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HomeMy WebLinkAbout2000 04 06 Regular Item A BOARD OF ADJUSTMENT AGENDA ITEM A April 6. 2000 REQUEST: Community Development Department, Land Development Division, presents to the Board of Adjustment the request of Jacobson, McClean, Chmelir & Ferwerda for a variance to Section 20-466(b)(2) of the SR 434 CorridorVision Plan, Redevelopment Area to allow a ground mounted single-tenant sign to be located closer than ten (10) feet from the front, side or rear property line. PURPOSE: The purpose of this agenda item is to consider a variance request of Jacobson, McClean, Chmelir & Ferwerda and then recommend to the City Commission their findings on the variance request which would allow a ground mounted single- tenant sign to be located closer than ten (10) feet from the front, side or rear ) property line as stated in Section 20-466(b)(2) of the SR 434 Corridor Vision Plan, Redevelopment Area. The sign is located at 351 East SR 434. APPLICABLE CODE: Section 20-466 Signs. (b) Ground Mounted Single-Tenant Identification Sign: One (1) wide-based monument style permanent project identification sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in access of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. (2) Shall be located no closer than ten (10) feet from the front, side or rear property lines. NOTE: A survey was not furnished, but the sign in question appears to be on the property line, or may even be in the SR 434 right of way. (e) Additional Signs/Variances: Under special circumstances, such as for parcels on corner lots, additional signs consistent with these design standards may be approved by the City Commission, upon a request submitted to the Board of Adjustment pursuant to Sec. 20-82 and 20-83 of the City Code. The Board of Adjustment shall recommend variances of this sign code in specific cases where April 6, 2000 BOA AGENDA ITEM A Page 2 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 unnecessary hardship. All requirements, procedures, findings and appeals of sign cole variances shall follow those provisions for zoning variances. Section 20-82. Duties and powers, general. The board of adjustment shall make recommendations to the city commission to grant any variance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a. b. c. To recommend upon appeal such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to recommend any variance from the terms of this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are . not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant. . 3. That granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant. April 6, 2000 BOA AGENDA ITEM A Page 3 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. d. ..... (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. (3) Under no circumstances shall the board of adjustment recommend the granting of a variance to permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning classification or district, and no permitted use of lands, structures or buildings in other zoning classifications or districts shall be considered grounds for the authorization of a vanance. (4) (5) Section 20-83 Procedures. (a) Upon receipt, in proper form and with appropriate fees, an application for a variance, special exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such application for consideration at a public meeting. (b) All such applications will be processed within sixty (6) days of receipt of same. April 6, 2000 BOA AGENDA ITEM A Page 4 (c) All meetings for consideration of a variance, special exception or conditional use shall be noticed for at least seven (7) days prior to the date of the meeting in the following manner: (1) Posting the affected property with a notice of the meeting which indicates the matter to be considered. (2) Posting in city hall a notice of the meeting which indicates the property affected and the matter to be discussed. (3) At least seven (7) days prior to the meeting, the board of adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet of the property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance, special exception, or conditional use requested, and must require proof of delivery. (d) All interested persons shall be entitled to be heard at such meetings or to be heard by written statement submitted at or prior to such hearing. ( e) In the event a special exception, variance or conditional use is not authorized by ordinances of the city, the person requesting the unauthorized action must submit an application pursuant to section 20-28. (t) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations. Such appeal shall be taken within thirty (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers or other material constituting the record upon which the action appealed from was taken. (g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and make recommendations to the city commission for the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception shall be handled by the board of adjustment the same as for appeals. April 6, 2000 BOA AGENDA ITEM A Page 5 (h) An variance, special exception or conditional use which may be granted by the council shall expire six (6) months after the effective date of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the aforesaid six- month period. However, the city commission may renew such variance, special exception or conditional use for one (1) additional period of six (6) months, provided good cause is shown and the application for extension shall be filed with the board at least thirty (30) days prior to the expiration of the six-month period. Any renewal may be granted without public hearing, however, a reapplication fee may be charged in an amount not to exceed the amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed, and a building permit based upon and incorporating the variances, special exceptions or conditional uses has not been issued prior to expiration of such time limit. CHRONOLOGY: August 20, 1999 - Application received for sign to be installed ten (10) feet from property line August 22, 1999 - Warning Notice issued for sign installed in location different than that permitted . November 16, 1999 - Code Enforcement Hearing - Owners found in non- compliance, given 120 days to receive a variance, not apply for a variance (date is March 14,2000). March 13, 2000 - Owner applied for a variance. FINDINGS: 1) The applicant states that the lay of this particular property precludes proper visibility due to the curvature of SR 434. 2) A sign variances have been granted in the SR 434 Corridor (Redevelopment Area) through a Development Agreement. 3) A Development Agreement is allowed under The SR 434 Corridor Vision Plan, Redevelopment Area. The operative sections of the Vision Plan are: April 6, 2000 BOA REGULAR AGENDA ITEM A Page 6 Section 20-470 Development Agreement Any developer may propose to enter into a developer's agreement with the City designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development. Such Development Agreement shall be reviewed and approved by the City Commission. The City Commission may vary the standards of this ordinance, including building or perimeter setbacks, parking standards, signage, and other standards. If an increase in building height beyond thirty-five feet is requested, the City Commission must find that Fire Department capabilities are adequate to address the change. Such consideration shall be based on building site constraints or physical characteristics of the property, provided specifically, however, that any such concessions for a constrained site shall only be considered by the City Commission in a Development Agreement if enhanced perimeter landscaping or buffering is provided to assure that the objectives of this ordinance are achieved. Section 20-471 Corridor Design Review Board The Development Review Committee shall serve as the Corridor Design Review Board for development in the Redevelopment Area Overlay Zoning District of the S.R. 434 Corridor and shall review such developments for a unifying theme according to the design standards and make recommendation(s) to the Planning and Zoning Board. The Design Review Board shall review and make a recommendation regarding any proposed Development Agreement pursuant to Section 20-470 of this Code. 4) The Board is to decide whether or not the requirements listed in Section 20- 82(1)(c) have been met. 5) The requirements of Section 20-83(c) have been met. RECOMMENDA TION: That the Board take one of the below listed actions: 1) If the Board finds that the requirements listed in Section 20-82( 1)( c) have been satisfied, then the recommendation to the City Commission is for approval. April 6, 2000 BOA AGENDA ITEM A Page 7 2) If the requirements of Section 20-82(1)(c) are not met, then the recommendatiori to the City Commission is for disapproval. Further, The Board of adjustment recommend to the City Commission that this request be considered under Sections 20-470 and 20-471 which address Development Agreements. ATTACHMENTS: None BOARD OF ADJUSTMENT ACTION: