Title
ZV 2018-08, Palm Square Center, 9801 -- 9833 Pines Boulevard, variance request. (Dean)
Summary Explanation and Background
PROJECT DESCRIPTION / BACKGROUND
Frescia Perez, agent for the owner, is requesting a variance to allow six (6) panels on the existing monument sign for the Palm Square Center instead of the allowed four (4) panels. The existing monument sign was approved in 2012 (MSC 2012-27) and it meets current code requirements. The proposed 6 panels would fit within the allowable 48 square feet on the existing sign.
Palm Square Center is located at the northwest corner of Pines Boulevard and NW 98th Avenue; despite their corner location, they are only allowed one monument sign based on the constraints in Sections 155.324(C)(1)(l)(5.)
(a.) The shopping center fronts on two main thoroughfares of at least secondary arterial designation (80 feet right-of-way): or
(b.) The shopping center has a minimum 1,500 lineal feet of frontage along a single thoroughfare.
In addition to the Variance request; the staff is currently reviewing a miscellaneous application request (MSC 2018-26) for a building color change and monument sign modifications consistent with the results of the variance application. This item is tentatively scheduled for the February 14th Planning & Zoning Board meeting.
VARIANCE REQUEST DETAILS:
ZV 2018-11) To allow six (6) panels on monument sign instead allowed maximum of four (4) panels.
Code Reference: §155.324 PERMANENT SIGNS
(C) Business Zoning Districts.
(1) Shopping center signs.
(l) Ground box signs.
3. Each ground box sign shall be no more than 48 square feet in total size and nine feet in total height. The name and street address of the shopping center shall be posted on the top of each sign; however, it shall not be factored into the total square footage or height of the sign. The name and address shall be no larger than nine square feet and one and one-half feet in height. The numbers of the street address shall be no less than six inches in height. If a shopping center does not have a name, the street address shall be included on the sign in accordance with this section. Each ground box sign shall contain no more than four panels not including the name and street address of the shopping center. Each panel shall be limited to two lines of text. Ground box signs may include the property management or leasing information on the base of the sign. Such information shall not be illuminated and have a maximum size of five square feet, which shall not count towards the overall square footage of the ground box sign or count as a tenant. This square footage shall not count against a tenant's overall square footage for a particular shopping center.
VARIANCE DETERMINATION:
The Planning and Zoning Board shall not grant any non-single-family variances, permits, or make any decision, finding, and determination unless it first determines that:
1. Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
2. In the granting of variances, the Planning and Zoning Board shall determine that the variance granted is the minimum variance that will accomplish the intended purpose (stated above) and:
A) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
B) That any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
C) That granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.