ZBA OKs two variance requests

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SIDNEY —The Sidney Zoning Board of Appeals approved two variance requests to increase business’s sign sizes during its Monday meeting.

The board considered the request of Sidney Tire owner Jeff Pollard for a variance to increase the cumulative sign size at 1221 Wapakoneta Ave. in the community business district, and against city staff’s recommendation, approved the business’s request.

According to the zoning code, signage can be up to 3-square-feet for each linear foot of building frontage. Barbara Dulworth, community development director, said “with a building frontage of 42 feet, a total of 126 square feet of signage is allowed for the subject property.”

She said the code will allow for the approval of no more than 25 percent over the height or size maximum, which would equal 157.5-square-feet. Pollard proposed a total of 148 square feet of signage distributed among five signs to be located on the front and both side walls of the building.

Dulworth pointed out that in order for the variance to be granted, all four of the following standards, which are outlined in the zoning code, must be met:

• There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity and district.

• Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question.

• The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.

• The granting of such variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements or increase the congestion in the public streets.

Dulworth recommended for board members to deny Pollard’s request because city staff found no exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the area, nor found other examples of signage in the area over the amount allowed by the code. She also noted that increasing sign size could increase driver distraction in the area that is densely developed and heavily traveled.

Board Vice Chair Tom Ehler asked Dulworth what would happen if the number of signs was dropped from five down to four. Dulworth said it depends on which sign is being dropped but in general it doesn’t matter how many signs he has as long as the cumulative signage doesn’t exceed the square footage allowed. Therefore, she said the business could have one large sign or 25 small signs.

Board member Randy Rose expressed surprise city staff recommended denying the business’s request of the flat, on-premises signs since it would not be detrimental to the area. He also spoke highly of the Pollard business and family in continuing the tradition of their business in Sidney.

Rose said after surveying the area ahead of Monday’s meeting, he noted that it appeared that Lochard’s business on Wapakoneta Avenue had a lot more signage than what Sidney Tire is requesting, and the two businesses are fairly similar in size.

Dulworth reiterated that staff could not find extraordinary circumstances to grant the variance, but if the board finds one then it will meet the standard since Rose said found another business in the area with the excess of signage area.

She noted the building lineal frontage is based on the street frontage, which in Sidney Tire’s case includes the corner of the street and the alley. Dulworth said an alley does not count when considering the business’s street frontage. She said if the alley was a street, the footage on that side of the building would used to determine the size of the business’s sign square footage allowed. She admitted that although the alley is not considered a street, it is probably the most traveled alley in Sidney.

Pollard explained to the board where he plans to place the signs and asked for their consideration for approving only a 17 percent, versus the 25 percent variance he could have requested of allowable signage square footage.

“I think it’s going to look nice. You know we‘ve rented the building for 20 years and I just put a new roof, siding, put all new electrical in it; just paved the parking lot. I think it will make that look a lot better than it did. It won’t look gaudy. I know five signs sound like a lot, but the manner in which I will put them up will look nice, professional. I don’t think it’s overbearing, or people are going to look at it and wreck, or something,” Pollard said.

Steve Wagner, Sidney City Council liaison to the board, spoke up to recommend the board consider the alley as the extraordinary circumstance to grant the variance.

Fellow neighboring business owner on Wapakoneta Avenue, Jeff Cavinder, of A1 Auto and Tire, also spoke in favor of granting Pollard’s request for a variance. He said he other business owners in the area would also like to seek approval for a variance for more signs if approved in the future.

The board voted to grant the variance and cited the alley as the extraordinary circumstance to meet the zoning code standard.

The board also granted Love’s Travel Stop’s request for a variance to increase the directional sign size and height at 2231 Fair Road in the community business district.

Chad Burner, representative for Love’s, said they requested the approval to increase the directional sign size to 2.4 square feet and a height of 3.75 feet from grade at each of the three entry areas to the business so that truck drivers who are moving quickly and sitting up high will easily see the signs and will help “prevent cars and trucks from intermingling.”

By Sheryl Roadcap

sroadcap@sidneydailynews

Reach the writer at 937-538-4823.

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