HomeMy WebLinkAboutZ-4701-B Staff AnalysisSEPTEMBER 26, 2005
ITEM NO.: C
File No.: Z-4701 -B
Owner: Market Place Partnership
Address: 11121 N. Rodney Parham Road
Description: Southwest Corner of Rodney Parham Road and Market Street
Zoned: C-3
Variance Requested: A variance is requested from the sign provisions of Section 36-
557 to allow an additional ground -mounted sign.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Commercial
Proposed Use of Property: Commercial
STAFF REPORT
A. Public Works Issues:
1. In accordance with Section 32-8, no obstruction to visibility shall be
located within a triangular area 50' back from the intersection right-of-way
line (or intersecting tangent lines for radial dedications) at the intersection
of Rodney Parham with Market.
B. Staff Analysis:
The C-3 zoned property at 11121 N. Rodney Parham Road is occupied by a
one-story commercial strip center. There is paved parking along the north and
east sides of the building, with drives on the west and south sides of the
center. There are two (2) main ground -mounted signs along the north (Rodney
Parham Road) property line and a small real estate sign (leasing information)
at the northeast corner of the property. The westernmost large commercial
sign advertises Franke's Restaurant, with the other large commercial sign
being a marquee sign with the names of the various businesses on the
property. The smallest sign, at the northeast corner of the property, is
approximately 2.5 feet in height and 3 square feet in area.
SEPTEMBER 26, 2005
ITEM NO.: C (CON'T.
Summit Bank has plans to remodel the space at the south end of the
commercial building, creating a drive thru branch bank facility. There will be
an ATM machine, with canopy, located within the parking lot near the
southeast corner of the property. As part of the branch bank development, the
applicant proposes to remove the small real estate sign at the northeast corner
of the property and replace it with a sign advertising the bank. The proposed
sign will have a height of three (3) feet and an area of 15 square feet.
Section 36-557(c ) of the City's Zoning Ordinance allows commercial
properties which have over 150 linear feet of street frontage to have one (1)
additional ground -mounted sign for each additional 150 feet of street frontage.
Such signs must be separated by at least 150 feet. The subject property has
approximately 240 linear feet of street frontage along Rodney Parham Road.
The ordinance would typically allow only one (1) ground -mounted sign for this
street frontage based on the fact that there is not at least 300 linear feet of
frontage. The fact that there are two (2) existing commercial signs along this
street frontage is a nonconforming situation. Therefore, the applicant is
requesting a variance from this ordinance standard to allow a third sign along
the Rodney Parham Road street frontage.
Staff does not support the requested variance. Staff does not view the request
as reasonable. The proposed sign would be in violation of Section 32-8 (blind
corner ordinance) as noted in the Public Works comments in paragraph A. of
this report, and could possibly create sight -distance problems at this Rodney
Parham Road/Market Street intersection. Additionally, staff feels the proposed
sign would add to an area with an abundance of sign clutter. There is an
existing marquee sign on the property which staff feels the applicant could
arrange to have signage on. Additionally, the ATM located at the southeast
corner of the property will have signage on all four (4) sides of the canopy
which will help identify the branch bank facility. Ground -mounted signage
would be allowed along the Market Street frontage (east property line), which
might be an additional option for the bank.
C. Staff Recommendation:
Staff recommends denial of the requested sign variance.
BOARD OF ADJUSTMENT: (AUGUST 29, 2005)
Staff informed the Board that the applicant requested to defer the application to the
September 26, 2005 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the September 26,
2005 Agenda by a vote of 5 ayes and 0 nays.
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SEPTEMBER 26, 2005
ITEM NO.: C CON'T.
BOARD OF ADJUSTMENT: (SEPTEMBER 26, 2005)
Dave Fullen, John Fowler and Gary Dean were present, representing the
application. There were no objectors present. Staff presented the item with a
recommendation of denial.
Dave Fullen addressed the Board in support of the application. Mr. Fullen briefly
reviewed the variance request.
John Fowler also addressed the Board in support of the application. He stated that
the requested sign had been reduced in size to a height of 30 inches and an area of
approximately eight (8) square feet (27 inches by 3.5 feet). He stated that the Public
Works Department had no problem with the smaller sign He also explained the
issue of identifying the bank facility from Rodney Parham Road.
Chairman Francis asked if the Bank could have signage on the existing marquee
sign. Mr. Fowler explained that they could not, because only a small portion of the
marquee sign was available. Chairman Francis asked that if the proposed sign were
approved would any ground signs be placed on the Market Street frontage. Mr.
Fowler stated that there would be no signage along Market Street.
Mr. Fullen noted that the existing trees along Market Street would not allow ground
signage along that frontage. He further explained the need for the proposed sign.
He described the smaller sign.
David Wilbourn noted that he could support the smaller sign. Chairman Francis
expressed concern with the non conforming aspect of the sign.
Vice -Chairman Burruss expressed concern with the proposed sign. There was
additional discussion related to adding signage to the existing marquee sign and the
location of existing and proposed signs.
Possible conditions which could be placed on the application were briefly discussed.
Prohibiting ground -mounted real estate signs along the Rodney Parham frontage
was discussed. Staff noted that this condition should not be placed on the property
without the property owner's consent. This issue was discussed further.
The Board took a brief recess to allow the applicants time to have a letter from the
property owner (agreeing to have no ground -mounted real estate signs along the
north property line) faxed to City Hall.
The meeting was reconvened. The applicants presented a letter from the property
owner agreeing to have no ground -mounted real estate signs along the Rodney
Parham Road frontage of this property.
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SEPTEMBER 26, 2005
ITEM NO.: C (CON'T.)
There was a motion to approve the revised application (30"sign height and 27" by 3'-
6" sign area), subject to the following conditions:
1. There will be no ground -mounted real estate signs along the Rodney Parham
Road frontage.
2. The sign will be for Summit Bank only. If Summit Bank vacates the property,
the sign will be removed.
3. A sign permit must be obtained for the sign.
4. In the event of a future sign variance for the existing marquee sign or
installation of a new marquee sign, the Summit Bank sign must be removed,
with signage placed on the marquee sign, or seek an additional variance.
The motion was approved by a vote of 4 ayes, 0 nays and 1 absent. The revised
application was approved.
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