Development Business - Sheila Sellman, City Planner
Title
Title
Denying a Ten-foot Variance from the 65-foot Height Limit for a Billboard, with a Conditional Use Permit, to Allow a Billboard with a Total Height of 75 Feet at 4202 Pheasant Ridge Drive NE. Outfront Media (Case File No. 23-0006/EES)
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Executive Summary
The applicant is requesting a variance to allow a billboard to be 75 feet in height to be visible over the Lexington Avenue bridge. Staff and the Planning Commission recommend denial due to the proximity to a high finish retail center, the variance being for economic reasons, and the proximity to the bridge is not a unique circumstance as it is contemplated by the code.
Schedule of Actions
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Planning Commission (Public Hearing) |
02/14/23 |
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City Council (Variance) |
03/06/23 |
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Action Deadline |
03/28/23 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist and Teresa Barnes, Project Engineer
Zoning
The property is zoned PBD - Planned Business District.
Surrounding Zoning and uses
The property is west of Taco Bell and Arby’s - both zoned PBD. The Pheasant Ridge Business Park (zoned PBD) is located across Lexington Avenue and the Village of Blaine shopping center, zoned DF (Development Flex) is located on the north side of Pheasant Ridge Drive.
Comprehensive Land Use
The property is guided PI/PC (Planned Industrial/Planned Commercial).
Existing Conditions
The property is occupied by a Walgreens store.
History
The subject property was platted in 2003. A conditional use permit was approved under case file 03-04 for Walgreens.
Evaluation of Request
Code Requirement
Billboards up to 50 feet are allowed without any city council approval on properties with commercial and industrial zoning designations adjacent to 35W and Highway 10, subject to design requirements. Billboards may be up to 65 feet in height with a Conditional Use Permit (CUP) when needed for to be seen over MnDOT sound walls or bridges.
The applicant is requesting a 75-foot-tall billboard to allow it to be seen by northbound traffic on 35W over the Lexington Avenue bridge. The applicant is requesting the necessary CUP for a billboard up to 65 feet and a variance to allow an additional ten feet of height.
Site Plan
A 75-foot-tall dynamic display billboard is proposed on the southeast corner of the property. The following standards apply to billboard locations:
(1) The minimum lineal distance between billboards on the same side of the highway shall be five hundred fifty (550) feet. There are no billboards within 550 feet of the subject property in either direction on the west side of the freeway. The applicant has provided a map showing the locations of the nearest billboards.
(2) The minimum setback from any property line shall be twenty (20) feet. The proposed billboard is located 20 feet from the east and south property lines, approximately 200 feet from the western property line and approximately 300 feet from the northern property line.
(3) The minimum setback at any intersection shall be one hundred (100) feet. The proposed billboard is over 400 feet from the nearest intersection.
(4) No billboard or structure shall be located within one hundred (100) feet of a residential district. The nearest residential district is 1,600 feet away.
Landscaping and Tree Preservation
The site meets landscaping requirements. If any removal of required landscaping is proposed for the construction of the billboard, replacement of the trees/shrubs will be required as a condition of the building permit.
Grading/Storm Drainage
The installation of the support for the proposed billboard will not require any major site grading or any storm drainage requirements.
Wetlands/Watershed
The installation of the support for the proposed billboard will not impact any wetland or watershed area.
Access/Street Design
The installation of the support for the proposed billboard will not require any additional access or any street design.
Easements/Right-of-way/Permits
The installation of the support for the proposed billboard will not affect any existing easements and is not located within any right-of-way. The installation of the billboard may require a permit be issued for encroachment into the easements along I-35.
Variance Request
(a) Criteria for granting. A variance to the provision of the zoning ordinance may be issued by the City Council to provide relief to the landowner in those cases where the ordinance imposes practical difficulty on the property owner in the use of his land. No use variances may be issued.
(1) Variances shall only be permitted:
(a) When they are in harmony with the general purposes and intent of the ordinance The purposes of the code are listed in 23.01 of the zoning ordinance. One purpose is “Conserving the natural, scenic beauty, and attractiveness of Blaine.” A billboard that is 75-feet tall has a greater impact on the beauty and attractiveness of the City. When the Council considered billboard heights in 2010, they determined that 65 feet was the maximum flexibility to the height limit to address sound walls and bridges while balancing the attractiveness of the City.
