3. BASR 11-13-2012 - Laserfiche WebLink

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•Elk REQUEST FOR ACTION River To ITEM NUMBER Board of Adjustments 3. AGENDA SECTION MEETING DATE PREPARED BY November 13, 2012 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Consider Request by Cornerstone Auto Resource (Scott Powell) for Variance to City of Elk River Land Use Regulations, Section REVIEWED BY 30-870—C3 Highway Commercial District- Signs,Public Hearing—Case No. V 12-02 ACTION REQUESTED Staff recommends denial of the variance application as the petitioner has failed to satisfy the practical difficulties standard imposed by the state legislature. Applicant Cornerstone Auto Resource Address 17219 Highway 10 60 Day Rule The City must take action by November 25, 2012 IIOVERVIEW Cornerstone Auto Resource is requesting a variance from the sign requirements. The ordinance allows two wall signs, not to exceed 200 square feet per occupancy. Cornerstone is proposing a total of 11 wall signs totaling 506 sq. ft. for the 7 different brands offered and for the business umbrella (Cornerstone). Their proposal is outlined on page 3 of their memo dated October 31, 2012, and is summarized here: Ford (two badges, name plate) 108 sq. ft. Chrysler badges (Chrysler,Jeep, Dodge and Ram&name plate) 262 sq. ft. Kia badge and name plate 70 sq. ft. Mahindra badge 66 sq. ft. Cornerstone is arguing that their business (a car dealership) is composed of multiple occupancies, including occupancies for Chrysler, Ford, Kia, and Mahindra. The zoning ordinance defines occupancy as "the portion of a building or premises owned, leased, rented, or otherwise occupied for a given use." Emphasis added. BACKGROUND/PRECEDENT In April, 2006, the property owner received a variance approval,permitting an additional freestanding sign along Highway 10. (At the time, two are permitted by right,per ordinance.) IIIIn July, 2008, the applicant received variance approval to construct a second area ID sign.