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HomeMy WebLinkAbout092487 Min Packet # k. di P CRT, TOWNSEN09 WASHINGTON 983158 f r ow Comm'somon I . F. :71 r r CITY OF PORT T. r t � � R7�� �+ ► r fF r, + ILII * r' •-' 4 F - -L - ..MINUTES- SEPTEMBER 24 1,987 * t , * s %Peni usi ness aid -Voll i aill � � � �; � r # Chairman Ca rman called'.the" mein +to or Or 't- 7:35 {ISI:.. Members pr~e entFrere Nark . SItern.Don McLarne r; FBb i imm Jim. T �e r� i ; and Chairman Al n'- arma' n.., Chairman Catman declared a quorum:. Also present was- City Planner.Michael, Hildt.. � - .� � Tyr •, i � - 7h mor tes ug t � , 19 7 � rere-approved 6 ry . . A. - f * *, orxmlrl VViR r # + r r M'r'.- r]dt 'dist r b ted .le' ter from the ownto� r .w` i tor-ic.'District Property Owner • ,;• '. 4 Assoc. statin th at�the � ro l d� ha e g er r x�r�� }3da •ro s':and. oxx �n r� on .the `4 r 'P t{ -- .irir g issue reader+for . l annir'g commission�review i N; la rs#r The review had pof r d -out,pthat..,if the..cor a i cion F be n� ch l � or` ctob 1987. fir., Hildt�� `,. � it d ntii November' ,.for the asso i tion' '�'�i� ix ,�the i s robabl would l -not. go to the City council before -the gi nn in 9 of=t i ` r parking,-ordrr once was"continued,.to October,,29-A, 87;and will. be-+ re d ertised# , t. l �4# 1 { .Dick Sir it �, representing the, owno n. -lei t ri .; i �-ict, o e .ty Qw r sc. a in is itf that the-October- 29th hearing:would give. therm adequate� ime to • prepare testimony.. • Mr. Carmen menti nedt & seminairo,,be end.,by..'4th'e �Ur ersity of 1? r 1 �a hi gt n La ri' .School -on.-November 1 t ori the-'"ta in " �� sine. � , - - Mr. 'Hildt said that tpe rh s metit �f of ter the-fir f#`th �#� ;e r `the' it r and P County'.would jointly s onsor a workshop .oma basic l nd ;kine lair and. pp airan a of fairness; in corp roti;n the Short Cou r ise on Local -Planni g but goi &beyond it on.. s some legal issues. IF ` + � . . ' Id Business rr ` ..- , '. * 'ay ppli t ion'.Noy, .787—02 . Timil. r ,any, ' - • Variance Request � i. � , - .o.. Boxy 2 � 7 .Terminal Station ' .. # -- -Seattle,* �� �9 i2 � r. �: i .I } r' '' .[• til_ { ,* - a ' Mr. Iildt presented ,the staff. report 4 - e, passed out.a., letter r.f roan thea Ircar�t clai if Ying and A&iending the - .quest. - rhe' - mr en ed- r st u i t replace. t � e isti �g ground mounted.ted. price sign', apprIoxima l ,3 - h-.- f.t., with ai 36 sq.' ft. sign mounted ori the existing .'ole .located 4 a the southeast- corner of. the property. ; lie + r ser ted a amended d daft finding f fact-*3,'OUtli i which the' existing, signs ' + were legal nonconforming, r � prion - 1y , t1 e, i date f the sign- code), and-which -were ere illegally ins a-lled without permits after the sign code- . gent into effect. The standing gas price sign in question-teras installed in August, 1986 when the business opened, and is therefore an illegal nonconforming sign. Mr. Hildt passed out a revised conclusion which dealt with the relocation of a nonconforming sign. The total square footage of the legal nonconforming signs (303 SF' exceeds the square footage allowable in the ordinance. The other signs which were erected without permits result in a total sign area of over 600 square feet. This does not include small window signs not intended to be read fon the public right-of-way. The requested change would not increase this amount. Mr. Hildt gent over the criteria for a variance. The commission discussed the implied definition of "temporary sign" which apparently refers to signs placed for a period of from 45-60 days. They discussed trademark signs which are prohibited outright unless the product advertised makes up the bulk of the business of the establishment. - They also brought up wall signs which ch ma not cover more than 70S of the lineal frontage of the wall. Mr. Hildt thought the wall signs at the Uackpot probably exceeded this limit. Chairman Carman opened the public hearing. Mr. Dale Hendrickson, applicant, said he was under the impression that the former company representative had applied for a permit for the gas price sign. He had thought the signs for "copies, chic en'n#spuds, video rental, and beer" were temporary, informational signs and therefore did not require permits. He said that gas stations had to post their- prices, 'Phis is not a state lams but is necessary to the operation of the business. The neer sign will be internally lit. Mr. Tavernakis asked if the product signs which Mr. Hendrickson considered temporary, advertised short term or long term products. Mr. Hendrickson