HomeMy WebLinkAbout387-BADATE: September 5, 1996
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Consider a request for variances to the setback regulations pertaining to two
(2) owner identification signs in the GC -MD (General Commercial -Multiple
Family Dwelling) District. (Sign regulations are found in Section 30-28 c. 3,
City Codes. Variances are allowed under Section 30-37 (e) 3.)
The Planning Director recommends denial of the two variances. The applicant has
not shown compliance with conditions A, B and C as required by city ordinance.
This recommendation includes sign #1 (detail B) and sign #2/3 (detail A).
State Sign Company has requested that variances be granted for two proposed owner
identification signs for Columbia Beaumont Medical Plaza, a clinic located at 810
Hospital Drive. The clinic and parking lot is south of Medical Center Drive and
fronts on College. New ownership of the property (Lot 2, Block 1, Beaumont,
Medical Plaza Addition - originally 3120 and 3125 College) has necessitated the
installation of all new signs on the three acre lot.
The applicant desires to erect a 77' x 10'0" identification sign on an existing concrete
pad at the southeast corner of the lot which is the northwest corner of College and
Hospital Drive. The proposed setback is 10' as required from the south property line
but only 6' from the east property line. This request is shown as sign #1 and detail
"B" on the attached exhibits. The applicant asks for a 4' setback variance on this
sign. There is a 10' wide sanitary sewer easement dedicated along the south 10' and
also along the east 10' of Lot 2. The easements contain a 6" sanitary sewer. The
existing concrete pad encroaches into the easement.
The second variance requested is for a 6'10" x 10' sign located at the northwest
corner of the lot which is adjacent to the south right-of-way line of Medical Center
Drive. The proposed setback for this sign is 10' east of the west property line as
required but only about 1-1/2 feet from the north property line. This request is
shown as sign #2/3 and detail "A" on the attached exhibits. The applicant asks for
a 8'6" setback variance on this sign. There is an existing illegal sign located in the
right-of-way of Medical Center Drive which is approximately 15' northeast of this
proposed sign.
Notices Mailed to Property Owners: 7
Responses in Favor: Responses in Opposition:
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(CODES SECTION 30-37 F-3.)
The Board of Adjustment has the power to grant variances where the following listed conditions, have" i
ave ",
been 'met, Indicate how your application meets each of these conditions in the space following each i£ t
condition,, Separate sheets may be attached. (The applicant has the burden of proof to demottuttato
that all three of the conditions necessary for a variance have been met).
Except as otherwise prohibited, the Board is empowered to authorize a varlance-from a tdgi 6ffidNt
of the Zoning Ordinance when the Board finds that all of the following conditions have bedit tnneti
CONDTT ION A: That the granting of the variance will not be contrary to the public intetesta
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THE SIGN WILL NOT ENCROACH ON ANY PUBLIC -RIGHT-OF-WAY
UTILITY EASEMENT.
CONDITION B: That literal -enforcement of the ordinance will result in unnecessary hardship
because of exceptional narrowness, shallowness, shape,- topography- or other extrlaordinatY kor
exceptional physical situation or physical condition unique to the specific piece of propdtty In '
question, Unnecessary hardship shall mean physical hardship relating to the property Itself hs
distinguished from a hardship relating to convenience, financial considerations or caprice, Arid the`:
hardship must not result from the app'icant or owner's own actions.
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ENFORCING IO'-O" SETBACK REQUIREMENT WOULD RESULT. IN tr)S5 "
OF PARKING SPACE AND VISIBILITY OF SIGN.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed;atid, .
substantial justice will be. done,
SIGN WILL NOT OBSTRUCT VIEW OF ON -COMING TRAFFIC
(SEE DIAGRAM)
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MP-ETS "'
THE CONDITIONS STATED ABOVE.
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Applicant's signature: Date: AUGUST 9.L 1 999ti
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File 387-BA1.1 A request for a variance to the sign regulations pertaining NORTH OMMMMM
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to two(2) owner identification signs in the GC-MD(General Commercial-
Y00 Multiple Family) -District.
Location: 810 Hospital Dr.
