HomeMy WebLinkAbout1994-0907 GOLDEN FINDINGSBEFORE THE CITY COUNCIL
September 7, 1994
IN THE MATTER OF PLANNING ACTION #94-104, REQUEST FOR A )
SIGN PLACEMENT VARIANCE TO ALLOW FOR A SIGN TO BE MAIN- )
TAINED ON AN AWNING NOT IN ACCORDANCE WITH CITY SIGN )
CODE. )
)
APPLICANT: GRADY & SUSAN GOLDEN )
)
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 10100 of 391E 9BB is located at the northeast corner of the
intersection of East Main and Water Streets and is zoned C-l-D; Downtown
Commercial.
2) The applicant is requesting approval to maintain a sign upon an
awning at a location not in accordance with the City's Sign Code. A site
plan and other pertinent materials are on file at the Department of
Community Development.
3) The criteria for approval of a Variance are outlined in Chapter
18.100 and are as follows:
(1) That there are unique or unusual circumstances which apply to this
site which do not typically apply elsewhere.
(2) That approval of the application is necessary for the preservation
of property rights.
(3) That the proposal's benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further the
purpose and intent of this ordinance and the Comprehensive Plan of the
City.
(4) That the conditions or circumstances have not been willfully or
purposely self-imposed.
4) The City Council, following proper public notice, held a Public
Hearing on September 7, 1994, at which time testimony was received and
exhibits were presented. The Council approved the application subject to
conditions pertaining to the appropriate development of the site.
Now, therefore, the Council of the City of Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
IIMII
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information
necessary to make a decision based on the Staff Report, public
hearing testimony and the exhibits received.
2.2 The Council finds that the proposal to maintain a sign upon an
awning at a location not in accordance with the City's Sign Code
complies with the criteria for approval outlined in the Variances
chapter 18,100.
2.3 The Council finds that there are unusual circumstances which
apply to this site which are not typically found elsewhere in the
downtown. Specifically, the fact that the business faces Water
Street, has a Water Street address, but has no access directly from
Water Street, makes it difficult for patrons to find the place. In
addition, the slides (Exhibit P-l) presented by the applicant show
that the difference in elevation between the business and Water
Street limits the visibility of the business from Water Street.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
Council concludes that the proposal to maintain a sign upon an awning at
a location not in accordance with the City's Sign Code is supported by
evidence contained in the record.
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, we approve Planning Action
#94-104. The following are the conditions and they are attached to the
approval:
1) That all signs fronting Lithia Way, East Main Street and Water Street be removed, except
that one sign or two separate signs totaling an area of 24 square feet be allowed along the Water
Street side or East Main Street Side.
SIGNED and APeROVED THIS ,,~a/day of )d~, 1994
Nan E. Fr'~n~klin, City Recorder
Catherine M. Gold~'n, Mayor