4.1 BASR 08-13-2013 - Laserfiche WebLink

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all districts, therefore, there proposed sign is permitted. Of the six signs that are listed, five are specific sign types,with two of those having time limits to be erected. None of the six just list a freestanding sign as a sign type. The city attorney does not agree, as indicated is his memo dated July 30,2013. In summary,it states Section 30-872 is the more specific ordinance and,pursuant to Section 30-860(e), prevails over the general regulations in Section 30-866 and there are no performance standards in Section 30-872 for free-standing or monument signs. The applicant raised a point to staff's second reason for denial, that there are no regulations for the size, height, and setbacks in the DD (Sec. 30-872). The applicant cited Sec. 30-867 as clearly defining the setbacks (which it does) and that the size and height would be regulated by a Conditional Use Permit (CUP) at the City Council level. The Council may only review a CUP for uses allowed as conditional uses per city ordinance. The only reason the proposed sign would be considered for a CUP is that the changeable copy exceeds 30 square feet. There are no performance standards for free-standing or monument signs in Sec. 30-872 to regulate that sign type. The applicant cited a portion of Section 30-852 (a)...to recognize the commercial communication requirements of all sectors of the business community, to encourage the innovative use of design, to promote both renovation and proper maintenance, to allow for special circumstances and to guarantee equal treatment under the law...and stated city staff is accomplishing zero of those things with denial. The applicant stated the sign utilizes emerging and innovative technology. The applicant did not indicate what those technologies were,but staff guessed they were referring to the use of LED lighting that is commonplace in signs now. Regardless,that text is not to be applied that a new technology is exempt from written city code,it merely establishes the purpose of the ordinance in general terms,which the more define criteria are derived. Referencing the special circumstances, the applicant declared we can all agree that Granite Shores is a special circumstance. Staff does not agree that a mixed use building in a downtown district is a special circumstance,in fact, that it is common building type in an urban fabric. If there are special circumstances on or with any property, the variance process is intended to address those circumstances. The applicant discussed that the proposed sign is designed the same as the Rivers Edge Commons Park and related this to the guarantee equal treatment under the law. Staff believes they were trying to compare what the city did with its kiosk in Rivers Edge Commons Park and what they are proposing for signage. The applicant maintains the park kiosk has zero effect on anyone's job and zero effect on anybody's income and the city does not have to follow the same rules as the businesses downtown,which they felt is kind of"shoddy". The park kiosk advertises civic events that bring people downtown the same as the proposed sign would advertise (10% of the time) civic events that bring people downtown. Per City Attorney Beck, the Rivers Edge Commons Park sign/kiosk is an official government sign which is exempt from this subdivision. Staff did not base its denial on Section 30-852 (a). The applicant said that there are 15 freestanding signs in downtown and the majority were up prior to the 2002 adoption of the DT ordinance. Staff only identified nine freestanding signs in the downtown district,with three of those on one property. The applicant also noted there are two "freestanding signs" at a downtown business. As a follow up to this point raised by the applicant, staff verified the type, location and approval of those two signs. As no permits were issued, these signs are thought to be portable "A-frame" signs. Although the DD zoning allows portable "A-frame" signs, these signs do not meet the ordinance requirements. They are too large and they can only have one. Staff did contact the N:\Departments\Community Development\Planning\Case Files\V\V 13-04 Granite Shores\V 13-04_staff report granite shore decklan group 8-13- 13.docx