LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT Planning Building MEMORANDUM TO: FROM: Laramie County Planning Commission Brett Walker, Planner DATE: January 25, 2018 TITLE: Review and action of a Variance for the purpose of posting an oversized sign to enhance for the property located on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY., located at the southwest corner of Road 207 and 138. EXECUTIVE SUMMARY Wyoming Signs, LLC. on behalf of K2 Ranch, Inc. of 1740 Dell Range Blvd. has submitted an application for a Sign Variance for Walden Tracts Real Estate Sign to the Laramie County Planning and Development Office for the following location: a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY., located at the southwest corner of Road 207 and 138. The application has been submitted for the purpose of posting an oversized sign to enhance visibility. BACKGROUND The proposed sign is largely already erected (see attached photo). The sign face of the structure is 10 x 20, and the overall height is proposed as 16. An exhibit showing the proposed sign face was not available. It is classified as a real estate sign which is defined in the LCLUR as a temporary sign advertising the sale, lease, or rental of the property or premises upon which it is located. Pertinent Regulations: Section 1-2-101 of the Laramie County Land Use Regulations, governing the procedures for approving a variance. Section 2-2-129 of the Laramie County Land Use Regulations, governing signs 3966 Archer Pkwy Cheyenne, WY 82009 www.laramiecountyplanning.com Phone (307) 633-4303 Fax (307) 633-4616
DISCUSSION The Planning Commission may grant a variance only if it finds that the application satisfies the following criteria: i. That there are unusual physical circumstances or conditions, including, without limitation, irregularity, narrowness or shallowness of the lot, exceptional topographical or other physical conditions peculiar to the affected property; ii. That the strict enforcement of the regulation would be detrimental to the existing property, adjacent property, or existing environment; iii. That the unusual physical circumstances or conditions do not exist throughout the neighborhood or zoning district in which the property is located; iv. That because of the unusual physical circumstances or conditions, the property cannot reasonably be developed in a manner substantially equivalent to the other landowners in the neighborhood; v. That the unusual physical circumstances or conditions are not the result of actions of the applicant taken after the adoption of this regulation; and vi. That the variance, if granted: A. Would not harm the public safety and welfare; B. Would not alter the essential character of the neighborhood or district in which the lot is located; C. Would not substantially or permanently impair the reasonable use and enjoyment or development of adjacent property; and D. Would be the minimum variance that would afford relief and would be the least modification of the applicable provisions of the zoning regulation. Section 2-2-129(h)(i)(B) states: Temporary signs erected in connection with the development or proposed development of the premises or property, provided that any such sign shall be removed within ten (10) days after the development has been completed and/or the last structure occupied and that the sign is no larger than one hundred (100) square feet. and Section 2-2-129(d)(xiv) states: No sign in the regulatory area shall exceed 100 square feet in size except as provided for in this regulation. While not easily removed, this real estate sign is nonetheless considered temporary, as it would be removed after the full build out of the subdivision, and more likely before. A sign of this size will require a building permit, should the variance be approved. Staff does not find it meets all of the required criteria for a variance. As the site is located in a fairly rural area, and the proposed variance would not harm the public safety and welfare, Staff maintains a neutral position on this proposal. Staff report has provided two (2) proposed findings and motions below; one for approval and one for denial. 3966 Archer Pkwy Cheyenne, WY 82009 www.laramiecountyplanning.com Phone (307) 633-4303 Fax (307) 633-4616
RECOMMENDATION and FINDINGS To Approve: Based on evidence provided, the Planning Commission finds the following: A. The application meets the criteria listed in Section 1-2-101(b) and the Planning Commission approves a variance of 100 square feet to allow for a 200 square foot sign on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY. To Deny: Based on evidence provided, the Planning Commission finds the following: A. The application does not meet the criteria listed in Section 1-2-101(b) and the Planning Commission deny a variance of 100 square feet to allow for a 200 square foot sign on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY. PROPOSED MOTION To Approve I move to adopt finding of fact A and approve a variance of 100 square feet to allow for a 200 square foot sign on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY. with no conditions. To Deny I move to adopt finding of fact A and deny a variance of 100 square feet to allow for a 200 square foot sign on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY. ATTACHMENTS Attachment 1: Staff Aerial Map Attachment 2: Photo of Erected Sign Frame Attachment 3: Agency Comment Report Attachment 4: Exhibit Map Attachment 5: Resolution (Approval) Attachment 6: Resolution (Denial) 3966 Archer Pkwy Cheyenne, WY 82009 www.laramiecountyplanning.com Phone (307) 633-4303 Fax (307) 633-4616
