Loading...
Minutes June 2015ZONING BOARD OF AD.IUSTMENT The New Hanover County Zoning Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the New Hanover County Government Center Complex, 230 Government Center Drive, in the Lucie Harrell Conference Room, Wilmington, NC, on Tuesday, June 23,20L5. Members Present Members Absent Justin Lewis, Choirman Joe Miller, Vice-Chairman Chad McEwen Andrew Barnh ill Ha nk Adams, Alternate Pete Devita Brian Prevatte Colin Ta rrant 5haron Huffman, County Attorney Ex Officio Members Prese nt Ben Andrea, Executive Secretary Kemp Burpeau, County Attorney Denise Brown, Clerk Mr. Lewis explained that the Zoning Board is a quasi-judicial board appointed by the Board of Commissioners to consider zoning ordinance variances from residents in New Hanover County where special conditions would create unnecessary hardships. He said the Zoning Board also hears appeals of the County's interpretation in enforcement of the Zoning Ordinance. The appellants have thirty days in which to appeal any decision made by the Board to Superior Court. FIRST ORDER OF BUSINESS 1. Bodrd members suggested the minutes be submitted from the April 28, 2015 to the members who dttended the meeting. Vote wos unonimous. The Chairman then swore in County Staff Mr. Ben Andrea FIRST CASE BEFORE THE BOARD WAS AS FOIIOWS: SGA Design Group, applicant, on behalf of Walmart Real Estate, property owner, is requesting a variance from the number and area of wall signs allowed per New Hanover County Zoning Ordinance Section 94-42(2): Wall Signs. The property is located at 8035 Market Street and zoned (CD) B-2. CASE HISTORY: ln )ulY 2074, the petitioner submitted an application for a variance request to allow for 6 wall signs totaling616.26 square feet on the front (east side) of the walmart building. The petitioners' application material alsodepicted four additional siSns totaling 226.07 square feet proposed additionally for the two side walls (northand south facing sides) of the building, including a 34.5 square ft. of an "Auto center,, sign on the right wall. Forthe left wall, two 74.76 sq ua re ft. of a "pharmacy Drive-Thru" sign, and one 120.76 square ft. ,,warmart,, sign arealso proposed. 1, MINUTES The meeting wos called to order ot 5: j1P.M. by the Choirmon, Mr. Justin Lewis. As the zoning staff was reviewing the signs for construction, the inconsistency between the approved variance and the total signage proposed was discovered. Staff incorrectly advised the petitioner that the wall signs on the north and south walls were in compliance as proposed, and therefore the petitioners' July 2014 variance request did not include the signage. However, the additional signage should have been included in the initial variance request, as the ordinance maximum of 5 wall signs applies to the individual occupancy and not per wall. FINDINGS OF FACT HISTORY: 1. Staff beiieves that a reasonable return can still be secured with compliance with the wall sign regulations as applied with the Zoning Ordinance. 2. Staff does not believe there are unique circumstances related to the applicant's land that create a ha rd sh ip. 3. The applicant has performed any direct actions creating a hardship. 4. lf granted, staff believes that the variance will be in harmony with the general purpose and intent of this ordinance wand will preserve its spirit as the signage represents only 6.8% of the area of the wall area. The maximum allowable area of 250 square feet is not proportional to a larger result establishment. 5. lf granted, the variance will not affect the public safety. The petitioner has requested a rehearing to clarify the signage proposed and the variance requested. ln total, 10 signs are proposed totaling 842.33 square feet, resulting in a variance request of 5 signs and 592.33 square feet from the signage allowed per Section 94-4(2) of New Ha nover County Zon ing Ord ina nce. STAFF POSITION: Section 944 oI the Zoning Ordinance regulotes woll signs: 944: Principle Use Signs (2)Wd Signs- Up to 5 wall signs per occupancy, in aggregate nottoexceed 20 percent of the area of the wall to which the signs are attached, up to a maximum size of 250 square feet per occupancy. Staff recommends approval of the clarified variance request, citing the same findings of fact from the previous action taken by the Board at the July 22,2074. ML Andred states the applicant requested a rehearing to clarify the signage proposed and the variance requested. ln total, 10 signs are proposed totaling 842.33 square feet, resulting in a variance request of 5 signs and 592.33 square feet from the signage allowed per Section 94-4(2) of New Hanover County Zoning Ordinance. Mr. Andrea presented visual display of the existing and proposed signs from various angles, in addition to aerial view photos of Walmart retail site. PRELIMARY FINDINGS OF FACT: The applicant has asserted the following preliminary "findings of fact." staff, in their review of the case, hascommented on the assertions of fact. The Boards findings may agree or disagree with the followingstatements. PETITIONER,S REQUEST: 1' The Board must find that an unnecessary hardship would result from the strict application of theordinance. rt shar not be necessary to demonstrate that, in the absence of the variance, noreasonable use can be made of the property. 