4.2. BA AGENDA 11-10-2009~/
City of
Elk .~.-_. REQUEST FOR ACTION
River
To
Board of Adjustments Item Number
4.2,
Agenda Section Meeting Date Prepared by
Plannin Items November 10, 2009 Jeremy Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Scott Powell for Variance to Sign Requirements,
bli
Pu
c Hearing -Case No. V 09-07 Reviewed by
Action Requested
Staff recommends that the Board of Adjustments deny the variance because of the following
findings:
1. Undue hardship is not demonstrated.
2. The subject property is not unique above and beyond other lots that gain the advantage
of additional signage based on the new provisions of Sec 30-870.
3. The lot is allowed 4 freestanding signs on Highway 10. The applicant has chosen one of
those signs to display a message not dedicated to its 4 main product lines.
4. The variance adds additional signs that are inconsistent with the provision and goals of
the zoning ordinance, an ordinance designed to protect the health, safety and welfare of
the residents of the city. Additionally, the variance appears to be inconsistent with the
spirit and intent of the ordinance
Should the Board of Adjustment or City Council deem it appropriate to approve the variance,
staff would recommend that be subject to the recording of the plat of Jabez.
Background/Discussion
The applicant seeks variance approval that would permit two additional freestanding signs along Highway
10. The property currently includes 3 freestanding signs.
signage for the property is summarized below, and shown on the attached exhibit:
Along Highway 10:
Sign # 1
Sign # 2
Sign # 3
Sign # 4
Sign # 5
130 sq. ft. Ford sign
200 sq. ft. electronic reader board (variance received)
92.5 sq. ft. Kia sign (proposed)
128 sq. ft. Mahindra sign
150 sq. ft. Chrysler sign
Case File: A' O)-U7
Page 2
Other signs:
Sign # 1
Sign #2
Area ID sign at 171` Avenue Carwash/ Elk River Board sign
Area ID signs at 173"~ Avenue
F;lk 12iver Ford
Arca Identification sign variance
With the exception of the electronic reader board sign, all signs are less than the maximum size and
height.
In April, 2006, the property owner received variance approval, permitting an additional freestanding sign
along Highway 10. (At the time, two are permitted by right, per the ordinance.)
In July, 2008, the applicant received variance approval to construct a second area ID sign.
In July, 2009 the Council approved an ordinance amendment, which in part, was crafted to provide
additional signage opportunities for businesses configured like Elk River Ford. This ordinance allows 1
freestanding sign per 300 feet of frontage along a single street. The ordinance also requires a minimum
150 foot separation between freestanding signs.
Based on the applicant's frontage of all lots of 1,208 feet, they would be permitted 4 free freestanding
signs. In addition to a variance fora 5`" sign, a variance is necessary because many of the signs are too
close together, lacking the necessary 150-foot separation.
Part of the challenge of this variance request is that the variance is reviewed based on all parcels being
combined. If all parcels were combined (as illustrated in the Council-approved but unrecorded plat of
Jabez), the business would have the required frontage.
Financial Impact -None
Attachments
• Location Map
• Applicants narrative
• Sign location map
General Information
Applicant Scott Powell
60 Day Rule The application has been deemed complete as of October 26,
2009. The Citv must take action by December 28
2009.
Requested Action ,
Variance from the
Location and Size 17219 Highway 10
S:APLANNING MAIN\Case Files\~'ariance\~' 09-U7 Lik River Nord\BOA staff report 17-1U-0<).doc
Case file: V 09-07 r?lk ltivcr l=ord
Page 3 Area Identification s.~ variance
Applicable Regulations
Variance Criteria
7. 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. Literal enforcement of the ordinance would allow 4 signs total. The
The applicant has to prove that the 5`'' sign is a hardship. The 4 signs permitted could advertise
Ford, Chrysler, Kia, Mahindra. The applicant chooses the use of one of their signs for
changeable copy. Hardship based on literal reading of the ordinance is not strictly
demonstrated.
2. The hardrhih is cazrsed by sbeclal conditions and circumstances which are beculiar to the ~r_o_~erty and the
structure anvolved and which are not characteristic o or a~t~licable to other lands or structure in the ,came area
The property is unique in that there are few large parcels within the community with long
frontages on Highway 10, and Highway 169. In response, the City- drafted an ordinance
designed to give these properties special consideration. The subject property% is not more unique
than the other businesses with the same considerations.
3. "lhe .rbecial conditions and circumstances are not a consequence of the~etitioner's oavn action or inaction
Signs #1, 2, and 5 are existing signs. It is impossible to fit 2 more signs between sign #2 and
sign #5 while preser~-ing the setback requirement. Sign #2 was installed prior to the separation
requirement. If given the opportunity, it it likely that the 150 foot separation would have been
maintained.
