Staff Report to the Board of Zoning Adjustment June 23, 2015 VAR2015-00047 I TEM #1 VENUE 578 ROOFTOP SIGN 578 N. ORANGE AVE. Camden Orange Ct. Apts. Orlando Sentinel Interstate 4 Sunrail Surface parking AT&T Building Channel 13 Offices Location Map Subject Site S UMMARY Applicant Morgan Voke, Intnl. Signs & Lighting, Inc. Owner Jan Harrold Harrold Productions, Inc. Project Planner Jim Burnett, AICP Property Location: 578 N. Orange Ave. (Parcel ID #26-22-29-9280-00-353, at the southwest corner of W. Concord St. and S. Orange Ave., south of Colonial Dr./SR 50)(±0.28 acres, District 5). Applicant s Request: The applicant is requesting to amend a previously approved variance (VAR2013-00120) to allow an existing roof sign with a digital message center to be 4 ft. higher than currently exists within the AC-3A/T Downtown Orlando Central Business District. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of June 8, 2015. As of the published date of this report, staff has not received any comments from the public concerning this request. Updated: June 15, 2015 Staff s Recommendation: Approval of the variance, subject to conditions in this staff report.
Page 2 F UTURE LAND USE MAP Camden Orange Ct. Apts. Orlando Sentinel Surface parking Interstate 4 Sunrail SUBJECT PROPERTY Channel 13 Offices BellSouth/AT&T Z ONING MAP Camden Orange Ct. Apts. Sunrail Orlando Sentinel Interstate 4 Surface parking Channel 13 Offices SUBJECT PROPERTY BellSouth/AT&T
Page 3 P ROJECT ANALYSIS Project Description The subject property consists of a historic 2-story 16,081 sq. ft. nightclub/bar converted from a former Firestone Tire store. The owner proposes to increase the height of a previously approved 85 sq. ft. roof sign with a digital message center, from 29.5 ft. (bottom height) to 33.5 ft. (bottom height) above adjacent grade (42.9 ft. top height), in the same location where a previous neon sign was located when the use was the tire store. The sign will not extend into or above the adjacent N. Orange Ave. travel lanes. The property is zoned AC-3A/T (Downtown Activity Center, Traditional City Overlay) and is designated Downtown Activity Center on the City s Future Land Use Map. Adjacent uses, zoning and future land use designations are per Table 1 below. Table 1 - Project Context Future Land Use Zoning Adjacent Use North (Across W. Concord St.) AC-3A/T (Downtown Activity Center, Trophy Store (Retail Sales) Downtown Activity Center (DT-AC) Traditional City Overlay) East (Across N. Orange Ave.) DT-AC AC-3A/T Channel 13 News Offices South DT-AC AC-3A/T Parking Lot West DT-AC AC-3A/T Parking Lot Previous Actions: 1883: Property platted as a part of the James M. Willcox Addition to Orlando (Subdivision). 1930: 16,081 sq. ft. Firestone Tire & Service constructed. 8/1982: Building designated as an Orlando Landmark; building fully restored, including restoration of a neon roof sign. 1991: Firestone Building converted to a nightclub (Certificate of Appropriateness (CofA) issued by Historic Preservation Board (HPB)). 8/1999: Neon roof sign removed (CofA issued, HPB1999-00213). 2007: Current owner purchased the property. 9/2013: Zoning Official Determination (LDC2013-00305) issued to allow patron usage of sidewalk adjacent to W. Concord St. 2/2014: CofA issued by HPB for new roof sign with digital message center (case #HPB2013-00264). 3/2014: VAR2013-00120 approved by City Council, allowing for new roof sign with digital message center to be atop the roof of the Venue 578 nightclub. Conformance with the LDC Table 2 Development Standards (AC-3A/T) As previously noted, the property is zoned AC- Principal Structure Setbacks Front Street Side Side Rear ISR 3A and is located in the Traditional City (T) overlay, which denotes those areas located in the older Minimum Required 0 ft. 0 ft. 0 or 3 ft. 10 ft. 95% areas of the city platted or developed prior to Existing 0.8 ft. 10 ft. 1.1 ft. 0 ft. 98% WW2. With lot dimensions of 101.35 ft. wide x 119.78 ft. deep (12,139.7 sq. ft.), the 0.28-acre lot is legally conforming and meets all applicable lot requirements for AC-3A/T zoning. Analysis Per LDC Section 64.400, the property is located within the Midtown section of the Downtown (Orlando) Special Sign District. Digital on-site signs are allowed, provided they are incorporated into a marquee sign. The roof canopy of the Venue 578 Club extends over and into the adjacent S. Orange Ave. R-O-W but does not extend into the travel lanes. Prior to the 2013 variance, there was no signage attached to the roofed canopy of the nightclub. Per LDC Section 64.201, Venue 578 is allowed 298 sq. ft. of total sign area. Given that the property is located in the Traditional City overlay, only wall-mounted, marquee, window, projecting and awning signs are allowed. The building currently has a small pedestrian-oriented projecting sign and several window signs on the east building façade visible from southbound motorists and pedestrians on N. Orange Ave. Following approval of the 2013 variance, the owner/applicant erected the 85 sq. ft. Venue 578 roof sign with a digital message center. The digital message sign shows white letters on a black background, with thin black stripes to emulate historic marquee signs from an earlier era. Sign text was supposed to change a maximum of twice per day, but actually changes every four (4) seconds, double the change rate of digital billboard signs. The sign also incorporates neon or similar lighting or raised lettering, in keeping with historic signs appropriate to the age of the Landmark structure. The applicant/owner now states that the sign is not high enough to be visible from all traffic lanes on southbound N. Orange Ave. Raising the sign four (4) ft. would afford better visibility to all lanes on southbound N. Orange Ave. Staff sympathetically supports the variance as proposed, per the conditions in this staff report, which includes the recent conditions of a minor Certificate of
Page 4 Appropriateness review by the Historic Preservation Officer (HPB2015-00087). Staff also recommends that the digital sign change no more than once every 10 seconds, rather than the existing 4 second interval. This standard will be enforced by Code Enforcement. U NDATED SURVEY W. CONCORD ST. Note canopy extending over sidewalk in the N. Orange Ave. R-O-W. Proposed taller sign to be in same location as previously approved in 2013. S. ORANGE AVE. AERIAL PHOTO W. CONCORD ST. SUBJECT PROPERTY S. ORANGE AVE. Note canopy extending over sidewalk in the N. Orange Ave. R-O-W. Proposed sign to go where indicated.
