HomeMy WebLinkAboutZ-6724 Staff AnalysisSeptember 27, 1999
Item No.: 1
File No.: Z-6724
Owner: Mary Ellzey or Lisa Phillips;
Young At Art
Address: 2911 Kavanaugh
Description: Part of Block 37, Pulaski Heights
Addition
Zoned: C-3
Variance Requested: A variance is requested from
the sign provisions of Section
36-555 to permit an additional
ground -mounted sign.
Justification: Applicant's Statement: We are
requesting a variance from the
requirements of the Zoning
Ordinance. We would like to keep
our sign in front of our shop. The
sign has been in place for 2 '-!!
years with no complaints that I am
aware of.
Our shop is in a building with
three other businesses. Each
business has a sign next to the
sidewalk (but not hanging over).
Please take this into consideration
when making the decision.
Present Use of Property: Retail
Proposed Use of Property: Retail
Staff Report:
A. Public Works Issues:
None related to this sign variance issue.
September 27, 1999
Item No.: 1 (Cont.)
B. Staff Analysis:
The C-3 zoned property at 2911 Kavanaugh is occupied by four
businesses. Two of the businesses have legal, nonconforming
ground -mounted signs located in the front yard of the
property. The site has a history of having 2 ground -mounted
signs predating the current sign regulations (1983).
Recently, the other two businesses erected their own signs,
making a total of 4 ground -mounted signs, each approximately
6 feet in height and 8-12 square feet in area. The
provisions of Section 36-555 limit a commercial property
this size to 1 ground -mounted sign. (The site has two due
only to nonconformity.)
Once the two businesses which own the two new signs were
advised of the violation, one of them, B.A., Inc., removed
their sign, leaving three signs. Young At Art, the business
which owns the remaining "new" sign has chosen to request a
variance to allow the additional sign to remain.
The applicant states that her sign has been in place for 2 It
years- with no complaints. The violation was brought to Code
Enforcement's attention by another staff member.
Staff is not supportive of the requested variance. Allowing
multiple ground -mounted signs on this small (60' wide) site
creates a cluttered situation which is in conflict with the
purpose and intent of the sign regulations. Rather than
each business having its own small ground -mounted sign, it
would be better for the businesses to go together and erect
one, larger sign that would provide space for each business.
C. Staff Recommendation:
Staff recommends denial of the sign variance as requested.
BOARD OF ADJUSTMENT:
(SEPTEMBER 27, 1999)
Lisa Phillips, co-owner of "Young At Art" was present
representing the application. There were no objectors present.
Staff presented the item and a recommendation of denial.
Ms. Phillips addressed the Board in support of her application.
She stated the sign had been up for nearly three years. Ms.
Phillips stated that her building sat back from the street and
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September 27, 1999
Item No.: 1 (Cont.
was hidden by the adjacent buildings which are built to the front
property line. She stated that the sign was needed since a wall
sign on -the building was not particularly visible.
William Ruck asked what possibility there was of working with the
property owner to build one ground -mounted sign to serve all of
the building's tenants. Ms. Phillips responded that the landlord
wouldn't even fix the plumbing and she didn't think it would be
possible to work with him on the sign issue.
There was then a brief discussion of the sign history of the
site. Ms. Phillips stated that there was only one other ground -
mounted sign on the property at the time she erected her sign.
She acknowledged that she did not obtain a sign permit. It was
determined that a subsequent ground -mounted sign was erected,
with a sign permit, and since the site had a history of having
two ground -mounted signs, staff assumed that the two signs which
had permi=ts were the only two allowed. Since Ms. Phillips sign
had never received a permit, it was not allowed.
Fred Gray suggested that Ms. Phillips approach "Young Life" an
office use with one of the ground -mounted signs, about taking
over their sign, since the office use would not be as dependent
upon walk-in traffic as "Young At Art."
Norm Floyd suggested again that the businesses get together about
building a combined tenant sign.
Kenny Scott, Chief of Sign and Zoning Enforcement for the City,
stated that he would work with the applicant to find an option
short of having a separate ground -mounted sign.
Ms. Phillips then stated that she was withdrawing her variance
request.
A motion was: made to accept the applicant's request to withdraw
the application. The motion was approved by a vote of 4 ayes,
0 noes and 1 absent.
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