TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
March 8, 1999

CASE: 99-03-V
STAFF CONTACT: Joseph D. Jeffries
Zoning Code Enforcement Officer
(919) 469-4342
jjeffrie@ci.cary.nc.us
APPLICANT(S): Erin McGill
OWNER(S): Lynn’s Hallmark
LOCATION: 1335 Kildaire Farm Road
Shoppes of Kildaire
PRESENT ZONING: B-2, Commercial District
REQUEST: The applicant, Erin McGill, is requesting a variance from the Town of Cary Unified Development Ordinance (UDO), Section 13.2.4.(c). Specifically, Lynn’s Hallmark is requesting to allow the logo to exceed 33% of the text’s width and to allow the logo to be located on both sides of the text.
BACKGROUND Lynn’s Hallmark, wants to install a wall sign that is consistent with their registered trademark (exhibit A). According to section 13.2.8 of the Town of Cary sign ordinance, nationally registered trademark graphic logos shall be allowed on tenant signs:

In the General Sign Regulations 13.2.4, the logo is allowed, but when the logo does not serve or function as the primary sign message it must meet the following conditions.

A. The logo must be located on the same side of the sign as the primary message, and the logo may be located on only one side (i.e. to the left or to the right) of the primary message.

B. The logo shall be no larger than the vertical height of the primary message.

C. The logo shall not exceed 33% of the width of the horizontal length of the primary message.

The sign for Dick’s Sporting Goods does not meet condition A or C.
STANDARDS OF REVIEW: Section 6.1.5 of The Cary Unified Development Ordinance states that::

(a) The Zoning Board of Adjustment may grant a variance which is in harmony with the general purpose and intent of the zoning ordinance.

(b) 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.
SUGGESTED MOTION: MOTION TO GRANT APPLICATION WITHOUT CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-03-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. 99-03-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. Variance shall be transferable and run with the structure.

2.__________________________________________ .

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-03-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. ______________________________________________.