City Variance 1394 – 1005 Main St. – Pole sign size and height - A variance from Section 27-1400, Table 27-1400.11 requiring a maximum size of 100 square feet, and a maximum height of 25 feet to allow a sign size of 150 square feet and a height of 58 feet 6 inches, in a Heavy Commercial (CX) zone, on Lot 11A, Block 5, Amended Plat of Lot 16-A, Amended Plat of lots 15 and 16, Block 5, Wanigan Subd., and Lots 10, 11 and 12 Block 5 Wanigan Subdivision, S22, T01 N, R26 E, a parcel of land approximately 29,733 square feet. The purpose of the variance is to allow a freestanding pole sign to be taller and larger than allowed in the district. Tax ID: A19438

Planning staff is recommending denial and adoption of the findings of the review criteria for Variance 1394.

OWNER: Bodner Billings MS LLC
AGENT: Bruce Bodner
PURPOSE: To allow to allow pole sign height of 50’ from 25’; and (2) to allow 150 s.f. of sign area per side from 100 s.f.
LEGAL DESCRIPTION: Lots 10, 11 and 12 Block 5, Wanigan Subdivision, S22, T01 N, R26 E
ADDRESS: 1005 Main St.
SIZE OF PARCEL:  29,733 square feet.
ZONING: Heavy Commercial (CX)
EXISTING LAND USE:  Commercial retail
PROPOSED LAND USE: Commercial retail

None.

See attachments.

NORTH:
Zoning: Heavy Commercial (CX)
Land Use: Commercial - car wash
SOUTH:
Zoning: CX
Land Use: Commercial - auto repair and tire center
EAST:
Zoning: CX
Land Use: Commercial - personal self-storage facility 
WEST:
Zoning: CMU 1 and 2
Land Use: Commercial - shopping center and auto service center

This request seeks a variance from the maximum allowable sign size of 100 square feet and maximum height of 25 feet to permit a freestanding pole sign with a total area of 150 square feet and a height of 58 feet 6 inches within the Heavy Commercial (CX) zoning district. The purpose of the variance is to allow a sign that exceeds the size and height limitations established for the district.

The applicant previously contacted the Planning Division regarding the existing billboard sign on the property, with the intent of utilizing that structure for on-site business identification. The existing billboard is scheduled for removal, and pursuant to the current billboard moratorium, it may not be replaced at this location.  Billboard signs are permitted in certain districts as off-site advertising, meaning they are intended to advertise businesses or events not located on the subject property. These signs are typically designed to be larger in size and greater in height to accommodate visibility for high-speed, long-distance interstate traffic.  

Staff has reviewed the application in accordance with the required variance criteria and is recommending denial. Approval of the requested variance could establish a precedent suggesting that billboard-scale signage is appropriate within the Main Street corridor. While there are some existing signs along Main Street that are larger in scale or height, those signs were approved under previous zoning regulations or within districts where such signage is permitted. The proposed height of this sign, nearly 60 feet, is also out of character with the land uses in this area and more appropriate for providing advertising to high-speed, interstate traffic.  

The Sign Code identifies several important public interests, including:
1. Avoiding the proliferation of increasingly large and visually intrusive signs resulting from competition for visibility, which can: 2. Maintaining and enhancing the character of the central business district and commercial corridors, which are valuable community assets.

Based on these considerations, the applicant’s inability to meet the required variance criteria, and the applicant's ability to meet the standard sign regulations applicable to the subject property, staff finds that the request is not consistent with the intent of the Zoning Code. Therefore, a recommendation for denial is appropriate. 

STAKEHOLDERS
Planning staff notified owners 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.

ALTERNATIVES
The Board of Adjustment may:

• Deny the requested variance as recommended by the Planning staff;
• Approve the requested variance with conditions;
• Approve the requested variance with no conditions; or
• Allow the applicant to withdraw the variance request. The applicant has not requested a withdrawal at this time. 

