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Item 10CCity of Southlake Department of Planning STAFF REPORT March 24, 2004 CASE NO: SP 04 -040 PROJECT: Texas Nations Title REQUEST: Variance to the Sign Ordinance No. 704 -A. ACTION NEEDED: Consider variance request. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Site Plan (D) Building Elevation & Sign Detail (E) Sign Variance Application STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. SP 04 -040 BACKGROUND INFORMATION OWNER/APPLICANT: Texas Nations Title PROPERTY SITUATION: Texas Nations Title is located in the Gumm- Scifres Professional Office development on the southwest corner of E. Southlake Blvd and S. Village Center Dr. The property address is 100 S. Village Center Dr. REQUEST: The applicant is proposing a banner sign on the east side of the building facing S. Village Center Dr. The applicant is requesting that the proposed banner be permitted to stay longer than allowed. 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 applications are attached to this report. The following regulations for the Variance have been proposed for Texas National Title: • Ord. 704 -A, Section 21.A.2.c DURATION Banner signs are permitted for a maximum of fifteen (15) days, twice per calendar year with a sixty (60) day separation between permits. The applicant is requesting the banner be permitted to stay for up to 7 weeks. The City Council may authorize variances in accordance with the following provision of the Sign Ordinance No. 704 -A, 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. N: \Community Development \WP - FILES \MEMO \SIGNS \SPO4 -040 Texas Nations Title.doc Case No. SP 04 -040 Attachment A Page 1 Vicinity Map Texas Nations Title 1V wJ Case No. SP 04 -040 Attachment B Page 1 T aced � �uaaigae��`d ' pia p gg Q CRC tlY �, S e G O r a Ob0 as -ON aSUD M ixg 0 a. a, sure rso���ss % A OFFICE CONCEPT L I GUMMPROFESSIONAL �, g LOT 1, BLOCK 1 AND LOTS 2, 3 & 4 - BLOCK 2 GUMM SCIFRES ADDITION � 0 9 SOUTHLAKE, TEXAS 1 ' - I 11�� IQ ' pia p gg Q CRC tlY �, S e G O r a Ob0 as -ON aSUD M ixg 0 a. a, sure rso���ss % A OFFICE CONCEPT L I GUMMPROFESSIONAL �, g LOT 1, BLOCK 1 AND LOTS 2, 3 & 4 - BLOCK 2 GUMM SCIFRES ADDITION � 0 9 SOUTHLAKE, TEXAS SITE EXHIBIT Sketch /Croquis/ Sosquejo ®IRMEMO® ■ MMEM -® ■OMMMO® Grid scala: 8:1 /tchelle de quadrillag: 8:llescala da cuadricula 8:1 SIGN DETAIL _ 'F . N t�ions Title Case No. Attachment D SP 04 -040 Page 1 Demonstration Please demonstrate that the following conditions are applicable to the requested sign variance: 1. That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant. Literal enforcement of the two 15 day periods with a 60 day separation would be confusing to the public and would create a practical difficulty for the temporary tenant. Commerce Title is withdrawing from the Southlake market and will sub -let the building to a new sub- tenant May 1, 2004. During the interim 7 week period, from March 9` through April 30" the former Commerce Title employees will occupy the building and temporarily operate the business under the name "Texas Nations Title;" they will then relocate to Southlake Town Square. The current permanent sign reads "Commerce Title" and will not be replaced until the new sub - tenant takes possession of the building. The temporary banner will cover the Commerce sign and read "Texas Nations Title." It would be impractical to either (1) require Texas Nations to install a permanent sign for period of only 5 weeks, (2) require Texas Nations to remove the banner after only 15 days — exposing the Commerce Title sign, or (3) remove all signs leaving the building unidentified. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. Commerce Title Company's decision to withdraw form the Southlake market is beyond the control of either the Landlord or the former Commerce employees, all of whom will remain in business in Southlake. Installation of a permanent sign for a short period of only 5 weeks would be impractical, especially when you consider that a sub - tenant will take possession of the property on May 1, 2004 and will install its own permanent sign thereafter. The situation is unique to this building because it is the only Commerce Title location in Southlake and because the former employees will be occupying the building for only 7 weeks. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. The sign is professionally manufactured and fits nicely over the existing permanent sign. It is fastened tightly and does not blow or flap in the wind. In fact the banner is hardly noticeable as a banner and is therefore wholly compatible with the surrounding development. S Pt3�_p y� REC O MAP 1 1 2004 That the variance will be in harmony with the spirit and purpose of the sign ordinance. The banner is intended to cover a permanent sign that if left exposed would create confusion in the eyes of the public. The sign is professional looking and the variance is not intended to circumvent the purpose of the ordinance. The sum effect of the variance will be merely (1) to relax the requirement for the 60 day separation period – allowing the sign to remain in place for two 15 day periods consecutively –and (2) to extend the total permitted time for a banner sign from 30 days to approximately 45 days. Texas Nations Title is highly motivated to maintain the banner in professional condition, The variance will be in harmony with the spirit and purpose of the sign ordinance. It is in everyone's best interest: (1) to project a professional image; (2) to properly identify the business; and (3) to promote a business that desires to stay in Southlake. Case No. SP 04 -040 Attachment E Page 1