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HomeMy WebLinkAboutZ-8468-A Staff AnalysisJ U N E 29, 2009 ITEM NO.: 7 File No.: Z-8468-A Owner: Bank of the Ozarks and Mainstream Technologies Applicant: Jasper S. Burton, Jr./ Cuerden Sign Co. Address: 325 W. Capitol Avenue Description: Southeast corner of W. Capitol Avenue and S. Spring Street Zoned: UU Variance Requested: An administrative appeal is requested, appealing staff's determination that a proposed sign is a roof sign. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Bank and Offices Proposed Use of Property: Bank and Offices STAFF REPORT A. Public Works Issues: 1. Obtain a franchise agreement from Public Works (Bennie Nicolo, 371-4818) for the private improvements located in the right-of-way. B. Staff Analysis_ The UU zoned property at 325 W. Capitol Avenue contains a three-story office building which previously housed the Federal Reserve Bank facilities. The property is located at the southeast corner of W. Capitol Avenue and S. Spring Street. There is a paved parking lot on the south side of the building. A paved alley is located along the building's east side. Driveways from S. Spring Street and the alley access the parking lot. The building is currently being remodeled for a new property owner, Bank of the Ozarks. As part of the remodeling project, a new canopy structure will be constructed over the building entry at the northeast corner of the building, along JUNE 29, 2009 ITEM NO.: 7 (Con't. W. Capitol Avenue. The canopy will be approximately 12 feet by 41 feet in area, with a height of approximately 16 feet. As a component of the canopy construction, the applicant proposes to place a sign on top of the canopy roof (front edge), as noted on the attached sketch. The sign will be constructed of free standing individual letters of brushed aluminum. The letters will be 21 inches in height and attached to a base plate which will be one (1) foot above the roof line of the canopy. When staff reviewed the proposed sign, staff determined that the sign should be classified as a roof sign, and thus a prohibited sign type as per Section 36-543(7) of the City's Zoning Ordinance. Following is the ordinance language as found in Section 36-543 (prohibited signs) and Section 36-530 (sign definitions): Sec. 36-543. Prohibited signs and sales promotion devices. "The following type signs are prohibited in all districts unless otherwise noted: (1) Abandoned signs. (2) Banners, pennants, festoons, searchlights, except as allowed in section 36-557, sub -section (d). (3) Signs imitating or resembling official traffic or government signs or signals. (4) Snipe signs or signs attached to trees, telephone poles, fences, public benches , or placed on public property or public right-of-way. (5) Vehicular signs. (6) Trailer or temporary signs that do not meet the standards for freestanding permanent signs. (7) Roof signs, or any sign that is not mounted on a vertical surface. (8) Rotating signs. (9) Off -premises signs except as specifically permitted elsewhere in this article." Section 36-530 Definitions "Roof sign means any sign erected over or on the roof of a building." JUNE 29, 2009 ITEM NO.: 7 (Con The applicant is appealing staff's determination that the proposed sign on top of the canopy is a roof sign. The applicant notes the following in the attached I ette r: "However the Bank does request an interpretation of your roof sign classification, the letters mounted on the canopy, which is a structural component of the building do not extend above the building roof line, they are only mounted on top of the glass canopy. I am sure you would agree that they do not extend beyond the fagade of the building, and in no way do they protrude above the building line as does a number of much larger roof signs within the city. Therefore, I respectfully request an interpretation of roof sign determination from the Board of Zoning Adjustment." Section 36-342.1(c )(11) of the City's Zoning Ordinance does allow wall signs in the UU district as per Section 36-553 of the Code. Buildings are allowed to have a wall sign(s) on street facing building facades. Up to 10 percent of the street facing fagade area can be used for a wall sign(s). The definition of a wall sign as per Section 36-530 is as follows: Section 36-530 Definitions "Wall sign means a sign attached parrallel to and extending not more than eighteen (18) inches from the wall of a building. "Wall sign" includes painted, individual letter and cabinet signs and signs on a mansard." The Board of Adjustment is being asked to determine if the sign as proposed by the applicant is a roof sign as defined and prohibited by ordinance, or a sign which should be permitted. BOARD OF ADJUSTMENT: (JUNE 29, 2009) The applicant was present. Prior to staff presenting the item, the applicant stated he wished to withdraw the appeal. A motion was made to accept the withdrawal request. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent.