable Regulations 5. The variance, if granted, will not alter the essential character of the locality. §The sign would be the largest freestanding sign advertising a single business in the area §The proposed sign would alter the essential character of the locality Page 314 of 389 Action Requested §Direct staff, by motion, to prepare a resolution making Findings of Fact denying the sign size (area) variance for the reasons outlined in the memo Page 315 of 389 Page 316 of 389 Page 317 of 389 Page 318 of 389