said the products were long term though the representatives of the companies changed the signs periodically. Ms. dater asked why Mr. Hendrickson had decided to apply for a variance to move the price sign when he had put the reader sign yup without a permit. Mr. Hendrickson said he had thought that a permit had been obtained for the price sign by the former company representative. He was unable to contact this person prior to the hearing. Mr. Hildt said that neither Kathy MacDonald nor Ted Stricklin had any memory of such a persalt application. Mr. Dirk Eisinga, bort Townsend Honda, said his business was going to have t apply for a variance to move their sign because it is blocked by the Jackpot sign. Mr. T veru skis said one of the criteria for a variance was that the granting of the variance not be detrimental to other property owners. He .asked if the signs were in competition for visual air- space. Mr. Eisinga said that the Jackpot sign had been in place when he bought the pope , so he felt he had no right to object to the sign itself. Putting the gas prices on the pole would not snake the situation much worse since his sign is already almost completely blocked. Chairman Carman thought getting the sign off the ground would have a beneficial effect on the overall signage in the area. Mr. Hendrickson offered to move the reader board on the pole in an attempt to provide more visibility for Port Townsend Honda. Chairman Carman closed the public hearing and requested the committoo report. Mr. Grimm said he had a problem with the variance. Moving a 36 square foot sign seemed insignificant untilyou act that the total signage of the establishment exceeded the established limit by a factor of 6. He thought this seemed out of control. Ms. Slater said she agreed that moving the sign to the pole would clean up the area, but she would also like to see about half of the signs eliminated. She asked if the commission could require that the illegal nonconforming signs be eliminated as a condition to granting the variance. Mr. Hildt said the commission could require that without granting a variance. Enforcement letters are going out in the near future to ,deal with the problem of illegal signs. Chairman Carman said that other gas stations in the area had their prices pasted. He felt that functioning without price signs posed a hardship. Granting a variance would not replace the requirement of removing the illegal nonconforming signs. The commission discussed arranging for the legal nonconforming signs to include gas prices. lir. Hendrickson said this would be unusual, placing prices in places here the public was not used to looking for them and would be a hardship. Draft finding l was changed to indicate '...the addition of the proposed sign would result in a total sign area of over three times the 100 square f eet of sign area permitted by the sign code' ' The total square footage of the two legally established signs is 303 sq. ft. The addition of the proposed sign would bring this up to 339 sq. ft. Draft finding 2 was amended by deleting the last two sentences. The existing sign area, including illegal signs, totals 611 square feet. The commission mission adopted amended draft finding 3. Draft finding #4 will be corrected to read "Swan Park Addition". Finding 8 will read: "By letter dated, 9/21/87Time Oil Co. has amended this variance application to a 3' c 60 gas price ole mounted sign-to be erected under conditions of theapplication."#FIs. dater moved to adopt the draft findings of fact 1-8 in draft 2A as correct . nd amended by addendum dated 9/24/87, deleting the phrase "interior lit". Mr. Mcl_.arner seconded. The notion passed - . Mr. Grimm moved that the commission recommend to the City Council that application #787- 2 be denied, utilizing the findings and conclusions contained on draft 2A of the staff report, as amended. The last sentence of draft conclusion #1 was deleted. Draft conclusion #6 states that the request does not meet the criteria for variance from the sign code. Mr. T verna rs seconded lair. Grimm's motion. Chairman Carman said this put any neer business at a distinct disadvantage in terms of signage. At the time of the original application, on site signs were not required to be part of the application. He thought the applicant was being penalized for an oversight at the time of building construction. Ms. Slater said that a gas station opening now would have to conform to the sign ordinance. if 36 square feet were allotted to prices, they would have a total of 