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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: n x • i^ rt I ORM ��, /♦ AAAAA AAAA {{//^''��RR � 1��� � .'��'"7} ',�V�T1�.: r AA (/�^� �/'�/ '��'"'1Y LA 13FAMONT4WXAS Vi �. ti (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 :.; r 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. ,k 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. I ; Applicant's signature: Date: AUGUST 9.L 1 999ti r Nor VP HI I of AN 73,06 7305 7344 is 85 .23,66 7364 1 stob File 387-BA1.1 A request for a variance to the sign regulations pertaining NORTH OMMMMM A 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 111=2001 I SEAUMONT 0 — L PLAZA I I LA I ON= K Off 11441�4�4�41�441f11�114111411411141141144141f1�11+�1� if, "(0,111 fi, f, Of' #0) (f, 0', 1 fi,,# f # #.# # 40, Of # t � i 1 (#0,0 COO' 4 f #,(t, 14, #40,0 f if, Of' 0, 1 O'B"4, 0 0" f f Q 0, f, f fi # # #, f COLLEGE;' ST. 11.0 SIGN # 2 63 PF-TAIL " ko SIGN # I PETAV6" GC -MD 7f-71t 6 7/16"h 17— 1 1/8', 6'-3 7/8" 1 1/8 ---®-I r 6 7/16" ;eternally illuminated Sign oaphlcs on both faces 7"..- �� UPA Custorm'ApprovalDate, Scale: 3/8"=I'-O" Columbia Beaumont Medical Plaza Sign I Facility No. 05.143 4-11-96 BB t ck I C> , Ft G�l JTF i C hp COO 0� co 01 VY co o � ol 0,0 0 ui 00 0 z 0 5 og� :3 9 1 A 10 A PJIJ 1 MI I kv, I a a a 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.