L46 B2 BMBC Variance signTown of Avon
Sign Variance Staff Report
October 19, 1999, 1999 Planning & Zoning Commission meeting
Report date
December 20, 2019
Sign h
Freestanding Identification
Legal description
Lot 46 Block 2 Benchmark at Beavercreek, Lakeside Terrace
Zoning
PUD
Address
032 Benchmark Rd.
Introduction
The applicant is seeking a variance to the ten-foot sign setback requirement due to the property line distance from the nearest town street and the existing landscaping.
Design Review Considerations
Variances.
Purpose. The planning and zoning commission shall have authority to grant variances from this regulation to prevent or lessen such practical difficulties and unnecessary physical hardships,
inconsistent with the objectives of this title, as would result from strict or literal interpretation and enforcement.
Approval Criteria. Before acting on a variance request, the planning and zoning commission shall consider the following factors:
The relationship of the requested variance to existing and potential uses and structures in the vicinity;
The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity;
Such other factors and criteria as the commission deems applicable to the requested variance.
Findings Required. The planning and zoning commission shall make the following findings before granting a variance:
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity;
That the variance is warranted for one or more of the following reasons:
The strict or literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the title,
There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity,
The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity.
Staff Recommendation
Staff recommends approval of the sign variance due to the location of the property in relation to Buck creek and Benchmark Rd. The Lakeside terrace property is visible from Benchmark
Rd. but does not have frontage on any town streets. Existing established landscaping is an impediment to the sign to being placed outside the setback. (Criteria ii)
Recommended Motion
I move to approve the Sign Variance for lot 46, block 2 Benchmark at Beavercreek, Lakeside Terrace as depicted on the application dated 9-17-99 with the following condition.
There will be no change in the location or number of existing plant materials without first obtaining staff approval.
There will be no change in grading without first obtaining staff approval.
If you have any questions regarding this project or any planning matter, please call me at
748-4030, or stop by the Community Development Department.
Respectfully submitted,
Stephen Hodges
Community Services Officer
Planning & Zoning Commission Action
( Approved as submitted ( Approved with conditions (noted below)
( Denied ( Tabled ( Withdrawn by applicant
Motion
Commissioner Fehlner moved to approve the Sign Variance for lot 46, block 2 Benchmark at Beavercreek, Lakeside Terrace as depicted on the application dated 9-17-99 with the following
conditions.
There will be no change in the location or number of existing plant materials without first obtaining staff approval.
There will be no change in grading without first obtaining staff approval.
Commissioner Morrison seconded. The motion passed unanimously.
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Signed:
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Chris Evans, Chair
Attest:
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Greg Macik, Secretary