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3.2. BASR 04-11-2006 . . . Item # 3 . 2 . MEMORANDUM TO: Board of Adjustment FROM: Scott Harlicker, Senior Plannertf DATE: April II, 2006 SUBJECT: Case No. V 06-02 Request by Elk River Ford for a sign variance Request The applicant is requesting a variance to the sign ordinance to allow 3 freestanding signs along Highway 10 location 17219 Highway 10 Zoningl land Use C3 (Highway Commercial) / HB (Highway Business) 60 Day Rule In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be taken on this request by April 28, 2006. Attachments . Location Map Applicants Narrative Site Plan Sign Elevation Picture of existing signs . . . . Planning Department Mission: the orderly development of a livable and sustainable E.lk River community. Board of Adjustments / V 06-02 April 11, 2006 Page 2 . Overview The applicant is proposing to expand the existing car dealership. Part of the expansion is installing new signage and relocating existing signage. The zoning code allows one freestanding sign per parcel. However, where a lot has more than 300 feet of street frontage, one additional freestanding is allowed. They may be placed no closer than 150 feet to any other freestanding sign on the same premises. Because the parcel has more than 300 feet of street frontage, the current ordinance allows two freestanding signs. The applicant has three freestanding signs along Highway 10. Based on review of the documentation available, staff believes that the existing Ford/Mercury sign and the Ford Truck sign were constructed in the 1980's and are grandfathered in at their current locations. The Chrysler/Plymouth/] eep /Dodge sign was constructed in 1990. The zoning interpretation at that time classified the Chrysler sign as a billboard. It was allowed because it was located on a different parcel than the other two signs. None of the signs can be interpreted as a billboard under the current ordinance. The property is being platted as one lot and a billboard has to be the principle use on the parcel. This is not the case today; Elk River Ford is the principle use of the parcel. Existing Signs . . Ford sign . Ford Truck sign . Chrysler sign 200 sq. ft. 50 sq. ft. 200 sq. ft. Proposed Signs . Ford sign . Chrysler sign . Message sign 200 sq. ft. 200 sq. ft. 200 sq. ft. Proposed Changes . relocating the Ford freestanding sign . removing the Ford truck sign . proposing a new freestanding changeable message sign . The total square footage of signage along Highway 10 will increase from 450 sq. ft. to 600 sq. ft. . The applicant is proposing three pylon style freestanding signs along Highway 10. In addition, the proposal is to remove the existing entrance on to Highway 10 and have the dealership's entrance on 171 st and 173rd Avenues. Both these entrance driveways will have a permitted 16 sq. ft. area identification signs as additional site signage. The applicant is proposing to move the existing Ford sign to the intersection of 173rd and Highway 10, keep the Chrysler/Plymouth sign at its current location, remove the Ford Truck sign and replace it with a readerboard/ changeable copy style pylon sign further south along Highway 10. s: \PLANNING\Case Files \2006\ Variance \ V 06-02 E R Ford\ V 06-02BA4-11.doc . . . Board of Adjustments / V 06-02 April 11, 2006 Page 3 The existing signs will lose their non-conforming status because they are being relocated or replaced. Section 30-854(b) states that a legal non-conforming sign may lose it status if the sign is relocated, replaced or altered, other than for change of copy or normal maintenance. Variances are required to move the Ford sign and to construct the new readerboard/ changeable copy style pylon sign. Analysis In order to grant a variance from the literal interpretation of the ordinance, the following five conditions must be met: 1. Literal enforcement oj the ordinance will cause undue hardship. The applicant currently has 3 freestanding signs. The sign face could be changed on each sign without the need for a variance. Because one of the signs is being removed and replaced with a new sign and another is being relocated, a variance is needed. The applicant feels that the undue hardship is that customers will not be able to identify the dealership without the new signage. Staff feels that the size of the project along with the two allowable freestanding signs is sufficient to identify the dealership. 2. The hardship is caused l:ry special conditions and circumstances, which are peculiar to the properry and the structure involved and which are not characteristic oj, or applicable to, other lands or structure in the same area. The applicant believes that the hardship lies in the fact that the business is land intensive and requires the three signs on Highway 10. Staff does not believe that a hardship exists. The applicant's situation is not unique regarding freestanding signs along Highway 10. The dealership across the highway, which is similar to the applicant, has two freestanding signs along the Highway 10. 