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HomeMy WebLinkAboutZ-8437 Staff AnalysisAPRIL 27, 2009 ITEM NO.: C File No.: Z-8437 Owner: Tommy Hilburn Applicant: Greg Criner, Lamar Outdoor Advertising Address: 12005 Westhaven Drive Description: Lot 4, Parkway West Addition Zoned: C-3 Variance Requested: A variance is requested from the sign provisions of Section 36- 556 to allow a billboard with a reduced setback from right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Restaurant. Proposed Use of Property: Restaurant with billboard site. STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The C-3 zoned property at 12005 Westhaven Drive is occupied by a Corky's Restaurant development. The property is located at the southwest corner of Westhaven Drive and Bowman Road. The existing restaurant building is located within the south half of the property, with paved parking on the north, east and west sides of the building. An access drive from Westhaven Drive serves as access. The applicant is proposing to locate an off -premise sign (billboard) along the north property line of the site, as noted on the attached site plan. The sign is to be located within a landscaped island on the east side of the entry drive, near the northeast corner of the property. The sign will be 10 feet by 36 feet in area and approximately 35 feet in height. The sign will be located five (5) feet back from the north property line (along Westhaven Drive) and over 40 feet back APRIL 27, 2009 ITEM NO.: C (CON'T.) from the east (Bowman Road) property line. The applicant notes that the sign will be orientated to traffic along Bowman Road, running perpendicular to Bowman Road. Additionally, the proposed billboard will be located 661' back form the Chenal Parkway right-of-way. Section 36-556(a)(1) of the City's Zoning Ordinance requires that a billboard be located at lest 25 feet back from a public right-of-way in C-3 zoning. Therefore, the applicant is requesting a variance to allow the off -premise sign (billboard) with a reduced setback from the north side property line, along the Westhaven Drive right-of-way. The proposed off -premise sign will comply with all other ordinance standards. Staff is supportive of the requested setback variance associated with the proposed off -premise sign. Staff views the request as reasonable. The applicant is locating the sign along the north property line, and not the south interior lot line, in order to comply with the required minimum 660 foot setback from Chenal Parkway right-of-way, a scenic corridor. The proposed billboard meets the setbacks for an on -premise sign. There are a number of large commercial signs in this general area. Staff does not feel that the addition of the billboard in this commercial area along Bowman Road will have an adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested off -premise sign variance, subject to a permit being obtained for the sign. BOARD OF ADJUSTMENT: (MARCH 30, 2009) Greg Criner was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Mr. Criner added no information to the staff report. Terry Burruss noted that the proposed billboard met the setback requirement from Bowman Road. Scott Smith explained that the billboard could not be located on the site and meet both the minimum setbacks from both Westhaven Drive and Chenal Parkway. Mr. Criner explained that the main intent in locating the billboard was to comply with the minimum setback from Chenal Parkway, a scenic corridor. There was additional discussion related to the proposed location of the billboard. There was a motion to approve the application, as recommended by staff. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the April 27, 2009 Agenda for failing to receive three (3) votes for approval or denial. APRIL 27, 2009 ITEM NO.: C (CON'T. BOARD OF ADJUSTMENT: (APRIL 27, 2009) Greg Criner and Debbie Morales were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Greg Criner, of Lamar Outdoor Advertising, addressed the Board in support of the application. He explained that the billboard location was chosen in order to meet the minimum setback from Chenal Parkway. He explained the topography of the property. Debbie Morales, also of Lamar, addressed the Board in support. She explained how Lamar uses billboards for non-profit organizations when they are not rented to commercial customers. Scott Smith referred to a photo of the proposed billboard as submitted by the applicant. He noted that it appeared the billboard would be very close to the existing restaurant sign. Mr. Criner explained that the billboard would be much further back from Bowman Road than the restaurant sign. He also explained that the proposed billboard is much smaller than the typical billboard. There was a brief discussion concerning on -premise and off -premise signs. There was also discussion about the visibility of the proposed billboard from Chenal Parkway. Mr. Criner noted that the billboard would probably not be visible from Chenal Parkway. James Van Dover explained when the Board could grant variances. He expressed a problem with determining a hardship in this case. There was a brief discussion related to the placement of the sign on the property. Dana Carney, Planning staff, addressed the Board. He explained that staff did not support setback variances from scenic corridors. He also explained that there was another billboard at W. Markham Street and Bowman Road, and the 1,000 foot spacing requirement between billboards. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 3 ayes and 2 nays. The application was approved.