Board of Zoning Adjustments Staff Report Monthly Meeting Monday, February 15, 2016 Docket Number: BZA010-16 Prepared by: Brittany DesRocher Applicant or Agent: Canal@Camp Apartments, LLC Property Location: 600 Canal St. Zip: 70130 Bounding Streets: Canal St., St. Charles Ave., Common St., & Camp St. Zoning District: CBD-2 Historic Commercial and Mixed-Use District Overlay District: Historic District: Canal Street Planning District: 1a Existing Use: Mixed-Use Square Number: 170 Proposed Use: Mixed-Use Lot Number: A-1 Request Citation: This request is for variances from the provisions of Article 24, Section 24.11.E, Section 24.11.A.6, and Section 24.7.G.7 of the Comprehensive Zoning Ordinance. Request: This request is to permit the creation of five signs,: 2 projecting signs for a multifamily building, 1 under canopy sign for multifamily building entrance, 1 projecting sign for retail and 1 under canopy sign for retail all with excessive sign area. Requested Waivers: Section 24.11.E - Multi-Family Identification Sign (Attached) - Number Permitted: 1 Provided: 2 Waiver: 1 Section 24.11.E - Multi-Family Identification Sign (Attached) - Size Permitted: 24 sq. ft. Provided: 32 sq. ft. Waiver: 8 sq. ft. (per sign) Section 24.11.A.6 - Awning, Canopy, and Under-Gallery Signs (Giani) Permitted: 3 sq. ft. Provided: 13.45 sq. ft. Waiver: 10.45 sq. ft. Section 24.11.A.6 - Awning, Canopy, and Under-Gallery Signs (Praline) Permitted: 3 sq. ft. Provided: 9.75 sq. ft. Waiver: 6.75 sq. ft. Section 24.7.G.7 - Limitation on Items of Information for Permanent Signs (Giani) Permitted: 1 item Provided: 2 items Waiver: 1 item Project Description: The petitioned site is located at the corner of Canal and Camp Streets. The property includes three separate buildings on a single lot of record that is irregularly shaped and measures approximately seventy foot four inches (70-4 ) along Canal Street and one hundred thirty-two foot ten inches (132-10 ) along Camp Street. The buildings were recently renovated to include three (3) commercial spaces on the ground floor, one (1) commercial space on the second floor and forty (40) residential units on the second through seventh floors. The structure that is located on the corner includes one (1) ground floor retail space, one (1) second floor retail space and 1 BZA 010-16
twenty-one (21) residential units on floors three through seven. Additional residential units are provided on the upper floors of the other structures and are considered part of the same multifamily residential development. There is existing signage on the petitioned site which has not been reviewed by City Planning Commission including several neon signs advertising products, animated window signs and a projecting sign that existed prior to the effectiveness date of the current sign regulations. Neon signs are permitted at this location; however, they are limited to ten percent (10%) of the total window area. Per Article 24, Section 24.8 Prohibited Signs of the Comprehensive Zoning Ordinance, animated signs are prohibited; therefore, the existing window signs should be removed. Although the existing projecting sign existed prior to the effectiveness date of the current Comprehensive Zoning Ordinance, it would need to be removed before a new projecting sign is approved given that only one projecting sign is permitted per ground floor business establishment per street frontage. Projecting Sign Animated Window Signs Neon Sign Image 1: Existing signage on Canal Street Elevation Animated Neon Signs The applicant is proposing five (5) new signs, three (3) for the multi-family residential development and two (2) for the retail development located at 600 Canal Street. The proposed identification signs for the multi-family residential development include two (2) thirty-two square foot (32 ft 2 ) projecting signs that will be located on the building façade at the fifth floor. One of the projecting signs will be located on the northeast edge of the Canal Street façade and the other projecting sign will be located on the southwest edge of the Camp Street façade. Additionally, there is a thirteen and forty-five hundredths square foot (13.45 ft 2 ) under-gallery identification sign proposed for the multi-family residential development which will be located on Camp Street. The proposed signs for the retail development include one (1) thirty-two square 2 BZA 010-16
foot (32 ft 2 ) projecting sign that will be located on southeast corner of building façade at the fifth floor. Additionally, there is a nine and seventy-five hundredths square foot (9.75 ft 2 ) undergallery sign proposed for the retail development which will be located on the corner of Canal and Camp Streets. Article 24, Section 24.11.E Multi-Family Identification Sign of the Comprehensive Zoning Ordinance permits only one (1) multi-family identification sign per multi-family use. The petitioned property has two street frontages and a sign is permitted for each frontage; therefore, two (2) multi-family identification signs are permitted one on Canal Street and one on Camp Street. The applicant is proposing one (1) identification sign on Canal Street and two (2) identification signs on Camp Street. A waiver of one (1) sign is required. Additionally, multifamily identification signs are limited to twenty-four square feet (24 ft 2 ) in area. Two of the multi-family identification signs the applicant is proposing are thirty-two square foot (32 ft 2 ) projecting signs. A waiver of eight square feet (8 ft 2 ) for each sign is required. The third multifamily identification sign is an under-gallery sign which is limited to three square feet (3 ft 2 ) per Article 