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SB Item 5Case No. SV19-0017 S T A F F R E P O R T January 31, 2020 CASE NO: SV19-0017 PROJECT: Sign Variances for Ozeki Ramen & Sushi Izakaya EXECUTIVE SUMMARY: EKLC Inc. is requesting approval of variances to Sign Ordinance No. 704, as amended, for Ozeki Ramen & Sushi Izakaya located at 432 Grand Avenue West, Southlake, Texas. DETAILS: Ozeki Ramen & Sushi Izakaya is located at the northeast corner of Grand Avenue West and Plaza Place in the tenant space previously occupied by Taco Diner. The applicant is requesting variances to Sign Ordinance 704, as amended, to allow a painted sign above the store front entrance of their lease space as well as a painted decorative wood panel on the west elevation. Specifically, under Sign Ordinance 704, as amended, signs directly painted on buildings are prohibited with the exception of signs that are less than five square feet used for building identification. Currently, under the Southlake Town Square Grand Avenue District sign regulations, Non-Conforming Signs, certain signs, while not technically meeting the requirements set forth, will nonetheless be considered for approval on a case-by- case basis. Staff has determined that the proposed painted signs would require City Council approval. All other existing signage currently on the building is compliant. Below is a summary of the requested variances: Proposed Signs Sign Ordinance 704-J Southlake Town Square Grand Avenue District Regulations Painted sign directly painted over store front entrance of building (not intended for the purpose of identifying physical building) Prohibited sign Non-Conforming Sign, to be considered on a case-by-case basis Painted decorative wood panel sign attached to the west elevation. Prohibited sign Non-Conforming Sign, to be considered on a case-by-case basis Case No. SV19-0017 ACTION NEEDED: Consider Approval of Requested Variances ATTACHMENTS: (A) Background Information (B) Vicinity Map Presentation Demonstration Supporting Document STAFF CONTACT: Dennis Killough 817-748-8072 Lorrie Fletcher 817-748-8069 Case No. Attachment A SV19-0017 Page 1 BACKGROUND INFORMATION APPLICANT: EKLC Inc. OWNER: RPAI Southwest Management LLC PROPERTY SITUATION: 432 Grand Avenue West HISTORY: November 1998 – Phase I Sign Regulations adopted March 1999 – Phase II Sign Regulations adopted November 2005 – Grand Avenue Sign Regulations adopted West Side District painted directional signs (3). September, 2001; permit issued for Larry North Fitness painted sign. December 11, 2009; permit issued for Jack’s Porch painted signs (2). March 20, 2012; City Council approved a variance request for a painted sign for All American Family Fitness. (SV12-004) Case No. Attachment A SV19-0017 Page 2 November 4, 2014; City Council approved a variance request for a painted sign for Columbia Sportswear. (SV14-015) December 5, 2017; City Council approved a variance request for a painted sign for Dance With Me. (SV17-014) March 19, 2019; City Council approved a variance request for a painted sign for Johnny Was (SV19-0002) STAFF COMMENTS: City Council approval of the proposed sign does not eliminate the requirement for appropriate sign application submittal prior to the installation of the sign. Please contact Seantay Carpenter at 817-748-8215 or scarpenter@ci.southlake.tx.us for sign application processing and pre-install inspection. VARIANCE CRITERIA: 9.6.2 VARIANCES a. Variance Authorized. The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. b. Approval Standards. In granting any variance, City Council shall consider the following criteria: (i) Special conditions exist which are peculiar to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same zone. The City may attach Case No. Attachment A SV19-0017 Page 3 such conditions to granting all or a portion of any variance necessary to achieve the purpose of this ordinance, and; (ii) The strict interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of the ordinance, and; (iii) The special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconveniences, and; (iv) Granting the variance will meet the objectives of the ordinance and not be injurious to the adjoining property owners or otherwise detrimental to the public welfare, and; (v) The request will be the minimum variance necessary to alleviate the special hardship or practical difficulties faced by the applicant in meeting the requirements of this ordinance; and; (vi) Granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. (vii) Granting of a variance shall be specific to the subject sign(s). Any modification of the signage approved by the variance or the installation of new or replacement signage that does not meet the specific requirements of the City Council variance approval is prohibited and will be deemed non-compliant. Application Process. Any request for a variance shall be made to the Administrative Official and be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council. The sign variance will be considered by the City Council following a recommendation by the Sign Board. The Sign Board’s recommendation will be forwarded to the City Council for their consideration. N:\Community Development\MEMO\Signs\Conditional Sign Permits\Town Square\SV19-0017 - Ozeki\Sign Board\SB Item 5 - Ozeki.docx Case No. Attachment B SV19-0017 Page 1