BOA 01/26/2012 Minutes - Laserfiche WebLink

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Board of Adjustment January 26, 2012 Page 2 variance; therefore, City staff cannot support the request. He said if the Board of Adjustment chooses to grant the variance requested for BA 11-09, for the property located at 202 State Road 436, to allow 5.68 square feet of signage copy area for each linear foot of building frontage in lieu of the two (2) square feet of signage copy area for each linear foot of building frontage allowed by Section 3-16.3(B)(2)(a)(1) of the ULDRs ,the motion should be based upon the Board of Adjustment's findings of fact and conclusions, the property conceptual plan attached as Attachment B to the staff report, and the following conditions: 1. The applicant shall re-plat the proposed outparcel through the major subdivision procedure outlined in Section 4-19.6 of the City's Unified Land Development Regulations. The variance shall only pertain to the re-platted Waffle House outparcel, and shall not be applicable to the remaining portion of the Oxford Square shopping center. 2. The variance shall be based on a maximum of 25' of building frontage on SR 436. The total copy area for the re-platted Waffle House site shall not exceed 142 square feet, 3. A building permit for the signage shall be obtained from the City's Building Safety Section within 90 days of the issuance of a Certificate of Occupancy of the new Waffle House structure. 4. The structure shall meet all other site development criteria at the time of permitting. 5. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. In response to the Board's question, Mr. Sorensen stated as a condition of approval the variance would only pertain to the re-platted Waffle House outparcel. In response to the Board's question regarding the City setting a precedent for granting a variance for increased signage for this scale and type of location, Mr. Sorensen stated that Wal- Mart received a signage variance due to the distance between the building and the road. Ms. Gauvin asked the applicant to come forward. Mr. Ryan Petersen, 5986 Financial Drive, Norcross, Georgia came forward. Mr. Petersen thanked the Board for their service that they provide for the City. Mr. Petersen said he first met with Ms. Smith in January 2010 regarding the Waffle House project, Mr. Petersen reviewed the six criteria necessary for granting a variance. He said that the property has the following special conditions: 1. There is a power line easement that runs along the entire length of the property. 2. The existing retention pond covers the entire front portion of the site. 3. It is an infill project and is surrounded by improvements on all three sides. Mr. Petersen said based on the confinements on the site, it is not possible to turn the building 90 degrees. He said if the building was constructed to the rear of the site it would have a 200 foot setback from the road. He said they are trying to revitalize the property and there are limitations and special conditions that apply to the property. Mr. Petersen said that the special conditions were not created by the applicant. He said the linear footage of the building frontage is 150 feet minus the side yard setbacks would leave 100 linear feet. He said based on those