24, Section 24.11.A.6 of the Comprehensive Zoning Ordinance. The applicant is proposing an area of thirteen and forty-five hundredths square feet (13.45 ft 2 ); therefore, a waiver of ten and forty-five hundredths square feet (10.45 ft 2 ) is required. Further, the under-gallery multi-family identification sign includes two items of information The Giani and Entrance. Per Article 24, Section 24.7.G.7 of the Comprehensive Zoning Ordinance, multi-tenant commercial structures are limited to one (1) item of information per tenant within the development; therefore, a waiver of one (1) item of information is required. Also a nine and seventy-five hundredths square foot (9.75 ft 2 ) under-gallery sign is proposed for the retail. Per Article 24, Section 24.11.A.6 of the Comprehensive Zoning Ordinance under-gallery signs are limited to three square feet (3 ft 2 ); therefore, a waiver of six and seventy-five hundred square feet (6.75 ft 2 ) is required. Comments from Historic District Landmarks Commission: The petitioned site is located within the Canal Street Local Historic District. The HDLC has not formally reviewed the proposal; however, they have cited a number of issues. Internallyilluminated signage is typically not permitted unless it complies with specific requirements which are not being met by the proposal. Further, the HDLC generally supports the area limitation for under-gallery signs set by the Comprehensive Zoning Ordinance which is exceeded by the proposal. Additionally, they do not believe that it is typical for a first floor business to have signage projecting from the seventh floor. Due to these issues modifications to the proposed signs will be necessary in order to obtain approval from HDLC. Surrounding Development The petitioned site is located within a CBD-2 Historic Commercial and Mixed-Use District and in the Canal Street Local Historic District. The district generally covers all squares bounded by Canal Street from S. Saratoga/Crozat Street on the lake side to North Peters/Tchoupitoulas Street on the river side. The CBD-2 District also includes some squares upriver from Canal Street that are within the Picayune Place Local Historic District. This district is notable for the large number of late 19 th century/early 20 th century buildings that characterize it. Most of these buildings are three to six stories in height, usually with ground floor commercial space, and in a 3 BZA 010-16
range of styles, including Greek Revival, Italianate, Beaux Arts, and Art Deco. Most retain their original façades, although some are characterized by mid-20 th century replacement façade. Canal Street has historically served as the primary commercial corridor of the region, and has maintained this function to the present day. Today it is also a center of tourism-related activity. The ground levels of most of the structures fronting Canal Street are occupied by various retail uses serving both tourists and locals, including gift shops, shoe stores, and pharmacies, as well as restaurants. The properties adjacent to the petitioned site are developed with retail outlets, two standard restaurants, and a J. W. Marriott Hotel. The New Orleans Sheraton Hotel is located across Camp Street and Marriott New Orleans is on the opposite side of Canal Street. More restrictive sign regulations were introduced in the recently adopted Comprehensive Zoning which was effective August 12 th, 2015. Prior to that, signage along this section of Canal Street was subject to the regulations of Article 6, Section 6.4.6 Permitted Signs of the former Comprehensive Zoning Ordinance which limited businesses to one (1) sign of each permitted type for each street frontage but allowed larger total signage area. Further, the design of signage along this section of Canal Street was reviewed by the Historic District Landmarks Commission. The goals of the HDLC regulations are similar to those of the current Comprehensive Zoning Ordinance resulting in signage along this part of Canal Street being generally compliant with the new signage regulations in the Comprehensive Zoning Ordinance. Image 2: Attached sign and under-gallery signs on 600 block of Canal Street. 4 BZA 010-16
Impact and Analysis According to the Comprehensive Zoning Ordinance, the Board of Zoning Adjustments must consider the following criteria in order to determine what impact the requested variance would have on adjacent properties if it were approved. The procedure affords an applicant relief from the strict requirements of the zoning law when unnecessary hardship or practical difficulty exists. 1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved which are not applicable to other lands, structures, or buildings in the same zoning district? No. Regarding all requested waivers, the structure located at 600 Canal Street is situated similarly to other structures in the same zoning district. The structures location on a corner actually affords it more opportunities for signage than would be allowed on a similar structure situated mid-block. 2. Will the literal interpretation of the provisions of the ordinance deprive the applicant of rights commonly enjoyed by other properties in the same district? No. Regarding all requested waivers, although this area was subject to less restrictive signage regulations until the effectiveness date of the current Comprehensive Zoning Ordinance, August 12 th 2015, signage along this part of Canal Street is generally compliant with the new signage regulations in the Comprehensive Zoning Ordinance. Further, it should be noted that more restrictive signage regulations were introduced in the recently adopted Comprehensive Zoning Ordinance in order to promote and protect the health, safety, and welfare of the City by ensuring the compatibility of signs with surrounding architecture and land uses and to create a more attractive business and economic climate by enhancing and protecting the orderly and effective display of signs. Adherence to these regulations is essential in order to meet the goals of the current Comprehensive Zoning Ordinance. 