64 square feet for other signage including their nacre. She said she would look at the application differently if the total signage didn't sit at 611 square feet. She thought there had to be some limit to the impact a business rade on passers by. Chairman Carman clarified that over 300 feet of the signage was legal. The other 300 feet will meed to be removed or handled by a variance. Mr. Grimm asked if a portable 'A' frame could be considered temporary. Mr Hildt said that portable reader board signs were expressly rohib ted. Mr. Tavernakis called for the question. The motion passed -1 with Chairman Carman opposed. Mr. McLarne r suggested that the recommendation be forwarded to the City Council together with a statement that the commission thought the sign code should be reviewed and reprised. b. Application No. 987-01 Monte Matthews Short Plat Application 360 Highway 101 West Port Angeles; IIIA 98362 Ids. Slater moved to continue the application by Monte Matthews for a Short Plat permit to October 8, 1987. Mr. Grimm seconded and the motion passed -o. IV. New Business Mr. Kosec and Kiri Hoglund were assigned to the committee on variance application *987-03 by Lunda and Bjorn Lunde. This will be heard on October 9, 1987. The variance application b port Townsend Lumber will also be heard on this date, if it is pursued, together with the bearing on the downtown parking ordinance. The commission discussed the 1988 budget submittal. Travel was changed from $500 o o and education from $300 to $600 in order to accommodate the needs of both the commissioners and Mr. Hildt. Ms. Slater moved the budget be approved as amended. Mr. Grimm seconded and the motion passed 5-0. V. Adjournment Chairman Carman adjourned the meeting at 10:20 P.M. Alice King, Secret ryv } w To: Planning commission From: Michael ildt 0/0 mmpd� Cityl.ann�4K er : Variance Appl. 787-02, Time oil eo. , sign area. Date: September 21, 198' Dale Hendrickson of Time oil called ane after reading my briefing and recommendation on the above referenced application. Their intent is to remove the existing standing gas price sign 3 square feet, A-f am and replace it on the existjng Pole sign with a 3 X 9 price sign total 54 square feet as illustrated in the drawing submitted. The existing Treader board would be retained and relocated on the pole below the new gas price sign. Most significantly, they do not intend to erect an additional pole sign as I had understood their application, and letter. Accordingly, their variance request is for an additional 18 square feet of sign area 84 SF proposed gas price sign, less 3 SF existing gas price sign to be removed) . Thus, if granted, the vakiance mould allow a total sin area of 629 square feet 611 SF existing plus 18 SF net additional) . Although this request would result in substantia .ly lens sigm area than l had originally understood by the application, 1 continue to recommend that the variance be denied for,the same reasons stated in the September 14 briefing. - - The end result - - - would be over six times the area permitted b `the sign code. The variance criteria would still not be met. Mr. Hendrickson indicated over the telephone that the company also produces a stock 3 X 6 gas price sign in addition to the 3 model shown in the drawing. Accordingly, the existing standing gas price- i3ign-could- be--replaced with-their--= 8 model. without hardship to the applicant or increasing the existing sign area. , Mr. Hendrickson will amend the application by letter prior to the Planning- ommisslon` ---meeting-oxo --Septembe r- 2 . - - Please give me a call if you have any questions. Attached are amended draft findings and conclusions for your conlderati.on. 4 lb DRAFT c) A + TNDINS OF�FACT-AND CONCLUSIONS d oTHIR• PLA WI G CQMT1RST0H i Date: , September 24, 1987 e e. Variance Appl. 787-02, Time oil Co. , s .gn area. After rFespectui consideration of the above referenced appli- . cation including -site inspection of the property, and after tiiiely notification and hearing, the Port Townsend Planning Commission hereby submits to the City Council the following findings and cone lugs ions; -1. Time oil Company proposes addition of a gas price sign ofr fifty-four square feet to the existing free standing sign at 2342 . . Sims Way, the Jackpot Service Station and convenience store. The proposed sign would be an illuminated, freestanding, two-sided gas"price sign mounted to the existing 6ign pole at the southeast corner of the property. A variance .is requested because the addition of the proposed sign would result in a total sign area of over six times the loo square feet of sign area permitted by the sign code Chapter 17 .34 Port Townsend Municipal. Code) . �. 