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HomeMy WebLinkAboutZ-6689-C Staff AnalysisAugust 28, 2000 Item No.: A File No.: Z -6689-C Owner. Melissa Tanner/Vesta's Address: 300 East Markham Description: Part of Block 35, Original City Zoned: GB Variance Requested: A variance is requested from the sign provisions of Section 36- 353(a) to permit a sign which does not conform to the River Market Design Overlay District Guidelines. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Retail Proposed Use of Pro ert : Retail Staff Report: A. Public Works Issues: No issues related to this sign variance. B. Staff Analysis: This issue is before the Board as the result of action by the Code Enforcement staff. Vesta's is a retail business located in the recently remodeled building at 300 East Markham Street. The site is located in the River Market District. Vesta's occupies the corner of the building with frontage on East Markham and Cumberland Streets. Vesta's has been placing a small, easel -mounted sign within the portico (recessed entry) of the business. The River Market District Design Overlay regulations specifically address allowable signage. The Overlay regulates the number, location and appearance of signs within the District. The easel sign does not conform to district standards. Signage is specifically limited to walls and awnings within the District. Free standing signage is not permitted. August 28, 2000 Item No.: A (Cont.) The sign is approximately 2' X 3' in size and is placed upon an easel. The applicant states the sign will only be placed Vt-during business hours and will be placed in the portico so that it does not obstruct the sidewalk. The sign will be used to show that the store is open, to advertise River Market events and to advertise store specials. The River Market Design Review Committee voted to allow the sign subject to three conditions: 1. The sign is not to be placed in the right-of-way. 2. The sign is to only be placed outside during normal working hours. 3. The sign is not to advertise prices of items. Staff is not supportive of the requested variance to allow the sign. Although the sign is within the portico (recessed entry) of the building, it is still a temporary sign. Temporary signs are not permitted in the City without a special event permit. Staff is concerned that the precedent which could be set by allowing this sign could lead to a proliferation of similar signs in the area. On December 27, 1999, this applicant appeared before the Board with an application for multiple sign variances for sign size, lettering size, illumination and to have a total of 5 signs. Each business is limited to no more than 3 signs in the River Market District. The Board approved some, but not all, of the variances requested. The Board did approve the request to have 5 signs. This proposed easel sign would bring that total to 6 signs, 3 more than permitted in the District. Vesta's now has as much, if not more, signage than other businesses in the District. The Purpose and Intent section of the River Market District Design Overlay states, in part: "Buildings, signs, street furnishings and landscaping should all be designed to complement and encourage pedestrian use during the day and at night. Careful planning is necessary to ensure the proper placement of such items to avoid visual clutter. Visual clutter is not a major problem in the district at present, but good planning anticipates and prepares for future problems, E August 28, 2000 Item No.: A (Cont. especially in consideration of positive economic development. Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes which will attract people to the district." It is staff's opinion that the proposed sign violates the purpose and intent of the River Market District. C. Staff Recommendation: Staff recommends denial of the requested variance. BOARD OF ADJUSTMENT: (JUNE 26, 2000) The applicant was not present. There were no objectors present. Staff informed the Board that the applicant had requested deferral of the item due to a death in her family. The required notices had not been completed. The item was placed on the Consent Agenda and deferred to the July 31, 2000 meeting with a vote of 4 ayes, 0 noes and 1 absent. BOARD OF ADJUSTMENT: (JULY 31, 2000) Gary Langlais abstained on this item. The applicant, Melissa Tanner, was present. There were no objectors present. =Staff presented the item and a recommendation of denial. It was noted that the River Market Design Review Committee had submitted a letter of support on Ms. Tanner's behalf. In that letter, the committee had suggested three conditions to be attached to approval of the sign. Ms. Tanner addressed the Board in support of her variance. She stated that although she had 5 signs, they were smaller than other signs in the district. Ms. Tanner stated that the easel sign was also used to advertise convention center and River Market activities. Fred Gray expressed concern about the number of signs already approved for "Vestals" and asked Ms. Tanner if she would consider "swapping -out" one of her previously approved signs for this 3 August 28, 2000 Item No.: A (Cont.) easel sign. Ms. Tanner responded that she would prefer not to lose one of her existing signs. Scott Richburg asked about several other temporary signs he had seen A the River Market area. Ronyha O'Neal, of the Code Enforcement Staff, responded that those signs would be investigated by the staff. In response to a question from Fred Gray, Ms. Tanner stated that the sign was of no real financial benefit to her business but that it added to the atmosphere of the River Market. There was a brief discussion of the possibility of redoing the existing "Vestals" signs and of removing the word "Vesta's" from the easel sign. A motion was made to allow the easel sign without the word "Vestals" and subject to compliance with the 3 conditions proposed by the River Market Design Review Committee. The vote was 2 ayes, 2 noes, 0 absent and 1 abstaining (Langlais). The item was automatically deferred to the August 28, 2000 meeting. STAFF UPDATE: Melissa Tanner contacted staff on the afternoon of July 31, 2000 and stated that she was "tired of fighting" and wanted to withdraw her request. In light of Ms. Tanner's comments, staff recommends withdrawal of the item. BOARD OF ADJUSTMENT: (AUGUST 28, 2000) The applicant was not present. There were no objectors present. Staff informed the Board that the applicant had requested that the item be withdrawn. The item was placed on the Consent Agenda and approved for withdrawal by a vote of 5 ayes, 0 noes and 0 absent. 4