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II(''' .., City of Elk -....- �--� Resolution 16 - 70 \ .... River A Resolution Regarding the Denial of the Variance Applications Submitted by Vanman Architects and Builders to Allow a Second Freestanding Sign at 13913 1 85th Ave NW and a Fity-Five and Half Foot Variance to the Maximum Sign Height WHEREAS, Vanman Architects and Buildings, on behalf of Gateway Church, ("Applicant"), has applied ("Applications") for variances allowing a second freestanding sign and a 55.5 foot sign height variance (Case No.V 16-10);and WHEREAS, the record in this matter shall include all of the materials submitted to the Board of Adjustments and City Council in connection with the August 29, 2016,Variance Applications,including the staff reports and all attachments thereto, all other written materials submitted to the Board of Adjustments and City Council, and all staff presentations and other testimony taken at the public meetings considering the Variances, all of which is incorporated and made a part of the findings of fact and this resolution;and WHEREAS, the Board of Adjustments held a public hearing on September 27, 2016, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Variance Applications;and WHEREAS, the Board of Adjustments denied the Variance Applications, resulting in an automatic appeal to the City Council;and WHEREAS, the City Council held a public hearing on October 17, 2016, to receive testimony and evidence from city staff, the Applicant and any other persons regarding whether the Applications should be approved;and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the Board of Adjustments and City Council;and WHEREAS, the City Council, at the conclusion of its October 17,2016,public hearing on the Applicant's Applications, directed that a resolution of denial of the Applications be prepared for City Council consideration. NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Applications by Vanman Architects and Builders on behalf of Gateway Church for Variances to allow a second freestanding sign and a 55.5 foot maximum height increase.