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Board of Adjustments Minutes Page 4 <br />September 27, 2016 <br /> <br />----------------------------- <br />Jack Holmes, 830 Fawn Rd. Elk River, representing Vanman/Gateway Church Ï May 20 <br />told by Ms. Simon, according to City Land Use Regulations, 30-852, Item B, religious <br />symbols are not defined as a sign. Based on that information, t <br />architectural and structural drawings, which were submitted to the building department for <br />approval. He stated they were informed the application had been sent back to Planning. On <br />August 22, 2016, they were told that they would need to apply for a variance, which was <br />submitted on August 29, 2016. He stated his question was at what point does a cross not <br />become a religious symbol. He stated that is the structure prop <br />nothing on it other than the cross. He stated he has completed <br />City of Elk River over the years, and questioned why this cross is different than others they <br />installed at other churches, for example, Central Lutheran has a lighted cross, and St. <br />AndrewÔs has a lighted sign, which is much taller than this one. <br />considered a sign and not a religious symbol. <br /> <br />Chair Johnson stated that the symbol is not the issue, but rather, the height of the structure. <br />Chair Johnson asked if the other crosses were freestanding. Mr. Holmes stated no, they are <br />attached to the church. Mr. Holmes asked if the cross would be allowed if it were attached <br />to the church. Chair Johnson asked staff if the cross were atta <br />be allowed. <br /> <br />Mr. Carlton stated the ordinance prohibits roof signs. He explained that if the cross were <br />attached to the wall and did not exceed the height of the roof, it would be permitted. Mr. <br />Holmes stated they could attach the structure to the building. Mr. Carlton stated that the <br />height limit would still be a maximum of 40 feet. Chair Johnson <br />a variance. <br /> <br />Mr. Holmes stated that he feels they were given wrong information which sent them in a <br />wrong direction, and asked if there is a different direction that the applicant could have <br />gone, instead of the Board of Adjustments just denying it. Chai <br />sign could be resized to meet the ordinance. Chair Johnson stated there are two issues; an <br />additional freestanding sign, regardless of what is on it, and the height. Mr. Holmes stated <br />that according to the ordinance it is not a sign, it is a religi <br />religious symbol become a sign. Chair Johnson stated yes, he feels it is a sign. <br /> <br />Commissioner Larson-Vito asked if there is a clear definition of religious symbol in the <br />ordinance. Ms. Simon noted that the ordinance states the city cannot regulate the copy or <br />message, or religious symbols. She stated that they are not looking at the content, which is <br />not regulated by staff for any signs throughout the city, but the structure as a whole. <br /> <br />There being no further public comment, Chair Johnson closed the public hearing. <br /> <br />The Board of Adjustments reviewed the five criteria for the driveway width variance request <br />as follows: <br /> <br />1.Is in harmony with the general purpose and intent of the ordinan <br /> <br />Motion by Commissioner Feinstein and seconded by Commissioner Larson- <br />Vito that the request does not meet Criteria #1. Motion carried <br /> <br />