Board of Zoning Appeals

CITY OF MURFREESBORO BOARD OF ZONING APPEALS Regular Meeting, February 25, 2015, at 1:00 p.m. City Hall, 111 West Vine Street, Council Chambers, 1st Floor AGENDA 1. Call to order 2. Consideration of minutes for the regular meetings on January 28, 2015. 3. New Business Sign Variance Requests a. Application S-15-006 by Mr. Randy Adcock of Cook Neon Sign for Sonic Restaurant, is requesting a variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement on property located at1129 Fortress Boulevard. b. Application S-15-007 by Mr. Kevin Newell of Newell-Berg Holdings, LLC, for Burger King Restaurant, is requesting a variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement on property located at 2407 New Salem Highway. c. Application S-15-008 by Mr. Denys Vest of Jarvis Sign Co. for Schwan Cosmetics, is requesting the following variances for property located at 3202 Elam Farms Parkway: • A variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement and a variance • A variance from Section 25 ¼ -24 (C)(4)(b)(2) of the City of Murfreesboro Sign Ordinance which allows Single Tenant Buildings three (3) attached signs provided that no single attached sign shall exceed two square feet per linear foot of building frontage or no greater than 150 square feet..  d. Application S-15-009 by, Mr. Denys Vest of Jarvis Sign Co. for Tire Discounters, is requesting a variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement on property located at 2922 Medical Center Parkway. 4. Staff Reports and Other Business 5. Adjourn  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS FEBRUARY 25, 2015 Application: S-15-006 Address: 1129 Fortress Boulevard Applicant: Mr. Randy Adcock of Cook Neon Sign Co. for Mr. Tim Dietz, representing Sonic restaurant Zoning: Commercial Highway (CH) and Gateway Design Overlay (GDO-1) Request: A variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement The Applicant, Randy Adcock with Cook neon Sign, Inc. representing Tim Deitz owner of Sonic Drive In is requesting a variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a foundation or signs placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals approval. The sign location proposed at 1129 Fortress Blvd. is within the GDO-1 Zone. The applicant is requesting permission to erect one (1), internally illuminated freestanding wall signs with 45sq. ft. display area, an overall height of 8’ with an opaque background. The sign will be located within a 20’ public utility easement. The Agreement for a Sign in a City of Murfreesboro Easement for this location has been signed by Murfreesboro Water & Sewer, Murfreesboro Electric and the Director of Building & codes. Letters of approval have been received from Atmos Energy, AT&T, and CUD. CUD has agreed to the current sign location with a required 10’ separation from the water line. Due to the sensitivity of placement of the sign in regards to utility lines staff requires that the sign be located on site by a Tennessee registered engineer or surveyor and that a form for Certification of sign placement be provided prior to permitting. The applicant will comply with all other setbacks and regulations. Mr. Randy Adcock will be in attendance at the meeting to answer any question that the Board may have.  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS FEBRUARY 25, 2015 Application: S-15-007 Address: 2407 New Salem Highway Applicant: Mr. Kevin Newell of Newell-Berg Holdings, LLC, for Burger King Restaurant Zoning: Commercial Fringe (CF) ) Request: A variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement The applicant, Matt Taylor with SEC, Inc. representing Newell-Berg Holdings LLC, TN is requesting a variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a foundation or signs placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals approval. The sign location proposed at 2407 New Salem Hwy. is within a Commercial Fringe (CF) zone The applicant is requesting permission to erect one (1) internally illuminated freestanding wall sign with 64 sq. ft. display area and an overall height of 25’. The sign will be located within a 10’ Public Utility Easement. The Agreement for a Sign in a City of Murfreesboro Easement has been signed by the Murfreesboro Water and Sewer Department, the Director of Building and Codes and the City Engineer. An agreement for a sign in an easement letter has also been submitted from AT&T, Comcast and Atmos Energy with no objections to the sign placement. Consolidated Utility District (CUD) submitted an agreement for the sign to be installed in the easement with the requirement of a 10’ minimum separation from waterlines. Due to the sensitivity of placement of the sign in regards to easements staff requires that the sign be located on site by a Tennessee registered engineer or surveyor and that a form for Certification of sign placement be provided prior to permitting. The applicant will comply with all other setbacks and regulations.  