5.3. BASR 05-24-2022 - Laserfiche WebLink

Home Browse Search

Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The minimum lot-size standards provide a generalized separation between uses (improvements) and minimize impacts on adjacent parcels. The lot-size guidance for the property follows that of an R-4 (multifamily) zoning district and ranges between 4,000 SF and 10,000 SF. However, the Comprehensive Plan guides the property for Highway Business Uses, and the associated C-3 Highway Commercial zoning district requires a 1-acre minimum lot size. The C-3 district more closely aligns with the current guidance and should be used when evaluating the request. The lot size is significantly below the minimum standard, leaving very few options for a private property owner beyond supportive uses, like a sign, or combining with an adjacent lot. The variance request could be considered to be in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan. The Comprehensive Plan does not include guidance for signage but does guide this property for Highway Business uses. The most closely related zoning district allows billboards. 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; The proposed use of the property, post platting, is for a billboard/off-premises sign. The property has included a sign since the realignment of Yale Street. The existing sign is approximately 100 SF and 25 feet tall. The new billboard is unknown in total size, but a submitted survey identifies a sign that is 20 feet wide. Ordinance allows billboards of up to 400SF and 35 feet tall. Replacing the existing sign with a new, significantly larger, sign may be considered a reasonable use of the property absent any other bona-fide uses for a property of this size. This may be the highest and best use of the parcel. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The unique shape and size of the parcel is due to the city realignment of Yale Street and is not a consequence of the petitioner’s own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. A new sign three to four times larger than the current sign may alter the essential character of the locality. The parcel abuts a medial use to the south, and is across the street from two new apartment buildings on the former Saxon Motors site. A large billboard could impact sight lines to/from the apartment complex and negatively affect the residents of the building. To address these concerns staff recommends consideration of limits to the billboard size to avoid altering the essential character of the locality. Financial Impact None