4.1. BASR 06-10-2008REQUEST FOR ACTION
To Item Number
Board of Adjustments 4.1.
Agenda Section Meeting Date Prepared by
Planning Items Tune 10. 2008 Teremv Barnhart, Planning Manager
Item Description
Request by Scott Powell for Variance to Sign Requirements,
Public Hearing — Case No. V 08-06
Action Requested
Reviewed by
Jeff Gongoll, Community
Development Director
Reviewed by
Staff recommends that the Board of Adjustments deny the variance request, based on the analysis
summarized 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 171s` 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 1715` Avenue will be removed. In its place, the applicant proposes two area
identification signs; one at the entrances off of 171" and 173`d Avenues. The table below reflects the
existing and proposed freestanding signs at Elk River Ford:
Case File: V 08-06
Page 2
I31k River Ford
Area Identification sign variance
Elk River Ford
Free standing signage
Existing signage
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 nu 173,d
Total of 5 signs
Total of 6 signs
Financial Impact - None
Attachments
Location Map
Sign plan and specs
Sign location map
General Information
Applicant
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
Requested 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 Regulations
Variance Criteria
1. Literal enforcement 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 for
signage for each business. No hardship on the subject property has been demonstrated.
S:API ANNING MAIN\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 hardship is caused by special conditions and circumstances which are peculiar to the property and the
structure involved and which are not characteristic of or applicable to, other lands or structure in the same area.
The property has accesses off of 171" and 173`d. These two entrances are not visible to each
other. Based on through streets, and traffic signals, the primary access is off 171'. The
applicant has not demonstrated sufficient hardship necessary to support an additional sign for
the property.
3. The special conditions and circumstances are not a consequence of the petitioners own action or inaction.
There is no special conditions identified that suggest a variance is warranted.
4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enoyed by other
properties 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 adverseIy _,Meet the health safety or we are of the residents of the Y or
the neighborhood where the property is located and Y411 be in keeping with spirit and intent of 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\Variance\V 08-06 Scott Powell\BOA staff report Powell 6-10-08.doc
Case File: V 08-06
Page 4
Vlk 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:\PI,ANNING MAIN\Case Files\Variance\V 08-06 Scott Powell\BOA staff report Powell 6-10-08.doc
City ELt
River
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Location Map N
Case Number: V 08-06 POWELL
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Specifications
Project) Elk River Ford Monument Sign
Provide labor and material to fabricate and install (1) 8'-0" X 8'-0" X 21" double face,
illuminated monument sign. Sign cabinet and divider bars are fabricated aluminum and
finished per customer.
Faces are provided by White pan formed polycarbonate, graphics are provided by 3M
first surface translucent vinyl, standard colors. Illumination is provided by HO
fluorescent lighting system with cold weather rapid start ballasts @ 120 volts. Install sign
between brick columns provided by others, 10'-0" from grade to top of sign cabinet.
Electrical by others.
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