DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING July 19, 2017 Agenda Item C.3 REQUEST: A request for two variances to Cocoa Beach Land Development Code Section 5-05.D to allow two wall signs to have a size greater than the required maximum CASE NOS: 17-2000620-01 (Variance 1) 17-2000620-02 (Variance 2) DATE OF BRIEFING: July 13, 2017 Applicant: Location: Zoning: Land Use: Area: Background: Winn Dixie Stores Leasing, LLC 100 Canaveral Plaza Boulevard CN Neighborhood Commercial General Commercial 7.18 acres This request, if granted, would allow a commercial shopping center to install wall signs for two businesses with a square footage greater than the permitted maximum. The Cocoa Beach Land Development Code Section 5-05.D.2.c.ii.a. provides the criteria by which wall signs may be approved, and states that a primary wall sign on commercial property is permitted to have one square foot of signage per linear foot of store frontage, up to a maximum of 100 square feet. The applicant is seeking to increase the sign square footage for the primary wall signs for Winn Dixie and Winn Dixie Beer, Wines & Spirits, both of which are located at 100 Canaveral Plaza Boulevard within the CN Neighborhood Commercial zoning district. Variance 1 is for Sign A, the Winn Dixie sign, which is proposed to be installed on the east facing wall above the main entrance of the newly renovated store. The linear footage of the front is 193.08 feet, and the maximum size permitted by code would be 100 square feet. The request is to permit the sign to have a size of 281.125 square feet. Variance 2 is for Sign B, the Beer, Wine & Spirits sign, which is proposed to be installed on the east facing wall of the unit located adjacent to Winn Dixie, above the main entrance of the newly located store. The unit frontage is 28.7 feet, and the maximum size permitted by code would be 28.7 square feet. The request is to permit a wall sign that totals 93.18 square feet. The location of the business property is near the intersection of SR 520 and SR A1A, but visibility from the main roadways is limited, due to the odd shape of the parcel, property depth, and the locations of some outparcel businesses. The applicant has provided details and images related to size and distances, as well as example renderings to contrast sign size differences. These are provided within the attachments.
Clarification of the Board s considerations for approval of a variance request is provided below, and the attachments provide greater details. Attachments: Attachment A Site Aerial Attachment B Application Attachment C Letter of Intent Attachment D Proposed Locations on Building for Wall Signs Attachment E Sign Details Attachment F Rendering of Signs from Street Code vs Variance Attachment G LDC Referenced Sections Approval Considerations: The city s LDC Section 4-39 provides the criteria by which the Board is able to approve this request for variances to allow one wall sign to have a size of 281.125 square feet instead of the required maximum of 100 square feet, and another wall sign to have a size of 93.18 square feet instead of the required maximum of 28.7 square feet. Section 4-39 is provided below. Section 4-39. Application for a Variance from the Board of Adjustment The Board of Adjustment may grant a variance from the applicability or specific terms of these LDC regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of these LDC regulations would result in an undue hardship upon the property owner. Applications for variances must be applied for in accordance with Section 4-40, and must be advertised in accordance with Chapter I, Section 1-42(B) of these regulations. Variance: A variance is a type of formal modification of the dimensional or numerical requirements of the LDC regulations where not contrary to the public interest and where, owing to conditions peculiar to the property, and not the result of the actions of the applicant, a literal enforcement of these regulations would result in unnecessary and undue hardship. As used in these regulations, a variance may be approved by the Board of Adjustment and it is authorized only for height, area and size of structure or size of yards and open spaces to the extent that such variance is consistent with the Comprehensive Plan and City Charter. A. A variance from the terms of these regulations may be heard by the Board of Adjustment when an applicant completes and submits a variance application which indicates the Section of the LDC regulations under which the variance is sought, and the grounds on which it is requested. B. After receipt of a sufficient application, the request shall be scheduled for public hearing before the Board of Adjustment as expeditiously as possible and no sooner than forty-five (45) days from the date of the application submission.
