4.2. BA AGENDA 11-10-2009 - Laserfiche WebLink

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Case file: V 09-07 r?lk ltivcr l=ord Page 3 Area Identification s.~ variance Applicable Regulations Variance Criteria 7. Literal enforcement of the ordinance will cause undue hardshib. Signage is an important aspect of nearly all commercial businesses. The City must balance the needs of an individual business with the needs of businesses in the immediate area, as excessive signage leads a perception of clutter, may be confusing, and detracts from the image of the community. The ordinance establishes clear sign regulations that provide several options for signage for each business. Literal enforcement of the ordinance would allow 4 signs total. The The applicant has to prove that the 5`'' sign is a hardship. The 4 signs permitted could advertise Ford, Chrysler, Kia, Mahindra. The applicant chooses the use of one of their signs for changeable copy. Hardship based on literal reading of the ordinance is not strictly demonstrated. 2. The hardrhih is cazrsed by sbeclal conditions and circumstances which are beculiar to the ~r_o_~erty and the structure anvolved and which are not characteristic o or a~t~licable to other lands or structure in the ,came area The property is unique in that there are few large parcels within the community with long frontages on Highway 10, and Highway 169. In response, the City- drafted an ordinance designed to give these properties special consideration. The subject property% is not more unique than the other businesses with the same considerations. 3. "lhe .rbecial conditions and circumstances are not a consequence of the~etitioner's oavn action or inaction Signs #1, 2, and 5 are existing signs. It is impossible to fit 2 more signs between sign #2 and sign #5 while preser~-ing the setback requirement. Sign #2 was installed prior to the separation requirement. If given the opportunity, it it likely that the 150 foot separation would have been maintained. 4. The literal abt~lication of the brovisions of this ordinance would derive the 1~etitioner o, f rights enZoa ed b other t~ro~ertie.r an the same dzstnct under- the terms o~this ordinance No other lots in the immediate area have the necessary frontage for multiple freestanding signage. Throughout the City, similar businesses have less freestanding signage. If approved, this business would have the most freestanding signage in the City. 5. The variance avill not be iniurious to or adversely affect the health safety or sve~are o~the residents of the city or the nernhborhood where the bro~erty i r located and will be in keeling with rbirit and intent of the ordinance The purpose behind sign regulations is that in the absence of sign regulations, the ability of signage to inform the public is lessened as each sign competes with another. A good example may be found in the large changeable copy sign on the subject site (with its animated copy, brighter lighting, and larger size) overshadows the other signage on the property. This competition can confuse traffic. The concern with a proliferation of signage is the question, when is enough? S:APLANNING M:11N\Case Files\Variance\V U9-07 F,lk River Foxd\BOA staff report ll-1U-U9.doc