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HomeMy WebLinkAboutZ-6407-C Staff AnalysisAugust 25, 2003 ITEM NO.: 3 File No.: Owner: Z -6407-C Walgreen Company Address: North side of West Markham Street, approximately 200 feet east of Bowman Road Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: C-3 Variances are requested from the sign provisions of Sections 36-530 and 36-555 to allow an off -premise sign. The applicant's justification is presented in an attached letter. Undeveloped Off -premise sign Long term plans are to add additional lanes at the Markham and Bowman intersection. A right turn lane is planned that will run parallel to the creek, just north of the Central Arkansas Water property at the corner. If approved, the sign should be moved 40' west to avoid future traffic. B. Staff Analysis: The C-3 zoned property on the north side of West Markham Street, approximately 200 feet east of Bowman Road, is undeveloped and grass covered. The property is approximately one-half acre in size, and is owned by the Walgreens Company, who has a store across the 100 foot wide dedicated floodway to the north. The Walgreens Company proposes to construct an off -premise ground -mounted sign on this property for the store to the north. August 25, 2003 Item No.: 3 (Cont. The proposed sign will be located along the West Markham Street property frontage, as noted on the attached site plan. The sign will have a height of 23 feet — 8 inches and an overall area of approximately 94 square feet. The sign will contain an electronic readerboard. There will be a landscaped planter area around the sign's base. Section 36-555(a)(2) of the City's Zoning Ordinance allows one (1) freestanding sign per premise in commercial zoning. Section 36-530 defines an on -premise sign as "a sign which pertains to the use of the premise on which it is located." The City's Zoning Ordinance does not allow off -premise signs. Therefore, the applicant is requesting a variance to allow the off -premise sign as described. Staff does not support the variance request. Staff does not feel that the request is reasonable. Staff feels that the Walgreens Store has adequate visibility from West Markham Street. On July 27, 1998, the Board of Adjustment approved a wall sign without street frontage on the south side of the Walgreens building, to aid in identifying the business from West Markham Street. As a condition of approval, no other ground -mounted signs were to be placed on the property. Although Board of Adjustment approvals do not set precedences, staff feels that if this type of off - premise signage is approved, other businesses will want to follow suit. C. Staff Recommendations: Staff recommends denial of the requested sign variances. BOARD OF ADJUSTMENT: (AUGUST 25, 2003) David Ashley was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. David Ashley addressed the Board in support of the application. He noted that Walgreen owns the property. He noted that the sign on the south side of Walgreen's building would be removed if the new ground -mounted sign were approved. Terry Burruss discussed the requested turn lane location in relation to the location of the proposed sign. Staff explained the future location of the turn lane and noted that there was a water works utility easement at the southwest corner of the property which could not be encroached upon. 2 August 25, 2003 Item No.: 3 (Cont. There was a brief discussion of other locations on the property where the sign could possibly go. Chairman Ruck noted that he would have a hard time supporting the application. He stated that there was much visual clutter in the area of this property. Vice -Chairman Richburg asked if this property and the other Walgreens property (across the drainage easement) were one (1) property, how many signs would be allowed. Staff noted that one (1) sign per street frontage would be allowed. There was a brief discussion related to the past attempts to develop the property. Mr. Ashley noted that from Markham Park Drive to Bowman Road (north side of West Markham) there were no signs. Al Harkins, owner of the property at the southeast corner of West Markham Street and Bowman Road, noted that he approved of the proposed sign. He stated that he did not want this sign request to have an effect on him having a sign on his property. Marie Dugan, of Central Arkansas Water, stated that the sign should not be moved as to encroach into the existing water utility easement. There was a motion to approve the variance, as filed. The motion failed by a vote of 0 ayes, 4 nays and 1 absent. 3