HOLDOVER APPLICATION NUMBER A REQUEST FOR

Similar documents
BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 1, 2019

APPLICATION NUMBER 5588 / 5291 A REQUEST FOR

APPLICATION NUMBER 5416/4237/4096 A REQUEST FOR

# 6 ZON BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: November 5, B-4, General Business District. 0.06± Acres

APPLICATION NUMBER A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: January 9, 2017

APPLICATION NUMBER 5499/5290 A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: February 2, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 6, 2015

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: March 4, 2013

APPLICATION NUMBER A REQUEST FOR

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: November 7, 2016

APPLICATION NUMBER A REQUEST FOR

262 SOUTH BROAD STREET

APPLICATION NUMBER 5370/5225/3870 A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 1, 2019

APPLICATION NUMBER 5508/5328 A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: March 7, 2016

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 4, 2016

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: December 5, 2016

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 6, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: August 4, 2014

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: June 1, 2015

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: July 9, 2018

APPLICATION NUMBER A REQUEST FOR

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: November 2, 2015

HUERFANO COUNTY SIGN REGULATIONS SECTION 14.00

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: January 4, 2016

T-MOBILE DAVID WILKINS MESSINA & HARRIS, INC.

ARTICLE 20 SIGN REGULATIONS

PROVISION POINTE SUBDIVISION

TOWN OF TEMPLE ZONING BOARD OF ADJUSTMENT APPLICATION Revised June 2017

RED LOBSTER GROUND SIGN 450 S. ORANGE AVE.

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: April 1, 2019

Accessory Residential Buildings Setbacks and Floor Areas Reviewed by Zoning Administrator unless otherwise indicated

Staff Report. Variance

CHAPTER NONCONFORMITIES.

PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT


GRANVILLE TOWNSHIP BOARD OF ZONING APPEALS GRANVILLE, OHIO APPEAL OF A DECISION OF THE ZONING INSPECTOR

SMALL CELL TECHNOLOGY in the Right-of-Way ADMINISTRATIVE VARIANCE APPLICATION Community Development Department

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT BOJNANGLES SIGN VARIANCES

MAUDLIN INTERNATIONAL ROOF SIGN 2200 S. DIVISION AVE.

NEW BUSINESS. Aerial Map. Case #11-1. Neighborhood Context

ARTICLE XVII SIGNS ADOPTED JANUARY 12, 2004/Amendments through

TOWN OF BUENA VISTA APPLICATION FOR A VARIANCE. Month _April Day 1 Year _2012_

BOARD OF ADJUSTMENT MEETING CITY OF ST. PETE BEACH

ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: March 7, 2013

City of Harrisburg Variance and Special Exception Application

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, February 15, 2016

Georgetown Planning Department

Staff findings of consistency with the Land Development Regulations and the Comprehensive Plan follow: Request One

PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: May 6, 2004

DEVELOPMENT DEPARTMENT STAFF REPORT DRESDEN HEIGHTS PHASE II DCI

1017 S. MILLS AVE. DRIVEWAY

Variance Review Process

ZBA APPLICATION INSTRUCTIONS (Updated Jan 2015)

SANTA BARBARA COUNTY ZONING ADMINISTRATOR STAFF REPORT January 11, 2008

ATLANTA ZONING ORDINANCE UPDATE

ARTICLE V SUPPLEMENT REGULATIONS

ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: March 5, 2009

ORDINANCE NO. 41. PRIVATE ROAD ORDINANCE As Amended Through April 10, 2008

VARIANCE APPLICATION SUBMITTAL CHECKLIST. Application #: Site Address:

PROPOSED FINIDINGS ZONE VARIANCE APPLICATION FOR HEIGHT VARIANCE

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT MCDONALD S ZONING MAP AMENDMENT AND CONCURRENT VARIANCES

DEVELOPMENT DEPARTMENT STAFF REPORT

OSHTEMO CHARTER TOWNSHIP ZONING BOARD OF APPEALS MINUTES OF A MEETING HELD NOVEMBER 27, 2018

PLANNING AND ZONING COMMISSION

DEVELOPMENT DEPARTMENT STAFF REPORT THE PARK AT 5 TH

MAGNOLIA SPRINGS SUBDIVISION, PHASE ONE

ROCKY RIVER BOARD OF ZONING & BUILDING APPEALS

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/07/2012

BOARD OF ZONING ADJUSTMENT STAFF REPORT Date: September 10, 2018

ZONING AMENDMENT, SUBDIVISION & SIDEWALK WAIVER REQUEST STAFF REPORT Date: November 16, 2006

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 1/4/2008.

