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Case File:V 12-02 Cornerstone Sign Variance Page 2 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 freestanding signs, although not all of the signs meet the separation requirement. These signs are legal, non-conforming. In November 2009,a variance for an additional wall sign was approved, for Mahindra. That variance has expired as the sign has not been constructed within the required two years. (Section 30-365). APPLICABLE REGULATIONS Variance Criteria This application is the third application reviewed by the Board of Adjustments after the City amended its ordinance to reflect changes made by the state legislature in 2011. While these changes lessen the standard necessary to grant a variance, the burden now shifts to the petitioner to prove practical difficulties (items 3-5 below). A variance may be granted by the Board only if it fords that: 1) The variance is in harmony with the general purpose and intent of the ordinance. • 2) The variance is consistent with the City of Elk River Comprehensive Plan. •Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; 4) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction;and 5) The variance,if granted,will not alter the essential character of the locality. (d) Economic considerations alone do not constitute practical difficulties. Practical difficulties include,but are not limited to,inadequate access to direct sunlight for solar energy systems. 1. The variance as requested is not in harmony with the general purpose and intent of the ordinance, which is to coordinate the type, placement, and physical dimensions of the signs....",while "recognizing commercial communication requirements" and"encourage[ing] the innovative use of design..." The sign regulation establishes limits as to number and size of signage. This proposal increases by more than 5 times the number of wall signs allowed,and increases by more than double the permissible amount of signage square feet. If the Board feels that the amount of signage is appropriate, to more prudent response would be to • initiate an ordinance amendment to address the issue. N:\Departments\Community Development\Planning\Case Files\Variance\V 12-02 Cornerstone Auto\Request for Action.docx