(b) When the variances are consistent with the comprehensive plan. The requested variance is consistent with the Comprehensive Plan.
(2) Variances may be granted when the applicant for the variances establishes that there are practical difficulties in complying with the zoning. Practical difficulties, as used in connection with the granting of a variance, means that:
(a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; A 75-foot-tall billboard may or may not be seen as a reasonable use of the property. Billboards are not intended to be located on all properties within the City, as evidenced by the requirement that billboards be at least 550 feet from one another. There is no expectation that all commercial and industrial properties are suitable for the placement of billboards. The property is already being utilized as a Walgreens store.
(b) The plight of the landowner is due to circumstances unique to the property not created by the landowner The plight of the landowner is due to the location of the Lexington Avenue bridge. While this is unique in the sense that most properties are not adjacent to bridges, this circumstance has been contemplated by the zoning code and an additional fifteen feet of height is permitted with a conditional use permit as relief for this condition. The applicant contends that the relief offered by the zoning code is not sufficient for the relative location of the billboard and bridge.
(c) The variance, if granted will not alter the essential character of the locality. The property is located within a Class A shopping center. A 75-foot-tall billboard may be seen as altering the essential character of the shopping center.
(d) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The applicant did not provide a response to the economic considerations criterion. The billboard in the location proposed could be seen fully by southbound traffic and with the requested CUP could be seen partially by northbound traffic. The improved visibility from northbound traffic makes the billboard more profitable.
(e) The variance requested is the minimum variance which would alleviate the unique circumstances. The applicant has provided sightline analysis to demonstrate that the requested variance is the minimum necessary to allow the billboard to be fully seen at the distance used in the analysis, approximately 2000 feet. A billboard that is 65 feet tall would be fully visible over the bridge at approximately 3000 feet.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The increase in height of the billboard (65 feet) would not create an excessive burden on parks, schools, or other facilities and utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. A 65-foot-tall billboard, including masonry on the support structure is compatible with adjoining properties.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The billboard is proposed to meet the design requirements for billboards, including the concealment of sign supports with stone.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. A 65-foot-tall billboard is generally consistent with the purpose of the zoning district and zoning code.
6. The use shall not be in conflict with the comprehensive plan of the City. The additional height of the billboard (65 feet) is consistent with the comprehensive plan.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads, and necessary drainage facilities to service the proposed development.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted 5-1 to recommend denial of the conditional use permit and variance (Swanson voting in the minority). There were no comments at the public hearing.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the city website.
Staff Recommendation
Staff recommends denial of the variance.
Attachment List
Zoning and Location Map
Site Location
Site Plan
Renderings
Architectural Plan
Variance Analysis
Sight Line Study
Resolution of Approval (CUP)
Unapproved Planning Commission Meeting Minutes 2/14/23
Body
WHEREAS, an application has been filed by Outfront Media as Case File No. 23-0006 for a variance for a 75-foot-tall billboard; and
WHEREAS, said case involves the land described as follows:
Lot 1, Block 1 PHEASANT RIDGE VILLAGE 2ND ADDITION
WHEREAS, a public hearing has been held by the Blaine Planning Commission on February 14, 2023 and the Planning Commission recommends denial; and
WHEREAS, the Blaine City Council has reviewed said case on March 6, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a variance is hereby denied per Section 34.08(c)(2) and 27.06 of the Zoning Ordinance to deny a 10-foot height variance for a 75-foot-tall billboard with the following findings:
1. The location of the proposed billboard in relation to the bridge is not a unique circumstance because the code contemplates the potential for bridges and soundwalls to impede the visibility of billboards, and identified a maximum height of 65 feet as the maximum appropriate form of relief for that circumstance.
2. The requested variance serves to make the billboard more profitable by improving visibility, which is an economic consideration. Economic considerations do not constitute practical difficulties.
3. The subject property is located within a high finish shopping center and a 75-foot-tall billboard would alter that essential character.
4. The requested variance is not consistent with the purpose of the zoning code to conserve the natural, scenic beauty, and attractiveness of Blaine (23.01(f)).
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.