Page 5 5/2015 SITE PHOTO EXISTING ROOF-MOUNTED SIGN WITH DIGITAL DISPLAY. SAID DISPLAY CHANGES EVERY 4 SECONDS (NEEDS TO BE EVERY 10 SECONDS OR GREATER). 2013 GOOGLE SITE PHOTO VIEW OF SOUTH ELEVATION OF VENUE 578. PALM TREE BLOCKS VIEW OF EXISTING ROOF SIGN.
Page 6 1991 PHOTOS OF PREVIOUS FIRESTONE TIRE STORE SIGN
Page 7 P ROPOSED REVISED SIGN ELEVATION NORTH-FACING ELEVATION Sign will continue to hang over existing canopy but will not extend into or over adjacent N. Orange Ave. travel lanes. Proposed sign will not exceed 42.9 ft. in total height above adjacent grade. Digital message can change a maximum 1 time per 10 seconds (Code-Enforceable). Neon or similar lighting or raised letters shall also be used, consistent with signs used when the building was originally 33.5 ft.
Page 8 FINDINGS AND RECOMMENDATIONS VARIANCE TO ALLOW TALLER ROOF SIGN ON A LANDMARK BUILDING Variance to allow an 85 sq. ft. roof sign with digital message center 33.5 ft. above nearest adjacent grade (4 ft. taller than previously approved in 2013), where roof signs and non-marquee digital signs continue to be prohibited (per LDC Sections 64.300 and 64.400(g1)). Staff Recommendation: Approval of the variance, based on the finding that said variance meets all six (6) standards for approval of a variance, and subject to the following conditions: 1. Development shall be in strict conformance with all conditions and the survey and photographs found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional review by the BZA. 2. All applicable City, county, state or federal permits must be obtained before commencing development. 3. Digital messages shall change no faster than every 10 seconds. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit. 1963 SANBORN H ISTORICAL MAP SUBJECT PROPERTY
Page 9 S TANDARDS FOR V ARIANCE APPROVAL Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A selfcreated hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. V ARIANCE: ALLOW ROOF SIGN WITH D IGITAL MESSAGE CENTER 4 FT. TALLER, W HERE A ROOF SIGN WITH NON-MARQUEE D IGITAL MESSAGE CENTER IS PROHIBITED Meets Standard Yes No The property consists of a historic 2-story 16,081 sq. ft. nightclub/bar converted from a former Firestone Tire store built in 1930. The building, designated a Local Landmark in 1982, is in the Downtown Orlando Central Business District. Meets Standard Yes No The owner purchased the Local Landmark property in 2007, with the nightclub/bar in much the same size/configuration and with minimal signage since it was converted to the current use in 1991. The roof sign with digital message center was constructed in 2013, per a previously approved variance. No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Meets Standard Yes No Approval of the variance would not confer a special privilege, based on the continued special conditions and circumstances of the property. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Meets Standard Yes No Denial of the variance would require that the applicant/owner retain the existing sign at less than adequate visibility from passing motorists and pedestrians. This would pose a hardship on the applicant/owner by depriving him of the right to advertise venue events as currently enjoyed by other properties in the Downtown Orlando Central Business District. Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Meets Standard Yes No The variance requested is the minimum possible variance to allow the new roof sign with digital message center to be 4 ft. taller in the location shown within this staff report. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes No Approval of the variance could be viewed as being harmonious with the purpose and intent of the Code. Continued use of the property within Code requirements will promote the appearance and character of the immediate neighborhood. Granting the variance would not be detrimental to the public welfare.
Page 10 APPLICANT S RESPONSES FOR VARIANCE REQUEST