HomeMy WebLinkAboutItem 5 - CC Elmo Inn Variance THE CITY OF
LAKE ELMO
City of Lake Elmo Planning Department
Variance Request
To: Planning Commission
From: Nick M. Johnson, City Planner
Meeting Date: 08/26/2013
Applicant: Elmo Inn Enterprises,Inc.
Owner: Elmo Inn Enterprises, Inc.
Location: 3712 Layton Avenue North
Zoning: GB—General Business
Introductory Information
Application The City of Lake Elmo has received an application from Elmo Inn Enterprises, Inc.,
Summary: P.O. Box 182, Lake Elmo, Minnesota, for a variance to allow for a ground sign that
would exceed the height and area allowance as permitted under the City's Sign
Ordinance. The new ground sign would advertise the Lake Elmo Inn Event Center.
The applicant has provided a written statement to the City indicating the reason for the
request. In addition, the applicant narrative addresses how the proposed variance
meets the 4 required findings to grant a variance.
Property The property at 3712 Layton Avenue North is located on the southwest corner of
Information: Layton Ave. and Stillwater Blvd. (TH-5) in Lake Elmo. The attached location map
(Attachment#3) shows the location of the property.
Applicable Section 154.212 Sign Regulations
Codes: Table 5-3 Ground Signs
Table 5-3 describes the zoning districts in which ground signs may be displayed, and
the maximum height and area of the signs, as determined by the speed limit on the
adjacent roadway. For ground signs on zoning lots with more than one street frontage,
use the miles per hour on the street with the faster speed limit to determine the
maximum height and area allowed.
Variance Request;3712 Layton Ave.N.
Planning Commission Report; 8126113
Ground Signs
Aa, LDR, OP,
RE, RS, RRa, BP, C, CC, GB,
Zoning District RTa MDR, HDR LC, VMX
No. of
Total Speed
Traffic Limit Max Height/ Max Height/ Max Height/
Lanes (MPH) Area (Sq. Ft.) Area (Sq. Ft.) Area (Sq. Ft.)
1-3 0-34 6'/32 10'/32
35-44 6'/32 10'/50
45+ 6'/32 10'/72
4-5 0-34 6'/32 10'/40
35-44 6'/32 10'/64
45+ 6'/32 12'/80
Section 154.109 Variances.
(A-J)Variances. Identifies procedures and requirements for the processing and
review of a variance application. Please note that this section was recently
updated by the City to comply with revisions to Minnesota State Statutes.
Findings & General Site Overview
Site Data: Lot Size: 1.2 acres
Existing Use: Catering/Event Center
Existing Zoning: GB—General Business
Property Identification Number(PID): 13.029.21.24.0025
Application Review:
Variance As outlined in the applicant's narrative, the applicant is seeking to install a ground
Review: sign at 3712 Layton Avenue North that exceeds the heights and area allowed under
City Code. Per the requirements of the City's Sign Ordinance (§154.212), ground
signs in 35-44 mile-per-hour zones with 1-3 traffic lanes are not allowed to exceed 10
feet in height and 50 square feet in sign area. The applicant is proposing to install a
sign that is 13 feet in height and approximately 68 square feet in area. In
In discussing the proposed sign in the context of the City's Sign Ordinance with City
Staff, the applicants noted the following concerns:
• Snow Storage: The applicants have noted that there is no ditch to allow for
snow storage along Trunk Highway 5 (TH-5) in front of their property. Over
the course of the winter, snow banks are consistently created due to plowing,
Page 2
Variance Request;3712 Layton Ave.N.
Planning Commission Report; 8126113
drifts, and over accumulation. While other properties along TH-5 do have
ditches to account for snow storage, the subject property does not. The
applicants have noted that a sign that is only 10 feet in height would be
obscured during the portions of the winter when the snow banks cause a visual
obstruction.
