10-11-2018 Planning Commission Packet

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Analysis Therefore, St. Johns Church of Little Canada is seeking a variance to allow two freestanding signs. The ordinance standards for a variance are as follows - C. Conditions Governing Consideration of Variance Requests: 1. In considering all requests for a variance and in taking subsequent action, the City staff, the Planning Commission, and the City Council serving as the Board of Adjustment and Appeals shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Increase the danger of fire or endanger the public safety. d. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. e. Violate the intent and purpose of the City Comprehensive Plan. 2. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Special conditions and circumstances may not be primarily economic in nature. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. c. The special conditions and circumstances do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. e. Practical difficulties exist in complying with the literal terms of this Ordinance. The proposed variance does not result in a negative impact on any of the conditions listed in #1. It is city staff’s opinion that #2.C. supports a finding of fact for a variance to allow St. Johns Church of Little Canada two freestanding signs. The number of signs which is the legal non-conforming component was not a result of their actions. Again, the old Public District standards did not regulate the number of signs to be installed. The property exists today with both freestanding signs. Overall the upgrades to the monument sign will result in an increase of approximately five (5) square feet of sign area and an additional 15” in height. The proposed sign is consistent with the City’s Architectural Guidelines and is in character with the mix of residential/commercial uses along Little Canada Road. City staff has provided St. John’s with a copy of the ordinance regulations for Dynamic Signs (code language below). The Church has agreed to these conditions and staff will verify compliance as part of the sign permit process.