5.5. SR 06-16-2008Elk REQUEST FOR ACTION
River
To Item Number
Ci Council 5.5.
Agenda Section Meeting Date Prepared by
Plannin Items une 16, 2008 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Scott Powell for Variance to Sign Requirements, Jeff Gongoll, Community
Public Hearing -Case No. V 08-06 Appeal Develo ment Director
Reviewed by
Action Requested
Automatic Appeal of Board of Adjustment decision to deny a variance to allow a second area
identification sign where 1 is permitted.
Staff recommends that the City Council deny the variance request, based on the analysis summarized
below:
Summarv
The applicant, Scott Powell, is requesting a variance to allow a second area identification sign. The
ordinance allows one. Staff, in completing its analysis of both the information offered before and during
the meeting, offers the following comments regarding the variance criteria:
Variance Criteria
7. Literal enforcement of the ordinance aviill cause undue hardshii~.
Signage is an important aspect of nearly all commercial businesses. The City must balance the
needs of an individual business with the needs of businesses in the immediate area, as excessive
signage leads a perception of clutter, may be confusing, and detracts from the image of the
community. The ordinance establishes clear sign regulations that provide several options for
signage for each business. No hardship on the subject property has been demonstrated. There
are directional signs available to direct users to entrances.
2. The hardshi~h is caused by special conditions and circumstances avhich are ~ieculzar to the ~~ro~ierl y and the
structure involved and avhich are not characteristic o~{, or a~il~licable to other lands or structure in the same area
The property has accesses off of 1715` and 173t4. These two entrances are not visible to each
other. Based on through streets, and traffic signals, the primary access is off 17151. The
applicant has not demonstrated sufficient hardship or uniqueness necessary to support an
additional sign for the property, outside of the options available.
Case File: V 08-06
Page 2
Elk River Ford
Area Identification sign variance
3. The .r~ecial conditions and circumstances are not a consequence o the~etitioner'.r own action or inaction.
There are no special conditions identified that suggest a variance is warranted. The applicant is
arguing that the removal of the entrances off of 10 justify and require the variance. The closure
of the access was the applicants own action, not required by the State. This appears to be in
direct conflict with this provision.
4. The literal a~lication of the ~irovisions of this ordinance would de~irive the~etitioner of rights enzoyed by other
1~ro~erties in the same district under the terms of this ordinance.
The literal application of the ordinance allows an area identification sign. The area, not defined
by the ordinance, is identified by the applicant as this lot. There are other signs options available
to the applicant (and other parcels) for the signage. The applicant is not unfairly treated with
regard to the application of the ordinance.
5. The variance aarill not be injurious to or adversel~a, feet the health, safety or we~are of the residents o the cit~r
the neighborhood where th~ro~erty is located and will be in keening aarith snirit and intent o~the ordinance.
As the signs are not visible from a single vantage point, it has not been demonstrated that the
signage will be injurious or adversely affect the health, safety, or welfare of the residents of the
City.
Board of Adjustment Discussion
At their meeting on June 10, 2008, the Board of Adjustments denied a variance requested by Scott Powell
to allow a second area identification sign where one in permitted. The Board's vote was 4-3.
The majority felt that although a case could be made for one or two of the conditions of approval, all
standards for variance have not been met, notably, evidence of hardship has not been demonstrated, no
rights are restricted, nor do any special conditions exist that require a variance.
Public Comment
Steve Rohlf, speaking on behalf of the applicant, demonstrated, in his opinion, the standards addressed:
1) Hardship is due to the safety issue. Customers do not know where to turn off Highway 10,
causing hesitation and potential for an accident. Also, customers do not know there is a carwash
and the business is lost.
2) The special circumstances are that the entrances are one-quarter mile apart, and they have
multiple businesses in a campus setting.
3) Special conditions are that there Highway 10 access was given up voluntarily for safety reasons.
4) Separate businesses are allowed individual signs. If the property were subdivided and sold as
individual businesses, there could potentially have been 20 signs.
5) Approval of the additional sign would not have any impact on health, safety, or welfare of
residents in the city.
S:\PLANNING Mt3IN\Case Files\Variance\V 08-0( Scott Powell\CC staff report Powell G-I(-08.doc
Case File: V 08-06
Page 3
Elk Rivex Ford
Area Identification sign variance
5) Approval of the additional sign would not have any impact on health, safety, or welfare of
residents in the city.
Response
Staff has developed draft Finding of Fact for the denial, as suggested by the City Attorney for cases
recommended for denial.
It should be noted that there are options for highlighting the entrances, such as information/
directional signs, allowed in the current ordinance.
Financial Impact -None
Attachments
^ Staff report to Planning Commission dated June 10, 2008
^ Location Map
^ Sign plan and specs
^ Sign location map
Analysis
Should the variance be approved, staff has some concern with the proposed location of the signs.
The signs are proposed to be located 10 feet back from the right of way line, and about 1 - 3 feet
back of the curb delineating the entrance drives. The right of way setback appears appropriate, and
consistent with regulations for other signs. While the ordinance doesn't clearly identify setback
requirements, it is recommended that the Board of Adjustments or City Council establish minimum
setback requirements fox signs receiving a variance:
Vision clearance triangle must be maintained from all streets/ drives
Front (Right-of--way): 10 feet
Side: 5 feet
ACtIOn Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\Vaxiance\V 08-06 Scott Powell\CC staff report Powell 6-16-08.doc
REQUEST FOR ACTION
To Item Number
Board of Adjustments 4.1.
