6.7. SR 04-17-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin A ril 17, 2006
Item Description
Request by Elk River Ford for Variance Relating to
Si a e, Public Hearin - Case No. V 06-03
Item Number
6.7.
Prepared by
Scott Harlicker, Senior Planner
Reviewed by
Scott Clark, Community Development
Director
Introduction
The applicant is requesting a variance to the sign ordinance to allow 3 freestanding signs along
Highway 10.
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 sign
. removing the Ford truck sign
. relocating the Chrysler 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 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.
S:\pLANNING\Case Files\2006\ Variance\ v 06-02 E R Ford\RCAV06-02CC4-17.doc
Discussion
At the Board of Adjustment meeting held on April 11 th , the applicant argued that the three signs are
needed to identify the different businesses on the premise, to direct customers to the entrances and are
proportional to the amount of frontage. The Board believed that the ordinance recognizes the need for
additional signage on parcels with excessive frontage and allowed two freestanding signs if there is more
than 300 feet of frontage.
The Board voted 7:0 to deny the variance request for 3 freestanding signs.
Financial Impact
N/A
Attachments
Board of Adjustment staff report
Action Requested
Denial of the variance request based on the following:
1. Literal enforcement if the ordinance will not cause undue hardship. The size of the project along with the
two allowable freestanding signs is sufficient to identify the dealership.
2. The hardship is caused ly special conditions and circumstances, which are peculiar to the properry and the
structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area.
There is no hardship. 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 if the provisions if this ordinance would deprive the petitioner if rights ef!jqyed ly other
properties in the same district under the terms if this ordinance. Similar sized sites function well with
signage that complies with the ordinance. The applicant is not being deprived of rights enjoyed
by other properties.
4. The special conditions and circumstances are not a consequence if the petitioner's own action or inaction. No
special conditions or circumstances exist.
Council Action
Motion by _
Second by _
Vote
Follow Up
s: \pLANNING\ Case Files \2006\ Variance \ V 06-02 E R Ford\RCA V06-02CC4-17.doc
Item #
MEMORANDUM
TO: Board of Adjustment
FROM: Scott Harlicker, Senior Planner
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 Elk 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/Jeep/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 sign
. removing the Ford truck sign
. relocating the Chrysler 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 171st 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, move
S:\PLANNING\Case Files\2oo6\ Variance\ V 06-02 E R Ford\ V 06-02BA4-11.doc
Board of Adjustments / V 06-02
April 11, 2006
Page 3
the Chrysler/Plymouth sign further to the south, remove the Ford Truck sign and replace it
with a readerboard/ changeable copy style pylon sign.
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, move the Chrysler 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 of 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 ry special conditions and circumstances, which are peculiar to the proper(] and
the structure involved and which are not characteristic of, 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 of the provisions of this ordinance would deprive the petitioner of rights ef!Jqyed
ry otherproperties in the same district under the terms of 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 of the petitioner's own action or inaction.
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
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.
5. The variance will not be it!Jurious to or adverselY riffect the health, safery 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
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PROPERTY
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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.Sian.aae.
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. Dodge." 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 171st 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
(unnecessary. 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 quicklane 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 sitellarge box businesses to go beyond
the maximum allowable signage.
2
(3) The literal aoolication of the orovisions of this article would deorive the
oetitioner of riqhts enioyed bv the other orooerties in the 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 171 st 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 soecial conditions and circumstances are not a consequence of the
oetitioner's own actions or inactions.
The need for the variance on signage 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 city or the neiqhborhood wherein the
orooertv is situated and will be in keeoinQ with the soirit 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
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Sheet No.:
Project: ELK RIVER FORD
Highway 10 & 171st Street N.W.
Elk River, Minnesota
TItle: OVE.RALL SITE PLAN
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Job No.:
05435
Drawn By:
LCM/JKM
Date:
3/17/06
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