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Board of Adjustments Minutes Page 4 September 27,2016 H Jack Holmes, 830 Fawn Rd. Elk River, representing Vanman/Gateway Church—May 20 told by Ms. Simon, according to City Land Use Regulations, 30-852, Item B,religious symbols are not defined as a sign. Based on that information, they went ahead to develop architectural and structural drawings,which were submitted to the building department for approval. He stated they were informed the application had been sent back to Planning. On August 22,2016, they were told that they would need to apply for a variance,which was submitted on August 29, 2016. He stated his question was at what point does a cross not become a religious symbol. He stated that is the structure proposed is not a sign, as there is nothing on it other than the cross. He stated he has completed six church projects in the City of Elk River over the years, and questioned why this cross is different than others they installed at other churches, for example, Central Lutheran has a lighted cross,and St. Andrew's has a lighted sign,which is much taller than this one. He asked why this is considered a sign and not a religious symbol. Chair Johnson stated that the symbol is not the issue,but rather,the height of the structure. Chair Johnson asked if the other crosses were freestanding. Mr. Holmes stated no, they are attached to the church. Mr. Holmes asked if the cross would be allowed if it were attached to the church. Chair Johnson asked staff if the cross were attached to the building,would it be allowed. Mr. Carlton stated the ordinance prohibits roof signs. He explained that if the cross were attached to the wall and did not exceed the height of the roof,it would be permitted. Mr. Holmes stated they could attach the structure to the building. Mr. Carlton stated that the height limit would still be a maximum of 40 feet. Chair Johnson stated they would still need a variance. Mr. Holmes stated that he feels they were given wrong information which sent them in a wrong direction, and asked if there is a different direction that the applicant could have gone,instead of the Board of Adjustments just denying it. Chair Johnson stated that the sign could be resized to meet the ordinance. Chair Johnson stated there are two issues;an additional freestanding sign,regardless of what is on it,and the height. Mr. Holmes stated that according to the ordinance it is not a sign,it is a religious symbol,and when would a religious symbol become a sign. Chair Johnson stated yes,he feels it is a sign. Commissioner Larson-Vito asked if there is a clear definition of religious symbol in the ordinance. Ms. Simon noted that the ordinance states the city cannot regulate the copy or message,or religious symbols. She stated that they are not looking at the content,which is not regulated by staff for any signs throughout the city,but the structure as a whole. There being no further public comment, Chair Johnson closed the public hearing. The Board of Adjustments reviewed the five criteria for the driveway width variance request as follows: 1. Is in harmony with the general purpose and intent of the ordinance. Motion by Commissioner Feinstein and seconded by Commissioner Larson- Vito that the request does not meet Criteria#1. Motion carried 5-0.