Agenda Section Meeting Date Prepared by
Plannin Items une 10, 2008 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Scott Powell for Variance to Sign Requirements, Jeff Gongoll, Community
Public Hearing -Case No. V 08-06 Develo ment Director
Reviewed by
Action Requested
Staff recommends that the Board of Adjustments deny the variance request, based on the analysis
swnmarized below:
1. The standards for variance have not been met, notably, evidence of hardship has not
been demonstrated, no rights are restricted, nor do any special conditions exist that
require a variance.
Background/Discussion
The applicant is requesting additional area identification signs for the property, commonly known as Elk
River Ford.
In April, 2006, the property owner received variance approval, permitting an additional freestanding sign
along Highway 10. (Two are permitted by right, per the ordinance.) Currently, there are 4 signs along the
frontage of Highway 10 and one sign at the entrance off of 171ST Avenue.
The applicant has indicated that one of the 4 signs along Highway 10 (the Ford Truck sign), and the sign
at the entrance off of 171St Avenue will be removed. In its place, the applicant proposes two area
identification signs; one at the entrances off of 171St and 173Td Avenues. The table below reflects the
existing and proposed freestanding signs at Elk River Ford:
Case File: V 08-06
Page 2
Elk River Ford
Free standing signage
Existing si~na~e Proposed Signage
Ford Sign Ford Sign
Chrysler Sign Chrysler Sign
Ford Truck Sign
Message sign Message Sign
ER Ford A ID @ 171st New ER Ford A ID @ 171st
New ER Ford A ID (c~ 173xa
Total of 5 signs Total of 6 signs
Financial Impact -None
Attachments
Location Map
Sign plan and specs
Sign location map
General Information
Elk River Ford
Area Identification sign variance
A licant Scott Powell
60 Day Rule The application has been deemed complete as of April 28, 2008.
The City must take action by June 28, 2008
Re nested Action Variance from number of Area Identification Signs permitted
Location and Size 17219 Highway 10
Overview
The applicant is requesting a variance to permit one additional Area Identification Sign, over the
established maximum of 1 for the subject property.
Applicable ReQUlations
Variance Criteria
7. Literal en~orcesnent of the ordinance will cause undue hardshib.
signage is an important aspect of nearly all commercial businesses. The City must balance the
needs of an individual business with the needs of businesses in the immediate area, as excessive
signage leads a perception of clutter, may be confusing, and detracts from the image of the
community. The ordinance establishes clear sign regulations that provide several options fox
signage for each business. No hardship on the subject property has been demonstrated.
S:\PLANNING ivLt1IN\Case Files\Variance\V 08-06 Scott Powell\BOA staff report Powell 6-10-08.doc
Case File: V 08-06
Page 3
Elk River Ford
Area Identification sign variance
2. The hardshit~ is caused by sbecial conditions and circumstances, which are peculiar to the ~ro~erty and the
structure involved and which are not characteristic o~ or cr~licable to, other lands or structure in the same area.
The property has accesses off of 1715E and 173rd. These two entrances are not visible to each
other. Based on through streets, and traffic signals, the primary access is off 1715L. The
applicant has not demonstrated sufficient hardship necessary to support an additional sign for
the property.
3. The s,~ecial conditions and circumstances are not a consequence of the t~etitioner's oavn action or inaction.
There is no special conditions identified that suggest a variance is warranted.
4. The literal ai~l~lication of the 1~rovisions of this ordinance would derive the ~ietitioner o~ rights en~oyed by other
t~roi~erties in the same district under the terms of this ordinance.
The literal application of the ordinance allows an area identification sign. The area, not defined
by the ordinance, is identified by the applicant as this lot. The property has received a variance
for an additional (Message) sign. All variances, approved or denied, establish precedent in the
application of the City's ordinances. Should the Council or Board of Adjustments feel the
signage proposed is consistent with the City's image goals, it is suggested that an ordinance
amendment be pursued.
5. The variance will not be injurious to or adversel~a~fect the health, sa~ety or zve~are o~ the residents o the city or
the neighborhood where the 1~rot~erty is located and will be in keeinr with spirit and intent ~f the ordinance.
As the signs are not visible from a single vantage point, it has not been demonstrated that the
signage will be injurious or adversely affect the health, safety, or welfare of the residents of the
City.
Analysis
As noted in the review of the variance criteria, the required criteria necessary for safely approving a
variance do not appear to be satisfied; however, it is acknowledged that the sign itself will not likely
negatively impact the property, neighborhood, or the City.
S:\PLANNING MAIN\Case Files\Varice\V 08-06 Scott Powell\BOA staff report Powell 6-10-08.doc
Case File: V 08-06
Page 4
Elk River Ford
Area Identification sign variance
Should the variance be approved, staff has some concern with the existing signs, and with the
proposed location of the signs. As part of the review of the variance to permit the electronic
changeable message sign, it was noted that the Ford Truck sign would be removed, it has not yet
been removed. It is suggested that should the Board or Council approve the variance, a condition
be added to require the removal prior to the release of a building permit. The signs are proposed to
be located 10 feet back from the right of way line, and about 1 - 3 feet back of the curb delineating
the entrance drives. The right of way setback appears appropriate, and consistent with regulations
for other signs. While the ordinance doesn't clearly identify setback requirements, it is
recommended that the Board of Adjustments or City Council establish minimum setback
requirements:
Vision clearance triangle must be maintained
Front (Right-of--way): 10 feet
Side: 5 feet
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\Varance\V 08-06 Scott Powell\BOA staff report Powell 6-10-08.doc
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