PZ-17-00269 Sign Variance 1 inch = 4,000 feet Laramie County, Wyoming Date: 1/19/2018 CR 207 CR 138 This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS) Cheyenne/Laramie County GIS Cooperative Program The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information. Zone District Map L 1 in = 4,000 ft 1 in = 4,000 ft BRW Future Land Use Map Outside of Zoned Boundary RAI
AGENCY COMMENT REPORT _ PZ-17-00269 SIGN VARIANCE County Engineer: Scott Larson COMMENTS ATTACHED 01/02/2018 1.More specific information is required as to the exact location of the sign relative to the roadways, property lines, etc. as well as exactly what the sign will look like to make sure there are no line of sight issues with the sign and access road. County Public Works Department: David Bumann COMMENTS ATTACHED 01/03/2018 It would be prudent to see an actual rendering of the sign with appropriate dimensions in order to see how the proposed would align with current roadway and visibility to drivers. BUILDING DEPT: Karen Moon COMMENTS ATTACHED 01/03/2018 OWNER/APPLICANT IS ADVISED THAT BUILDING PERMITS WILL BE REQUIRED. Agencies responding with no comment: County Assessor, Sheriff s Office, Combined Communications Center Agencies not responding: County Real Estate Office: County Treasurer, Emergency Management, Fire District No. 4
RESOLUTION # A RESOLUTION APPROVING A VARIANCE OF 100 SQUARE FEET TO ALLOW FOR A 200 SQUARE FOOT SIGN ON A PORTION OF THE E1/2, SEC 17, T.13.N., R.64W., OF THE 6TH P.M., LARAMIE COUNTY, WY. WHEREAS, Wyoming State Statutes 18-5-201 to 18-5-208; 18-5-301 to 18-5-315 authorize Laramie County, in promoting the public health, safety, morals and general welfare of the county, to regulate the use of land through zoning in unincorporated Laramie County; and WHEREAS, The Laramie County Board of Commissioners have previously adopted the Laramie County Land Use Regulations; and WHEREAS, the power to hear and decide on applications for the variance of numerical requirements of the Laramie County Land Use Regulations has been assigned to the Laramie County Planning Commission; and WHEREAS, the requested variance meets the criteria for a variance pursuant to section 1-2-101 of the Laramie County Land Use Regulations; and NOW THEREFORE BE IT RESOLVED BY THE LARAMIE COUNTY PLANNING COMMISSION, as follows: The Laramie County Planning Commission finds that: A. The application satisfies the criteria listed in Section 1-2-101(b) and that the Planning Commission approves a variance of 100 square feet to allow for a temporary 200 square foot sign on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY. PRESENTED, READ, PASSED, APPROVED AND ADOPTED this day of, 2018. LARAMIE COUNTY PLANNING COMMISSION Jody Clark, Chairman State of Wyoming County of Laramie County Signed or attested before me on, 20 by, as Chairman of the Laramie County Planning Commission. (Seal) (Signature of notarial officer) Notary Public My Commission expires: Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney 1
RESOLUTION # A RESOLUTION DENYING A VARIANCE OF 100 SQUARE FEET TO ALLOW FOR A 200 SQUARE FOOT SIGN ON A PORTION OF THE E1/2, SEC 17, T.13.N., R.64W., OF THE 6TH P.M., LARAMIE COUNTY, WY. WHEREAS, Wyoming State Statutes 18-5-201 to 18-5-208; 18-5-301 to 18-5-315 authorize Laramie County, in promoting the public health, safety, morals and general welfare of the county, to regulate the use of land through zoning in unincorporated Laramie County; and WHEREAS, The Laramie County Board of Commissioners have previously adopted the Laramie County Land Use Regulations; and WHEREAS, the power to hear and decide on applications for the variance of numerical requirements of the Laramie County Land Use Regulations has been assigned to the Laramie County Planning Commission; and WHEREAS, the requested variance does not satisfy the criteria for a variance pursuant to section 1-2-101 of the Laramie County Land Use Regulations; and NOW THEREFORE BE IT RESOLVED BY THE LARAMIE COUNTY PLANNING COMMISSION, as follows: The Laramie County Planning Commission finds that: A. The application does not satisfy the criteria listed in Section 1-2-101(b) and the Planning Commission denies a variance of 100 square feet to allow for a temporary 200 square foot sign on a portion of the E1/2, Sec 17, T.13.N., R.64W., of the 6th P.M., Laramie County, WY. PRESENTED, READ, AND DENIED this day of, 2018. LARAMIE COUNTY PLANNING COMMISSION Jody Clark, Chairman State of Wyoming County of Laramie County Signed or attested before me on, 20 by, as Chairman of the Laramie County Planning Commission. (Seal) (Signature of notarial officer) Notary Public My Commission expires: Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney 1