7.6 SR 06-16-2025The 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
7.6
Meeting Date
June 16, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Resolution 25-31: Alteration and Relocation of Legal
Nonconforming Signs (Billboards).
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt Resolution 25-31 approving the request to relocate and alter legal nonconforming advertising signs
(billboards) in accordance with Sec. 30-857 (d), and subject to the following conditions:
1. The city does not require the demolition or relocation of a billboard until the land beneath the structure is
included in a final plat.
2. Billboards must be removed from property included in a final plat and designated as public right-of-way
prior to releasing the plat for recording.
3. Billboards relocated and constructed on the north side of Highway 10 must be evenly spaced, no closer
than 350 feet, to improve compliance with current city codes.
4. At no time shall there be an increase in the total number of billboard structures, faces, or sign area on the
subject properties.
Background/Discussion
The subject property is in the same location as the proposed Oakwater Ridge/Specht Farm subdivision
proposed by Capstone homes. This request seeks approval from the city to move existing billboards on the
land slated for residential development. The proposal will support the residential subdivision by removing the
billboards from the area proposed for a future frontage road as the property is developed.
The subject properties currently have 21 billboard structures along Trunk Highway 10, 14 of which are
located on the south side of Trunk Highway 10 and seven are located on the north side of Trunk Highway 10.
The existing billboards vary in size, height, and spacing and are considered legal nonconforming structures as
they were in place prior to the current ordinance. The current ordinance prohibits all billboards on
residentially-zoned properties, and limits billboards to commercial and industrial lots of at least 1-acre, with
each billboard requiring its own lot.
The proposal removes all 14 billboards from the south side of Highway 10 to support the Oakwater Ridge
subdivision and replaces the seven structures on the north side of the highway with four new double-sided
billboards. The new billboards would be spaced further apart to improve compliance with city codes, which
require 1,200 feet between billboard structures.
City ordinance Sec. 30-854(d) states:
(d) Relocation or alteration. The city council may, upon application of a property owner, permit the alteration or
Page 555 of 637
relocation of a legal nonconforming sign if, after a public hearing by the planning commission and city council, the
council determines that total compliance with the current sign regulations is not reasonable but the alteration or
relocation of the nonconforming signs is in greater conformity with the existing sign regulations and is in the best
interest of the community.
While the proposal does not bring the property into full compliance with city codes, it does move the
property significantly closer to compliance. Additionally, it will improve the visual appearance of the Highway
10 corridor by reducing sign clutter and supporting the proposed Oakwater Ridge subdivision.
Planning Commission
The Planning Commission held a public hearing on May 27, 2025, where the applicant spoke in support of the
application. A letter was provided to the Planning Commission before the meeting, and is attached for the
record. The letter is an email from Community Development Director Zack Carlton and addressed to Erwin
Specht. The letter expands on when the billboards will be removed, noting that billboards are permitted to
stay in place until the land beneath the billboard is included in a final plat of the phased Oakwater Ridge
subdivision.
One Commissioner asked if the proposed billboard spacing of 350 feet, well below the ordinance requirement
of 1,200-foot separation but an improvement from the current ~220 feet of separation, would create a
precedent that others may ask for. Staff believe that this is a unique situation and would not create a
precedent that would bind the city in the future.
The commission had no additional questions and unanimously recommended approval of the request.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Appropriately govern in an ever-changing environment.
Attachments
1. Location Map
2. Applicant's Narrative
3. Application Exhibits
4. Nonconforming Sign Resolution
5. Public Hearing Submittal
6. 7.6 Specht Billboards Presentation
Page 556 of 637
Page 557 of 637
April 28, 2025
Zack Carlton, Community Development Director
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Via Email and Online
zcarlton@ElkRiverMN.gov
Re: Change of Nonconforming Use – 16723 US-10
Dear Mr. Carlton:
We represent Security Bank and Trust, Trustee of the Doris Specht and the Erwin T. Specht
Trust (the “Applicant”), the owner of the parcel at 16723 US-10 (“Property”). On behalf of the
Applicant, we are seeking City Council approval to alter and relocate certain legal
nonconforming signs on the Property located along Highway 10 near Specht Lane in Elk River,
Minnesota (“Project”).
The billboards are currently legally nonconforming due to their proximity to one another, which
does not comply with the current sign regulations. The Project seeks to substantially reduce the
number of signs on and around the Property and reconstruct a smaller number of modern,
uniform signs in greater conformity with the City Code and community standards.
Proposed Project
There are currently 21 billboard structures around the Property along Highway 10, 14 of which
are located on the south side of Highway 10 and seven are located on the north side of Highway
10 on the Property. The billboards vary in size, height, and spacing, creating a cluttered and
inconsistent visual appearance along the highway corridor.