• Travel Speeds: The applicants also noted that the average travel speeds along
TH-5 are consistently higher than the posted speed limit. The posted speed
limit on TH-5 along the downtown stretch of Lake Elmo is 40mph. The City's
Sign Ordinance accounts for sign area and height of ground signs based upon
speed limits. This method is used to site the appropriate amount of signage
per the context and character of the roadway. However, the applicant's have
stated that the travel speeds and character of the roadway do not match the
posted sign limit. They noted that if the posted speed limit was 45mph, which
they believe is closer to the actual average travel speeds,the allowed sign area
would be 72 square feet. They stated that under a 45mph roadway, the area of
the proposed sign would be allowed under the City's ordinance.
• Other Considerations: The applicants also noted other difficulties related to the
character of the TH-5 corridor. These difficulties include power/telephone
poles/lines along the road and the wide right-of-way(rural section as opposed
to urban section). The applicants stated that these other conditions of TH-5
make it difficult for passing vehicles to see pertinent signage and encourage
higher travel speeds due to the rural character of the road.
After consulting with Staff and discussing the various concerns related to TH-5 and
the specific property at 3712 Layton Ave. North, the applicants submitted a Variance
application to allow for additional sign height and area than would currently be
allowed by the Sign Ordinance.
Regarding the circumstance of limited snow storage as stated by the applicants, Staff
has conducted multiple site visits to confirm the status of the ditch in front of the
property. Photos of the site can be found in Attachment#4, including images of the
section of TH-5 in front of the subject property, as well as other areas of TH-5. To
confirm the range of size of snow banks that accumulate during a typical winter, Staff
consulted with Mike Bouthilet, the Public Works Superintendent. He confirmed that
during heavy accumulation and drifts, snow bank can get to a height in the range of 6
feet. The Public Works Superintendent's review comments can be found in
Attachment#5. In addition,representatives from MnDOT,who have jurisdictional
control of TH-5, did contact City Staff to report that they had no concerns with the
proposed Variance.
Regarding the issue of the sign area, the applicants have noted in their application that
after increasing the sign height to account for the snow banks, it is difficult to meet the
50 square foot maximum as specified in the Sign Ordinance. The applicants state that
narrowing the face of the sign makes the logo distorted and difficult to read.
Alternatively, making the logo smaller to account for the narrower sign would make it
less visible to passing traffic. In discussion with Staff, the applicants also referenced
the average traffic speeds that, in their opinion, consistently exceed the posted speed
Page 3
Variance Request;3712 Layton Ave.N.
Planning Commission Report; 8126113
limit.
Vadm" An applicant must also establish and demonstrate compliance with the variance
Regcnaa� criteria set forth in Lake Elmo City Code Section 154.109 before an exception or
modification to City Code requirements can be granted. These criteria are listed
below:
1. Practical Difficulties. A variance to the provision of this chapter may be granted
by the Board of Adjustment upon the application by the owner of the affected
property where the strict enforcement of this chapter would cause practical
difficulties because of circumstances unique to the individual property under
consideration and then only when it is demonstrated that such actions will be in
keeping with the spirit and intent of this chapter. Definition of practical
difficulties - "Practical difficulties" as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a
reasonable manner not permitted by an official control.
2. Unique Circumstances. The plight of the landowner is due to circumstances
unique to the property not created by the landowner.
3. Character of locality. The proposed variance will not alter the essential character
of the locality in which the property in question is located.
4. Adjacent properties and traffic. The proposed variance will not impair an
adequate supply of light and air to property adjacent to the property in question or
substantially increase the congestion of the public streets or substantially diminish
or impair property values within the neighborhood.
Given the information that has been submitted by the applicant and pending further
review by the Planning Commission, Staff would offer the following suggested
findings specific to the Variance that have been requested by the applicant:
1. The inability of the public to see proposed commercial signage due to
conditions along TH-S represents a practical difficulty for the applicants. The
applicants desire to increase visibility of the proposed signage given the
existing conditions of TH-S represents a reasonable use not currently
permitted by an official control. Staff determines that this criterion is met.
