DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING Meeting Date: December 17, 2014 REQUEST: Variance request to allow an existing sign with a height of 44 feet and an area of 339 square feet located at 4151 N. Atlantic Avenue for the Ron-Jon s Surf Shop. CASE #: 15-2001117-01 Date of Briefing: December 17, 2014 Summary of Request This request if granted, will allow the existing sign to continue. The applicant has addressed the variance criteria and staff recommends approval of this request at the end of this report. Owner/Agent: Ron Jon Surf Shop of Fl., Inc., Owner and Jacquie Youngs, Applicant Project/Location: 4151 N. Atlantic Avenue. Land Use/Zoning: General Commercial land use; General Commercial (CG) A. Specific Variance Request Summary: The applicant/petitioner is requesting a variance to the City of Cocoa Beach Land Development Code (LDC) Chapter VI, Article III On-Site Signs Sign Standards in Zoning Districts, Section 6-20 Special District Regulations, 6-20(d)(2)(c)(1) to allow the height of the sign to be forty-four (44) feet and the area of the sign to be three hundred and thirty nine (339) square feet. The property is zoned (CG) General Commercial. Within this zoning district the maximum allowable height of a sign is fifteen (15) feet and the maximum allowable area is eighty-four (84) square feet. Following are the applicant/petitioner justifications for the variance which are also listed as Attachment B in this briefing packet: Resolution 2014-24 approved the common master signage plan for the Ron Jon Surf Shop properties located at 4275 North Atlantic Avenue, 117 Hernando Lane, 4151 North Atlantic Avenue, and 122 Dixie Lane. The resolution was approved with conditions. The conditions that were addressed are as follows: o Signs F and P are required to be modified by removing Ron Jon. Applicant removed the Ron Jon wording from the sign as shown in Photographs 2 and 3 to comply with this condition. o Sign J has been removed as shown in Photograph 6. If the applicant desires to install another sign it must be a monument sign meeting the height, setback and area requirements in accordance with the LDC. o Signs C and Sign D are required to be reduced to 42 square foot in area. These o signs have been reduced as shown in photographs 4 and 5. The applicant will be required to obtain a variance for Sign K (Rotating Sign). Ron Jon s is now requesting the approval of this variance. The rotating sign was installed in 1969 and it has stood as a Cocoa Beach landmark since then, with hundreds of thousands of visitors being photographed beneath it. It is the first of its kind in Florida and it has been the focal point and the centerpiece for the stores location. This sign is a registered trademark (U.S. Trademark Re. No. 1,864,065) as listed by the United States Patent and Trademark Office. This sign conforms to current setbacks but it does not meet the current height and square footage requirements.
Attachments: 1. Attachment A - The site vicinity and location map. 2. Attachment B - The application and rationale for this Variance. 3. Attachment C The Survey and site plan. 4. Attachment D Resolution 2014-24 and Exhibits 5. Attachment E Photographs B. Findings of Fact for Review of the Variance: The Board must find the application to meet the following variance criteria, pursuant to LDC Section 5-52: 1. The board of adjustment is empowered, under the section of the land development regulations (LDRs) described in the application to grant the variance. The request is a variance to allow an existing sign to remain, which has a height of forty-four (44) feet (which exceeds the maximum allowable height of fifteen (15) feet), and an area of three hundred and thirty nine (339) square feet (which exceeds the maximum allowable area of eighty-four (84) square feet) as required in LDC Section 6-20 (d)(2)(c)(1). The Board of Adjustment may consider this type of variance. 2. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. This proposed sign was installed in 1969 and it has served as a landmark for Cocoa Beach since that time. Previously Ron Jon s and City Staff had the impression that the subject sign was exempted and this may have been due to a statement made by the previous Development Services Director that the Ron Jon Surf Shop signage was under patent status (trademark) which exempted them from having to comply with these ordinances. After this was researched by current City staff and the City Attorney, it was determined that the Ron Jon Surf Shop would either need to provide documentation of their signage being in accordance with the Lanham Act of 1946 or proceed with the variance process as established in the Land Development Code. The sign is trademarked, but no evidence was ever produced by Ron-Jon s that application had ever been made, or that this sign was certified through this Lanham Act. As a result, Ron-Jon s is required to go through this variance process, in order for the existing sign to remain. 3. The literal interpretation of the provisions of the land development regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the land development regulations. Please refer to the paragraph 2 above. The Board may decide that this criterion is satisfied. 4. Granting the variance will not confer on the applicant any special privilege that is denied by the land development regulations to other lands, structures, or buildings in the same district. Granting this variance to allow the existing sign which exceeds the maximum allowable height and sign area will not give the applicant special privileges because the sign is setback approximately 50 foot away from the front property line. Ground Signs per LDC are allowed to be located 5 feet from the front property line which is usually where typical businesses signage are located. This sign maybe considered more of a landmark for this area. The applicant pursuant to the approval of the master signage plan had to comply with the conditions of approval of Resolution 2014-24, which is included in the attachments. 5. The reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. See paragraph 4, above. The Board may decide that this criterion is satisfied. 6. Granting of the variance will be in harmony with the general purpose and intent of the land development regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Granting this variance will not have any negative impact on the neighborhood as the sign is placed approximately 45 feet away from the right-of-way in the middle of property that is currently zoned as CG, General Commercial. The Board may decide that this criterion is satisfied. C. Public Comment: As of the date of this staff report, this office has not received any public comments. D. Board Action/Conditions: If the Board decides to approve this request, they might consider the possible following conditions: 1. Variance to a sign to have a height of forty-four (44) feet and an area of approximately three hundred and thirty nine (339) square feet. E. Sample Form Motions: Motion to Approve: In Case No. 15-2001117-01, I move to approve the variance request to City of Cocoa Beach Land Development Code Chapter VI, Article III LDC Section 6-20(d)(2)(c)(1), to a sign to have a height of forty-four (44) feet and an area of approximately three hundred and thirty nine (339) square feet with the following condition: 1. Variance to a sign to have a height of forty-four (44) feet and an area of approximately three hundred and thirty nine (339) square feet. Motion to Deny: In Case No. 15-2001117-01, I move to deny the variance request due to the fact that the applicant has not satisfactorily demonstrated that all standards required by Land Development Code Chapter Chapter VI, Article III Section 6-20(d)(2)(c)(1) and criteria, pursuant to LDC Section 5-52 to grant a variance have been met. The specific variance standard(s) that has (have) not been met is (are): Standard #, because. Standard #, because.
ATTACHEMENT A Vicinity/Property Location Map SUBJECT PROPERTY 4151 N. Atlantic Avenue Note: Map not to scale North
ATTACHEMENT B Application
Applicant s Variance Rationale
ATTACHEMENT C SITE PLAN
ATTACHEMENT D Resolution 2014-24
ATTACHEMENT E Photographs Photograph 1
Photograph 2
Photograph 3 Photograph 4
Photograph 5
Photograph 6