The Project proposes to remove all 14 sign structures on the south side of the highway and
replace the seven sign structures on the north side with four new back-to-back billboards on the
Property, evenly spaced. The new signs would have a smaller footprint and a more streamlined
design. The Project would result in a net reduction of 17 sign structures, 20 sign faces, and
4,291 square feet of signage. The new sign structures would be spaced approximately 350 feet
from one another, instead of the current spacing which ranges from 219 to 227 feet on the north
side of Highway 10.
The Project brings the nonconforming use of the billboards to greater conformity with the City’s
sign regulations and promotes the intent of the ordinance to reduce visual clutter, enhance
safety and aesthetics, and support the character of the highway corridor.
Applicable Standards and Considerations
The City Code under Section 30-854(d) allows the City Council, following a public hearing, to
approve the alteration or relocation of a legal nonconforming sign if total compliance is not
reasonable and the proposed change brings the signs into greater conformity and serves the
Page 558 of 637
Zack Carlton, Community
Development Director
April 28, 2025
Page 2
community’s best interest. The following factors support approval of the Project under the City
Code:
Total compliance is not reasonable due to the long-standing legal nonconforming status
of the signs and physical limitations of the Property.
The proposed signs are fewer in number, more uniform in appearance, better spaced,
and significantly reduce overall signage, supporting the City’s goals for sign regulation.
The proposed changes improve the visual landscape, reduce visual clutter for highway
users, and promote compatibility with adjacent land uses (which include agricultural,
commercial, and industrial uses).
Further, under Section 30-697, legally nonconforming uses may continue through repair,
replacement, maintenance, or improvement, and Section 30-698 permits limited expansion
provided that the cost does not exceed 25 percent of the assessed value of the improvements
and that the expansion does not reduce compatibility with surrounding properties. The Project
complies with these provisions by modernizing the signage design, reducing the number and
size of signs, and improving compatibility with adjacent land uses.
Conclusion
Based on the above analysis, the Project meets the criteria set forth in Section 30-854(d) of the
City Code for the alteration and relocation of legal nonconforming signs, as full compliance with
current sign regulations is not reasonable, and the proposed changes bring the signage into
greater conformity with those regulations. The Project is also consistent with the purpose and
intent of the City’s sign ordinance and comprehensive plan, and supports community goals
related to visual quality, safety, and land use compatibility. The Project is also consistent with
Sections 30-697 and 30-698 of the City Code, as it involves the improvement of a longstanding
legal nonconforming use, remains within the allowable limits for modifications, and does not
reduce compatibility with adjacent uses.
We respectfully request City Council approval of the proposed modifications. Please do not
hesitate to reach out with any questions. Thank you for your time and consideration.
Sincerely,
Jacob W. Steen, for
Larkin Hoffman
Direct Dial: 952-896-3239
Direct Fax: 952-842-1738
Email: jsteen@larkinhoffman.com
Enclosure
4922-3226-4239, v. 2
Page 559 of 637
Sherburne County, MN
Developed by
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions,
changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or
discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classi cation and value. Any questions regarding additional information please contact the
City of St Cloud's assessor of ce.
Date created: 1/13/2025
Last Data Uploaded: 1/13/2025 9:12:24 AM
360 ft
Overview
Legend
Public Water Inventory
Not Classi ed
General
Development
Natural
Environment
Recreational
Development
Parcels
Streams
2004 Prior to Rebuild
Page 560 of 637
Sherburne County, MN
Developed by
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions,
changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or
discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classi cation and value. Any questions regarding additional information please contact the
City of St Cloud's assessor of ce.
Date created: 1/13/2025
Last Data Uploaded: 1/13/2025 9:12:24 AM
360 ft
Overview
Legend
Public Water Inventory
Not Classi ed
General
Development
Natural
Environment
Recreational
Development
Parcels
Streams
Existing Rebuilds
Page 561 of 637
Sherburne County, MN
Developed by
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions,
changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or
discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classi cation and value. Any questions regarding additional information please contact the
City of St Cloud's assessor of ce.
Date created: 1/13/2025
Last Data Uploaded: 1/13/2025 9:12:24 AM
721 ft
Overview
Legend
Public Water Inventory
Not Classi ed
General
Development
Natural
Environment
Recreational
Development
Parcels
Streams
All Current Signs
Page 562 of 637
Sherburne County, MN
Developed by
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions,
changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or
discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classi cation and value. Any questions regarding additional information please contact the
City of St Cloud's assessor of ce.
Date created: 1/13/2025
Last Data Uploaded: 1/13/2025 9:12:24 AM
360 ft
Overview
Legend
Public Water Inventory
Not Classi ed
General
Development
Natural
Environment
Recreational
Development
Parcels
Streams
Rebuild Using Even Spacing
Page 563 of 637
Sherburne County, MN
Developed by
Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to make additions,
changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or
discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Disclaimer for St Cloud Parcels: Sherburne County information about St Cloud properties are limited to classi cation and value. Any questions regarding additional information please contact the
City of St Cloud's assessor of ce.
