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Item 10ACity of Southlake Department of Planning STAFF REPORT April 14, 2004 CASE NO: SP 04 -067 PROJECT: Piano Gallery 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 -067 BACKGROUND INFORMATION OWNER: 114 Kimball Square Ltd. APPLICANT: Piano Gallery PROPERTY SITUATION: The Piano Gallery is located in the 114 Kimball Square development on the northwest corner of E. State Highway 114 and Shady Lane. The property address is 2366 & 2368 E. State Highway 114. REQUEST: The applicant is proposing an attached sign on the south side of the building facing E. State Highway 114. The proposed sign will have a letter size and an area greater than permitted under the Sign Ordinance No. 407 -A. 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 Piano Gallery: • Ord. 704 -A, Section 16.A.2 N[AXPVIUM LETTER/LOGO HEIGHT The maximum permitted letter height is 12 inches for a sign less than 100 feet from the right -of -way. The store front is approximately 85 feet from the right -of -way. The maximum letter size permitted is 12 inches. The applicant is requesting letter height of 36 inches. • Ord. 704 -A, Section 16.A.3 MAXIMUM AREA The maximum permitted area for attached signs is 0.75 square feet for every one foot of width of building or lease space not to exceed 400 square feet. The store front width is approximately 50 feet in width. The maximum area permitted is 37.5 square feet. The applicant is requesting an area of 112.5 square feet. 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 Case No. Attachment A SP 04 -067 Page 1 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: \Cotmnunity Development \WP - FILES \MEMO \SIGNS \SPO4 -067 Piano Gallery.doc Case No. SP 04 -067 Attachment A Page 2 � F - 4+�A 545T 59UTHLAKF 13LVO T 1000 0 1000 W*- E S Case No. SP 04 -067 Q —I 2000 3000 Feet Attachment B Page 1 Vicinity Map 114 Kimball Square L W A. '!- r. . 0.0 Aftpff dFlEft AIR ...: Ahoy -0= "M Case No. Attachment C SP 04 -067 Page 1 PROPOSED SIGN 36" Letter Height CONSOLIDATED SERVICES OF AMERICA, LLC A I ; 4245 N. Central Expressway -�, Suite 350 Dallas, Texas 75205 -4581 { el SIGN DETAIL Case No. Attachment D SP 04 -067 Page 1 Demonstration Please demonstrate that the following candid ns are ApPlIcable to the reclUO15190 si varla 7. That a Uternl erdorceme+d of the skin regulation will crate an unnecessary hardship or practical difficult/ on" applicant, Size requirements are based on 60' to 130' streets and not freeways covering over 300'. The sign code restricts signs to sizes that actually impair visibility; thereby, causing hardship on Retail and Service Merchants. These requirements do not allow adequate letter sizes creating a danger to motorists by being unreadable and impractical. 2, That the siluntlon causing the unnecessary hardshlp or practical diffimity Is unique to the affected property and is rrot self imposed, This was an existing Center situated on SH Hwy. 114, which ultimately became a mayor freeway carrying 71,000 cars per 24 hour period evert during a 2 year construction; parogram. ]East Hwy 114 has 8 major lanes with 6 service lanes totally a distance of lineal feet with the height level east of the Center, then, ascending to almost 13' across the distance of the entire frontage. That the varinme w111 nut Injure and will be wholly ovrnpellble with the Use and permitted development of adjacent properties. The adjacent properties should want the same signage as our request for theirs and/or their T'enant's use in order to obtain required marketing visibility. Signs attached to the building face of our Center should be campatable with adjacent: property uses and signages. I can not conceive of any type of injury or incompatibility that would occur. 4. That the variance wAl be In harmony w kh the spirit and purpose of the sign crdinance. The spirirt and purpose of signage is to serve the needs of building owners and their respective 'Tenants in a dignified and highly visible impact manner conducive to good marketing procedures. The letter and overall signage size should not detract from the attractiveness and appeal of the buildings and neighborhoods. Case No. Attachment E SP 04 -067 Page 1