Z-5570-B Staff AnalysisOctober 28, 2002
ITEM NO.: 2
File No.
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
Z -5570-B
John E. Moore
12418 Cantrell Road
North side of Cantrell Road, approximately
800 feet east of Sam Peck Road
Variances are requested from the sign
provisions of Sections 36-543 and 36-553.
The applicant's justification is presented in
an attached letter.
Office
Office
1. The applicant shall obtain approval from the Arkansas Highway and
Transportation Department, District (569-2260) for approval of sign
placement prior to construction.
2. If AHTD approval is obtained, furnish approval documentation to
Public Works and obtain franchise agreement from Public Works prior
to construction.
B. Staff Analysis:
The PD -0 zoned property at 12,418 Cantrell Road is occupied by a one-
story brick and frame office building which houses Moore Mortgage.
There is a paved access drive at the southwest corner of the property.
There is also an existing 8 foot high (8 feet by 4 feet) ground -mounted
sign located between the office building and the front property line. The
sign is set back approximately 20 feet from the front property line.
V,
October 28, 2002
Item No.: 2 (Cont.
The applicant proposes to remove the existing sign and construct a new
ground -mounted sign within the sloped right-of-way area between the
front property line and Cantrell Road. The proposed sign will be 6 feet
high (including masonry base), with 32 square feet of sign area. The
applicant is requesting the new sign location for improved sign visibility.
Section 36-543(4) of the City's Zoning Ordinance states that signs placed
on public property or public right-of-way are prohibited. Additionally,
Section 36-553(b) requires that ground -mounted signs in office zoning be
set back at least five (5) feet from property lines. Therefore, the applicant
is requesting variances from these requirements for the new sign location.
Staff does not support the requested variances. Staff does not feel that
the request is reasonable. Section 36-346(f)(2) of the Zoning Ordinance
allows a ground mounted sign with a maximum height of six (6) feet and a
maximum area of 72 square feet for this property, which is located within
the Highway 10 Overlay District. Staff feels that a sign larger than the
existing sign (more sign area) could be constructed five (5) feet back from
the front property line and provide the additional visibility as needed by the
applicant.
C. Staff Recommendation:
Staff recommends denial of the requested sign variances.
BOARD OF ADJUSTMENT:
(OCTOBER 28, 2002)
John Moore was present, representing the application. There were no objectors
present. Staff briefly described the variances associated with the proposed
ground -mounted sign, with a recommendation of denial.
John Moore addressed the Board in support of the application. He explained the
reasons for requesting the sign in the right-of-way. He noted that other signs in
this area along Cantrell Road were set back approximately the same distance
from the street as the sign he is requesting. He provided photos of these signs.
Chairman Ruck noted that these other properties may have reduced right-of-way
or a permit from the State.
Vice -Chairman Gray asked if other variances for signs in the right-of-way had
been approved along Cantrell Road., Staff noted that there had been none that
they knew of.
October 28, 2002
Item No.: 2 (Cont.)
Vice -Chairman Gray stated that he did not support the sign being in the right-of-
way. He stated that the applicant could install a new sign which met ordinance
requirements and improve the sign visibility.
Mr. Moore noted that other businesses have installed the signs he referred to
earlier, in the past two (2) years. Cindy Dawson, City Attorney, stated that no
case sets a precedent for other cases.
Andrew Francis stated that he thought the existing sign location was visible and
briefly explained. The issue of sign visibility was briefly discussed by the Board
and the applicant.
Dana Carney, of the Planning Staff, noted that staff enforced the sign regulations
equally. He noted that there appeared to be more right-of-way on the north side
of Cantrell Road in this area. Mike Hood, of Public Works, noted that the
Highway Department obtained the right-of-way in front of this property. He
stated that it appeared the Highway Department obtained more right-of-way than
the City would have, based on the slope of the property.
The issue of the sign location was further discussed by the Board. Vice -
Chairman Gray briefly discussed the Highway Department's right-of-way and
noted that he did not want to penalize the applicant because he is on the wrong
side of the road. The Board briefly discussed this issue. Mr. Carney briefly
reviewed the issues to be considered by the Board.
There was a discussion of amending the application to move the sign back on
the property with a zero setback from the front property line. Mr. Moore
amended the application accordingly. Staff noted support of the amended
application subject to a sign permit being obtained for the new sign.
There was a motion to approve the amended application (sign to be located on
the applicant's property with a zero setback from the front property line) subject
to a sign permit being obtained. The motion passed with a vote of 4 ayes,
0 nays and 1 absent. The amended application was approved.
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