Title:
title
345 SR 436 - Request for: (1) Wall signs from one (1) sign to two (2) signs for EOS Fitness; and (2) maximum allowable copy area variance from thirty (30) square feet to 280.66 square feet; for a sign in the C-2 (Retail Commercial) district; BV2023-84 (Mark Brenchley, Applicant) District 4 - Lockhart (Angi Gates, Project Manager)
end
Department/Division:
division
Development Services - Planning and Development
body
Authorized By:
Kathy Hammel
Contact/Phone Number:
Angi Gates 407-665-7465
Motion/Recommendation:
1. Approve the request for (1) Wall signs from one (1) sign to two (2) signs for EOS Fitness; and (2) maximum allowable copy area variance from thirty (30) square feet to 280.66 square feet; for a sign in the C-2 (Retail Commercial) district; or
2. Deny the request for (1) Wall signs from one (1) sign to two (2) signs for EOS Fitness; and (2) maximum allowable copy area variance from thirty (30) square feet to 280.66 square feet; for a sign in the C-2 (Retail Commercial) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is in the Oxford Place Overlay District, which was adopted on December 11, 2018 prior to the construction of the plaza on the subject property.
• The request is for a variance to the Oxford Place Overlay District Section 30.1713(2)(1)(ii) of the Land Development Code of Seminole County, which states: Commercial uses (retail, office and restaurant): One sign per tenant space; area to be calculated at 0.5 square feet per linear foot of public street frontage with a maximum of thirty (30) square feet.
• The first request is to construct two (2) wall signs for EOS Fitness within the Oxford Place Overlay requirement of one (1) wall sign per tenant.
• The second request is for the subject property to increase the allowable wall sign requirement from thirty (30) square feet per tenant, for a total of 140.33 square feet for two signs totaling 280.66 square feet.
• EOS Fitness building frontage is approximately 700 feet from the main right-of-way.
• The applicant intends to stay within the County’s current sign code standards which allows a maximum copy area of two (2) square feet for each lineal foot of building frontage, allowing them 330.2 square feet of total copy area.
• A variance request for the neighboring Floor & Decor was approved for: (1) wall signs from one (1) sign to five (5) signs for Floor & Decor; and (2) wall sign total area from ninety (90) square feet to 634.97 square feet.
Staff Findings:
Click or tap here to enter text. The applicant has satisfied all six (6) criteria under Section 30.43(b)(3) of the Seminole County Land Development Code for granting a variance as listed below:
a. That special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning district; and
b. That the special conditions and circumstances do not result from the actions of the applicant; and
c. That the granting of the variance requested will not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district; and
d. That the literal interpretation of the provisions of Chapter 30 will deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification; and
e. That the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure; and
f. That the grant of the variance would be in harmony with the general intent of Chapter 30.
Staff finds that the following variance criteria has been satisfied:
• The existing plaza is located approximately 700 feet back from the main road, which impedes a customer’s ability to locate the store; therefore, special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning district. Section 30.43(b)(3)(a)
• The applicant is moving into an existing space that was constructed prior to the approval of the Oxford Overlay; therefore, special conditions and circumstances did not result from the actions of the applicant. Section 30.43(b)(3)(b)
• The requested variance is in accordance with the standard sign code as required by other properties within any commercial zoning district; therefore, the granting of the variance requested would not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district. Section 30.43(b)(3)(c)
• This overlay district was written with new development intending to take place going forward in mind. The applicant intends to utilize an existing commercial structure and is being severely limited by the overlay; therefore, the literal interpretation of the provisions of Chapter 30 would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification. Section 30.43(b)(3)(d)
• The applicant intends to stay within the County’s current sign code standards; therefore, the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure. Section 30.43(b)(3)(e)
• The applicant intends to stay within the County’s current sign code standards; therefore, the grant of the variance would be in harmony with the general intent of Chapter 30. Section 30.43(b)(3)(f)
Staff Conclusion:
Based upon the foregoing findings, the requested variance is in the public interest and failure to grant the variance would result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, and if the Board of Adjustment determines that the applicant has satisfied all six (6) criteria under Section 30.43(b)(3) of the Seminole County Land Development Code for granting a variance, staff recommends the following conditions of approval:
1. Any variance granted will apply only to the wall signs as depicted on the attached site plan; and
2. Any additional condition(s) deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.