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS February 25, 2015 Application: S-15-008 Location: 3202 Elam Farms Parkway Applicant: Ms. Denys Vest of Jarvis Sign Company for Schwan Cosmetics Zoning: Light Industrial (L-I) Zoning District Request (1) A variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement; (2) A variance from Section 25 ¼-26(C)(4)(b)[2] of the City of Murfreesboro Sign Ordinance which allows Single Tenant Buildings three attached signs provided that no single attached sign shall exceed two square feet per linear foot of building frontage or no greater than 150 sq. ft. The Applicant, Denys Vest with Jarvis Sign Company representing Thomas Bryne for Schwann Cosmetics is requesting 2 variances for property located within a Light Industrial Zone at 3202 Elam Farms Pkwy. Requests include: Variance #1- Sign located within a public utility easement. This site is located on two road frontages at Veterans Parkway and Elam Farms Parkway and is a 25 acre lot with a 171,000 sq. ft. building. The applicant is requesting permission to erect one (1) internally illuminated freestanding wall sign with 80 sq. ft. display area and an overall size of 225 sq. ft. and an overall height of 11’. The proposed sign would be located at the entrance to the site at the intersection of Veterans Parkway and Elam Farms Parkway. The sign will be located within a 65’Consolidated Utility District (CUD) water easement which runs the entire length of the property at that location. An Agreement for a Sign in a CUD Easement has been signed by CUD’s Project Coordinator and the Director of Building & Codes. The agreement also requires that the footing be located at least 10’ from the existing water line. Due to the sensitivity of placement of the sign footer in regards to the water line the sign will be required to be located on site by a Tennessee registered engineer or surveyor and Certification of sign placement provided prior to permitting. The applicant will comply with all other setbacks and regulations for the ground sign. Variance #2- This is single occupant tenant with 171,000sq.ft. of building area, located 260’ from Elam Farms Pkwy and has 332’ of building frontage. The applicant is requesting a variance for an increase in the size of a single sign from 150 sq. ft. to 171 sq. ft. All attached signage will be push-thru style illumination and meets all other setbacks and requirements. The City of Murfreesboro Sign Ordinance, Section 251/4-6 states that a condition of a variance request is that it does not violate the limitations set forth in 251/4-29(E), which defines an attached sign as a nuisance if it exceeds the signable area and height by fifteen percent or more. This request would be less than fifteen percent. Each variance request will require a separate motion. Denys Vest will be in attendance at the meeting to answer any questions that the Board may have.  MURFREESBORO BOARD OF ZONING APPEALS STAFF COMMENTS February 25, 2015 Application: S-15-009 Location: 2922 Medical Center Parkway Applicant: Ms. Denys Vest of Jarvis Sign Company for Tire Discounters Zoning: Commercial Highway (CH) and Gateway Design Overlay (GDO-1) Request: A variance from Section 25¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a sign placed in or over a public utility or drainage easement on property located at 2922 Medical Center Parkway. The Applicant, Denys Vest with Jarvis Sign Company representing Tire Discounters. is requesting a variance from Section 25 ¼-24 (A)(22) of the City of Murfreesboro Sign Ordinance which prohibits a foundation or signs placed in or over a public utility or drainage easement without consent of the easement holder and Board of Zoning Appeals approval. The sign location proposed at 2922 Medical Center Pkwy is within a GDO-1 Zone. The applicant is requesting permission to erect one (1) freestanding wall signs with 50 sq. ft. display area with push-thru style illumination on the upper 18 sq. ft. of sign display area and the bottom 32 sq. ft. manual changeable copy sign area will not illuminate. The overall height of the sign will be 9’ and will be located within a 40’ public utility easement. The Agreement for a Sign in a City of Murfreesboro Easement for this location has been signed by Murfreesboro Water & Sewer, Murfreesboro Electric and the Director of Building & Codes. Letters of approval have been received from Atmos Energy, AT&T, and CUD. CUD has agreed to the current location placement of the sign with a 10 required setback from their water line. Due to the sensitivity of placement of the sign in regards to utility lines staff requires that the sign be located on site by a Tennessee registered engineer or surveyor and that a form for Certification of sign placement be provided prior to permitting. The applicant will comply with all other setbacks and regulations. Denys Vest will be in attendance at the meeting to answer any question that the Board may have.