APPLICANT NAME SUBDIVISION NAME DEVELOPMENT NAME LOCATION. CITY COUNCIL DISTRICT Council District 4 PRESENT ZONING PROPOSED ZONING

BOARD OF ADJUSTMENT, PANEL A PUBLIC HEARING MINUTES DALLAS CITY HALL, COUNCIL CHAMBERS TUESDAY, JANUARY 17, 2017

Urban Planning and Land Use

BOARD OF ADJUSTMENT, PANEL A PUBLIC HEARING MINUTES DALLAS CITY HALL, COUNCIL CHAMBERS TUESDAY, APRIL 21, 2015

Town of Scarborough, Maine

OLD BUSINESS NEW BUSINESS

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT EASTSIDE CHAMBLEE LINK DCI

SUBDIVISION, PLANNED UNIT DEVELOPMENT, & PLANNING APPROVAL STAFF REPORT Date: February 1, 2007

AMENDED AGENDA BLUFFDALE CITY BOARD OF ADJUSTMENT. January 24, 2017

Architectural Control Board Handbook

TITLE NINE - SUPPLEMENTAL REGULATIONS Chapter Signs. CHAPTER 1179 Signs. (1) Promote attractive and high value residential districts.

AUTUMNDALE SUBDIVISION, RESUBDIVISION OF LOTS

DAWES OAK SUBDIVISION

MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS. August 2, 2018

Case To: Oxford Board of Adjustment From: Benjamin Requet, Senior Planner Date: October 10, Applicant: Owner: Request:

ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: November 3, 2016

PROPOSED FINDINGS FOR ZONE HEIGHT VARIANCE APPLICATION

Taylor Lot Coverage Variance Petition No. PLNBOA North I Street Public Hearing: November 7, 2012

--- (11) --- (Ord. No. 1266, 2, ) Chapter SIGNS Purpose Definitions. Page 1. Sections: FOOTNOTE(S):

Transcription:

HOLDOVER APPLICATION NUMBER 5534 A REQUEST FOR SIGN VARIANCE TO ALLOW A TOTAL OF FOUR FREESTANDING SIGN STRUCTURES, TWO OF WHICH ARE LEGAL NONCONFORMING, WITH TENANT PANEL SIGNS ON TWO PROPOSED SIGN STRUCTURES PROJECTING 34 ± INTO THE PUBLIC RIGHT-OF-WAY, AND TWO RETAINER WALL SIGNS IN THE PUBLIC RIGHT-OF-WAY, IN A B-2, NEIGHBORHOOD BUSINESS DISTRICT; THE ZONING ORDINANCE ALLOWS ONE FREESTANDING SIGN STRUCTURE WITH AN 18 MINIMUM RIGHT-OF-WAY SETBACK, AND DOES NOT ALLOW ANY SIGNS TO BE PLACED IN THE PUBLIC RIGHT-OF-WAY IN A B-2, NEIGHBORHOOD BUSINESS DISTRICT. LOCATED AT 4513 OLD SHELL RD (South side of Old Shell Road, 660 ± West of South McGregor Avenue) APPLICANT ESTELLE W. CROSBY BOARD OF ZONING ADJUSTMENT JUNE 2009

