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HomeMy WebLinkAbout05-30-02 Staff CommentsLocust Grove Var VAR-02-006 MEMORANDUM: May 30, 2002 To: Mayor and City Council From: David McKinnon, Planner II Re: Request for a Variance for an Off-premise, Free-standing Sign by Locust Grove Ltd., LLC (File No. VAR-02-006). The Planning and Zoning staff has reviewed the applicant’s submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The Applicant, Locust Grove Ltd., LLC, has requested a variance from Meridian City Code (MCC) 11-14-6.I that prohibits off-premise signs. Section 11-14-6.I. of the MCC reads as follows: “The following types of signs are prohibited in all districts: I. Off-Premise Signs, except as permitted and defined in Section 11-14-7.A.4 [real estate signs], 11-14-9.E. [center signs] and 11-14-9.J [billboards].” The Sign Ordinance defines an “off-premise sign” as follows: “OFF-PREMISE SIGN: A sign which is not related to the property upon which it is located or to the activity being conducted thereon.” The Applicant would like to place an off-premise sign near the southeast corner of Fairview Avenue and Locust Grove Road, in the northwest corner of D & B Supply’s Parking Lot. The proposed off-premise sign would advertise a yet-to-be-determined business on a vacant lot that has no Fairview frontage. The vacant lot is directly to the south of (behind) the existing Winger’s Restaurant. The Applicant is seeking the variance for the off-premise sign because they have been unable to find a buyer for the vacant lot because the sign ordinance does not allow the lot to have a sign visible from Fairview Avenue. LOCATION The subject vacant parcel is directly south of the existing Winger’s Restaurant on Fairview Avenue. The Applicant would like to place the off-premise sign for the vacant parcel on the northwest corner of D & B Supply’s lot on Fairview Avenue. SURROUNDING PROPERTIES HUB OF TREASURE VALLEY MAYO Robert R D. Corrie CITY COUNCIL MEMBERS Keith Tammy Bird Cherie deWeerd McCandless William L.M. Nary A Good Place to CITY OF Live MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · FAX (208) 887- 4813 City Clerk Office Fax (208) 888- 4218 LEGAL (208) DEPARTMENT 288- 2499 · Fax 288- 2501 PUBLIC BUILDING WORKS DEPARTMENT (208) 887-2211 · Fax 887- 1297 PLANNING AND ZONING Mayor and Council May 30, 2002 Page 2 VAR-02-006 Locust Grove.Var North – Fred Meyers Shopping Center, zoned C-G. South –Vacant land, currently zoned RUT. East – D & B Supply, zoned C-G. West – Hollywood Video and Eddy’s Bakery, zoned C-G. REQUIRED FINDINGS According to Ordinance 11-18-1, 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: A. 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 circumstances affecting the property that would make the strict application of the sign ordinance impracticable or unreasonable. Staff finds that when the property was subdivided into the property’s current configuration, it was a choice of the developer to limit the subject property’s visibility on Fairview Avenue. B. 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. C. 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; Mayor and Council May 30, 2002 Page 3 VAR-02-006 Locust Grove.Var Staff finds that the requested variance will not be particularly detrimental to the public’s welfare or injurious to other properties in the area. However, the goals and objectives of the Sign Ordinance will be seriously compromised should a variance be granted. The only reason the property does not have a sign on Fairview is because the property does not front Fairview. The off-premise sign section of the Sign Ordinance is to prevent sign congestion and confusion on major roadways, such as Fairview. The City Council should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that the issuance of a variance for the off-premise sign will have the effect of altering the purpose and interest of the Sign Ordinance. The Sign Ordinance provides for off-premise signs that are used for real estate, billboards and commercial center signs. The proposed sign is not a real estate sign, nor is it a billboard sign, so the only way the sign can be permitted off premise is if it approved as center sign. The applicant has stated in the application that the other businesses in the subdivision (Eddy’s, Winger’s and Hollywood Video) will not discuss removing their existing signs to build a center sign. Furthermore, the aforementioned businesses each have their own conditional use permits and were not developed as a commercial center with any kind of common design feature. Allowing a variance for an off-premise sign will make it harder to deny off- premise signs in the future and will encourage similar requests for variances. STAFF RECOMMENDATION Staff recommends denial of this variance request. DEPARTMEN (208) 884-T 5533 · FAX 888- 6854