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.
This criterion is not met. There are no special conditions or circumstances unique to the subject property that would create a hardship not shared by other properties within the same zoning district. The site does not exhibit unusual or distinctive physical characteristics, such as topography, shape, or other inherent land features, that would limit compliance with the applicable sign regulations. Over the past 36 years, a total of 20 sign variances have been reviewed, the majority of which were associated with commercial or retail properties. Of these, two were for schools, two for churches, one for a hospital, and the remainder for commercial businesses. Several approved variances involved modifications to existing nonconforming signs and were supported by demonstrated hardships related to unique physical characteristics of the subject properties.  Four variance requests were denied during this period because they did not demonstrate a qualifying hardship or meet the required approval criteria. Consistent with those decisions, the current request does not demonstrate a hardship related to the land or any unique property conditions. The applicant’s preference to utilize the existing sign location, currently occupied by a billboard that is anticipated to be removed, does not constitute a hardship and does not meet the criteria for variance approval.

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. 
Similar to Criteria 1 above, a literal interpretation of the provisions of this Chapter would not deprive the applicant of rights commonly enjoyed by other properties within the same district. The applicant retains reasonable use of the property and has alternative sign options available that comply with the Code. The preference to utilize the existing sign location, currently occupied by a billboard that is anticipated to be removed, does not deprive the applicant of rights commonly enjoyed by other tracts along Main Street, and does not meet the criteria for variance approval.

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.
Granting the requested variance will confer a special privilege upon the applicant, as the zoning code establishes limitations on sign size that apply uniformly to properties within the same district. While the Board of Adjustment has approved other variances from these standards, those approvals were based on demonstrated hardships specific to the subject properties. In this case, the applicant has not demonstrated a similar hardship. The applicant has alternative sign options available, such as a roof sign, wall sign or monument sign, that would allow for signage of the requested size in compliance with the code. Instead, the applicant has expressed a preference to utilize the existing billboard sign location and maintain similar sign characteristics. This preference does not constitute a hardship and results in a request for relief that is not available to other properties under the same zoning regulations. Accordingly, approval of the variance would grant a special privilege inconsistent with the intent of the zoning code.

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.  

Section 27-1627.E
1) Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The minutes of the meeting will be recorded reviewed and approved for the record.

2) In granting any variance, the BOA 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 Section 27-1627.E(2) allows the Board to prescribe conditions and safeguards when granting a variance, such conditions cannot substitute for the required findings necessary to approve a variance. In this case, the request does not meet the criteria for approval, staff is recommending denial, and the ability to impose conditions does not justify granting the variance.

Although staff is recommending denial of the variance, if the BOA makes findings to approve the variance, Staff recommends the following conditions;

1. The variance is from Section 27-1400, Table 27-1400.11 requiring a maximum size of 100 square feet, and a maximum height of 25 feet to allow one pole sign at the size of 150 square feet and a height of 58 feet 6 inches, in a Heavy Commercial (CX) zone. No other variance is intended or implied by this approval.
2. The variance applies to Lot 11A, Block 5, Amended Plat of Lot 16-A, Amended Plat of lots 15 and 16, Block 5, Wanigan Subd., and Lots 10, 11 and 12 Block 5 Wanigan Subdivision, S22, T01 N, R26 E,1005 Main St.
3. The proposed size, height and location of the sign will be in substantial conformance with the submitted site plan and sign graphic. Setbacks from property lines of the entirety of the sign structure is required. Minor adjustments to the plan are allowed.
4. The applicant will apply for a sign permit for the pole sign within 6 months of the Board of Adjustment approval and complete the installment within one year.
5. This variance approval applies solely to the specific sign authorized herein. In the event that the approved sign is removed or destroyed, it may be replaced only with a sign that conforms to the zoning code in effect at the time of application.
6. So long as these conditions are satisfied, the variance shall run with the land and apply only to the approved sign at this location. The approval shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs and assigns of this property.  

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. If the BOA chooses to approve the sign variance, staff recommends the applicant apply for a sign permit within six months of the Board of Adjustment approval and complete the installment within one year. 

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. In this case, the variance does grant of special privilege inconsistent with limitations placed upon other properties in the district which is why Planning staff is recommending denial. The granting of this variance would not allow a use that is not allowed in the zoning district, however, the sign height and size is not allowed in this zoning district as proposed.

Staff is forwarding a recommendation for denial of Variance 1394 based on the determinations of the review criteria established within this report.