REQUEST:
The applicant is requesting a variance to allow an additional 44 square feet of sign area.
BACKGROUND:
Jack Astor's Bar and Grill restaurant is requesting two signs for the above location. Specifically, a 44 square foot sign area on the front elevation and a 66 square foot sign area on the west elevation for a total of 110 square feet of sign area. Section 13.2.4.(b)(21) of the Town of Cary Unified Development Ordinance for nonresidential wall signs the total area of all wall signs on a building shall not exceed one square foot in area for each linear foot of building frontage, and the fact that signs may be permitted on more than one wall of the building shall not increase this maximum. The Jack Astor's Bar and Grill building frontage is 66 feet in length, therefore, no more than 66 square feet of total sign area is allowed.
Section 6.1.5 of The Cary Unified Development Ordinance states that:
- The Zoning Board of Adjustment may grant
a variance which is in harmony with the general purpose and intent of
the zoning ordinance.
- When practical difficulties or unnecessary hardships would result from carrying out the strict letter of the zoning ordinance, The Zoning Board of Adjustment may vary or modify the regulation or provisions of the ordinance, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
Section 13.2.15 (f) of The Cary Unified Development Ordinance states that:
The Zoning Board of Adjustment may grant a
variance if it concludes that strict enforcement of this Ordinance would
result in practical difficulties or unnecessary hardships for the
applicant. The Zoning Board of Adjustment, in granting a variance,
shall ensure that the spirit of this Ordinance is maintained, public
welfare and safety ensured, and substantial justice done. The Board
may reach these conclusions if it makes the following findings:
(i) Strict application of the Ordinance would restrict the signage
of the subject property to a greater degree than it restricts other
properties;
(ii) Granting the variance is necessary to insure reasonable view of
the site from adjoining roadways;
(iii) Granting the variance is necessary to relieve a practical difficulty or unnecessary hardship that is suffered by the applicant alone;
(iv) Granting the variance will not confer a special privilege on the applicant that would normally be denied under this Ordinance to another applicant;
(v) The applicant's situation is unique and is not one that is shared by other properties;
(vi) Granting the variance will not deter from the original intent of the uniform sign plan or the Ordinance for uniformity and aesthetic appeal between signs on the same property.
In granting a variance, the Zoning Board of Adjustment shall make written findings of fact that demonstrate how the above criteria have been met. The findings of fact shall be entered into the official minutes of the meeting.
SUGGESTED MOTION:
MOTION TO GRANT APPLICATION WITHOUT CONDITIONS
I HEREBY MAKE A MOTION THAT APPLICATION NO. 00-17-V. HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.
MOTION TO GRANT APPLICATION WITH CONDITIONS
I HEREBY MAKE A MOTION THAT APPLICATION NO.
00-17-V. HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 6.1.5 OF THE
CARY ZONING ORDINANCE AND IS HEREBY GRANTED, SUBJECT TO THE FOLLOWING
CONDITIONS AND FINDINGS:
1. .
2. .
MOTION TO DENY APPLICATION
I HEREBY MAKE A MOTION THAT APPLICATION NO.
00-17-V. HAS FAILED TO MEET THE REQUIREMENTS OF SECTION 6.1.5 OF THE
CARY ZONING ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING
FINDINGS:
1. .
2. .
VICINITY MAP:
EXHIBITS:
- Application