11-10-16 (Cancelled) Special Meeting of the Zonining Board of Adjustment Meeting

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Board of Adjustment Meeting November 10, 2016 New Orleans Seafood Sign Variance South MSDO, Main Street District Commercial (321 W. Main St.) Overlay West MSDO, Main Street District Park Like Lot (402 W. Main St.) Overlay East MSDO, Main Street District Commercial (318 W. Main St.) Overlay Applicable Code Provisions: Section 106-874, speaks to on-premises signs. The following is an excerpt from that section as applicable to this variance request (see highlighted): (4) a{ ķźƭƷƩźĭƷ ğƓķ ƚǝĻƩƌğǤ͵ a. Pre-existing, nonconforming signs listed at the following locations within the overlay and Main Street District existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. The city accepts no liability for any damages to any signs within public right-of-way or easement. The city also reserves the rights to enter into, maintain, and utilize all common use public utility easements and public rights- of-way to promote the health, safety, morals or general welfare of the community and the safe, orderly, and healthful development of the city. 1. 101 E. Main. 2. 201 E. Main. 3. 115 W. Main. 4. 208 W. Main. 5. 306 W. Main. 6. 521 W. Main. 7. 616 W. Main. 8. 718 W. Main. 9. 820 W. Main. 10. *107 N. 8th. 11. *105 Highway 146 S. 12. *117 Highway 146 S. 13. *120 Highway 146 N. c. Any new on-premises freestanding signs, which shall only be permitted on those properties where a building is already existing and is setback from the front property line, shall be a ground sign that is a minimum height of 10 feet from the bottom of the sign and a maximum height of 14 feet and cannot exceed 24 square feet in area. (Note: In accordance with section 106-878(b)(2), sign not exceeding eight feet in height do not have to be engineered.) d. A city permit shall be required prior to any new signage. Analysis: The applicant is seeking approval of a variance that would allow the placement of a sign that is 292.24 square feet in size. Code of Ordinances the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and sta