C. The applicant shall provide sufficient information to Staff to clearly show the Board of Adjustment that the seven (7) requirements for authorizing a variance listed below have been met: 1. The Board of Adjustment is empowered, under the Section of the LDC regulations described in the application to grant the 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. 3. The literal interpretation and strict application of the LDC regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the LDC regulations. 4. The special conditions and circumstances do not result from the actions of the applicant. 5. Granting the variance will not give the applicant any special privilege that is denied by the LDC regulations to other lands, structures, or buildings in the same district. 6. 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. 7. The granting of the variance will be in harmony with the general purpose and intent of the LDC regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. D. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of and punishable under these regulations. The Board of Adjustment shall prescribe a time limit, which shall not be greater than twenty-four (24) months, where the action for which the variance is required, shall be started and diligently pursued to completion without cessation of thirty (30) days or more. E. Under no circumstances shall the Board of Adjustment grant a variance to allow a prohibited use in the zoning district where the said property is located. Public Comment Written public comments, if any, received as of the date of this briefing are provided as an addendum to the packet documents.
Variance Sample Motions Sample motions are provided for form only and not to be considered a recommendation by city personnel. Approval conditions are subject to change, per the wishes of the Board. Variance 1 Motion to Approve Variance 1: In Case No. 17-2000620-01 (Variance 1), I move to adopt the findings in the staff report and the testimony given and approve the variance to allow the wall sign for Winn Dixie, located at 100 Canaveral Plaza Boulevard, to have a size of 281.125 square feet instead of the required maximum of 100 square feet, with the following conditions: 1. The applicant must obtain a building permit within two years of the date of this decision or the variance will expire. 2. This variance approval does not grant the applicant an undeniable right to a building permit; all other federal, state and local regulations remain in full force and effect. Motion to Deny Variance 1: In Case No. 17-2000620-01 (Variance 1), I move to deny the variance request due to the fact that the applicant has not satisfactorily demonstrated that all standards required by LDC Section 4-39C, to grant a variance have been met. The specific standards not met include: (state standard number and explanation). Variance 2 Motion to Approve Variance 2: In Case No. 17-2000620-02 (Variance 2), I move to adopt the findings in the staff report and the testimony given and approve the variance to allow the wall sign for Winn Dixie Beer, Wine & Spirits, located at 100 Canaveral Plaza Boulevard, to have a size of 93.18 square feet instead of the required maximum of 28.7 square feet, with the following conditions: 1. The applicant must obtain a building permit within two years of the date of this decision or the variance will expire. 2. This variance approval does not grant the applicant an undeniable right to a building permit; all other federal, state and local regulations remain in full force and effect. Motion to Deny Variance 2: In Case No. 17-2000620-02 (Variance 2), I move to deny the variance request due to the fact that the applicant has not satisfactorily demonstrated that all standards required by LDC Section 4-39C, to grant a variance have been met. The specific standards not met include: (state standard number and explanation).
ATTACHMENT A Site Aerial
ATTACHMENT B Application
ATTACHMENT C Letter of Intent, Page 1
ATTACHMENT C Letter of Intent, Page 2
ATTACHMENT D Proposed Locations on Building for Wall Signs
ATTACHMENT E Sign Details
ATTACHMENT F Rendering of Signs from Street Code vs Variance
ATTACHMENT G LDC Referenced Section Section 5-05. - Sign provisions by zoning district. D. CT-1 oceanfront residential and transient district, CG general commercial district, CN neighborhood commercial district, and PS-1 public and semi-public district. 2. The following permanent signs are allowed: c. Retail, hotels, motels, office, professional, business, and other non-residential uses: ii. Wall signs: a. The attached wall sign on the front of the business shall not to exceed one (1) square foot in area for every one (1) foot of building frontage, not to exceed eighty-four (84) square feet. For shopping centers and multitenant projects only, this sign area may be increased to not exceed one hundred (100) square feet.