PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a variance from Section 6-16-10 for the subject property located at 311 E. Ogden (Bill’s Car Wash) - PZC 20-1-046
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Gabrielle Mattingly, Community Planner
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 20-1-046 was published in the Naperville Sun on June 29, 2020.
BACKGROUND:
Located north of Ogden Avenue, east of Brainard Street, the subject property has a common address of 311 E. Ogden and is located within the boundaries of the East Ogden Avenue Corridor. The East Ogden Avenue Corridor is defined as Ogden Avenue from Washington Street east to the City’s eastern boundary. The lot is currently improved with a car wash and is zoned B3 (General Commercial District). The petitioner, Karen Dodge, is requesting a variance to the nonconforming sign regulations in order to alter an existing nonconforming pole sign.
DISCUSSION:
The petitioner is requesting approval of a variance to the nonconforming sign regulations to allow alterations to the existing pole sign. At present, the pole sign is located on a landscape island at the corner of E Ogden Avenue and N Brainard Street. The pole sign is approximately 19’ 6” tall. The sign cabinet is 80 square feet in size and the petitioner desires to replace the sign cabinet with the same size sign.
The proposed pole sign does not comply with the sign code requirements on several fronts. Pole signs are defined as a type of ground sign which is supported by a pole structure extended from the ground. In 2008, pole signs were prohibited Citywide resulting in the reclassification of all existing pole signs as non-conforming structures, subject to the restrictions provided in Section 6-16-10 (nonconforming signs). These regulations restrict maintenance or alteration of nonconforming signage which appreciably extends the life of the sign. Any re-branding of nonconforming signage is not permitted administratively. By this definition, the proposed removal of the cabinet to be replaced with a new cabinet, extends the life of the sign beyond what is permitted. In addition to the nonconformity, the code includes regulations on illumination. These regulations only allowing texts and graphics to be internally illuminated. Therefore, the background of the sign is not permitted to be illuminated as this sign proposes.
On April 17, 2018, staff requested feedback from the City Council regarding streetscape improvements along the East Ogden Avenue Corridor and presented a signage design for monument signage along the Corridor. This proposed design is the template used by City staff to review new monument signage along the Corridor to create a consistent vision.
In furtherance of enhancement to the East Ogden Avenue Corridor aesthetics, during the April 17, 2018 meeting, City Council directed staff to develop options that may be used to eliminate existing nonconforming pole signs along the Corridor. Options were then reviewed by the City Council on September 4, 2018. As a result, $30,000 was approved for funding in the 2019 budget to create an Ogden Avenue Pole Sign Replacement Grant Program (Resolution 19-024). In addition, in order to expedite the removal of the pole signs along the Corridor, an administrative process was created to provide relief from required variances for signs which replaced the nonconforming pole signs along the East Ogden Avenue Corridor. The administrative process allows for flexibility for proposed monument signs. The flexibility includes an increase in allowable wall and monument signage, monument signs to be placed on properties which do not have 100’ of frontage, and permits signs to be located within the required setbacks. All degrees of flexibility are subject to the review and approval by the Zoning Administrator. Both the administrative process and the grant program are still available options for replacement pole signs along the Corridor.
The petitioner’s responses to the Standards for Granting a Variance are included in the attachments. Staff does not concur with the responses to the standards submitted by the petitioner. Staff’s comments with respect to the variance standards, based upon a review of the subject property and applicable Code provisions are as follows:
Variance Standard #1: The variance is in harmony with the general purpose and intent of this Title and the adopted comprehensive master plan.
Staff Comments: The Naperville municipal code allows for a degree of flexibility in alterations to nonconforming signs, but does not permit the extent of changes proposed by the petitioner. While staff is supportive of revitalization to properties along the Corridor, the proposal is inconsistent with the vision for the Corridor. Staff finds an alternative design option could be proposed by the petitioner which includes removal of the pole sign and replacement with a monument that is more in line with the vision.
Variance Standard #2: Strict enforcement of this Title would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district.
Staff Comments: Given the information noted above, which summarizes the options provided to the property owner, staff does not find there is a hardship on the property that would allow for replacement of the nonconforming cabinet signage. The owner is provided with adequate alternative options including the Ogden Avenue Pole Sign Replacement Grant Program and the flexibility in administrative approval of sign variances for removal of the pole sign and replacement with a conforming monument sign design.
Variance Standard #3: The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.
Staff Comments: Approval of the proposed pole sign variance would conflict with the East Ogden Avenue Corridor enhancement initiative and alter the essential character of the neighborhood by approving a sign which is inconsistent with other pole signs that have been removed. Since pole signs became prohibited in 2008, several existing pole signs have been removed and replaced with monument signs. These include businesses which are in close proximity to the subject property, including 300 E Ogden Avenue (directly south of the subject property) and 335 E. Ogden (otherwise known as Nicky’s Hot Dogs - directly east of the subject property).
Key Takeaways
§ The petitioner is requesting a variance to Section 6-16-10 (nonconforming signs) of the Naperville Municipal Code in order to alter the existing nonconforming pole sign at 311 E. Ogden.
§ Staff does not support the variance as the request is inconsistent with the effort to enhance the aesthetics of the East Ogden Avenue Corridor.