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4.1 BASR 01-08-2013
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4.1 BASR 01-08-2013
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Case File:V 13-01 Cornerstone Sign variance <br /> Page 3 <br /> their building anywhere on the property not within the setbacks. The petitioner chose to <br /> place this accessory structure away from the front of the lot. <br /> Staff Response 2. More directly, the Comprehensive Plan discusses signage in the <br /> Community Image section of the Plan. Specifically,it states: <br /> "Without public guidance, business signs can diminish the overall image of <br /> commercial districts and corridors." The plan continues: "Local ordinances <br /> should seek a balance between private and public objectives. At a minimum, <br /> the size and appearance of signs should not detract from a positive <br /> community image." <br /> The City completed a comprehensive review of the sign ordinance in 2009 which further <br /> refined signage regulations, the result being a sign ordinance that encourages commercial <br /> communication,but while maintaining the cities community image goals,balancing private <br /> and public objectives. A major departure from these regulations (an increase in signage from <br /> 200 sqft to 484 sqft) cannot be viewed as consistent with the Comprehensive Plan. <br /> Variances may be granted when the petitioner establishes that there are practical <br /> difficulties in complying with the zoning ordinance. Practical difficulties means that: <br /> (3) The petitioner proposes to use the property in a reasonable manner not permitted <br /> by the zoning ordinance; <br /> Staff Response 1. The petitioner states that the variance request is "slightly larger than <br /> permitted..." This is an opinion. In fact, the increase is almost 1.5 times what is allowed. <br /> The use of the property is a car dealership,with accessory car wash and (if permitted) oil <br /> changes. A 2009 review of the sign ordinance confirms that an adequate amount of signage <br /> is allotted to the business. <br /> Staff Response 2. The petitioner cautiously suggests that these two businesses should get <br /> their own 200 square feet of signage. It should be noted that this is an accessory building; <br /> accessory to the principle business, the car dealership. By definition,the functions of this <br /> building is to support the operations of the car dealership, and cannot be considered <br /> separate businesses. <br /> (4) The plight of the petitioner is due to circumstances unique to the property not a <br /> consequence of the petition's own action or inaction; and <br /> The petitioner does not make an argument that the lot is unique. His argument is that they <br /> could add a free standing sign (which they could not,unless a variance is granted), and that <br /> the variance for the larger building sign makes more sense from a recycling standpoint. Staff <br /> appreciates the need to recycle,but a recycling argument does not meet the property <br /> uniqueness argument. <br /> (5) The variance, if granted,will not alter the essential character of the locality. <br /> Staff Response 1. In the Highway Business District, the character is established by wide <br /> setbacks, expansive parking lots, and signage. Significant departures from the ordinances <br /> that define these characteristics cannot help but alter the locality. <br /> N:\Departments\Community Development\Planning\Case Files\Variance\V 13-01 Cornerstone Auto\V 13-01 Cornerstone Auto SR to PC 1-8- <br /> 13.docx <br />
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