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HomeMy WebLinkAboutZ-4017-B Staff AnalysisOCTOBER 26, 2009 ITEM NO.: 1 File No.: Z -4017-B Owner: Country Club Station Realty Company Applicant: Jim Wilson, Maple Leaf Canvas Address: 5018 Kavanaugh Blvd. Description: Lots 1-7, Lots E and F and part of Lots A and B, All in Shadowlawn Addition Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36-555 to allow an awning sign with reduced setback from a property line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Grocery Store with Restaurant. Proposed Use of Property: Grocery Store with Restaurant. STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The C-3 zoned property at 5018 Kavanaugh Blvd. is occupied by two (2) one- story commercial buildings and associated parking areas. The northernmost building (7,750 square feet) contains Terry's Finer Foods Grocery Store and another retail use with the south building (3,375 square feet) containing a liquor store. There is a driveway from Kavanaugh Blvd. between the two (2) buildings and a paved alley along the rear (east) property line. There is paved parking located between the two (2) buildings and along the east side of the southernmost building. There is also a small amount of parking (4 spaces) at the northeast corner of the northern building along the alley. There is additional parking along the west side of the north building which is mostly in the right-of- way. There are 33 parking spaces devoted to this development. There is also on -street parking in the area. The applicant recently received approval from the Board of Adjustment (January 26, 2009) for setback and parking variances 4 OCTOBER 26, 2009 ITEM NO.: 1 (Con't. associated with a building addition and restaurant use for the grocery store portion of the north building. There are two (2) canvas canopies on front of the grocery store portion of the building. The canopies are approximately three (3) feet wide and extend approximately one (1) foot across the front property line, over the existing sidewalk. There is an existing wall sign over the southernmost canopy. The applicant proposes to remove the existing wall sign and replace the two (2) canopies with new canopies slightly higher up on the building fapade, approximately at the height of the existing wall sign. The new canopies will be seven (7) feet wide and extend approximately five (5) feet over the front property line and over the sidewalk. The new proposed canopies will be retractable. The applicant is proposing to place a 46 square foot sign (24 in. by 276 in.) on the face (flap) of the southernmost canopy. When retracted, the sign will be in the same location as the existing wall sign. The applicant has noted that the canopy frames will have a clearance of nine (9) feet above the sidewalk area. Section 36-555(b) of the City's Zoning Ordinance requires that awning/canopy signs be located at least five (5) feet back from any property line. Therefore, the applicant is requesting a variance to allow the sign on the face of the southernmost canopy which extends across the front property line and into the right-of-way, when the canopy is opened. Staff is supportive of the requested sign setback variance. Staff views the request as reasonable. If the sign were not to be located on the front of the southernmost canopy, the retractable canopies would be reviewed through a franchise permit. The canopies will be located over a rather wide sidewalk and will add to the property's street appeal and pedestrian use area. As noted previously, when the awnings are retracted, they will be flush against the front building facade, with the canopy sign at the same approximate location as the existing wall sign. Staff believes the requested canopy sign located over the existing sidewalk will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested sign setback variance, subject to the following conditions: 1. A sign permit must be obtained for the canopy sign. 2. A franchise permit must be obtained from the Public Works Department for the encroachment of the canopies into the public right-of-way. 3. Any additional wall signs on the front (west) building facade must not exceed 10 percent of the fagade area when added to the area of the proposed canopy sign. OCTOBER 26, 2009 ITEM NO.: 1 (Con't. Staff Note: The applicant submitted a letter to staff on October 15, 2009 requesting to withdraw the application. Staff recommends the application be withdrawn, without prejudice. BOARD OF ADJUSTMENT: (OCTOBER 26, 2009) The applicant was not present. Staff noted that the applicant had requested the application be withdrawn. Staff recommended withdrawal, without prejudice. The Chairman placed the item on the Consent Agenda for withdrawal, without prejudice. The Consent Agenda was approved with a vote of 4 ayes, 0 nays and 1 absent. The application was withdrawn, without prejudice.