3. Do any special conditions and circumstances result from the actions of the applicant or any other person who may have (or had) an interest in the property? No. Regarding all requested waivers, there are no special conditions or circumstances that result from the actions of the applicant. The structure was recently renovated with minimal changes to the exterior envelope, none of which would affect permitted signage. 4. Will the granting of the variance confer on the applicant any special privilege which is denied by this ordinance to other lands, structures, or buildings in the same district or similarly situated? No. Regarding all requested waivers, the more restrictive regulations that are necessitating the requested waivers did not exist prior to August 12 th, 2015 when the current Comprehensive Zoning Ordinance became effective. This is the first signage waiver request the Board of Zoning Adjustments have received under the current Comprehensive Zoning Ordinance. Staff was unable to find examples of requests for 5 BZA 010-16
waivers from the signage regulations of the previous Comprehensive Zoning Ordiance. It should be noted that future developments in this area will be subject to the same regulations and granting a waiver could set up an undesirable precedent that would be in conflict with the goal of the Comprehensive Zoning Ordinance. 5. Will the variance(s), if granted, alter the essential character of the locality? Yes. Regarding all requested waivers, although this area was subject to less restrictive signage regulations until the effectiveness date of the current Comprehensive Zoning Ordinance, August 12 th 2015, signage along this part of Canal Street is generally compliant with the new signage regulations in the Comprehensive Zoning Ordinance. Further, it should be noted that more restrictive signage regulations were introduced in the recently adopted Comprehensive Zoning Ordinance in order to promote and protect the health, safety, and welfare of the City by ensuring the compatibility of signs with surrounding architecture and land uses and to create a more attractive business and economic climate by enhancing and protecting the orderly and effective display of signs. Careful consideration should be given to waivers that may inhibit these goals. 6. Will strict adherence to the property regulations result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience? No. Regarding all requested waivers, the proposed signs could be reduced in number and size while still maintaining ample visibility. Examples of appropriately sized signs are seen on other structures along this section of Canal Street. 7. Is the purpose of the variance based exclusively upon a desire to serve the convenience or profit of the property owner, or other interested party(s)? Yes. Regarding all requested waivers, it would be possible to provide appropriate signage at the site without necessitating waivers. The applicant simply prefers the submitted proposal. 8. Will the variance be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located? Yes, the requested waivers will be injurious to other property or improvements in the neighborhood. The intentions of the signage regulations are to create a more attractive business and economic climate by enhancing and protecting the orderly and effective display of signs. Granting a waiver of these regulations could be detrimental to these goals. 9. Will the variance impair the adequate supply of light and air to adjacent property, substantially increase traffic congestion in the public street, increase the danger of fire, or endanger the public safety? No, the requested waivers will not impair the supply of light and air to adjacent property, nor increase the danger of fire or endanger the public safety because the proposed signs are in compliance with appropriate setback and height requirements. 6 BZA 010-16
Staff Recommendation Based on this report, the staff believes that the requested waivers of the number of size of multifamily identifications signs, size of awning, canopy, and under-gallery signs and limitation on items of information for permanent signs fails to meet standard 1, 2, 5, 6, 7 and 8 of the Standards for Variances of Article 24, Sections 24.11.E, 24.11.A.6, and 24.7.G. of the Comprehensive Zoning Ordinance, in that: There are no special circumstances which are peculiar to the land, Literal interpretation of the ordinance will not deprive the applicant of rights commonly enjoyed by other properties in the district, Granting the variance will alter the essential character of the locality, The property regulations will not result in a demonstrable hardship, The change is exclusively for the convenience and profit of the owner, and The variance will be injurious to other property or improvements in the neighborhood in which the property is located. Therefore, the staff recommends DENIAL of the requested variance of the provisions of Article 24, Sections 24.11.E Multi-Family Identification Sign (Attached), 24.11.A.6 Awning, Canopy, and Under-Gallery Signs, and 24.7.G.7 Limitation on Items of Information for Permanent Signs. 7 BZA 010-16
Petitioned Site BZA010-16 600 Canal Street
Petitioned Site BZA010-16 600 Canal Street