HomeMy WebLinkAboutDept Report 08-27-01
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Department Report
Board of Zoning Appeals
August 27, 2001
Page 6 of 14
15-17h. Shell Station (V-92-01; V-93-01; V-94-01)
Petitioner seeks the following Developmental Standards Variances:
V-92-01 ZO 25. 7.02-7(b) 2 Special Use signs
V-93-01 ZO 25. 7.02-7(c)(i) 95-square-foot ground sign
V-94-01 ZO 25.7. 02-7(d) (i) 9' 4" ground sign
The site is located at 3202 East 96th Street and is located partially within the SR
431/Keystone Avenue Overlay Zone.
V-92-01-Section 25. 7.02-7(b): Number & Type - Petition to allow two Special Use
Signs.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Sign Ordinance
(ZO Section 25.7; Z-302), the appropriate number of signs for a Special Use
located on a parcel less than five acres in size is one (1), ten-sQuare-foot
Identification Sign.
The appropriate number of signs for a single-tenant building, however, is
prescribed as one Identification Sign per frontage on a public street. The Shell
site has frontage on East 96th Street and North Keystone Avenue; therefore, if it
were not a Special Use, the structure would be permitted two Identification Signs.
Injury to the general welfare would only be sustained through the granting of
more than two identification signs. Injury to the general welfare would be
sustained through the granting to the property owner the ability to establish
signage that is not permitted other occupants of single-tenant buildings in the
community. It is, therefore, the Department's opinion that there will be no injury
to the public health, safety, morals and general welfare of the community through
the granting of this petition.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of two identification signs on this site.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
As observed previously, injury would be done through the denying to the property
owner the ability to establish signage that is permitted other occupants of single-
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Department Report
Board of Zoning Appeals
August 27,2001
Page 7 of 14
tenant buildings in the community. That being the case, practical difficulty does
exist on this site.
V-93-01 - Section 25. 7.02-7(c)(i): Maximum Sign Area - Petition to allow a 95-square-
foot Identification Sign.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Sign Ordinance
(ZO Section 25.7; Z-302), the appropriate sign area for a Special Use on property
less than five acres in size is prescribed as ten (10) square feet.
The appropriate sign area for a single-tenant building identification sign in the
given location (51 feet from a Freeway), however, would be forty (40) square
feet. Injury would be done through the granting to the property owner the ability
to establish signage of a size that is not permitted to other business owners in the
community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of a 95-square-foot identification sign.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
As observed previously, injury would be done through denying to the property
owner the ability to establish signage that is permitted other occupants of single-
tenant buildings in the community. The opposite is also true - injury would be
done through the granting to the property owner the ability to establish signage
that is not permitted other occupants of single-tenant buildings in the community.
That being the case, practical difficulty does exist on this site, but not to the extent
that a sign greater than forty (40) square feet in size should be permitted.
V -94-01 - Section 25.7. 02-7(d)(i): Maximum Height of Ground Sign - Petition to allow
a 9' 4" Identification Sign.
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Department Report
Board of Zoning Appeals
August 27, 2001
Page 8 of 14
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Sign Ordinance
(ZO Section 25.7; Z-302), the appropriate height for a Special Use sign on
property less than five acres in size is prescribed as five (5) feet.
The appropriate sign height for a single-tenant building identification sign in the
given location, however, would be six (6) feet. Injury would be done through the
granting to the property owner the ability to establish signage of a size that is not
permitted to other business owners in the community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of either a 6' or a 9' 4" identification sign.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
As observed previously, injury would be done through denying to the property
owner the ability to establish signage that is permitted other occupants of single-
tenant buildings in the community. The opposite is also true - injury would be
done through the granting to the property owner the ability to establish signage
that is not permitted other occupants of single-tenant buildings in the community.
That being the case, practical difficulty does exist on this site, but not to the extent
that a sign greater than six (6) feet in height should be permitted.
The Department recommends favorable consideration of Docket No. V-92-01
given the findings expressed above.
The Department recommends that Docket No. V-93-01 be given favorable
consideration for a maximum of forty (40) square feet given the findings expressed
above.
The Department recommends that Docket No. V-94-01 be given favorable
consideration for a maximum height of six (6) feet given the findings expressed above.
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