Applicant: State Sign Corp. SCALE
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The Board of Adjustment is empowered to authorize a variance from a requirement
of the Zoning Ordinance when the Board finds that all of the following conditions
have been met:
CONDITION A: That the granting of the variance will not be contrary to the public
interest.
CONDITION B: That literal enforcement of the ordinance will result in unnecessary
hardship because of exceptional narrowness, shallowness, shape, topography or other
extraordinary or exceptional physical situation or physical condition unique to the
specific piece of property in question. "Unnecessary hardship" shall mean physical
hardship relating to the property itself as distinguished from a hardship relating to
convenience, financial considerations or caprice, and the hardship must not result
from the applicant or property owner's own actions.
CONDITION C: That by granting the variance, the spirit of the ordinance will be
observed and substantial justice will be done.
ANALYSIS
The applicant submitted one variance supplemental application form to serve as the
request for each of the two signs. The applicant did not submit a letter as required
to substantiate his requests.
Condition A - (Applicant's statement): The sign will not encroach on any public
right-of-way or utility easement.
Condition A - (Staff response): This statement is correct as to the proposed sign
#2/3, detail "A" as shown on submitted exhibits. The statement is incorrect as to the
proposed sign #1, detail "B". There is a 10' wide platted sanitary sewer easement
beneath the existing concrete pad. The applicant has not answered condition "A"
showing how the variances will not be contrary to the public interest; therefore, he
has not shown compliance with the condition. Structures should not be placed over
easements. There is a sewer line in the easement.
Condition B - (Applicant's statement : Enforcing 10' 0" setback requirement would
result in loss of parking space and visibility of sign.
Condition B - (Staff response): The applicant has not shown how denial of his two
requests would cause an unnecessary hardship as related to the size and shape of the
three acre lot. His statement does not address nor support the strict requirements
of Condition B.
ANALYSIS continued
Condition C - (Applicant's statement): Sign will not obstruct view of on -coming
traffic (see diagram).
Condition C - (Staff response): The applicant's statement does not satisfy the
requirement to show how granting the variances will preserve the spirit of the sign
ordinance. How will substantial justice be served? The GC -MD district allows any
number of signs with no restrictions as to square footage, and permits signs up to 50
feet in height. The only requirement is that the sign be set back at least 10 feet.
Replacing one illegal sign with another illegal sign (sign #1) and erecting a new sign
to replace an illegal sign (sign #2/3) fails to demonstrate the compliance and
justification needed for the variances.
GENERAL INFORMATION%PUBLIC UTILITIES
APPLICANT: State Sign Corporation
PROPERTY OWNER: Columbia Beaumont Medical Center
STATUS OF APPLICANT: Contractor
LOCATION: 810 Hospital Drive (address of clinic)
LEGAL DESCRIPTION: Lot 2, Block 1, Beaumont Medical Plaza
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling) District
FLOOD HAZARD ZONE: x C (Minimal)
B (Moderate)
A (100 year)
Floodway
SIZE OF PROPERTY:
Lot is 3 acres
EXISTING LAND USES:
Medical clinic and parking lot.
SURROUNDING USES:
SURROUNDING ZONING:
NOW171-1: Medical clinic
CC -MD (General Commercial -Multiple Family Dwelling) District
EAST. Open space
GC -MD
SOUTH: Commercial
GC -MD
WEST. Medical clinic
GC -MD
GENERAL INFORMATIONIPUBLIC UTILITIES continued
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
Conservation and Revitalization
None
STREETS: College (US Hwy. 90), a major arterial east of
Eleventh Street. Hospital Drive and Medical
Center Drive are concrete paved public streets
that provide circulation to the various medical
uses in this complex.
DRAINAGE: Storm sewers exist in Medical Center Drive and
in easements crossing the subdivision. There are
drain inlets in the parking lots.
WATER: There is a 12" water line in College, a 6" line in
Medical Center Drive and a 6" line in Hospital
Drive.
SANITARY SEWER
SERVICE: There are 6" sanitary sewers in easements along
the south and east lot lines and also a 10" sewer
in the right-of-way of Hospital Drive.
FIRE PROTECTION: Fire protection is provided by Station #1, 747
College and #10, 3855 Washington Boulevard.
ADEQUACY
OF SERVICE: Services and utilities are adequate.