HomeMy WebLinkAbout1994-086 Findings - GoldenBEFORE 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-i-D; Downtown
Commercial.
} Phe appiican~ is r~ questing approval to maintain a sign upon an
~!-.in~ at ~ ic~ atio~ uo7 Jn accordance with the City's Sign Code. A sit6
}~ a}~d othe~ i}{ 't ~enm materials are on file at the Department oJ
'Nhe criteria ~}prow~] of a Variance are outlined in Chapte~
That ii,ere are nx:qn~ er unusual circumstances which apply to this
~hich do not !2,,pica,ly apply else~zhere.
(2~ That approval ~! Nhe application is necessary for the preservatio;
of property rights.
(3) That the proposal's benefits ~ill be greater than any negative
impacts on the development of the adjacent uses; and will further the
purpose and intent o£ this ordinance and the Comprehensive Plan o£ t~:e
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 "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
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
~o!np]ies with the criteria for approval outlined in the Variances
~iN:tp~er 18.100.
The Council finds that there are unusual circumstances which
to this site which are not tbpically found elsewhere in
~ r~own. Specifically, %he ~nct %hat the business faces
~ <~ t, has a Water Stree% address, but has no access directly
~ r Street, makes it difficult for patrons to find ~he place.
3[tion, the slides (Exhibit P-l) presented by the applicant
hat the difference in eleva%/on between the business and
~%reet limits the visibility or ~he business from Water Street~.
DECISION
~. i 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 Yl~e 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 ene sign or two separate signs totaling an area of 24 square feet be allowed along the Water
Street side or East Main Street Skle.
SIGNED and APPROVED THIS ,qw7~4/day of p,~.~z4.t~, 1994
Nan E. Frafiklin, City Recorder
Catherine M. Golden, Mayor