Board of Adjustment Meeting

WEST VALLEY CITY BOARD OF ADJUSTMENT MINUTES SEPTEMBER 7, 2022 The meeting was called to order at 6:00 p.m. by Necia Christensen in the City Council Chambers at West Valley City Hall 3600 Constitution Boulevard, West Valley City, UT 84119, and using Zoom at: https://us06web.zoom.us/j/84610414968 WEST VALLEY CITY BOARD OF ADJUSTMENT MEMBERS Necia Christensen, Angela McConkey, Sandy Naegle, Scott Spendlove, and Josh Pettersson ABSENT Josh Pettersson WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman and Kirsten Hunt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were 2 people in the audience. B-5-2022 West Valley Land Holdings Variance 3535 South Market Street CC Zone REQUEST: Rebecca Sikich, representing West Valley Land Holdings, is requesting a variance from the West Valley City Code. The variance request is from Section 7-6-408(4)(b) which requires that the area limitation for wall signs on buildings or structural facades be 15% of the first story façade which is along Constitution Boulevard, and 5% of any other façade in the City Center (CC) Zone. The applicant is requesting the variances outlined in the table below for the Fairbourne Station Office Tower: Building Side Sign Area Allowed Sign Area Requested Variance by Ordinance Requested East Side 476 square feet 536 square feet 60 square feet West Side 159 square feet 185 square feet 26 square feet North Side 97 square feet 301 square feet 204 square feet South Side 97 square feet 0 square feet N/A Totals 829 square feet 1,022 square feet BACKGROUND:  The Fairbourne Station Office Tower was completed in 2020. Leasing of office space has been underway for a while. However, due to the height and massing of the building, signage has become a question on the east, north and west sides. The applicant met with staff to discuss the sign ordinance and the building being the tallest in the City. While the applicant understands the sign ordinances and their intended purpose, the building height does restrict sign area that is otherwise necessary for tenant success.  The City Center zone allows wall signs on all buildings and on all sides. The area limitation for wall signs is 15% of the first story front façade and 5% of any other first story façade. The ordinance allows up to 15’ of a building’s height to calculate the area of the first story façade regardless of how tall a building is. Typically, the larger percentage allowed for a building’s front façade would be placed on that portion of the building facing the main street.  In this case however, and due to the height of the building, both 2700 West and 3500 South could be considered the main street. The south portion of the building is really close to the Police Station so signage there would not be very effective. The west side of the building is visible but limited due to the hotel and one the one-way street heading to the west.  Proposed signage for this building was outlined above in the request portion of this staff report. Essentially, the applicant is requesting that the square footage that would have been used on the south side of the building be transferred to the east, west and north sides of the building.  Based on calculations from the applicant, the office tower would be allowed to have a total of 829 square feet for signage. Given the height and visibility of this building from both 2700 West and 3500 South, the applicant is requesting 1022 square feet of signage, resulting in an overall increase of 193 square feet. The applicant is requesting this increase due to the size, height and location of the existing building.  The office tower located on this property is a key component to West Valley City’s downtown. As mentioned earlier, this building is located in the City Center Zone. This zone is unlike any other zone in the City. The City Center Zone was created to establish a recognizable center or downtown for West Valley City and promotes architectural and site design treatments that enhance the visual appearance of development within the zone. This zone also promotes tall buildings with a 5-story minimum height and no maximum height.  Ordinances that address signage in commercial zones were written with the intent to offer reasonable opportunities for businesses to be identified for success. These criteria were written to accommodate a standard size and scale of traditional commercial buildings, which in West Valley tend to be buildings that are much wider than they are tall (usually 1 to 2-stories). In this case, the office tower is 9-stories tall, resulting in a building that is taller than it is wide. Hence, one could argue that the signage is deficient for the size and scale of the building in question and falls short of what is reasonable for this structure because the sign code awards wall sign area based on building width. ORDINANCE SUMMARY: Section 7-6-408(4)(b) requires that the area limitation for wall signs on the first story façade to be 15% and for any other side to be 5% in the City Center Zone. The West Valley City Land Use Development and Management Act Section 7-12-107 outlines the standards or conditions for approving a variance. The Board of Adjustment may grant a variance only if: 1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance. 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district.  3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district. 4. The variance will not substantially affect the general plan and will not be contrary to the public interest. 5. The spirit of the zoning ordinance is observed, and substantial justice done. According to Williams, American Land Planning Law (Volume 5, Criteria for the Validity of Variances, pages 131 and 133 et.seq.) there is a presumption against granting a variance and it can only be granted if each of the standards are met. In Wells v. Board of Adjustment of Salt Lake City, the Utah Court of Appeals held that a Boards decision to grant a variance would be illegal if the required statutory findings were not made. Rebecca Sikich, representing West Valley Land Holdings, answered the five variance criteria questions: 1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance. The building is set back from both 3500 South (over 200’) and 2700 West (over 350’). Literal enforcement of the zoning ordinance creates an unreasonable hardship because it does not consider the size of the building and the required dimension of signage to be legible. The hardship is unnecessary, as well-designed signage can be installed to fit the professional standards of the city and accommodate the needs of the businesses. 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district. This property is the first high-rise in WVC and is unique in the City Center zone. The height of the Fairbourne Office Tower requires signage to be larger (thus more square footage) for the public to read the business names on the building. 3. The granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district. We would like to have the same opportunity as other property owners to have signage proportionate to our building and visible to the public.  4. The granting of the variance will not substantially affect the General Plan and will not be contrary to the public interest. We understand and support the city’s Urban Design vision for high quality architecture and appropriate signage. Our reasonable signage request respects the General Plan. The variance will be beneficial to the public, as the signage will reduce confusion and better inform the public. 5. The spirit of the zoning ordinance is observed, and substantial justice done. We trust the zoning ordinance is to encourage exactly what we are requesting, that businesses use sufficient, appropriate, and balanced signage on their buildings. Therefore, a variance would support the spirit of the ordinance and substantial justice would be done. Motion: Scott Spendlove motioned to grant the variance for B-5-2022 based on the applicant's answers to the five variance criteria questions, and the subject property is located within the CC (City Center) zone. Also, there is a deficiency in the ordinance regarding the sign requirements for a building taller than two stories. Sandy Naegle seconded the motion. Discussion: Necia Christensen said that given the subject property is two-hundred feet from one road and three hundred feet from the other, it seems logical to have additional signage on the building to be visible from the street. A roll call vote was taken: Necia Christensen Yes Sandy Naegle Yes Angela McConkey Yes Scott Spendlove Yes Approved – Variance B-4-2022 – Unanimous OTHER Approval of Minutes from August 3, 2022 Meeting Motion: Scott Spendlove motioned to approve the minutes from the August 3, 2022 meeting.  Angela McConkey seconded the motion. A roll call vote was taken: Necia Christensen Yes Sandy Naegle Abstained Angela McConkey Yes Scott Spendlove Yes Approved – Minutes from August 3, 2022 – Majority There being no further business, the meeting adjourned at 6:23 p.m. Respectfully submitted, Kirsten Hunt Administrative Assistant