Planning staff is recommending conditional approval and adoption of the findings of the criteria for Variance 1395.

None

See attached zoning 'History.'

This is a variance request from Section 27-1407.C.2(b), 1 and 2, Table 27-1400.5 requiring a maximum sign area of 50 square feet, and Table 27-1400.7 requiring a maximum height of 8 feet to allow maximum sign area of 65 square feet and a maximum height of 14 feet, in a Corridor Mixed Use 1 (CMU1) zone. The purpose of the variance is to allow an increase in size and height of an existing sign.

Granting the requested variance is consistent with the general purpose and intent of the zoning regulations and the goals and policies of the 2016 Growth Policy (GP). The variance request would permit an increase of fifteen (15) square feet in sign area and an additional seven (7) feet in sign height beyond the standards currently permitted within the zoning district. The existing sign was originally approved and constructed under the previous zoning regulations when the property was zoned Neighborhood Commercial (NC), which allowed a maximum sign area of one hundred seventy-five (175) square feet and a maximum sign height of thirty (30) feet. Although the property has since been rezoned and is now subject to updated sign standards, the proposed modification remains substantially below the maximum sign area and height previously permitted under the former regulations.

Pursuant to Section 27-1403, Nonconforming Signs, the existing sign could be classified as a “major” nonconforming sign because the proposed increase in height exceeds twenty percent (20%) of the currently permitted maximum height of eight (8) feet. However, the existing sign currently measures approximately thirteen (13) feet in height and contains fifty-six (56) square feet of sign area, and the proposed modification represents an expansion of an already established sign structure rather than the creation of a new incompatible sign feature. Additionally, the intent of the “major nonconforming sign” classification is to address signs where the nonconformity constitutes a nuisance per se, violates adopted City sign policy, or is incompatible with adjacent signage and adopted guiding principles such that public policy favors their eventual elimination if discontinued, abandoned, or destroyed. Staff does not find that the existing sign, or the proposed increase in height and sign area, meets this description. The sign has existed in the area without identified adverse impacts and remains generally compatible with the surrounding commercial development pattern.

As proposed, the variance would allow for a modest expansion of the existing sign while maintaining consistency with the established character of the surrounding commercial area. The request does not appear to undermine the intent of the current sign regulations or create adverse impacts to adjacent properties, traffic safety, or the public interest. The proposed changes are also consistent with the GP goal of “Strong Neighborhoods,” as they support a safe, functional, and attractive commercial environment that contributes to the continued provision of neighborhood-serving goods and services. Overall, staff finds that the requested variance is in harmony with the general purpose and intent of the zoning regulations and the adopted GP. STAKEHOLDERS
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 have been received regarding the variance.  The Board of Adjustment will hold a public hearing prior to acting on the request.

ALTERNATIVES
The Board of Adjustment may:

• Approve the requested variance and adopt the staff's recommended findings of fact of the criteria and conditions of approval;
• Approve the requested variance with no conditions;
• Deny the requested variance with amended findings of fact of the criteria;or
• Allow the applicant to withdraw the variance request. The applicant has not requested a withdrawal at this time. 

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.
No unique or special circumstances have been identified that would warrant deviation from standard zoning or development requirements for new signage. The subject property is regular in shape and does not exhibit any physical constraints such as irregular topography, limited access, or other geographic limitations that would impact its development potential. The existing condition relates specifically to the sign, which was lawfully approved and installed under a previous version of the City’s sign regulations. With the adoption of the updated zoning code in 2021, the sign became legally nonconforming. The nonconformity is therefore a result of regulatory changes rather than site-specific conditions or actions by the property owner.

The variance request would permit an increase of fifteen (15) square feet in sign area and an additional seven (7) feet in sign height beyond the standards currently permitted within the zoning district. The existing sign was originally approved and constructed under the previous zoning regulations when the property was zoned Neighborhood Commercial (NC), which allowed a maximum sign area of one hundred seventy-five (175) square feet and a maximum sign height of thirty (30) feet. Although the property has since been rezoned and is now subject to updated sign standards, the proposed modification remains substantially below the maximum sign area and height previously permitted under the former regulations.

