TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
January 10, 2000
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CASE: |
99-23-V |
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STAFF CONTACT: |
Matt Griffin |
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APPLICANT(S): |
Maxwell Johanson Maher, Arch. |
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OWNER(S): |
Cary Crossroads Associates, L.P. |
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LOCATION: |
237 Crossroads Blvd., Proposed Best Buy site (formerly Phar-Mor drugstore) |
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PRESENT ZONING: |
B2 Commercial District |
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REQUEST: |
The applicant, Maxwell Johanson Maher Arch., is requesting a variance from the Town of Cary Unified Development Ordinance (UDO), Sections 13.2.4.(c) (2) (b) and 13.2.8. (i) (1). Specifically, the applicant is requesting a variance to allow a sign logo to exceed the vertical height of the primary message, and to have all sign elements measured individually, instead of measuring them by using the smallest possible rectangle that encloses all sign elements, as required. |
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BACKGROUND:
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The applicant is requesting a logo that exceeds the vertical height of the primary message. Section 13.2.4.(c)(2)(b) of the Town of Cary Unified Development Ordinance (UDO) states that a logo shall be no larger than the vertical height of the primary message. The applicant is also requesting that all sign elements be measured individually. Section 13.2.8.(i)(1) of the Town of Cary UDO specifies how sign surface area is calculated. It states that the surface area of an attached sign shall be measured by finding the area of the minimum imaginary rectangle that fully encloses all words, copy, or messages on the sign. The signs requested in the initial sign permit applications that were submitted for the Best Buy site were not in compliance (they exceeded the allowed square footage, and the logo height exceeded the primary message). Reese Signs (the sign permit applicant) altered the design of the signs such that they were compliant with the UDO (see exihibit). Sign permits were granted for the compliant signs. While sign permits have been granted, the applicant is requesting variances to alter the permitted signage to match the original signs that were requested. |
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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. |
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SUGGESTED MOTION: |
MOTION TO GRANT APPLICATION WITHOUT CONDITIONS I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-23-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. 99-23-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 not be transferable and shall run only with the requested signage contained herein. MOTION TO DENY APPLICATION I HEREBY MAKE A MOTION THAT APPLICATION NO. 99-23-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:
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