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Item 10BCity of Southlake Department of Planning STAFF REPORT September 28, 2005 CASE NO SP 05 -223 PROJECT: Sign Variance for Clearview Eyecare & Laser Center REQUEST: Variance to the Sign Ordinance No. 704 -B requirements for maximum letter height for attached signs. The specific variance requested is as follows: Sign Reg. Permitted Requested Maximum Letter Height 12 inches 18 inches ACTION NEEDED: Consider variance request. ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Site Plan Building Elevation & Sign Detail Adjacent Signs Sign Variance Application STAFF CONTACT: Dennis Killough (748 -8072) Ken Baker (748 -8067) Case No. SP 05 -223 BACKGROUND INFORMATION APPLICANT: Wallace Ryne, Clearview Eyecare & Laser Center and Paul McClure, Identitec OWNER: Wallace Ryne PROPERTY SITUATION: The property is located on Lot B, Block B, Briarwood Estates along the S.H. 114 access road. The address is 2100 East S.H. 114. REQUEST: The applicant is proposing an attached sign on the south side of the building facing S.H. 114. The proposed sign will have a letter size greater than permitted under Sign Ordinance No. 407 -B. Approval of a variance is required in order to receive a building permit for this sign. STAFF COMMENTS: The sign criteria, building elevations, site plan and application are attached to this report. The following variance to Sign Ordinance No. 704 -B is requested: • Ord. 704 -13, Section 16.A.2 MAXIMUM LETTER/LOGO HEIGHT The maximum permitted letter height is 12 inches for a sign less than 100 feet from the right -of -way or vehicular driveway access. The store front is approximately 99 feet from the property line. The maximum permitted letter /logo height is 12 inches. The applicant is requesting a maximum letter height of 18 inches. The City Council may authorize variances in accordance with the following provision of the Sign Ordinance No. 704 -13, Section 14, Variances: 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. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self - imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the Sign Ordinance by filing the request with the Building Official. Any request for variance shall 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. COUNCIL ACTION: Consider variance request. Case No. SP 05 -223 Attachment A Page 1 N: \Community Development \MEMO \SIGNS \2005 \SP05 -223 Clearview Eyecare.doc Case No. SP 05 -223 Attachment A Page 2 Vicinity Map Clearview Eyecare &Laser Ctr. I L Case No. SP 05 -223 1F Attachment B Page 1 1000 0 1000 2000 3000 Feet S ite Plan Case No. SP 05 -223 Attachment C Page 1 18" & 12 -114'' CAF5 15 LENGTH A -I 6� a U CC Li L ,Y, L LL � I L r i L<,�J i �.r , LL , _ JJ1 1+ T , ; _I � _ku- --LL_1 L, A l AL+ s J L .1 � —LLB �, I � {' � , , • i{ �� ' r [ JII[ IITT�J�1TiT]] fiimiTliTiT '1[ll�IM'ffTIT1�l�1]lll .� � l a i r it � !o M O N zN �o U v ELECTRICAL CONTRACTOR: 5TRUCTURE. & INTERIJR5 ELECTRIC COMPANY Proposed Sign — View from S.H. 114 Access Road k' Xui:x P Case No. Attachment D SP 05 -223 Page 2 Neighboring Signs —12 inch letters R� Neighboring Sign — 9 inch letters Case No. SP 05 -223 L— Attachment E Page 1 Sign Variance Application Demonstration Please demonstrate that the foll9w[Mconditlons am applicable to the requested si n variance: 1. That a Kral enforcement of the sign regulation will crate an unnecessary hardship or Practical difficulty on the applicant. Through trial and error tests with sample letters, the owner and sign company have determined that the minimum required height of the attached main identification lettering ( "CLEARVIEW") must be 18" tali in order to be effectively visible and legible to passersby on Highway 114. The sign ordinance specifies that in order for a business to benefit from 18" tall attached letters, the signage must be located at least 109 feet behind the Right of Way. The only practical location for the signage on this building is 99 feet behind the R_O.W., which would restrict those letters to only 12" tall (33% smaller), which is insufficient for identification purposes. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. One of the unique factors of this property compared to most others in Southlake is the existance of an access road running between the proposed signage and its intended audience (Highway 114)_ Unfortunately for this particular business site, the current R.O.W. is set based on the location of the access road, not the primary road which is considerably further away from the property line and the building signage. 3_ That the variance will not injure and will be wholly compatible with the Use and permitted devetoprnent of adjacent properties. Granting this variance for the Conditional Sign Permit will have no adverse effect on adjacent properties, many -- perhaps the majority —of which already enjoy signage letters of 18" tall or greater. 4. That Die variance will be in han nony with the spirit and purpose of the sign ordinance. Aside from this request that the City treat our existing 99 -foot setback as if it were one foot further (199 feet), all other aspects of the proposed attached signage do conform fully with the existing sign ordinance. Case No. SP 05 -223 Attachment F Page 1