Pursuant to Section 27-1403, Nonconforming Signs, the existing sign could be classified as a “major” nonconforming sign because the proposed increase in height exceeds twenty percent (20%) of the currently permitted maximum height of eight (8) feet. However, the existing sign currently measures approximately thirteen (13) feet in height and contains fifty-six (56) square feet of sign area, and the proposed modification represents an expansion of an already established sign structure rather than the creation of a new incompatible sign feature. Additionally, the intent of the “major nonconforming sign” classification is to address signs where the nonconformity constitutes a nuisance per se, violates adopted City sign policy, or is incompatible with adjacent signage and adopted guiding principles such that public policy favors their eventual elimination if discontinued, abandoned, or destroyed. Staff does not find that the existing sign, or the proposed increase in height and sign area, meets this description. The sign has existed in the area without identified adverse impacts and remains generally compatible with the surrounding commercial development pattern.

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 previously granted sign area variances in similar cases (see attached history), with approvals typically based on site-specific conditions and the characteristics of individual buildings. In addition, other similarly situated properties within the City, particularly those located along heavily traveled roadways, have developed larger signage in order to maintain visibility and effectively communicate with passing motorists.  In this case, the applicant is requesting a modification to the previously approved sign to accommodate an updated Electronic Message Display (EMD) in conjunction with the existing monument sign. The proposed adjustment is intended to enhance the visibility and functionality of the signage while maintaining the overall sign location and integration with the existing monument structure.  Given these precedents, denial of the requested variance may limit the applicant’s ability to utilize signage in a manner comparable to other properties under similar conditions. This could result in a situation where the subject property is deprived of privileges commonly enjoyed by other properties within the City, particularly those with similar exposure and traffic conditions.

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 for the proposed sign area and sign height would not confer a special privilege that is denied to other businesses located along Central Avenue or within the surrounding area. Over the past twenty-one (21) years, the City has reviewed seventeen (17) sign variance requests, the majority of which involved commercial or retail properties. Of those requests, two were associated with schools, one with a church located in the Central Business District, one with a church located within the Shiloh Corridor, and one with a hospital located in the Medical Corridor District. 

Several previously approved sign variances, similar to the current request, involved modifications to existing signs that did not conform to updated sign regulations. In the past ten (10) years, three (3) of the six (6) requested sign variances have been approved. These approvals demonstrate that variances have been granted in circumstances where existing site conditions, prior approvals, or unique circumstances justified limited deviations from current standards. There are also comparable properties within the surrounding area that contain signs larger than those currently permitted by zoning regulations, and some may similarly constitute legal nonconforming signs. In this context, denial of the requested variance could deprive the applicant of a right commonly enjoyed by similar properties within the same corridor and zoning district.  Staff finds that the proposed variance represents reasonable accommodation of an existing sign structure and does not provide the applicant with an unfair competitive advantage or special privilege beyond what has been considered for other similarly situated properties.

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
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;
Staff is recommending the following conditions for the variance request:

1. The variance is for a maximum sign area of sixty-five (65) square feet and a maximum height of fourteen feet (14). No other variance is intended or implied by this approval.
2. The variance applies to Lots 1-4, Brookshire Subdivision, at Brookshire Commons Condominiums, Unit 3 and 12.5% Common area interest, S12, T01 S, R25 E, generally located at 2900 Central Avenue #3. 
3. The proposed sign alteration shall be constructed in substantial conformance with the submitted site plan and rendering, including dimensions and height. Minor adjustments may be approved administratively, provided they do not substantially alter the approved design. 
4. The applicant shall apply for a sign permit prior to installation and within six (6) months of Board of Adjustment approval. All approved alterations shall be completed within one (1) year of the date of Board approval.
5. Failure to begin or complete actions required by this approval within the time limit set forth shall void this variance.
6. This variance shall run with the land and shall remain in effect for the benefit of, and be binding upon, all current and future owners, operators, managers, leaseholders, heirs, and assigns, provided all conditions of approval are met.

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 recommending the applicant/agent have six (6) months to submit a sign permit application, and one year to complete modifications.

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. Monument signs are allowed in the CMU1 zone district.

Planning staff recommends conditional approval of the requested variance based on the findings related to the applicable review criteria. The recommended conditions are intended to ensure that the proposed signage remains consistent with the approved design, including sign area, height, and location, and to maintain compliance with applicable standards.