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07-10-2007 BA MINMEETING OF THE ELK RIVER BOARD OF ADJUSTMENTS HELD AT ELK RIVER CITY HALL TUESDAY, JULY 10, 2007 Members Present: Chair Stevens, Commissioners Anderson, ,Austad, Scott and Westgaard Members Absent: Commissioners Lemke and Staul Sta~f Present: Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Planner Chris Leeseberg, Recording Secretary Debbie Huebner 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Adjustments was called to order at 6:48 p.m. by Chair Stevens. 2. i Consider July 10. 2007 Board of Adjustments Agenda 3. 4. MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE JULY 10, 2007 BOARD OF ADJUSTMENTS AGENDA. MOTION CARRIED 5-0. Consider Board of Adjustments Minutes -Minutes were not available. Consider Request for a Variance by American National Bank for Sign Height. Case No. V 07-05 -Public Hearin Planner Chris Leeseberg stated that a 10-foot high sign for American National Bank was approved in March 2007 as part of their conditional use permit. They axe requesting afive- foot variance to have the sign height be 15 feet. Staff feels that Criteria #1 and #2 cannot be met, and therefore, are recommending denial of the request. Chair Steven opened the public hearing Robyn Arneson, American National Bank, 17267 Yale Street -Stated that their sign is not visible when coming from the west, when the parking lot is full. She noted that they host a large number of meetings at the bank and the parking lot is often full. She distributed photos of the sign visibility and of other signs in the area. There being no further public comment, Chair Stevens closed the public hearing. Commissioner Austad agreed that the visibility from the west is limited. Commissioner Scott stated that he was inclined to support a 5-foot height variance. Commissioner Westgaard stated it would be a struggle to approve the request, since the standards were addressed in the PUD agreement, with a goal of limited the signage. He stated he would not want to set a precedent for straying from the standards. Chair Stevens stated he felt the corridor was becoming cluttered and concurred that the PUD standards were designed to limit signage to a minimum, and he felt the developer of the PUD clearly understood this. He stated he supported staff s recommendation for denial. Commissioner Board of Adjustments Minutes ~u~y lo, 200 Page 2 Anderson concurred with Chair Stevens and Cotninissioner Westgaard. He stated the standards are already in place and he was opposed to changing them now, when there are still other vacant lots in the development. Commissioner Austad stated that he understood staffs recommendation, but felt that there are special circumstances, since there is a huge Pontiac sign blocking view of the bank's sign, when driving from the west. MOTION BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER ANDERSON TO DENY THE VARIANCE REQUEST BY AMERICAN NATIONAL BANK ,CASE NO. V 07-05, BASED ON THE FOLLOWING FINDINGS: 1. VARIANCE CRITERIA #1 IS NOT MET, LITERAL ENFORCEMENT WOULD NOT CAUSE UNDUE HARDSHIP, AS THE APPLICANT DOES HAVE A SIGN WHICH IS VISIBLE. 2. VARIANCE CRITERIA #2 IS NOT MET, THERE IS NO HARDSHIP THAT IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES. Commissioner Westgaard stated that the applicant should continue to work with staff in exploring alternatives to achieve their goal. Adjournment There being no further business, MOVED BY COMMISSIONER WESTGAARD ADJOURN THE MEETING. meeting of the Elk River Board of Adjustments adjourned at 6:48 p.m. fully submitted, Ott ~ ~~~~/,c.L6yc.~c., Huebner ng Secretary