Public Hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2020-0618. A request by Sign Masters of Yuma, LLC, on behalf of Regional Center for Border Health, to reduce the setback on a sign from 12 feet to 3 feet for San Luis Medical Mall located at 151 S. Oak Avenue, San Luis, Arizona. (Jose A. Guzman, Director of Planning and Zoning)

A. Open public hearing B. Close public hearing
C. Action on Variance No. 2020-0618

This is a request by Sign Masters of Yuma, LLC, on behalf of Regional Center for Border Health, owner, for a variance as per Section §152.258 (E) to reduce the setback for a pylon sign from 12 feet to 3 feet for the San Luis Medical Mall.  The property is zoned Community Commercial (C-2) and is located at 151 S. Oak Avenue, PID #227-15-006, San Luis, Arizona.  

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have received comments from the following agencies: 

1. City of San Luis Fire Department (10-22-20)
2. City of San Luis CIty Attorney (10-23-20)

As required by state statute, staff sent notification letters to property owners within 300 feet of the proposed project (5 letters).  The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 

CRITERIA FOR APPROVAL:  
All requests for a Variance from the City of San Luis Zoning Ordinance must meet the criteria for a Variance as set forth in the City of San Luis Zoning Ordinance.  A variance is not a right.  It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. §9-462.06 and in § 152.045 of the City Code. In all cases, the application shall address all of the following hardship criteria: 

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district.
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

The Arizona Revised Statutes (§9-462.06.  Board of adjustment) further state that the Board may not:  

1. Make any changes in the uses permitted in any zoning classification or zoning district.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

ANALYSIS:  
Staff has reviewed this request and has determined that the request substantially meets the criteria for granting a Variance from the Zoning Ordinance.   
 
1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
   
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
   
3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district.
   
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.
 
The applicant has provided the information and materials necessary for review of the variance request. Staff recommends approval of Variance Case No. 2020-0618.