2. Signs currently existing on the premises are listed on Attachment A. Assuming that all existing window signs, except neon brand name beer sghs, are either incidental signs or . temporary window signs, the existing sign area: totals 611 square feet. The proposed sign would add 18 net aware feet for a total sign area of 629 square feet. (The ex isting 36 sq. ft. "price _ pools" sign would be replaced by the proposed 54 s . ft. sign. ) r i 3. A letter from the applicant dated August 20, 3937, states that-.the mansard -sign-_011 SF 4 .,- pole- sign.-(192. S -) R-reader.board_-_. (64 S , trailer dump sign (1 , gas price pools (36 and the two east and west wall signs 133 SIS) were installed in August, 1936, prior to the effective date of the sign ordinance. Those nonconforming signs now in existence which were erected prior. o% the effective-.date-.of-_.the.z ign code--are-_legal.,,_.-- nonconforming signs. The "CHI 1 "n SPUDS"' and ""VIDEO RENTALS" banner signs, as well as the neon, brand-name beer signs, appear to have been erected after adoption of the sign ordinance and were installed without permits. IF igures are square feet- of sign area with corrections of the fi.gures included in the applicant's letter where necessary. PLwnim Co=Zumion Page 1 t RAF7 z) A 4. The- subject. property its in the C-II zone on the north side. of i State Highway No.2 SR 20 , Lots 4-9 and 14-19 of Block 2 of the Swain Park Addition, between Howard and Cliff Streets. Immediately east of the property is Port Townsend Honda and Marine, to the north and east are vacant, wooded properties which are commercially zoned. The Hilltop Tavern is approximately 500 feet to the east. Across SR 20 's vacant property zoned C-Iand R- - which is signed with real estate seas. Further to the east the SR 20-Sims -Way corridor is generally-developed with commercial establishments, predominately auto-oriented retail and real estate businesses. Sims Way is the major thoroughfare entering Fort Townsend... The subject property Is appro rimately one-half. m i Ie: inside the western city limits. The speed limit is forty miles per hour. . 'The applicant states that the subject property is highway oriented and requires more signing to attract bus .nes s than areas with slower moving traffic. The applicant also considers the, - establishment is three businesses--grocery, deli -and gasoline-- each-'requiring asoline-_each-'requiring signs to display its existence to motorists. .. . Though Jackpot offers multiple-productB, it iB operated as a -- 93 le retail business and. does not meet- the definition of a "multiple-tenant building.} 17.34.030 Fort Townsend Municipal Code) . The question is moot in this case, however, because three businesses in a multi--tenant buildi,g are allowed thirty-two square feet of sign area each, for a total permitted sign area of ninety-six square feet. . chapter 17.34 (Signs) -o the Port Townsend Municipal Code provides greater sign restrictions for the commercial historic district, encompassing most of downtown Pont Townsend, than those restrictions which apply to other commercial properties including .. the subject property. . Time oil company supplies a standard- 3 ft. X 6 ft. gas price sign in addit*on to the 3 ft. X 9 ft. sign proposed to be erected in the application. -�- . i 1. Literal-interpretation- and atr ict-=appl ication--of-the-��.... provisions and requirements of the sin code would not cause hardship because of unique or unusual conditions pertaining to the specific property in question. Although the...applicant"s. .s desire to erect larger signs is acknowledged and appreciated such condition is not unique to the applicant's establishment and pertains equally to other properties subject to the sign code along thew� R 20--Sims .Way.. Corridor. The applicant could replace._,. the existing, standing, 3 ft. X 6 ft. gas price sign with a P1 ann i.ft lm Pae 2 i i i•}w fi 1 5 ■ A 4t ' i F standard, pole-mounted, 3 4,f.t ft. gas price -sign supplied by the company without hardship. _ 2. The granting of the variance would be materially detrimental to other property owners in the vicinity to the -ectent erection of the proposed sign would compete visually with smaller less obtru ive suns. Accordingly, granting of the proposed variance would doubtless serve as an inducement for future variance applications and be cited as justification for granting such requests. 