3. The literal application oj the provisions oj this ordinance would deprive the petitioner oj rights e1!jqyed l:ry other properties in the same district under the terms oj this ordinance. The applicant feels that the number of signs being requested is proportionate to the size of the site. The site is 17.73 acres; for comparison Saxon Motors has 13.52 acres, Walmart has 21 acres and Menards has 14.42 acres. These similar sized sites function well with signage that complies with the ordinance. Staff does not feel that the applicant is being deprived of rights enjoyed by other properties. 4. The special conditions and circumstances are not a consequence oj the petitioner's own action or inaction. The applicant believes that the special conditions and circumstances are a consequence of the need to have a large lot for inventory. Staff does believe that any special conditions or circumstances exist. s: \PLANNING \ Case Files \2006 \ Variance \ V 06-02 E R Ford\ V 06-02BA4-11.doc . . . Board of Adjustments / V 06-02 April 11, 2006 Page 4 5. The variance will not be i,!jurious to or adverselY qffect the health, sqfery or we!fare of the residents of the ciry or the neighborhood where the properry is located and will be in keeping with spirit and intent of the ordinance. The request would not adversely impact other properties in the vicinity. Recommendation Staff recommends that the Board of Adjustments deny the variance request for three freestanding signs along Highway 10 based on the findings that the request does not meet criteria 1-4 for approving a variance S:\pLANNING\Case Files\2006\Variance\ V 06-02 E R Ford\ V 06-02BA4-11.doc DOT PROPERTY !J 0 ItItE 1,1.. rJ.ItItY DI'l'10rJ p,D . City of EI --- River-' Location Map TRAILS LEGEND EXISTING PAVED TRAIL 1r _ _ _ _ _ FUTURE TRAIL EXISTING SIDEWALK _ _ _ _ _ FUTURE SIDEWALK FUTURE WIDENED SHOULDER N Case Number: P 06-06 ELK RIVER FORD . . . MEMORANDUM To: Elk River Planning Commission From: Stephen Rohlf, on behalf of the Elk River Ford Dodge Jeep Property, Owner Scott S. Powell Date: February 27, 2006 Subject: Elk River Ford-Dodge-Jeep Facilities Expansion 17219 Highway 10, Elk River, MN ******************************************************* Elk River Ford-Dodge-Jeep, the business entity owned by Scott S. Powell, the applicant in these proceedings, is excited to propose the expansion of its facilities to provide even better service to the City of Elk River and its citizens. This expansion will mean greater tax base for the City of Elk River, and an increase of approximately thirty good paying jobs over the next five years. These jobs will be in addition to the jobs of the nearly 100 people currently employed at the dealership property; Components of the facilities expansion include a quicklane service area attached to the existing building, a detached carwash/detail center, greater showroom space, additional vehicle service area, and much needed additional office space. In connection with applicant's request for necessary City approvals, we thought it appropriate to address the following matters, so as to assist the City in its consideration of the applicant's request: A. Sianaae. Current signage. Under the City's Sign Ordinance, Elk River Ford- Dodge-Jeep is currently allowed two (2) 200 square foot freestanding signs. We currently have three signs: one that states "Ford Trucks," one with "Ford" on it, and one stating "Chrysler.. Plvmouth. Jeep. Dodae." The attached drawing shows the dimensions of these signs. Requested Signage. Because we have over one quarter mile of frontage on Highway 10, and are proposing two additional access points at 171 st and 173rd Avenues, the currently allowed signage does not provide adequate notice to our customers, and a hardship is presented. Accordingly, the applicant is requesting a variance that will permit three (3) 200 square foot freestanding signs . along Highway 10. We would retain the "Ford" and "Chrysler, Plymouth, Jeep, Dodge" signs, and replace the "Ford Trucks" sign with a double faced programmable message center/community service board. We are also requesting two 64 square foot monument signs at our entrances on 171 st & 173rd Avenues. The locations of these signs are shown on our site plan. Wall Signage. We plan to stay within the applicable ordinance in regards to wall signage (three wall signs with a maximum cumulative size of 300 square feet) on the main building and on the carwash/detail center. Wall signage on the main building will include one to advertise Elk River Ford-Dodge-Jeep, one for the quicklane and to advise customers of the service area. Variance Standards. There are five standards for granting a variance as they relate to applicant's freestanding signage request. Our response to each is as follows: (1) The literal enforcement of the ordinance would cause undue (unnecessaN. unavoidable. extreme) hardship. . There are currently five automobile franchise operations on our site: Ford, Dodge, Jeep, Mercury, and Chrysler. Two additional businesses are proposed: a carwash/detail center and a quicl.