03A - Variance to Erect a Sign Exceeding the Maximum Square Footage Allowed

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STAFF REPORT Application: Variance to Erect a Sign Exceeding the Maximum Square Footage Allowed Applicant: Lakes State Bank _ Background Information: The Lakes State Bank is located on the corner of Butler and 2nd Street. The parcel is zoned Exempt Commercial and currently has an existing commercial building. Lakes State Bank proposes to erect a freestanding sign with a full color electronic message center. In total, the sign will have an area of J 26 square feet and a height of 16 feet above grade. %SC' Applicable Statutes: In order to approve or deny a variance, the Planning Commission must make findings of fact. Variances may be granted in instances where extraordinary and unnecessary hardships may result from strict compliance with the Ordinance and allowing a variation will not have the effect of nullifying the intent and purpose of the Ordinance. Variances shall be considered because of circumstances relating to lot size, shape, topography, or other characteristics of the property not created by the landowner. Specifically,the Planning Commission must show that the following have been met: 1. The variance shall not create a land use not permitted in the zone. 2. The variance will not alter the essential character of the locality. 3. The variance is not for economic reasons alone, but reasonable use of the property does not exist under this Ordinance. Staff Findings: Based on the application and information provided,the Staff provides the following findings: 1. The property is properly zoned for Exempt Commercial use, and signs are permitted in this zone. 2. The property currently does not have a freestanding sign. 0 3. The proposed sign exceeds the permitted area of 64 square feet, having.]-266 square feet of area. Section 80.070 lists signs in excess of 100 total square feet as being prohibited. 4. The proposed sign exceeds the height limitation of 12 feet above grade by 4 feet. 5. The proposed sign meets the setbacks since the Exempt Commercial zone does not have any setbacks. 6. The Ordinance, strictly applied, does not present an undue burden on the property owner. Planning Commission Direction: The Planning Commission can develop findings to recommend approval of the metes and bounds subdivision, it can develop findings to recommend denial of the metes and bounds subdivision, or it can table the subdivision request to gather additional information or provide the applicant time to modify the proposal. Staff Recommendation: In this case, extraordinary or unnecessary hardships do not result from strict compliance with the Ordinance. Reasonable use of the property exists with compliance to the sign provisions, since a smaller sized sign could be placed on the property without need for a variance. Based on the findings of fact in this report, the Staff cannot recommend that the �,, variance be approved.