3. The granting of the variance could be materially detrimental to the travelling public by increasing visual distractions resulting from the increased sign area requested, as -well as the cumulative effects of future large signs erected by neighboring businesses which would therefore be compelled to compete for attention in a more sign-cluttered roadside. _ The granting of the variance would be contrary to'-the objects of this chapter relating to the reduction of clutter; improvement of the quality of living; enhancement of natural beauty; creation of a more attractive economic and business climate; and i encouragement of appropriate advertising and display signs which harmonize with buildings, natural settings and other signs in the area. . Because the request does not meet the criteria for variance from the sign code, would be contrary to the purposes set forth by the ,City council in enactment of the sign code, and would b .. precedent constitute an amendment de facto, the Port Townsend Planning commission recommends that the application be DENINDS Respectfully submitted on behalf of the Port Townsend Planning Commission, Donald Hoglund, CReview Committee } r PIMMing Comnission Page nD RAFT j3[NDj-N(;S---01?. FACT A - c o QTJ7S l o =off THR PLANNTNG. CONNTSBI_o Pate: - September 2 , 1987 Re: variance Apps. 787-02,, Time oil Co. , sign area. After respectful consideration of the above referenced appli- cation including on-site inspection of the property, and after timely notification and hearing, the Port Townsend Plannl.ng Commission hereby su m its to the City Council the following findings and conclusions: Findin a i 1 . Time Oil `Company proposes addition of a gas price sign of fifty-four square feet to th.e existing free standing sign at 2342 Sims Way, the Jackpot Service Station and convenience store. The proposed sign would be an illuminated, fr•e standin.g,. two-sided gas pie sign mounted to the 'eisting sign pole at the southeast corner of the property. A variance is requested because the addition of the proposed sign would result in a total sign area of over six times the loo square feet of sign area permitted by the sign code (chapter -17.34 Port Townsend Municipal Code) . 2. Signs currently existing on the premises are listed onAt- tachment A. Assum.ing that all exist rindow signs, except neon brand name been signs, are either incidental signs or temporary window signs, - the existing sign area totals 611 square feet. The proposed sign would add 18 net square feet for a total sign area of 629 square feet. The existing 36 sq. ft. go price pools" sign would- `be- replaced by-the---proposed 54 sq. ft. sign. ) 3. A letter from the applicant dated August 20, 1987, states that the mansard sign 111 S I , pole sign 192 SF) , reader board (64 SF) , trailer~ dump sign- (15 SF) ,--gas price pools = 3 SF and the two oast and west wall signs (133 SF) were installed in Aug- ust, 1986, prion to the effective date of the sign ordinance.. � . . Those nonconforming signs now in existence which were erected prion to the effective date of the sign code are- legal, non- conforming, on-conforming, signs.- ..The "CRICKED "n- SPUDS"- and "VIDEO 1 TALL l- -- banner signs, as well as the neon, brand--name beer signs, appear to have been erected after adoption of the sign ordinance and were installed without permits lFigures are square feet of sign area with corrections of t the figures included in the applicant"s letter where necessary. CommissionPlanning . Page 1 r ■ r ;� RAFT C 8 Mi 4 4 T 4. The subject property is. in the a-1 I zone on the north side of State Highway No.20 SR 20) , Lots 4--9 and 14-19 of Block 2 of the Swain Park Addition, between Howard and Cliff Streets. Immed- iately east of the pr'operty is Port Townsend Honda and Marine, t the north and .east are vacant, wooded properties which are com- mercially zoned. The Hilltop Tavern is approximately 50feet to the east. Across SR 20 is vacant property zoned -II and R-IA which is signed with real estate signs. Further' to the east the SR 20-Sims Way corridor is generally developed with commercial establishments, predominately auto-oriented retail and real estate businesses. Sims Way is the major thoroughfare entering Port Townsend. The subject property is approximately one-half mile inside the western city limits. The speed limit is forty miles per hour. 5. The applicant states that the subject property is highway oriented and requires more signing to attract business than areas with slower moving traffic. The applicant also considers the establishment is three businesses--grocery, deli and gasoline each requiring signs to diBpl.ay its existence to motorists. 