<Iane service lane. These individual franchises and businesses need to be identified to be successful. Further, they need to be identified to avoid both customer confusion and impediments to the free flow of traffic. Without appropriate, visible, readable signage advising the customer that he or she has arrived at the desired destination, the customer will drive on, or slow to seek out the desired destination. Elk River Ford-Dodge-Jeep cannot adequately advertise all of its businesses, for its benefit and the benefit and safety of its customers, and stay within the current allowable signage. (2) The hardship is caused by special conditions and circumstance which are peculiar to the land and structures involved and which are not characteristic of. or applicable to other lands or structures in the same district. Because of the necessary inventory, car dealerships tend to be land intensive. Elk River Ford-Dodge-Jeep is no exception. The portion of the property that will be used for the dealership (approximately 16 acres) is large for a highway commercial use. The subject property also has access to/from three roadways. This also makes the situation unique. There is a precedent already established for allowing large site/large box businesses to go beyond the maximum allowable signage. . .2 . (3) The literal application of the provisions of this article would deprive the petitioner of riahts enioyed by the other properties inthe same district under the terms of this article. The City's Ordinance recognizes the need for more signage for properties with large frontages and allows a second freestanding sign for commercial properties in excess of 300 feet of frontage. The subject property has well over 2,000 feet of frontage. The amount of signage the applicant is requesting is proportionate to the size of the site. The ordinance did not anticipate our situation. The Elk River Ford-Dodge- Jeep site has over a quarter of a mile of frontage on Highway 10 and nearly 900 feet of frontage on 171st and 173rd Avenues. If we are allowed the signage requested, the subject property would still have the least intensive signage of any developed commercial area along Highway 10. (4) The special conditions and circumstances are not a conseauence of the petitioner's own actions or inactions. . The need for the variance on sign age is a consequence of having an unusually large parcel with an unusually large amount of frontage. The fact that we are not dividing the land into smaller parcels should not be determinative of the issue. The applicant owns adequate land for the planned uses, and should not be penalized because those uses are proposed to be housed in one principal building and one accessory building on the same lot. (5) The variance will not be iniurious to or adversely affect the health. safety. or welfare of the residence of the citv or the neiahborhood wherein the property is situated and will be in keepina with the spirit and intent of this article. Not only will applicant's request not result in adverse safety consequences, but, on the contrary, clearly marked entrances and signage large enough to identify the businesses well in advance of having to initiate turn movements, will improve safety in the area. This is especially true if the applicant is compelled to relinquish direct access to Highway 10. There are no residential areas adjacent to the property, so that is not an issue. Lastly, the programmable message center will not incorporate rotating or flashing lights that could distract motorists. The requested signage will be a safety plus, not a negative. B. Delaved Second Phase of Plat. . Elk River Ford-Dodge-Jeep and LeFebvre Companies are cooperating with the second phase of the requested plat. The second phase will include 3 40x96 AMBER LED MESSAGE CENTER 12 INCH CHARACTER PER LINE CHANNEL LETTERS MOUNTED ON WHITE METAL ID CABINET . . . . . . . . . . . . . . . '- - . l!: c? ~0 I I~ I!I !Ii 1I2 ~ !!jli i ai U Ill.. I I I I .. I I 1 ~ ^ - ---'--'11--., 1 I C!. ISlaill!;! I I ,ii r : ~~ 2iii~j;j ~ /,' ',11 ~ 1li".g ~, I ... ~ 1 i!!~~! / / : CItII ti.._J r;j!t I I I . a I I "liS! 'n I I "5", '", / / I' ~ I ,. // " : ~ - ----'1---1' -.;=~.:-===-- -~ I '1 I, \ :~~~~ !S~ Big! L \ I 2~!~i ~ag I~~ ! r \ 1liJ."al al!! I '------ \\ .r~:i-- ------[-1 \ \ "'"' ~tg \ I I ~!il I' ~ \ i \ \ ~ \ \ \ ~ il~ \"!\ I Ii" , -- 'L lLl--~----"------ - - - - - - I -------- - - - r --------.. - - - - "' , I _--------;s~\ ! lJ4); I' -1-{ ~~C i ~ -<;- ~IV~O . S_""~ _ ~ - __M _~~___ _~__ ____ E_~ -~ --.,;.",. ~s ~i 1ft'" ll;&~ ~"z~ ~f'i ... l!!\:I ~11l ii g i l!! i Big I' ~ ~ Sheet No.: RevIsions D_t=-~ (CllIICIPr a1) ,-..-.............- er rwport ... prepaNd bJ me or under my =-~=.,~I::':.d:: State of MInnMotII. PRELIMINARY NOT FOR CONSTRUCTION A1 Project: ELK RIVER FORD Highway 10 & 171st Street N.W. " Elk River, Minnesota TItle: OVERALL SITE PLAN Job No.: 05435 Drawn By: LCM/JKM Date: 3/17/06 Nom. I UIIN r. UI.I UlM 12223 IIorI ~ _ _ _....lIWII-Il4I o CllPI'IlIOHT :Illll8 __ AlICItI1EClS, INC. -- .......... DcM_ No. 15174