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Item 10Anary oz aoucniaKe, Texas MEMORANDUM May 29, 2003 TO: Billy Campbell, City Manager FROM: Rick Black, Director of Public Safety (Ext. 242 1) SUBJECT: Approval of a variance to Sign Ordinance No. 704 -A for Southlake Town Square Farmer's Market to be located at 1245 Prospect Street. Action Requested: City Council consideration of a variance to Sign Ordinance 704 -A. Background Information: Southlake Town Square Farmer's Market is a seasonal open air produce market to be located at 1245 Prospect Street (in the Block 2 parking area directly behind the 1256 Main building). Patricia Pickard, representing Southlake Town Square, is seeking a variance to utilize banners as described in the attached request. This would vary the following section of Sign Ordinance No. 704 -A. • Section 21.A BANNER 1. PERMITTED SIGN STRUCTURE: Attached MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: 0.5 square feet for every one foot of width of building or lease space not to exceed fifty (50) square feet b. MAXIMUM NUMBER OF SIGNS: One per site c. DURATION: Maximum fifteen (15) days, twice per calendar year with a sixty (60) day separation between permits. Applicant is seeking approval to allow the display of multiple banners for more than the allowed two (2) permits per calendar year without the required sixty (60) day separation between permits. GENERAL NOTE; A farmer's market has been approved for the Southlake Town Square to operate each Saturday from June 7 through September 27, 2003. This would involve multiple vendors to be located in dedicated booth areas located in the parking area directly behind the 1256 Main Street building in Block 2 of Town Square. Each vendor would display one banner within their designated booth area (approximately one parking space). The banner would be attached either to the vendors vehicle or hung from a canopy contained within the individual booth area. A single banner announcing the market would be displayed on Friday and Saturday each of the same weekends of the Farmer's Market on the Rustin Park pavilion at 1401 Fountain Place. Vendor banners are to be displayed only during market operating hours as designated by the Special Use Permit as approved by the Planning and Zoning Commission and City Council. Page 1 Billy Campbell May 29, 2003 Page 2 Financial Considerations: Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: RB /sv STAFF NOTE: This request would call for the Sign Ordinance to be varied by the number of banner permits allowed per year and with no sixty (60) day separation period. Normal variance procedures for such a request would require a variance hearing for each vendor for each weekend of operation for seventeen (17) weekends. Scheduling for these hearings would be a logistical impossibility. If it were to please the Council to approve this request, staff would suggest that one possible solution for the variance scheduling issue might be to approve a blanket banner permit issued to Southlake Town Square to cover the entire period of operation. A suggested fee for this permit would be based on one banner permit fee per weekend at the normal rate of $25.00 pro -rated for 17 weekends for a total of $425.00. This fee would be paid by Southlake Town Square and recovered from the participating vendors by same. Staff feels this would cover costs of processing the permit and for code enforcement inspections since all banners could be checked at one location. Placement and display periods of the banners as approved by Council would be incorporated into the permit and permit copies would be distributed to the vendors each week by Southlake Town Square. Not Applicable No citizen input has been received. Not subject to any Board review. None The council may approve the request, deny the request, or approve it subject to whatever conditions they deem appropriate. Variance Application Form Site Plan Ordinance No.704 -A, Section 21.A.1.2. Place the variance request on the June 3, 2003 City Council meeting agenda for disposition. Page 2 The following sections have been excerpted from the Sign Ordinance No. 704-A SEC. 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. hi 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. Section 21. TEMPORARY SIGNS REQUIRING PERMIT A. BANNER 1. PERMITTED SIGN STRUCTURE: Attached 2. MODIFICATIONS TO GENERAL REGULATIONS: a. MAXIMUM AREA: 0.5 square feet for every one foot of width of building or lease space not to exceed fifty (50) square feet b. MAXIMUM NUMBER OF SIGNS: One per site c. DURATION: Maximum fifteen (15) days, twice per calendar year with a sixty (60) day separation between permits. Page 3 CITY OF SOUTHLAKE SIGN VARIANCE APPLICATION APPLICANT OWNER (if different) NAME: Sa WkSQ>L ADDRESS: r�SIQ Stt$ ; c � 2 PHONE: 1 - 7 - 3J_q - � S FAX: The following information pertains to the location for which the variance is requested NAME OF BUSINESS OR OPERATION: ILNn; S STREET ADDRESS: Q LEGAL DESCRIPTION: Lot Block- Subdivision I hereby certify that this application is complete as per the requirements of Sign Ordinance No. 704 as summarized below. I further understand that it is necessary to have a representative at the City Council mecting who is authorized to discuss this request. Applicant's signature: Date: 6'�( -(�3 BAs � ices 1_ - P2„et✓� - tt,t,y,u��.. .. The following checklist is a summary of requirements for sign variance requests as required by the City of Southlake. The applicant should further refer to the Sign Ordinance No.704 and amendments, and other ordinances maps, and codes available at the City Hall that may pertain to this sign variance request. ✓ Completed sign variance request application. t/ Completed demonstration of conditions applicable to the requested variance (see attached.) . Site plan showing the location of the sign variance request and any other signs that conform to or are exempt from the sign ordinance. The site plan shall also indicate the building, landscaped areas, parking & approaches and adjoining street R. 0. W. Scaled and dimensioned elevations of the signs for which the variance is requested. For attached signs, the elevations shall show the building, the sign for which the variance is requested, and any other signs that conform to or are exempt from the sign ordinance. Page 4 Demonstration Please demonstrate that the following conditions are applicable to the requested ii 1 ' That a literal enforcement of the sign regulation will crate an unnecessary hardship or practical difficulty on the applicant 2. That the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self imposed. 3. That the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties. 4 • That the variance will be in harmony with the spirit and purpose of the sign ordinance. Page 5 ; a t iilake Town S4,- 'N pier's a rlcet U aw I Southlake Town Square is requesting a per -week banner permit to be issued by the City of Southlake for each of the' 19 weeks of the Farmers' Market. As previously agreed, these banner permits will cosi the usual $25 per permit. The permit will allow signs and banners to be hung in each of the Farmers' Market booths so the farmers can promote what kind of produce they are selling. Each farmer will be allowed to hang one of two signs: one on the tent they set up or one on the front of the table from which they will sell their produce. The banners each farmer uses will adhere to these guidelines: All Farmers' Market banners must be no longer than eight feet in length and must be approved by the Market Director. Approved banners must be hung either on the tent under which the farmer will sell their produce, or directly on the front of the selling table. Each banner must be hung by 7:00 am. on each Saturday. No banners or signs shall be used for commercial promotion activities of an advertising nature designed to attract public attention or support for a product, commodity, or service which is not for sale at such table or the promotion of any business, political, controversial, or commercial entity without the approval of the Market Director. Page 6 May 8,200 Mr. Dennis Killough Senior Planner Planning Llepartment, City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: SUP for Southlake Town Square Farmer's Market - Case No. ZA03 -018 Dear Dennis: Southlake Town Square would like to request approval of Farmer's Market in perpetuity so_ long as the Farmer's Market operates within the same guidelines year after year and remains at or below 30 vendors. Farmer's Market exists to benefit Southlake Town Square tenants. If that fails to be the case due to circumstances such as parking -(ik dynamic that can change from year to year due to development), Southlake Town Square would take corrective measures such as reducing the number of vendors or eliminating the market all together. In the event Farmer's Market wanted to change location, the number of vendors or any other material aspect, we would then go through the approval process. Sincerely, Patricia S. Pickard Chief Financial Officer cc: Brian Stebbins Page 7 r ``$. ��.,� J �� ?� 1!�" ����` J