6. Though Jackpot offers multiple products, it. its operated as single retail business and does not meet the definition of a .8multipie-tenant building.. 1 .34. 030 Port Townsend Municipal Code) . The question is moot in this case, however, because three businesses in a multi-tenant building are allowed thirty-two square feet n sigarea each, for a total permitted sign area of ninety-six square feet. . Chapter 17.34 Signs of the Fort Townsend Municipal code provides gr-eater sign restrictions for the commercial historic district, encompassing most of downtown Dort TO nsend, than those restrictions which apply to other commercial properties including the subject property. . Time oil Company supplies a standard 3 ft. X 6 ft. gas price sign in addition to the 3 ft. X 9 f . sign proposed to be erected in the application. QQnc1UBiQ=-- 1. Literal interpretation and strict application of the provis- ions and requlrements of the sign code would cause hardship because of unique or unusual conditions pert in'ing to the specific property in question. 2. The granting of the variance would not be materially detri- mental to other property owners in the vicinity or to the travelling pubii . Plaaning CCMMiBSiOn Page 2 r D C) . -The granting of the variance would not be contrary to the objects of this chapter relating to- the placement of signs and the reduction of clutter. . Because the request meets the criteria for variance from the sign code and would not be contrary to the purposes set forth by the City Council in enactment of the sign code, the Fort Townsend Planning Commission recommends that the Application be GRANTED. Respectfully submitted on behalf of the Fart Townsend Hanning Commission, Donald Hoglund, Chmn_ , Review Committee F ioaa P�age 3 t Variance Appl. 787-02, Time oil Co. , sign area. Suggested am endments draft Finding no. 3: . A letter from the applicant dated August 20, 1987, states that the mansard sign (111 SF) , pole sign 192 SF) , reader board (64 SF) , trailer dump sign 15 SF) , gas price pools (36 SF) and the two east and west wall signs (133 SF) ere installed in August, 1966. prier-te-the-ef e t e-date--e -the-sign-ord nave #- hose nonconforming signs now in existence which were erected prior to July.. , 1286, the effective date of the sign code, are legal, nonconforming signs. ted-on @'JACIK DR L " gall sigma Qn thn east and west walle; the -stand _ Q 13 3- -ed-reader board... 1he large "'COPTER 5e. 7 _s n ; the "CHICKEN 'n SPUDS" and "VIDEO o RENTALS.. banner signs; as well as the neon, brand-name boor signs, appear-to have been erected after adoption of the sign ordinance and were in s ta I led without permits_ The_,_m ana rd_sign and,the uMer. "'GROCRRV section of the pole ,s, re shown on the building Permit. dated May 7- 1986. Since the building ermt legal,_- non-cpnfomi nff-__and-may rema i m 1' _3 4: 1 _ Pwrt Townsen - Iunici�a►l,_,. � 9-2 -8' - --- w • Variance Apps. 787-02, Time oil Co. , sign area. Suggested additional conclusion: . Because the request proposes to relocate a nonconforming sign and would increase the sign area of the existing, nonconforming pole sign, granting of the variance would be in contradiction o Section 17. 3 . 180 of the Port Townsend Municipal Code pertaining to nonconforming signs. MH:9-24- ` PHONE 285 - 2400 CABLE ADDRESS: TIMOIL SEATTLE 'E TACOMA � }PORTLAND TOC#TON I #o RENO RICHMOND ,i � N LOS ANGELES 3 TI.ME OIL COMPANY B 5 a 2737 WEST COMMODQRE WAY SEATTLE,WASHINGTON 98199.1233 PRODUCTS P.O. BOX 24447,TERMINAL STATION SEATTLE,WASHINGTON 98124.0447 TWE TESTED E 9-21-87 Mike Hiltd City Planner 540, water St. Port Townsend, Wa. 98368 Please amend our sign variance application to correct errors in my application and make things a little more clear. I am asking only to replace the existing around mounted price sign which is aprox. 36 sq. ft. with a 36 sq. ft. sign mounted on the existing pole located on the Southeast corner of the property . Pain I want to apologize for the confusion on the appplioati . If you are in need any more information please call 285-2400. Sincerely µ Dale Hendrickson Engineering .Dept. i Dr 01084 Gu^st List Do you wish to .NAME (please print) ADDRESS present testimony'? YES NO 9Fisr•a�s � � Ef.�/ %E�7�/orrY J�7 Gd. Lion . //SLC• ��d �Nlf)/�. - �/ ��I)LC4 4C �9rL 1240 �1. LsEl � //CO.-wZ51-2� El -1 srih, 1 ❑ . o a a ❑ o o a El 0 o ❑ El 0 0 0