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11-13-2017 Council Packet
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11-13-2017 Council Packet
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FILE # 17-3974 <br />October 16, 2017 <br />Page 3 of 4 <br />intends on improving the streetscape by requiring more stable, architecturally <br />significant monument signs in lieu of pylon signs. The variances, if granted, would <br />protect visibility while providing signage similar to monument signs. <br />2. The variance is consistent with the comprehensive plan. The Comprehensive Plan <br />identifies the subject parcel as commercial, the proposed signage supports and is <br />consistent with the intended use. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The use of the property is a financial <br />institution. Freestanding signage is a normal and expected accessory structure <br />in commercial settings. The proposed signage, to be located in a conforming <br />location, would require the removal of several parking spaces, possible <br />increasing hard cover. Further, the sign as proposed replaced one in this same <br />location for several decades. <br />b. There are circumstances unique to the property not created by the landowner; <br />The lot was developed in the 1970s, and has been a bank for many decades. <br />The siting of the building and the parking lot was established by previous <br />developers; and <br />c. The variance will not alter the essential character of the locality. Recognizing that <br />signage is a normal improvement in a commercial setting, the proposed signage <br />is intended to compliment the improvements being made on the principal <br />structure while maintaining site visibility at the intersections. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The pattern of development in this area <br />has resulted in buildings and parking areas very close to the traveled portion of the <br />road, this is unique to this neighborhood. <br />5. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The development of the property pre ordinance, the impact of <br />expansions of County Roads 15 and 19 over the years are unique to the subject parcel. <br />6. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The variances allow for the placement of a <br />sign at a logical location given the constraints of the property due to development <br />patterns, access, and adjacent streets. Signage for commercial property is a right given <br />to all commercial businesses. <br />7. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. There has <br />been no evidence to suggest that the variances would impact the health, safety, and <br />comfort of adjacent parcels or the city at large. The applicant has proposed a sign <br />slightly wider and thicker than the existing sign, visibility will not be impacted. <br />8. The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable difficulty. Placement of a sign in a conforming <br />location and a conforming style would require complete overhaul/ expansion of the <br />parking lot, which would introduce other issues with the parking lot, including <br />hardcover, stormwater control, access, and lot size. <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />
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