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Item 10CCity of Southlake Department of Planning STAFF REPORT May 24, 2004 CASE NO: SP 04 -109 PROJECT: Steals N' Shake REQUEST: Variance to the Sign Ordinance No. 704 -B. 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 -109 BACKGROUND INFORMATION APPLICANT: Steak N' Shake PROPERTY SITUATION: Steak N' Shake is part of Gateway Plaza Phase 2 located on the north side of E. Southlake Boulevard. The property address is 2640 E. Southlake Boulevard. REQUEST: The applicant is proposing two (2) lighted strips along each of the four (4) architectural wing walls on the corner of the building. The lighted strips are LED lights fully enclosed inside a molded tube. Approval of a variance is required in order to receive a building permit for the signs. STAFF COMMENTS: The site plan, sign elevations and application are attached to this report. The following variances are requested: • Ord. 704 -13, Section 16.A.4 NUMBER OF SIGNS Only one (1) attached sign shall be allowed along each street frontage per site with a maximum of two (2) attached signs per site. The applicant has two existing attached signs on building. The applicant is proposing four (4) additional signs on each of the four (4) architectural wing walls. • Ord. 704 -13, Section 16.A.7 ILLUMINATION Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are not allowed. The lighted strips are LED lights enclosed in a molded tube giving the appearance of neon. • Ord. 704 -B_ Section 16.A.3 MAXIMUM AREA and Section 16.A.5 SIGN WIDTH: The addition of the lights to the four corners of the building can also be considered to turn the entire building into a sign. Considering the addition of the lights to the building in this manner results in a sign exceeding the permitted area and width. 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 Case No. Attachment A SP 04 -109 Page 1 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 \MEMO \SIGNS \2004 \SPO4 -109 Steak N' Shake.doc Case No. SP 04 -109 Attachment A Page 2 Vicinity Map Steak n' Shake - srwrNwc� eum ' O a C' T IR Ess 1000 0 1000 2000 3000 Feet Case No. SP 04 -109 Attachment B Page 1 H4 14 - r• -- -- - - - - -- — 3 AN1fARY SE — -- — `� 15 SANITARY �� t'Ai�CaNG 'R'E EASEMENT CE, TYR (V 1 2 ` 1 7- A N EXI67 `z ELI C TRAhk5FO U TR1 GOn E1 Z T ' 2 � ATED ELECTA f T R4 FA f r TRI- T ELECTS ff 6c'3g 4 2,94 7 AMTED 8 RE 21 T T f i 1 i I r � i t 1 r r NG L h1ONU•fEIN° 5IGN ftyum1 ftYNPi+AM P9QPrRTIE5 � •'. �' GJRP.ENT ZONWIN6, 5P -2AITH L - 31f R4PG5E Z�udINCa: HO cAhN6E TYPiGAL llw (5a AB vfJ ELECTRICAL SWITCH GEAR 117 TRI- COUNTY ELECTRICAL ,- Case No. Attachment C SP 04 -109 Page 1 D-3 South loke, JY WeTIOT (60110M T"l-wil Ell 'Cornice - Limestone EIFS \ Field Brick - Hanson Brick (Ivory) on hL v7r - t�r 7 a MMM� AAT� 11 Val cl w Sl TA 212 0 SteakhShake 117/2004 - CLC Case No. Attachment D SP 04-109 Page 1 b � o� �o o . REAR Vf NEW FLAT, RIGHT NGLE0 err WAH- , �lDE VIEW K, 'r* rr Ilt., i b� a {al /4Vr 0 � ,t r {r r y r r } {' 1 �v �.a vvew ��.vd�.r EI � ��fl lrllVV 4 WING WALL POWEP, 5UPF 15OX 6 P15C0NNECT 5MTCH CONDUIT DY E.C. 120Y ELECTRIC SEEP BY E.G. 9 21MRE f 20 GA 5HIELDED CABLE MME NUT CONNECTION 1 KU1315ER GROMMET BLACK METAL CA.f 13YMER5 , WALL PENS KATION5 5EALED OY 5THER5 POWER DRAW = 100'N'ATT5 I WALL Horizontal Top sccuans Verticals; D- 200003n & pre- D9 D-99 & D -99s Two (2) 4'-r pieces Ttvo [21 K-O" pieces Tina [2) 10'-0" pieces ' NOTE: Conversions & remodcls require mca 'NOTE: ALL !310N 5 TO 13F MRED TO NEC STANRAR05 AND TH E POWF-P, 5UPFLY TO 5F UL LAS PFLFD RP ycus sat sil I #R LED LIGHTED WING 1111ALLB '+ �* THE SIGN GRpGIP, INC. �. N C ,4 Case No. SP 04 -109 Attachment D Page 3 ,�4 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„ City staff tells us proposed lighting is not specifically covered in the sign ordinance, or in the exterior lighting ordinance thus our request for a permit has been denied. 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. Steak 'n. Shake's corporate identity package includes lighting can the 4 wing walls on all of their stores, including the one dozen stores in the DPW Metro. It is part of their "leak" which makes them readily identifiable. I That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. The proposed lighting is not banned by any existing ordinance, Nor is it exposed lighting. The LED lights are fully enclosed inside a molded tube. They are not bright or piercing_ The molded strip gives off a warm red light. 4. That the variance will be in harmony with the spirit and purpose of the sign ordinance. The Proposed lighting is not proh bitibd lay any Ordinance. It is just not cwerr:d specifically. Therefore it is not in violation. The lighting is fully enclosed, which puts it in line with the "spirit of the lighting ordinan; Case No. Attachment E SP 04 -109 Page 1