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Home My WebLink AboutKent Fried Chicken VAR 02-002 IVIAYOR Robert D Co~fie HUB OF TREASURE V~4 LI~¥ A Good Place m Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888,.4433 · FAX (208) 8874813 City (le~k Office F~x (208) 8884218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 pUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211, Fax 88%1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888~854 MEMORANDUM: April 10, 2002 To: Mayor and City Council From: David McKinnon, Planner H Re: Request for Variance to Retain an Existing Sign which Exceeds the Maximum Sign Height, and to Remain on Pole without Being Fully Enclosed for Kentucky Fried Chicken (KFC) by King Electric Signs (File No. VAR-02-002). The Planning arm Zoning staff has renewed the applicam's aubmittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The Applicant, King Electric Signs, on behalf of KFC, has reapplied for a variance to allow KFC to keep the existing "bucket" sign at 677 E. First (Main) Street. The "bucket" sign is a non- conforming sign because it exceeds the maximum height limitation 0VICC 11-14-10) and because the sign sits atop a pole that is not covered per the Sign Ordinance 0VICC I 1-13-5K). The Sign Ordinance requires the removal of non-conforming signs if there is more than a twenty- five percent (25%) change to the property (MCC 11-14-8B6). The construction of the new restaurant, just to the south of the existing restaurant, is the change that requires the removal of the non-conforming "bucket" sign, and the removal of the sign is also a c~ition of the conditional use permit granted for the new building. On November 20, 2001, the City Council denied the original variance request by KFC to keep the "bucket" sign. Conditions have not changed since the denial. LOCATION The parcel is located at 677 E. First (Main) Street, on the northwest corner of the intersection of Meridian Road, E. Fkst (Main) Street and Central Drivo. SURROUNDING PROPERTIES North - Taco Bell Restaurant~ zoned C-G. South -Meridian Road. East - Central Valley Corporate Center, zoned C-G. West - Redkin Photography Studio, zoned C-G: Mayor and Council April 10, 2002 Page 2 REOUIR~D FINDINGS According to Ordinance 11-18-I, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff finds that there are no special drcumstances affecting the property that would make the strict application of the sign ordinance impracticable or unreasonable. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; Staff does not find that strict compliance with the requirements of the Sign Ordinance would result in extraordinary hardship to the owner or developer because of unusual topography, the nature or condition of adjacent development, physical conditions or other conditions. Staff does not find any circumstances and conditions that make strict compliance unreasonable, and the conditions and requirements of this Title will not result in inhibiting the achievements or objectives of the Zoning Ordinance and Sign Ordinance. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff finds that the requested variance will not be particularly detrimental to the public's welfare or injurious to other pmparties in the area. However, the goals and objectives of the Sign Ordinance will be seriously compromised should a variance be granted. The City Coundd should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Mayor and Council April 10, 2002 Page 3 Staff finds that the issuance of a variance for the bucket sign will have the effect of altering the purpose and interest of the Sign Ordinance. The Sign Ordinance provides provisions for eliminating nonc-onforming signs, and it does not encourage the continued use of legal non-conforming signs. Allowing a variance for a non-conforming sign will make it harder to eliminate non-conforming signs in the future and encourage similar requests for variance. STAFF RECOMMENDATION Staff recommends denial of this variance request. The applicant can modify the sign to conform with the Sign Ordinance by reducing the height of the sign and by covering the pole. If the Applicant does not wish to make such modifications, the sign must be removed within 60 days of the start of construction of the new restaurant, per the requirements of the Sign Ordinance (MCC11-14-8B). The Building Department issued a building permit for the new restaurant on February 28, 2002. Therefore, the sign should be removed by the end of April, 2002 (unless it is permitted to remain by the issuance of a variance). Staff further recommends that legal counsel be sought on whether a condition can be added to the denial that the applicant be barred from submitting future applications for variance on this issue. MAYOR Robert D. Corde CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A C.~ood Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (20~) 887-4~13 City Clerk Office Fax (208) 888-¢218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2301 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall At[n: WiB Berg, City Clerk, by: April tl, 2002 Transmittal Date: March 19, 2002 File No.: VAR 02-002 Hearing Date: April 16, 2002 Request: Request for variance to allow existing "Bucket Sign" at the Kentucky Fried Chicken Restaurant King Electric Signs By: Location of Property or Project: 677 S.E. 1st Street David Zarernba, P/Z C~oV~,V,~C,~,~ Jerry Centers, P/Z Leslie Mathes, P/Z Keven Shreeve, P/Z Keith Borup, PIZ Robert CoMe, Mayor Bill Nary, CdC Tammy deWeerd, C/C Keith Bird, CdC Chede McCandless, CdC Water Department Sewer Department Meddian School District Meddian Post Office Ada County Highway District Community Planning Assoc. Central District Health Narnpa Meddian Irrig. District Settlers Irrigation Distdct idaho Power Co. U.S. West ~. ~u I ntermountain Gas ~ Bureau of Reclamation idaho Transportation Department Sanitary Service ~o v,~, v~c, Building Department ~ncise/~rnarks: l_ Fire Department Police Depa.ment -// City Attorney ~/ City Engineer City Planner Parks Department RECEIVED MAR 2 2 Ci~ Clerk Om MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L M. Nary Keith Bird Tammy deWeerd Cherie McCmadless HUB OF TREASURE VALLEY LEGAL DEPARTMENT A Good Place to Live (208) 288-2499 * Fax 288-2501 CITY OF 33 EAST IDAHO ~, BUILDING DEPARTMENT MERIDIAN, IDAHO83642 M~[~ ] [~ 20~.12 (208) $87-2211o Fax 887-1297 (208) 888-4433 · Fax (208) 8874813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING CITY OF MERIDI TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: April 1t, 2002 Transmittal Date: March 19, 2002 File No.: VAR 02-002 Hearing Date: April 16, 2002 Request: Request for variance to allow existing "Bucket Sign", at the Kentucky Fried Chicken Restaurant By: King Electric Signs Location of Property or Project: 677 S.E. 1st Street David Zaremba, P/Z Jerry Centers, PIZ Leslie Mathes, P/Z Keven Shreave, P/Z Keith Borup, P/Z Robert Corrie, Mayor Bill Nary, C/C Tammy deWeard, C/C Keith Bird, CIC Cherle McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District ~ Meridian Post Office Ada County Highway Distdct Community Planning Assoc. Central District Health Narnpa Meridian Irrig. District Settlers Irrigation Distdct Idaho Power Co. U.S. West Interrnountain Gas ~,. Bureau of Reclamation Idaho Transportation Department Ada County (~z o.~ RECEIVED 2:1 2002 City Of Meridian City Clerk Office ~en~ ~y: uer[a~an To: City CZerk At: 8884218 ~ob ~m · ~n.p~ oi~Oa.l~e) e~eoo.~x i~ el~ Al~il 3, 2002 888 6854; Apr-3-02 2:14PM; Page 1/1 RECEIVED APR 1 0 2002. City Of Meridian City Clerk Office I, Pon Hat'mld, of King Electric Sisns, posted two "Legal Notice of Public Hearing" notices on Kentucky Fried Chicken location at 677 E. Ia Sueet on the above date. The Public hearing is set for Aim'] 16, 2002 at 6:30 p.m. in the ~ City Hall Council Cha.,ni~ nad k pertalns to n sign vadance for the exi~tlng bucket siBn. Re~ect fu~y, R~n APR 03 '02 14:08 888 6854 PAGE.O1