Planning staff is recommending denial based on the determinations of the review criteria for Variance 1382. 

City Variance 1382 - A variance from Section 27-1407.C.2(a) requiring a maximum of 250 square feet total wall sign area per frontage in a Corridor Mixed Use 2 (CMU2), on Lot A1 of COS 1136, 2nd Amended located in S12, T01 S, R25 E, a 36.8248 acre parcel of land. The purpose of the variance is to allow a 441 square foot wall sign on a street facing building façade of 180 lineal feet. 

The Rimrock Mall structure was constructed in 1975 under the former Highway Commercial zoning regulations. The portion of the building where the proposed signage would be located is the west-facing façade, oriented toward the travel lanes of the South 26th Street West connection. This façade is approximately 180 feet in length and 33 feet in height, totaling over 5,900 sqft in area. Rimrock Mall contains more than 459,057 sqft for multi-tenant use, 47,000 sqft being the future home of Dunham's Sports. Parking is primarily located on the north, south, and east sides of the building, while the parking area serving the proposed Dunham’s Sports store is located on the west side, between the building and the adjacent drive lane.

Since 1972, the Board of Adjustment has granted relatively few sign variances, typically in response to requests for increased sign area due to unique building or site conditions. Sign size allowances are generally based on zoning district and sign type. Notable recent variance approvals include:

• Scheels, Shiloh Crossing (Variance granted – December 2011): Approved a sign variance for a building with a similar façade area but greater height, to ensure visibility from a major roadway over 800 feet away.
• Target, Main Street (Variance 1351 – December 2022): Approved a request in a Corridor Mixed Use 2 (CMU2) zone to exceed the one-sign limit for a single-tenant structure, allowing two wall signs—one as a replacement and a second for a designated pickup/load-out area. Visibility from a roadway more than 600 feet away.
• Coca-Cola Bottling Plant, South Frontage Road (Variance 1341 – March 2022): Granted approval for a 456 sqft wall sign exceeding the 250 sqft maximum, located near the Zoo Drive/I-90 interchange. To affectively view from interstate traffic at 65 MPH speed limit. 

Under the current sign code, total wall signage is limited to a maximum of 250 sqft, regardless of a building’s overall size or street frontage. However, several nearby businesses, including Rimrock Mall, have signage installed under earlier sign code regulations. These prior standards allowed wall signage up to three square feet per linear foot of street-facing building frontage. The preexisting signage on the mall structure include: Dillard's department store with three different walls facing different levels of traffic with five signs at 210 sqft each.  The previous Herberger's store signs were 410 sqft each, one on the proposed sign location and the other facing the south addressing Phyllis Lane traffic. The north side JC Penny store has one on the north wall and one on the east wall at approximately 220 sqft each, DressBarn also on the east wall at 210 sqft, and the main entrance "Rimrock Mall" sign is about 65 sqft. 

Under the previous code, the west-facing façade of subject storefront could have qualified for up to 540 sqft of wall signage—equivalent to approximately 10% of the total façade area. In comparison, the 544 sqft sign on the Scheels building in Shiloh Crossing accounts for only about 5% of its overall façade.  The sign code was updated in 2021 to reduce the allowance of oversized signage, particularly in areas where such large signs were no longer deemed necessary.

Historically, sign variances have been granted based on factors such as the substantial scale of buildings, the distance from adjacent roadways, and unique architectural or site-specific constraints. However, it is important to recognize that not all variance requests are approved, particularly when alternative signage options are available that can meet visibility needs without exceeding the limitations of the current sign code.   In this case, the size limitation set by the current regulation is adequate to meet the signage needs of the site. A 250 sqft sign provides sufficient visibility from the adjacent drive lane and effectively serves its intended purpose without requiring a variance. Several existing wall signs on the exterior of Rimrock Mall were approved under a previous version of the sign code, which allowed for more flexible standards in alignment with the zoning regulations at that time. These signs primarily advertise larger anchor tenants and are oriented toward vehicle traffic on South 24th Street West, with some positioned more than 600 feet from the intended viewing audience. As such, these legacy signs do not set a precedent for sign variance decisions under the current code. In the current request, the proposed sign is located approximately 120 feet from the nearest drive lane, where traffic speed is 15 MPH. Under these conditions, the sign can adequately serve its purpose without requiring a variance from the established standards.