2. The lack of depth of the ditch in front of the subject property makes it difficult
to store snow in a manner that does not obstruct the visibility of the proposed
signage, particularly during winters of heavy accumulation. Along with the
travel speeds of TH-S, the lack of snow storage represents a unique
circumstance not created by the landowner. Staff determines that this
criterion is met.
3. The installation of the proposed sign will not alter the essential character of
the neighborhood. The proposed sign will replace the existing sign in nearly
the same location. In addition, the downtown stretch of Lake Elmo along TH-S
Page 4
Variance Request;3712 Layton Ave.N.
Planning Commission Report; 8126113
has numerous signs that are significantly higher than the proposed sign. Staff
determines that this criterion is met.
4. The proposed variance will not impair an adequate supply of light and air to
property adjacent to the property in question or substantially increase the
congestion of the public streets or substantially diminish or impair property
values within the neighborhood. Staff determines that this criterion is met.
Conclusions: Staff finds that the applicants have met the 4 necessary criteria for a Variance and
have demonstrated that the desire to install a ground sign that exceeds the height and
area allowed under the Sign Ordinance is a reasonable use of the property not
permitted by an official control. Staff has also confirmed that amount of snow
accumulation caused by a lack of depth in the ditch along TH-5 represents a unique
circumstance not caused by the property owner.
Conclusion:
Elmo Inn Enterprises, Inc., P.O. Box 182, Lake Elmo, MN, have submitted a Variance
request to allow for the installation of a ground sign that exceeds the height and area
allowances permitted by the City's Sign Ordinance, as shown in the proposed sign.
Staff Rec: Staff is recommending that the Planning Commission recommend approval of the
Variance request by Elmo Inn Enterprises, Inc., allowing a ground sign as depicted in
the Variance application that exceeds the height and area allowance of the City's Sign
Ordinance.
Approval Staff is recommending that the Planning Commission recommend approval of the
Motion proposed variance through the following motion:
Template:
"Move to recommend approval of the Variance request at 3712 Layton Ave. N. to
allow the installation of a ground sign that exceeds the height and area allowance
permitted by the City's Sign Ordinance based upon the findings outlined in the Staff
Report."
cc: John and Christine Schiltz, Elmo Inn Enterprises, Inc.
Page 5
Date Received: TF IE CITY OF 651-747-3900
Received By: LAKE E' LMO 3800 Laverne Avenue North
Permit#: Lake Elmo, MN 55042
LAND USE APPLICATION
❑ Comprehensive Plan ❑ Zoning District Amendment ❑ Zoning Text Amendment ® Variance*(see below)
❑ Conditional Use Permit(C.U.P.) ❑ Flood Plain C.U.P. ❑ Interim Use Permit(I.U.P.)
Applicant: Eb
3 7/J- Address: Jdg= G-n.a-h,,--� A7.1,- ,00
Phone#
Email Address:el�A e-61 '/fiz L<Co
Fee Owner: t:-�v ✓.-� �/�" �c`!�✓ �rl f
Address: .
Phone# -
Email Address:
Property Location(Address and Complete(long) Legal Description: SPri�
Detailed Reason for Request JL-
This permit becomes null and void if work or construction authorized is not commenced within 180 days,or if construction work is suspended or abandoned for a
period of 180 days at any time after work has commenced.I hereby certify that I have read and examined this application and know the same to be true and
cored.All provisions of the laws and ordinances governing this type of work will be complied with whether specked herein or not.The granting of a permit does
not presume to give authority to violate or cancel the provision of any other state or local law regulating construction or the performance of construction.
Signature• Date:
City Use Only
Planning:Zoning District: Minimum Setbacks Required: Front Side
Rear Road Right of Way Other
Reviewed by: Date:
Subject to the following conditions:
Building Inspections:Reviewed by: Date:
Subject to the following conditions:
Engineering: Reviewed by: Date:
Subject to the following conditions:
Public Works:Reviewed by: Date:
Subject to the following conditions:
Required Findings:
1) Practical difficulties: The limited visibility of the sign creates difficulty for
drivers because of the size of the company name,logo etc.,as well as the
insufficient lighting. It causes drivers to slow down to read the sign(or miss it
altogether)which is dangerous for other drivers,as well as those having to
turn around and come back to enter the parking lot. The new design would
make Highway 5 safer all traffic by increasing the visibility of the message.