2 A. The Zoning Ordinance limits the total number of wall signs to 5 signs, not to exceed the wall area and a maximum of 250 square feet per occupancy. Due to the size of the structure, along with the setback requirements, that would severely limit the equal identification of services. 2. The Board must find that the hardship results from conditions that are peculiar to the property, such as location, size, or topo8raphy. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A. The size of the site and building structure is much larger than the typical single user development and additionally, there are many services provided which would normally require several occupancies. 3. The Board must find the hardship did not result from actlons taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may rustify the granting of a variance shall not be regarded as a self-created hardship. A. The layout of the site is one that is necessary to accommodate parking, access, and site related issues such as draining, screening, etc. The development is a large single occupancy providing multiple services ordinarily requiring multiple occupancies. 4. The Board must find that the requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantialjustice is achieved. A. The current ordinance is provided to limit negative impacts on the community due to excessive signage and safety concerns. The proposed signage will be less intrusive than that of multiple uses providing the same services. Granting the variance will in no way have a negative influence on public safety and welfare, but will allow for substantial justice from a proportional perspective. The Chairman then swore in Sunday Bougher- SGA Design Group, Chris Rutherford, Noel Rhodes and SherriJolly- Community Residents. Mr. Chris Rutherfor4 Mr. Rutherford states he purchased the property due to its location. Mr. Rutherford states he was not aware Walmart would be occupying a space in the community. Mr. Rutherford is displeased at the amount of signage and location of the signs Walmart has been allowed to place at the retail center. Mr. Rutherford states he purchased privacy fence to block out some of the lighting from the retail center and any allowance of additional signage with extensive lighting he is concerned of these signs beaming into his home from various angles at night as some of the previous signs do currently. Mr. Noel Rhodes, Mr. Rhodes has been a resident of the neighborhood for a several years raising his family; he is concerned of the current signs and the florescent lighting that shines at the backside of his home. Mr. Rhodes states the surrounding scenery is changing and not for the good of the residents with the existence of the retail center now in the vicinity. Mr. Rhodes states the signs at the retail site are plentifuland any additional signs are in his opinion are not needed. Mr. Rhodes states currently the sign at the side entrance shines bright and he can visibly see this sign at the rear of his property. Ms. Sherri lolly, Ms. Jolly presents today opposing any additional signs to the Walmart facllity. Ms. Jolly states she has been a life-long resident of the community for about 37 years and she has seen plenty of growth over the years. Ms. Jolly states with the enormous development of the Walmart site it has presented concern regarding her privacy and safety. Ms. Jolly states she has more visibility of the current signs especially during night hours with the heavy beaming of signage surrounding the retail center that she can easily view from areas 3 inside her home. Ms. Jolly states she would like the board to deny any additional signs as to the retail center have signage from all angles presently that light up the community. M9 Sunddy Bougher, (SGA) applicant, Ms. Bougher presents today representing Walmart Real estate for the additional signs at the 8035 Market Street location. Ms. Bougher states she was not aware of the community's distaste for the signage at the retail center. Ms. Bougher states she is more than willing to bring the concerns of the residents to her company and work with the community. PUBLIC HEARING CLOSED The board members stated the signage was approved at the July 22, 201.4 and today's meeting was required to allow the applicant to properly re-apply for additional signage that should've been included in the previous board action at the July 2014 meeting. The board members agreed to grant the variance based on the facts of findings as presented by the staff. BOARD DECISION: 1. SGA Design Group, applicant, on behalf of Walmart Real Estate, property owner, is requesting a variance from the number and area of wall signs allowed per New Hanover County Zoning Ordinance Section 94-42(2):Wall Signs. The property is located at 8035 Market Street and zoned (cD) B-2. 2. On a motion by Mr. Hank Adams and seconded by Mr. Joe Miller the board voted unanimously to GRANT the variance based on STAFF findings and facts. Other Business Mr. Andrea informed the board of possible future upcoming Zoning Ordinance Text Amendment and Special Exception process. EX ecre Chairman 4 BOARD DISCUSSION: MEETING ADJOURNED.