Laserfiche WebLink
FILE#16-3879 <br /> November21,2016 <br /> Page 4 of 5 <br /> commercial settings. The proposed signage, to be located in a conforming <br /> location,would require the removal of several parking spaces, increasing hard <br /> cover,and expanding the commercial area to the south,toward the residential <br /> neighborhood. <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 grocery store for many <br /> decades. The siting of the building and the parking lot was established by <br /> previous developers. Further,a portion of the county right of way juts into the <br /> property, to facilitate traffic control mechanisms. This encroachment <br /> effectively takes parking stalls away from the property owner, and eliminates <br /> normal locates for freestanding signage; 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 intersection. <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 jutting of the County's right of way <br /> into the subject parcel is unique to this property. This does not appear to occur in other <br /> lighted intersections in the city. <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,and the lot line configuration to <br /> accommodate traffic controls 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 two <br /> legged sign with an elevated message to preserve site visibility in the area. <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 /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br />