Date created: 1/13/2025
Last Data Uploaded: 1/13/2025 9:12:24 AM
360 ft
Overview
Legend
Public Water Inventory
Not Classi ed
General
Development
Natural
Environment
Recreational
Development
Parcels
Streams
Rebuild Using Existing Sites
Page 564 of 637
City of Elk River
City Council
Resolution 25-31
A Resolution of the City Council of the City of Elk River Approving the
Alteration and Relocation of Legal Nonconforming Signs
WHEREAS,Larkin Hoffman, representing Security Bank and Trust, Trustee of the Doris
Specht and the Erwin T. Trust (the “Applicant”) has submitted an application seeking
approval to alter and relocate legal nonconforming signs on the property managed by the
trust at 16330 US Highway 10(the “Property”); and
WHEREAS,there are currently 21 billboard structures of varying size, height, and spacing
on the Property creating a cluttered and inconsistent visual appearance along the highway
corridor; and
WHEREAS,the Applicant proposes to remove 14 structures on the south side of US
Highway 10 and replace seven signs on the north side with four new evenly spaced two-
sided billboards, resulting in a net reduction of 17 sign structures, 20 signs, and 4,291 square
feet of signage (the “Project”); and
WHEREAS,alteration and relocation of legal nonconforming signs is permitted under
Sec. 30-854 (d) of the city code after the Planning Commission and City Council hold a
public hearing and find the request is in greater conformity with the existing sign regulations
and is in the best interest of the community; and
WHEREAS,the Planning Commission held a public hearing to review the Project on May
27, 2025, received comments from the public, and found the request to be in greater
conformity with the existing sign regulations, recommending approval to the City Council;
and
WHEREAS,a public hearing on said Project was held on June 16, 2025, before the City
Council of the City of Elk River after published and posted notice had ben given, and all
persons interested were given an opportunity to be heard at the public hearing.
Page 565 of 637
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The City Council finds that, under the circumstances, total compliance with the sign
regulations is not reasonable but that the proposed alteration and relocation of the
nonconforming signs, the Project, is in greater conformity with the existing sign
regulations and is in the best interest of the community.
2. The Project is approved, subject to the conditions described in Exhibit A.
Passed and adopted this 16th day of June 2025.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 566 of 637
Exhibit A
1. The city does not require the demolition or relocation of a billboard until the land
beneath the structure is included in a final plat.
2. Billboards must be removed from property included in a final plat and designated as
public right-of-way prior to releasing the plat for recording.
3. Billboards relocated and constructed on the north side of Highway 10 must be evenly
spaced, no closer than 350 feet, to improve compliance with current city codes.
4. At no time shall there be an increase in the total number of billboard structures, faces, or
sign area on the subject properties.
Page 567 of 637
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Modification of a Non-
Conforming Signs
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Background
§Applicant seeking approval to consolidate and replace
existing billboards.
§Subject properties have 21 billboards located along both
sides of HWY 10, mostly within the Oakwater Ridge
development.
§All signs are considered legal non-conforming.
§Proposal requests reducing the total number of
billboards to 4 double sided signs (8 total faces) in NE
parcel.
§New signs would not meet existing zoning
ordinance.
§Alteration and relocation is in greater conformity
§21 billboards down to 4(8).
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Page 572 of 637
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Existing Proposed
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City Code
Sec. 30-854 (d)
Relocation or alteration. The city council may, upon
application of a property owner, permit the alteration or
relocation of a legal nonconforming sign if, after a public
hearing by the planning commission and city council, the
council determines that total compliance with the current
sign regulations is not reasonable but the alteration or
relocation of the nonconforming signs is in greater
conformity with the existing sign regulations and is in the
best interest of the community.
Page 575 of 637
Implementation
§The proposed work to reduce, relocate, and modify the
existing billboards will take place over time and in
conjunction with the Oakwater Ridge Subdivision.
§Billboards may remain in place until an individual
billboard is included in a final plat for the subdivision
and includes R/W dedication.
§A plat will not be released for recording until the
billboards within the plat are removed.
Page 576 of 637
Planning Commission
§The Commission held a public hearing on May 27, 2025
§Prior to the meeting, a member of the family
provided the commissioners with a letter from city
staff.
§Durin the hearing, the applicant spoke and outlined
the request.
§Franklin Outdoor Advertising described the signs
that would be built, if approved.
§10.5 feet by 36 feet (378 SF) – ordinance limit of
400 SF
§Not electronic/digital
§PC asked about setting a precedent – very unique
request
§Unanimously recommended approval.
Page 577 of 637
Action Requested
§Adopt resolution 25-31 approving the modification and
relocation of legal nonconforming billboards as the
proposal is in greater conformity with city codes, and
subject to the conditions noted in the memo.
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