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Merchants' Pointe, Lot 2 - O'Charley's (V-99-01)
Petitioner seeks a Developmental Standards Variance of Section 25.7.02-8(b): Number &
Type in order to allow three (3) identification signs to be established. The site is located
at 2293 East 116th Street. The site is zoned B-8/Business.
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 single-tenant
building is prescribed as one identification sign per frontage on a public street.
The O'Charley's site has frontage on East 116th Street and Pointe Parkway;
therefore, it is only permitted two (2) identification signs. Injury to the general
welfare would be sustained through the granting of a third identification sign
without practical difficulty being demonstrated. Furthermore, 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.
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 third identification sign.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
There is no evidence to suggest that there is practical difficulty posed by the
installation of two identification signs per code rather than three. Two signs
would be oriented to the same frontage, being essentially redundant.
The Department recommends negative consideration or this petition given the
Findings-or-Fact expressed above.
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