TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
November 8, 1999

CASE: 99-15-V
STAFF CONTACT: Matt Griffin
Zoning Code Enforcement Officer
(919) 460-4984
mgriffin@ci.cary.nc.us
APPLICANT(S): North American Signs
OWNER(S): Cary Vest, LLC
LOCATION: 2430 Walnut St.
Centrum Shopping Center
  In line tenant
PRESENT ZONING: Business-2 Conditional Use
REQUEST: The applicant, North American, is requesting a variance from the Town of Cary Unified Development Ordinance (UDO), Section 13.2.8.(e). Specifically, North American signs is requesting an increase in the allowed sign area of 156 square feet to 395.67 square feet, and from the 2 allowed signs to a total of 3 signs. The applicant is also requesting a variance from the Town of Cary Unified Development Ordinance (UDO), Section 13.2.4(c ) (2) a. Specifically, North American Signs is requesting a logo be placed on top of the sign text, as opposed to the left or right of the sign text as required.
BACKGROUND: Logo Placement

From the Unified Development Ordinance’s Definitions:

Logo – The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, design, decorations, emblems, symbols, or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters and numbers.

Given this definition, the "ball and motion lines" in Petsmart’s sign is a logo, while the letters themselves are not.

North American Signs wishes to place the "ball and motion lines" above the sign text (see Exhibit 1). Section 13.2.4 (c)(2)a. of the UDO states that "…a logo may be located on only one side (i.e. to the left or to the right) of the primary message.

Number of Signs

According to section 13.2.8.(e)(2) of the Town of Cary UDO, commercial shopping centers are allowed one (1) wall sign per tenant, and one (1) additional wall sign for subtenants.

North American Signs is requesting two (2) wall signs, along with the one (1) additional wall sign for a subtenant (see Exhibits 2 and 3).

One proposed wall sign is be located on the storefront, along with the one subtenant sign. The store fronts the parking area and faces north toward the Dillard Drive expansion. The other proposed wall sign is to face east toward Walnut Street.

Sign Square Footage

According to section 13.2.8.(e)(2) of the Town of Cary UDO, commercial shopping centers’ attached signage shall not exceed, in square feet, the number of lineal feet that is the horizontal length of the individual tenant space. Subtenants are allowed one (1) additional wall sign, provided that the total allowable square footage for the main tenant is not exceeded.

Section 13.2.8 (I) (1) of the UDO defines the process of how an attached sign’s surface area is calculated. It states that the surface area of an attached sign is measured by finding the area of the minimum imaginary rectangle, which fully encloses all words, copy, or messages on the sign (see Exhibit 4).

Petsmart has a total of one hundred and fifty six (156) lineal feet of store frontage. This allows Petsmart a total of 156 square footage of sign area (see Exhibit 5). North American Signs is proposing three signs for this site. These include the following:

Wall Sign (North facing) measuring 208.00 sq.ft
Wall Sign (East facing) measuring 162.22 sq.ft.
Subtenant Sign measuring 25.45 sq. ft
Totaling 395.67 sq. ft.

(see Exhibit 6)

Petsmart is allowed 156 square footage of sign area. Given the proposed signs, they are over the allowed square footage by 239.67 square feet.
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. 99-15-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. 99-15-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. 99-15-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. _________________________________.
VINCINITY MAP:

LIST OF EXHIBITS:
  • Application
  • Exhibit 1 - Logo Placement
  • Exhibit 2 - Number of Signs (Signs 1 and 2)
  • Exhibit 3 - Number of Signs (Sign 3)
  • Exhibit 4 - Square Footage Calculation
  • Exhibit 5 - Store Front Lineal Measure
  • Exhibit 6 - Sign Square Footage