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Home My WebLink About3 Spiral Pizza Variance Memo To: Planning Commissioners From: Kari Barker, Associate Planner Date: March 24, 2008 Subject:Variance- Thomas Reinardy – Spiral Pizza - #2008-07 – Variance to modify and intensify a nonconforming sign REQUEST Thomas Reinardy, owner of Spiral Pizza located at 420 Vermillion Street, is requesting the following variances from City Code Chapter 155. 1) 155.08, Section (F) (1) “Nonconforming signs shall…not be rebuilt, relocated, replaced, or altered without being brought into compliance with all the requirements of this section.” The proposed pole would be removed and a new pole placed two feet inside the existing pole location. According to the sign company, moving the sign would allow a center pole mount to fully maximize visibility of the signage. In addition, the proposed pole sign would be two feet lower in height than the existing pole sign, for a total of height of sixteen feet to the base of the sign. 2) 155.06, Subd. (D) “Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter because of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, the structure may be continued while it remains otherwise lawful, subject to the following provisions. (1) No nonconforming structure may be enlarged or altered so as to increase its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.” The existing pole sign is estimated to be around 28 square feet. The current sign is a rectangular shaped sign hanging vertically on one side of the pole. The total proposed signage is 41.11 square feet. Two new signs are being proposed to be placed on the pole sign. The first sign, a pylon sign, is proposed to be 2’ 7” X 7’ 10”. The second sign, an electronic sign, is proposed to be 2’ 8” x 7’ 10”. Both signs would be rectangular, centered on the pole, and horizontally placed on top of each other. BACKGROUND INFORMATION Zoning Classification The subject property is zoned C-3, Community Regional Commerce. Retail and service establishments are permitted uses. Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated MXD – Mixed Use Residential. Existing Condition The existing building was built in 1950. The age of the sign is unknown. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Residential C-3 Commercial MXD Mixed Use East Commercial C-3 Commercial MXD Mixed Use South Vermillion St Commercial C-3 Commercial MXD Mixed Use th West 5 Street Fire Department C-3 Commercial Public Sign Requirements for the C-3 District for a Single Occupant Building: Type of PermittedExistingRequest Sign Monument Maximum 6 feet Roof No HeightSignchange 5.5 feet Sign Face 50 square RoofNo sizefeetSignchange 97.48 sq. ft. Cap Height 8 inches (max.) Wall Maximum Great of Size40 sq. ft. or 5% of wall area ProjectingClearance8 feet Maximum 4 feet Distance from Building Directionals Maximum 4 feet Height Maximum 2 square Sizefeet Pole Sign Not 2841.11 Permittedsquaresquare feetfeet ORDINANCE Pole signs are considered legally non-conforming signs in the City of Hastings. The City of Hastings Sign Ordinance guides the types of modifications that can be made to these signs. Maintenance of these signs includes replacement of the same size faceplate. However, the rebuilding, relocation, and replacement of pole signs are prohibited unless the sign is structurally insecure. (F)Nonconforming and illegal signs. (1) Any sign legally existing on the effective date of this section that does not conform to the requirements set forth in this section shall become a nonconforming use and/or structure. Except as otherwise provided in this section, shall not be rebuilt, nonconforming signs shall be allowed to continue, but relocated, replaced, or altered without being brought into compliance with all the requirements of this section. Furthermore, nonconforming signs are subject to the provisions contained at § 155.06. (2) Any sign that is in violation of this section shall be removed or altered to comply with this section. Maintenance of existing signs, including the replacement of (3) faceplates of the same size, shall be permitted on nonconforming signs. (4) Temporary ribbons, banners, pennants, and similar devices that are in use as of the adoption of this section must comply with the provisions of division (C)(11) above. (Prior Code, § 10.08) (Am. Ord. 485, passed 2-3-2003; Am. Ord. 541, passed 10-17-2005) Penalty, see § 10.99 (5) Repairs. Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the issuing authority. (6) Removal. In the event of the failure of the owner or person, company or corporation having control of any sign, or the owner of the ground on which the sign is located, to remove or repair said sign within 60 days after the use is terminated, a notice shall be given to the owner of the sign and the sign may be removed by the city at the expense of the owner or manager of the sign, or the owner of the ground upon which the sign stands. VARIANCE REVIEW The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. Applicant Response: The location is unique. Staff Response: The ordinance makes provisions for properties that have practical difficulties in using a wall sign or freestanding signs through the use of roof signs. Spiral Pizza is currently utilizing a roof sign. 3 (g) Roof Signs, “To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the property and/or building. th In addition, Spiral Pizza could place a monument sign on each of the roads it fronts- 5 Street and Vermillion Street. 5 (b), “Lots adjacent to more than 1 street may have 1 sign per street frontage. In no case shall secondary signs exceed 50 square feet in size or 6 feet in height.” B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. Applicant Response: The literal interpretation of the City Code would create a hardship which is not the fault of the owners. Staff Response: Spiral Pizza currently benefits from having signage that exceeds the height and size requirement of the existing Zoning Ordinance. Staff feels that Spiral Pizza has additional options for signage. The first option is to reface the existing pole sign. The same size pole could be replaced in the same location if there are determined to be structural deformities with the existing pole sign. The second option is to place a monument sign on the property as explained above. C. That the special conditions and circumstances do not result from actions of the applicant. Applicant Response: The conditions and circumstances indicated above do not result from any action of the applicant. Staff Response: The applicant has opted not to reface the sign or replace the pole sign with a monument sign. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Applicant Response: N/A Staff Response: Staff feels that granting the variance would confer special privileges as businesses with pole signs in the City of Hastings have had sign faces refaced in compliance with the City Ordinance (examples- Sun Kissed Tan and April Nails). In addition, businesses with pole signs in the City of Hastings have had sign faces refaced with an electronic reader board in compliance with the City Ordinance (examples- The House of Wines and Dairy Queen). Allowing the Spiral Pizza sign to be moved and intensified would set a precedent for future businesses utilizing pole signs. RECOMMENDATION Staff is recommending denial of the variance as we do not feel the applicant is being denied any of the privileges of similar businesses with pole signs, particularly as the applicant can replace the existing sign face on a new pole in the same location or utilize a monument sign. ATTACHMENTS Application Current sign illustration Proposed sign illustration Site Location Map Aerial View