4. The literal abt~lication of the brovisions of this ordinance would derive the 1~etitioner o, f rights enZoa ed b other
t~ro~ertie.r an the same dzstnct under- the terms o~this ordinance
No other lots in the immediate area have the necessary frontage for multiple freestanding
signage. Throughout the City, similar businesses have less freestanding signage. If approved,
this business would have the most freestanding signage in the City.
5. The variance avill not be iniurious to or adversely affect the health safety or sve~are o~the residents of the city or
the nernhborhood where the bro~erty i r located and will be in keeling with rbirit and intent of the ordinance
The purpose behind sign regulations is that in the absence of sign regulations, the ability of
signage to inform the public is lessened as each sign competes with another. A good example
may be found in the large changeable copy sign on the subject site (with its animated copy,
brighter lighting, and larger size) overshadows the other signage on the property. This
competition can confuse traffic. The concern with a proliferation of signage is the question,
when is enough?
S:APLANNING M:11N\Case Files\Variance\V U9-07 F,lk River Foxd\BOA staff report ll-1U-U9.doc
Case Filc: V U9-117
Page 4
Analysis
1 ilk Itivc-r 1 ~ord
Area Identification sign ~-ariance
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.
Action ;Motion by Second by Vote
FOllow Up
S:AP1,ANNING MAIN\Case Files\Variancc\F 09-07 F;11; Riper Ford\ROA staffrcport 11-1U-09.doc
WH T0~6£~Oi 6002/8Z/OT '6rnp~deW uoi~e~o~~p~oj aanib ~I~3 LO-60 A\a~ueiae~~sa~i~ ase~~gNINNdId\~S
EL R R
"THE LAST OF THE LITTLE GUYS"
FORD • DODGE • JEEP
17219 Highway 10 N. W. • P.O. Box 304 • Elk River, MN 55330
763-441-2300 • 1-800-441-2301 • FAX 763-274-3338
MEMO r~1r~yUM
To: Planning Commission
From: Stephen Rohlf, Elk River Ford Dodge Jeep
Date: October 21, 2009
Subject: Sign Variance
Elk River Ford Dodge Jeep is proud to announce the coming of two new vehicle
franchises. One is Mahidra, which includes a diesel work pick-up capable of towing up
to 5,000 while still getting 30 MPG and a sport utility vehicle. These vehicles will be an
excellent compliment to our other products. The second is Kia, a high mileage and
affordable yet reliable vehicle.
Elk River Ford Dodge Jeep currently hse new franchise or ~ tal of five igns.rWe are
to add two more in order to acquire the
allowed four freestanding signs according the City of Elk River's Sign Ordinance;
therefore we need a variance to have the fifth sign. Adding the two new signs will also
create an encroachment on the 300 foot setback from adjacent freestanding signs, being
as close as 235 feet from other signs on our lot.
The following discussion is regarding the five freestanding signs Elk River Ford Dodge
Jeep desires (their locations are identified on the attached map}:
Sign #1 is an existing 130 sq. ft. Ford sign, 25 feet high.
Sign #2 is an existing 200 sq. ft. electronic read-a-board, 28 feet high.
Sign #3 is a new 92.5 sq. ft. Kia sign, 25 feet high (drawing attached).
Sign #4 is a new 128 sq. ft. Mahindra sign, 30 feet high (drawing attached).
Sign # 5 is an existing 150 sq. ft. Chrysler sign, 24 feet high. This sign will be revamped
with a new cabinet that will have Chrysler's most recent copy. This sign currently has
Plymouth on it, which is no longer being made. The new cabinet will be the same square
footage as the current cabinet and the height won't change.
Elk River Ford-Dodge-Jeep is an Equal Opportunity/Affirmative Action Employer
Elk River Ford Dodge Jeep will most likely be making changes to our wall signage to
accommodate the new franchises. This signage isn't as critical and we work with staff on
this issue and hopefully we will be able to stay within the limits of the Sign Ordinance.
Finding related to standards for granting a variance
Elk River Ford Dodge Jeep's property has an exceptionally large amount of Highway
frontage, making it unique compared to typical C-3 zoned property within the city.
Therefore, allowing the variance will not make the stretch of Highway 10 in question
more sign intensive then other properties in this zoning district. Further, with proper
placement, the additional signs will pose no health, safety or welfaze issues for the azea.
With such a large pazcel, the addition of two new franchises fits well. However, it will be
impossible to identify them without the signage requested. In fact, it will be impassible
to acquire these new franchises without the signage.
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