HOLDOVER ANALYSIS APPLICATION 5534 Date: June 1, 2009 The applicant is requesting a Sign Variance to allow a total of four freestanding sign structures, two of which are legal nonconforming, with tenant panel signs on two proposed sign structures projecting 34 ± into the public right-of-way, and two retainer wall signs in the public right-of-way, in a B-2, Neighborhood Business District; the Zoning Ordinance allows one freestanding sign structure with an 18 minimum right-ofway setback, and does not allow any signs to be placed in the public right-of-way in a B- 2, Neighborhood Business District. On March 23, 2009, a zoning investigation was received via Mobile 311 reporting several signs at the entrance to the Holiday Place Shopping Center advertising several businesses at this location. An inspector responded and issued a notice of violation for the number and location of the signs. The applicant decided to apply for a variance instead of removing the illegal signs, as well as to apply for a variance to allow their proposed plan for signage. Before illegal signs were placed, the site had three existing, non-conforming, freestanding signs constructed of wood. Two of the existing signs are readerboards with changeable copy, the other was a large sign denoting the address and group site name which also contained tenant panels for the several businesses located on the site. The applicant has made some extensive changes to the front of the shopping center, including the addition of a large retaining wall, steps up the grade change from the street to the front of the building, and a large, brick-paver landing by the street. This construction necessitated the need to remove the existing non-conforming tenant panel structure. The Zoning Ordinance states in Chapter 64-11.3.b(4) & (5) states that nonconforming signs may be continued in operation and maintenance after the effective date of the section, provided that nonconforming signs shall not be: (4) Relocated or (5) Re-established after damage or destruction of more than 75% of the value of the structure at the time of damage or destruction. Under this stipulation, the non-conforming status was lost on the tenant panel sign when it was removed. It should be noted that the improvements were undertaken without permits or approvals from the Urban Development Department or Right-of-Way Section of the City Engineering Department. The applicant now proposes to keep the two existing nonconforming readerboard signs and add a total of four more freestanding signs. Section 64-11.8.c(3) of the Zoning Ordinance allows only one freestanding sign for a group development with less than 600 linear feet of street frontage. Holiday Place, per the survey submitted, has only 185.4 linear feet of street frontage. The new signs are proposed to consist of two, 6-foot by 2- foot (12 square feet) panels on the retaining wall at the stairs advertising the name of the group development, which is Holiday Place; and two signs which are essentially 13.25- foot high lamp posts with four, 2 square-foot tenant panels attached to each lamp post. Additionally, the two panels on the retaining wall are proposed to be located in the public right-of-way. As per Section 64-11.2.j of the Zoning Ordinance, signs in or over the public right-of-way must be attached to a building and not project more than 12 inches

from the front of a building. This section of the Zoning Ordinance is intended for businesses in downtown Mobile (B-4 zoning districts) where no minimum front-yard setback is required and where buildings frequently are built up to the front property line. This section is not intended for any district other than B-4. Further, the lamps post signs are proposed to be on the front property line and project approximately 34 inches into the public right-of-way. Section 64.11.8.c(1) of the Zoning Ordinance states that all signs and sign structures must be located at least 18 inches from the right-of-way. It should be noted that the westernmost sign of the two existing, nonconforming readerboard signs also projects into the right-of-way. The Zoning Ordinance states that no variance shall be granted where economics are the basis for the application. Furthermore, the applicant must present sufficient evidence to find that the variance will not be contrary to the public interest, and that special conditions exist such that a literal enforcement of the Ordinance will result in an unnecessary hardship. The Ordinance also states that a variance should not be approved unless the spirit and intent of the Ordinance is observed and substantial justice done to the applicant and the surrounding neighborhood. Variances are not intended to be granted frequently. The applicant must clearly show the Board that the request is due to very unusual characteristics of the property and that it satisfies the variance standards. What constitutes unnecessary hardship and substantial justice is a matter to be determined from the facts and circumstances of each application. The applicant states that the construction of the retaining wall and other improvements have spurred the need for a variance, stating that the complete redesign and relandscaping of [the site], including the change of topography, required the removal of [the] main large entranceway sign. The applicant further states that a new sign of the same size would not fit the topography or overall theme of the newly conceived community presentation. Additionally, the applicant states that all of the businesses for which sign variances are intended are retail businesses and therefore are heavily dependent upon visibility from the street for their business practice. Addressing this issue, this site is located within an approved district allowing Sandwich Board signs, and the applicant has obtained Sandwich Board permits for all or most of the businesses on the site. These sandwich board signs, with some restrictions, can be placed in the rightof-way, with full view to passing traffic and pedestrians; thus, the street visibility argument is negated. While there may be an argument for sign placement into the right-of-way due to topographical and visibility reasons, the applicant has failed to illustrate the need for the excessive number of signs, as a wall sign indicating the Holiday Place name already exists on the wall of the building facing Old Shell Road, and there are already two legal nonconforming freestanding signs. The applicant failed to illustrate that a literal enforcement of the Ordinance would result in an unnecessary hardship. The applicant simply wishes to have more freestanding signs than are allowed by the zoning ordinance.

HOLDOVER RECOMMENDATION 5534 Date: June 1, 2009 Based on the preceding, the application is recommended for denial. Updated for the June 1, 2009 meeting As no new information was received, the original recommendation stands.