2) Unique Circumstances: Because of the lack of ditch area all along Highway 5,
there is insufficient room for the state to pile the snow that is removed from
Highway 5 in winters that have large amounts of accumulation. The piles of
snow along the front of our property have sometimes been as high as 10 feet.
A sign that is lower to the ground would be covered by snow for months
during these winters making it impossible to see.
3) Character of the Locality: The new sign will remain in the location of the
current sign. The base of the sign is smaller in square feet on the ground and
complies with the 15 foot set back from the parking lot entrance to the west as
requested by the city.
4) Adjacent Properties and Traffic: We are replacing a sign that is an
embarrassment to the city of Lake Elmo and we feel we are setting a standard
for other future developments in our city.
5) Square Footage of Sign Face: Due to the height issue,the width of the sign
creates a larger face than allowed. However,when bringing in the sides to
create a narrow face,the logo and name/message of the sign will become so
distorted it will be difficult to read.
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Location Map: 3712 Layton Avenue North
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TI IE CITY OF
LAKE ELMO
August 21,2013
Nick Johnson
Cite Planner
3800 Laverne Ave. N.
Lake Elmo, MN 55042
RE:Variance Request—3712 Layton Avenue North
In response to your request to review the proposed Variance at 3712 Layton Ave. N., I have the
following comments:
1. By midwinter of an average season,typical wind-rowed snow banks can be as high as 4 feet.
However, due to drifting, heavy accumulations, or scenarios where plows are forced to reduce
speed due to traffic conditions,the snow banks can get up to 6 feet in height.
2. The proposed location of the sign does not impede sightlines to neighboring intersections, or
conflict with existing or proposed utilities.
Let me know if you have any further questions.
Respectfully,
Mike Bouthilet
Public Works Superintendent
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
TI II: CITY 01'
LAKE ELMO
Draft Planning Commission Minutes, 8-26-13
Excerpt from Public Hearing Item 4c
Public Hearing: Variance—3712 Layton Ave N
Johnson began his presentation by explaining that a Variance application was received from
Elmo Inn Enterprises, Inc. for a Variance at 3712 Layton Ave N to allow for a ground sign that
would exceed the height and area allowance as permitted under the City's Sign Ordinance. The
proposed sign would advertise the Lake Elmo Inn Event Center. Staff reviewed the 4 required
criteria for granting a Variance and found them to be met.
Public hearing opened at 8:19pm.
John Schiltz, Lake Elmo Inn, noted that he selected the monument sign to be consistent with
the Theming Study as presented by Damon Farber and Associates. He added that he hopes the
sign will set the bar high for any signage that follows. He also discussed the travel speeds of
oncoming vehicles making it difficult to see the signage. He thinks the signage will make the
community proud and set a good precedent.
No written comment was received.
Public hearing closed at 8:2Spm.
Dorschner noted that he has been stopped previously by strangers looking for the event center.
In addition, he noted that the snow banks do get extremely high in the winter. He stated that
he supports the variance request.
Dodson suggested that if future variances are brought forward related to signage, the signage
should be consistent with the Damon Farber Theming Study.
Williams asked about the size of the existing signage for the Lake Elmo Event Center. John and
Christine Schiltz noted that the sign is a 4 x 8 plywood sign. Williams noted that he is
comfortable granting the height variance, but not comfortable with the sign area variance.
M/S/P: Dorschner/Dodson, move to recommend approval of the Variance request at 3712
Layton Ave N to allow the installation of a ground sign that exceeds the height and area
allowance permitted by the City's Sign Ordinance based upon the findings outlined in the Staff
Report: Vote: 6-1, Motion Carried with Williams voting no.
M/S/P: amend the original motion to add a condition that the sign meet the Damon Farber
Theming Guidelines, Vote 7-0: Motion Carried Unanimously.