STAFF REPORT. Location Existing Land Use Comprehensive Plan Current Zoning

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1 STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT 230 W. Hickman Road Waukee, IA TO: Board of Adjustment PREPARED BY: Ben Landhauser RE: 400 Prairie Bluff Drive DATE: August 29, 2012 GENERAL INFORMATION: Applicant: Kum & Go, LC. Requested Action(s) Location and Size: Variance from Code Sections 305.8(I2) which states that an interstate sign may not be larger than one hundered twenty (120) square feet. The applicant requests an interstate sign approximately four hundred fifty four (454) square feet in size. The applicant has applied for a variance from 305.8(I3) which states that an interstate sign may not be taller than thirty (30) feet above grade. The applicant requests to install an interstate sign one hundred ten (110) feet above grade. 400 SE Prairie Bluff Drive is generally located in the northeast corner of the Interstate 80 and Ute Avenue interchange intersection, containing approximately 3 acres. Land Uses and Zoning: Location Existing Land Use Comprehensive Plan Current Zoning Property in Question 400 Prairie Bluff Drive Neighborhood Village C-1 North South 3260 Ute Avenue: Victory Glass Interstate 80 / Dallas County / TPI Plumbing East Vacant undeveloped / Agricultural West 3277 Ute Avenue: West Central Auto Auction Neighborhood Village A-1 N/A: Property is not in Waukee Corporate Limits N/A Neighborhood Village A-1 Neighborhood Village / Rural Residential C-1 BACKGROUND: The request was previously considered by the Board at the August 29, 2012 meeting and was tabled to enable the applicant to provide additional information related to the request for the Board s consideration. The applicant has futher applied for a variance to erect an interstate sign approximately four hundred fifty four (454) square feet in size. The applicant has applied for a variance to place an interstate sign on the property one hundred ten (110) feet above grade. Additional graphics have been provided by the applicant and attached to this report for your

2 consideration which identify the intended appearance and scale of the proposed interstate sign from several different locations surrounding the site. ZONING CODE SECTIONS RELATED TO THE REQUESTED VARIANCES: SIGNS PERMITTED BY ZONING DISTRICT: I. Interstate Corridor Signs. In addition to monument signs as permitted under this ordinance, one interstate monument sign shall be allowed on lots or tracts under single ownership, management or control that have frontage abutting the interstate right of way provided the following conditions are met: 2. Size of sign: The total area of a sign shall be actual square footage of one sign face. Dual faced signs may be permitted with the maximum square footage permitted on each side. The maximum size of an interstate/freeway sign shall not exceed one hundred and twenty (120) square feet. 3. The maximum height of an interstate/freeway sign shall not exceed thirty (30) feet above interstate/road grade with the minimum height set at fifteen (15) feet. Refer to monument sign regulations if the sign height falls under the minimum height stated above. The minimum brick or stone allotment for the base of the sign shall equal or exceed forty (40) percent of the width of the sign with the minimum base width of three (3) feet. 2 of 5

3 ABOVE: Aerial Photo of Property with Surrounding Properties. Kum & Go store is indentified in RED. ANALYSIS: Variances are designed to grant relief from the Ordinance, which if strictly imposed would deny a property owner reasonable use of the land and would therefore create undo hardship. An Applicant is required to prove that a hardship exists by demonstrating that the overall integrity of the area will not be diminished, a reasonable use cannot be made, the situation is unique, and the hardship is not self-imposed. Kum & Go, LC, the applicant, has submitted the attached Board of Adjustment application forms dated August 6, 2012 and August 15, 2012 stating arguments in favor of the requested variances. Notice of the proposed variance request was mailed to surrounding property owners within a 200-foot radius on Friday, August 17, At this time several letters from property owners in the Painted Woods subdivision have been received and are attached to the packet of information related to this agenda item. Hardship In order to prove that a hardship exists and is not self-imposed, the applicant must prove that a literal interpretation of the provisions of the Ordinance deprive the applicant s rights commonly enjoyed by other properties in the same district. The applicant has noted that the dense trees within the right of way for the interchange severely limit visibility to an interstate sign without extending the sign above the trees. Uniqueness In order to prove that the requested variance is unique to the property, the applicant must indicate proof of special 3 of 5

4 conditions and circumstances that exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings. The applicant has indicated that all of the variance requests relate specifically to the location of the property being adjacent to the interstate. Public Interest and Integrity The applicant has stated that they do not believe the granting of the variance will infer upon them any special treatment or have an adverse impact on the surrounding properties. Other Available Options The applicant has stated that they do not feel they have any other reasonable options that would provide the appropriate branding of their store with appropriate visibility to the interstate. Staff Recommendation Generally speaking, staff would always be in the position of recommending against variance requests because the request does not meet the requirements of the Zoning Ordinance of which staff is obligated to carry out. Because of that, staff will not make a recommendation on the requested variance and will leave the decision to the Board of Adjustment based upon the merits and criteria of the requested variances. If there is information related to the applications that has not been included with the packet that you feel would be beneficial to have available to you at the meeting, please contact me with those items and I will attempt to arrange for their availability. PROPOSED MOTION(s) AGENDA ITEMS 6 Approve the Variance from Section (I2) for 400 Prairie Bluff Drive to allow for an interstate sign to be installed on the property a minimum distance of 15 feet from all property lines at a total size of the copy area not to exceed 454 square feet. Approve the Variance from Section (I3) for 400 Prairie Bluff Drive to allow for an interstate sign to the installed on the property a minimum distance of 15 feet from all property lines at a total height not to exceed 110 feet above grade. (NOTE: the wording of the proposed motions is simply to reflect the requested variances and should not be viewed as a recommendation to approve or deny the requested variances.) CITY OF WAUKEE Ben Landhauser City Planner Attachments I. Completed Board of Adjustment Application related to Interstate Signage Dated 8/6/12 II. Proposed Interstate Sign Design III. Site Plan IV. Graphical Renderings indicating the intended scale of proposed signage 4 of 5

5 V. Public Notice VI. Correspondense received from property owners in the Painted Woods subdivision 5 of 5