APPLICATION DATA
OWNER: Rimrock Mall Realty Holding LLC, c/o Kohan Retail Investment group
AGENT:  Devin Hartley
PURPOSE:  441 square foot sign (250 max allowed)
LEGAL DESCRIPTION: Lot A1 of COS 1136, 2nd Amended, S12, T01 S, R25 E.
ADDRESS: 300 S 24th St. W
SIZE OF PARCEL: 36.8248 acres
ZONING: CMU2
EXISTING LAND USE: Commercial Retail, multi-use, multi-tenant (Rimrock Mall) 
PROPOSED LAND USE: No change in use

SURROUNDING ZONING & LAND USE
NORTH: Zoning: Corridor Mixed Use and Commercial Centers (CMU2)
Land Use: Commercial Mixed Use
SOUTH: Zoning: CMU2
Land Use:  Commercial Auto sales
EAST: Zoning: Corridor Mixed-Use (CMU1)
Land Use: Multi-Purpose retail multi-occupancy (Rimrock Mini Mall)
WEST: Zoning: Parks and Open Space (P1)
Land Use:  Park, baseball fields (Stewart Park)

Planning staff notified adjacent property owners within 150 feet by mail, posted the property, and published the legal ad as required. As of the date of this staff report, no comments or concerns have been registered with the Planning Division.

The Board of Adjustment may:

1. Approve the requested Variance 1382 and amend the findings of fact for the criteria with conditions;
2. Approve the requested Variance 1382 and amend the findings of fact for the criteria with no conditions;
3. Deny the requested Variance 1382 with staff recommended findings of fact of the criteria;
4. Allow the applicant to withdraw the variance request; or
5. Delay action on the variance to a future BOA meeting

Under local regulations and state law, four votes in favor of a variance request are needed for approval. The applicant has not requested a delay of the hearing or a withdrawal of the application.

Approval or denial of the requested variance will have no fiscal effect on the Planning Division budget.

Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied: 

Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district. 
There are no special circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same district. The property is a 36.8248 parcel of land with a 459,057 sqft building, 47,000 sqft being the future home of Dunham's Sports and the subject storefront is oriented in a way to address traffic on an extension of 26th St. West. The signs on this building address traffic through parking lots. While this is not uncommon under the previous suburban development style, the new sign code was intended to work well with the new commercial zone district requirements that bring buildings to the street.  The applicant can reduce the sign size by 191 sqft to adhere to the code requirements and still be sufficient to address traffic.

2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district. 
The Board of Adjustment has granted at least four sign area variances in the past decade. Two variances for the number of allowed signs on a property were granted prior to 1999. Sign variances are rare and very specific to conditions and buildings. Of the 1380+ variances of record, only about 19 applications for sign variances have been processed. Under the previous sign code, the sign budget was generous at 3 sf for each linear foot of street facing building facade. The sign code was amended to address this context insensitive approach and to define and allow other types of attached signs - not just wall signs as a generic term for all types of attached signage.  In the current request, the proposed sign is located approximately 120 feet from the nearest drive lane, where traffic speeds are 15 mph. Under these conditions, the sign can adequately serve its purpose without requiring a variance from the established standards.

3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district. 
Similar to criteria number 2 granting this variance may confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the code limitation on the sign size for other land in the same or similar district. Several existing wall signs on the exterior of Rimrock Mall were approved under a previous version of the sign code, which allowed for more flexible standards in alignment with the zoning regulations at that time. These signs primarily advertise larger anchor tenants and are primarily oriented toward vehicle traffic on South 24th Street West, with some positioned more than 600 feet from the intended viewing audience. As such, these legacy signs do not set a precedent for sign variance decisions under the current code. In the current request, the proposed sign is located approximately 120 feet from the nearest drive lane, where traffic speeds are 15 mph. Under these conditions, the sign can adequately serve its purpose without requiring a variance from the established standards.

4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy. 
Granting this variance will meet the general purposes and intent of the 2016 Growth Policy. The Growth Policy guidelines state that local economic prosperity should be supported and sustained.  However, it does not meet the zoning regulation specification for granting a variance application, and is not in harmony with the intent of the Zoning Code for new signage in this district.

Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;   

Although staff is recommending denial of the variance, if the BOA chooses to make different findings and approve the variance, staff recommends the following conditions;

1. The variance is for a 441 square feet attached wall sign. No other variance is intended or implied by this approval.
2. The variance applies to Lot A1 of COS 1136, 2nd amended located in S12, T1S, R25E , 300 South 24th St. West, specifically for the Dunham's Sports westerly suite storefront of Rimrock Mall. 
3. The proposed location of the wall sign will be in substantial conformance with the submitted site plan and sign graphic. Minor adjustments to the plan are allowed.
4. The applicant will apply for a sign permit for the wall sign within 3 months and complete installation within 6 months of the Board of Adjustment approval. 
5. This variance approval is for the specified suite location for the Dunham's Sports sign only. If the sign is removed it will be replaced with a conforming sign of no more than 250 sf.
6. Failure to adhere to these conditions will void the variance.
7. These conditions of variance approval shall run with this tenant space only and the sign in question for the tenant known as "Dunham's Sports" and shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs and assigns of this business at this location.

3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is not recommending a time limit for the denial. However, if the BOA chooses to approve the sign variance, staff recommends the applicant apply for a sign permit for the wall sign within 3 months and complete installation within 6 months of the Board of Adjustment approval.

4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Commercial retail establishments are allowed with signage in the CMU2 zone.