3.5. SR 07-07-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.5.
Agenda Section Meeting Date Prepared by
Consent ul 7, 2008 exem Barnhart, Plannin Mana er
Item Description Reviewed by
Resolution Approving Variance Request by Scott Powell, Case Jeff Gongoll, Community
No. V 08-06 (Appeal), and Establishing Findings of Fact Develo ment Director
Therefore Reviewed by
Action Requested
Adopt attached resolution approving the variance request by Scott Powell, Case No. V 08-06 and
establishing findings of fact therefore.
Summary
The City Council, at their meeting on June 16, 2008, approved a variance allowing a second area
identification sign for Elk River Ford. At that meeting, reasons were given to be included in a Findings
of Fact. Based on these, the findings are attached for formal Council approval via a resolution, also
attached.
Attachments
^ Resolution
Action Motion by Second by Vote
Follow Up
RESOLUTION 08-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING VARIANCE REQUEST BY SCOTT
POWELL, CASE NO. V 08-06 AND ESTABLISHING FINDINGS OF FACT
THEREFORE
WHEREAS, Application was made on Apri121, 2008 by Scott Powell for a variance from
Section 30-1024, pursuant to section 30-633, Appeals, for property legally described as the
North 390.64 feet of the South 570.89 feet of the West 446.04 feet of the Northeast Quarter
of the Northwest Quarter Section 11, Township 32, Range 26, Sherburne County, and
WHEREAS, The City Council received the application through automatic appeal; and
WHEREAS, The City Council conducted a public hearing on the Application, after proper
publication and due notice thereof as required by ordinance and statute, on June 16, 2008,
and
WHEREAS, Following completion of the public hearing, the City Council made the
findings of fact as outlined in Exhibit A with respect to the application.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River, based on the findings of fact set forth attached, hereby approves the application for
variance.
Passed and adopted this 7`'' day of July 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\PLANNING MAIN\Case Files\Vaxiance\V 08-06 Scott Powell\Resolution to approve FoF.doc
EXHIBIT A
CASE NO V 08-06 FINDINGS OF FACT
JUNE 16, 2008
Because all conditions necessary to grant a variance, as outlined in Section 30-635 (b), were
addressed, the City Council approved the appeal of variance Case No V 08-06, denied by the
Board of Adjustment:
1. The hardship is due to the campus setting of the business.
2. The site is unique due to its configuration and size; which could not be applied to other
businesses. The two signs requested would not be located on a major street.
3. No changes to the ordinance have been made that would give the applicant a false
understanding of the regulations.
4. The property is large, access is greatly separated, and is controlled by one owner, atypical of
other properties in the district.
5. The signage as proposed reduces traffic confusion and if not permitted, would increase
injury potential. The request, if granted, would not adversely impact other properties in the
vicinity.
S:\PLANNING MAIN\Case Files\Variance\V 08-06 Scott Powell\Area ID Findings of Fact.doc