CASE:

00-02-A

STAFF CONTACT:

Matt Griffin
Planner
(919) 469-4342
mgriffin@ci.cary.nc.us

APPLICANT(S):

W. A. Homes

OWNER(S):

Richard K. Helmold

LOCATION:

1731 Walnut Street (Devonshire Place Shopping Center)

PRESENT ZONING:

B2 Commercial

REQUEST:

The applicant, W. A. Homes, is appealing a staff decision to deny a sign permit. Staff’s decision is based on their interpretation of the Town of Cary Sign Ordinance.

The applicant, W. A. Homes, applied for two sign permits in early January. One is for a sign that projects from an architectural feature on the building front elevation, the other is for a secondary tenant wall sign.

The town of Cary Sign Ordinance specifies that non-residential properties are permitted to have wall signs. It specifies a wall sign as: Any sign painted on or attached to and extending not more than six (6) inches from an exterior wall in a parallel manner. A wall is defined as a vertical, structural component of a building, which encloses habitable or usable space.

The sign being requested by W.A. Homes projects seventy-two (72) inches from the top of an architectural feature (See Exhibit 1). Said architectural feature can not be considered a wall, since it does not enclose habitable or usable space. Signage attached to such a feature is not permitted as per the Town of Cary Sign Ordinance.

The Uniform Sign Plan for Devonshire Shopping Center specifies signage similar to that being requested by the applicant. It specifically states "The method of mounting for signage on Kinetix (former tenant) varies from other tenants due to the difference in the building façade..". See Exhibit 2 and 3 for Devonshire Uniform Sign Plan Details.

Although the Uniform Sign Plan permits such signage, the Town of Cary Sign Ordinance does not. Uniform Sign Plans may be more restrictive than the Town Ordinances, but not less restrictive. The Devonshire Uniform Sign Plan was approved December 11, 1995. The original sign did not conform to the Town of Cary Sign Ordinance when it was erected. Now that the nonconformity has been removed, the site needs to be made to comply.

In January when the applicant was informed that the requested signage was not permitted, he applied for complying signage. Sign permits were issued (#4465, #4466) for the compliant signage. The applicant will install this signage if this Appeal to Staff Decision is denied. See Exhibit 4 for details on the approved signage. 

STANDARDS OF REVIEW:

Section 6.2.5 of the Cary Unified Development Ordinance regarding Administrative Appeals, states in part the following:

c. In reversing, affirming, or modifying the contested action, the Zoning Board of Adjustment shall have all relevant powers of the administrative officer from whom the appeal is taken.

d. The Zoning Board of Adjustment shall not reverse or modify the contested action unless it finds that the administrative officer erred in the application or interpretation of the terms of this Ordinance or related policies adopted by the Town.

e. The Zoning Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least eight members.

SUGGESTED MOTION:

I HEREBY MAKE A MOTION TO REVERSE THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. _______________________________________________
1. _______________________________________________
2. _______________________________________________

I HEREBY MAKE A MOTION TO AFFIRM THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. ________________________________________________

2. ________________________________________________

3. ________________________________________________

I HEREBY MAKE A MOTION TO MODIFY THE ADMINISTRATIVE OFFICER’S DECISION BASED ON THE FOLLOWING FINDINGS:

1. _______________________________________________