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HomeMy WebLinkAbout2003 05 12 Regular D Waive Application Fees for Signage "'". ?"~ 'lit COMMISSION AGENDA ITEM D Consent Information Public Hearin Re ular x May 12. 2003 Meeting MGR. p-/ /Dept. REQUEST: Community Development Department- Planning Division, presents to the Commission, a request to waive Application Fees for Signage Setback Variances in the S.R. 434 Corridor Overlay District where the existing signage is compliant with the code except for the setback provision and where compliance with the setback provision creates an unnecessary hardship on the applicant. PURPOSE: The purpose of this agenda item is to consider waiving the fee associated with an Application for a Variance when the request relates only to the setback requirement for existing signage in the S.R. 434 Corridor Overlay District where the setback can not be met without undue hardship and where the existing signage meets the other conditions set forth in the Code. APPLICABLE CODE / RESOLUTION: Fees Resolution No. 2001-45 Section 1. Zoning & Planning Variance $500 Sie:nae:e Setbacks (S.R. 434 Overlay Zoning Districts) Sec. 20-470 (l)b & (2)b (New Development Overlay Zoning District) Shall be located no closer than fifteen feet from the front, side or rear property lines. Sec. 20-486 (l)b & (2)b (Redevelopment Overlay Zoning District) Shall be located no closer than ten feet from the front, side or rear property lines. Sh!naf!e Variances (S.R. 434 Overlay Zoning Districts) Sec. 20-470 (5) & Sec. 20-486 (5): ... The Board of Adjustment shall recommend variances of this sign code in specific cases where such variances will not be contrary to the public interest and where, due to special conditions, a literal translation of this sign code would result in .~ .,,-. :# ., May 12,2003 Regular Item D Page 2 unnecessary hardship. All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances. Noocooformioe Sieos (S.R. 434 Overlay Zoning Districts) Sec. 20-470 (18) & Sec. 20-486 (18) b. At or prior to November 14, 2002, all nonconforming signs shall be removed and may be replaced with signs that conform to the design standards set forth in the S.R. 434 New Development regulations. (Ordinance No. 2000-17,Dealing with Nonconforming Signs in the State Road 434 Corridor District was passed on June 12, 2000, requiring sings to be compliant by November 14, 2002.) CONSIDERATIONS: In some cases, circumstances exist within the S.R. 434 Corridor Overlay District where the setback can not be met without undue hardship. The location of the existing building aild parking, do not allow a setback area for the signage without impeding the vehicular circulation. The existing signage is in good repair and meets the other criteria established within the code. FINDINGS: Application for a Variance allows review on a case-by-case basis for consideration, where it is determined that there is a difficulty in applying the code. The waiving of the Variance Application Fee does not negate the process which considers that appropriateness of the variance request. RECOMMENDATION: Staff recommends Approval of the request to waive Application Fees for Signage Setback Variances in the S.R. 434 Corridor Overlay District where the existing signage is compliant with the code except for the setback provision and where compliance with the setback provision creates an unnecessary hardship on the applicant. ,.j ATTACHMENTS: None. COMMISSION ACTION: