3.1. BA SR 02-12-2008REQUEST FOR ACTION
To Item Number
Board of Adjustments 3.1
Agenda Section Meeting Date Prepared by
Planning Items February 12, 2008 Sheila Cartney, Senior Planner
Item Description
Request by Loucks Associates for sign variances (Sonic
Restaurant) Public Hearing case# V08-02
Action Requested
Reviewed by
Jeremy Barnhart,
Reviewed by
There are two requests with this application; therefore, there will be two actions.
1) Staff recommends that the Board of Adjustments deny the variance request to allow more
than three wall signs.
2) Staff recommends that the Board of Adjustments approve the variance request to allow two
menu boards at the drive-thru and as proposed not exceeding 33.85 square feet; with the
following conditions:
1. The preview board shall be 12.47 square feet or less and the order board shall be
21.38 square feet or less.
Background/Discussion
A Conditional Use Permit and Variance to the side yard setback was approved for Sonic Restaurant
December 2007. Sonic is now requesting a Variance to signage requirements. The applicant is requesting
two variances:
1) Variance to the number of wall signs and size
2) Variance to the number of order board signs and size allowed
At the time the CUP was approved it was clear that the signage was not approved as shown and that
variances were necessary to keep the wall signs and two order board signs. However, the advertisement
deadline had passed for a Variance, requiring separate hearings.
Attachments
Location Map
Applicant's Narrative
Signage Plan
Case File: V 08-02
Page 2
Sonic Variance
Loucks and Associates
General Information
Applicant Loucks and Associates
60 Day Rule The application has been deemed complete as of December 20,
2007. The City must take action by April 18, 2008 — City
Extended 60 days
Location and Size Approximately 1 acre at the intersection of Main and Carson
Street.
Location
Existing Use
Land Use Plan Designation
Current Zoning
Subject
Former Burger
Highway Business
C-3, Highway
Property
p may'
Time restaurant
Commercial
North
Auto Mall
Highway Business
C-3, Highway
Commercial
South
Retail
Light Industrial
C-3, Highway
Commercial
East
Super America
Highway Business
C-3, Highway
Commercial
West
Fairview Clinic
Highway Business
C-2, Office
Overview/Analysis
Variance request regarding wall signage
Properties in the C-3 zoning district are allowed three wall signs. The maximum combined sign area
per building shall not exceed two square feet per linear foot of building frontage up to a maximum
of 300 square feet and a minimum of 50 square feet. Building frontage means the length of an
outside building wall facing the street or road on which it fronts. The proposed Sonic has one
public street frontage on Main Street, the building is 29 feet long on that side; therefore only 58
square feet of building signage is allowed.
As proposed there are seven walls signs with a total sign area of 71.37 square feet. Included in these
seven signs are four "wall mounted graphic panels" as defined by Sonic. The wall graphic signs are
about 41.04 square feet. The other three wall signs are about 30.33 square feet. Based on the
frontage of the proposed building Sonic is allowed 58 square feet of wall signage with a maximum of
three signs. The table below represents what has been requested by Sonic, what is allowed and what
exists today.
S:\PLANNING\Case Files\Variance\V 08-02 Sonic Sign\BOA report.doc
Case File: V 08-02
Page 3
Sonic Variance
Loucks and Associates
Allowed
Requested
Sonic
3 signs with a total of 58 square feet in
area
7 signs with a total of 71.37
square feet in area
Burger Time
3 signs over 300 square feet*
* Awning along the front and sides, no history of variances.
Due to the uniqueness of this restaurant there several signs on the property; the menu boards at
each parking stall are methods of ordering but are still in a sign format. There is directional signage,
a pylon sign, a walk up order board and two order board drive-thru signs proposed. While all these
signs are necessary to operate this business staff does not feel that four additional wall signs is
appropriate for this site and does not want to see a precedent for additional wall signs. Staff does
not support a variance for additional wall signage.
Variance request regarding menu board signage
As proposed the drive-thru has two signs, a preview board and an order board. One order board is
permitted at 32 square feet or less. Two are proposed and are slightly over 32 square feet, the
preview board is 12.47 square feet and the order board is 21.38 square feet for a total of 33.85
square feet 1.85 square feet over what is permitted. It is becoming more standard for a drive-thru to
have two reader boards, one preview board and one order board, staff is in support of this variance.
The Planning Commission and Council may suggest an ordinance amendment.
Applicable Regulations
Variance Criteria
1. Literal enforcement of the ordinance will cause undue hardship.
The sign ordinance allows three wall signs; the maximum combined sign area per building shall
not exceed two square feet per linear foot of building frontage up to a maximum of 300 square
feet and a minimum of 50 square feet. The intent of this requirement is to prevent signage from
overpowering a site's landscaping, building architecture etc.
2. The hardship is caused by special conditions and circumstances which are Peculiar to the property and the
structure involved and which are not characteristic of or 4plicable to other lands or structure in the same area
The applicant has not demonstrated a special condition or circumstance on this site that would
create a hardship for signage.
3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction
The request is a direct result of the petitioners own action.
4. The literal application of the Provisions of this ordinance would derive the petitioner of rights enjoyed by other
properties in the same district under the terms of this ordinance
S:\PLANNING\Case Files\Variance\V 08-02 Sonic Sign\BOA report.doc
Case File: V 08-02
Page 4
Sonic Variance
Loucks and Associates
Sonic is a Class II restaurant, all other class 11 restaurants in the C-3 district follow these sign
regulations. Again, signage is consistent with the scale of the development.
5. The variance will not be jn urious to or adversely a,ect the health sqft or we are of the residents of the citor
the neinhborhood where the brobeM is located and will be in keeling with spirit and intent of the ordinance
The intent of sign limitations is to preserve the health, safety or welfare of the city by reducing
visual clutter. Seven building signs (four of which will be visible at all times) are in direct
conflict with the spirit and intent of the ordinance.
The reader board is not visible from the street and is appropriately placed near the drive-thru
and building.
Recommendation
There are two requests with this application; therefore, there will be two actions.
1) Staff recommends that the Board of Adjustments deny the variance request to
allow more than three wall signs.
2) Staff recommends that the Board of Adjustments approve the variance request
to allow two menu boards at the drive-thru and as proposed not exceeding 33.85
square feet; with the following condition:
1. The preview board shall be 12.47 square feet or less and the order
board shall be 21.38 square feet or less.
Respectfully Submitted
Sheila Cartney
Senior Planner
Action Motion by Second by Vote
Follow Up
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Cartney, Sheila
From: Jim Vitt Ovitt@caprei.com]
Sent: Thursday, January 31, 2008 6:09 PM
To: Cartney, Sheila
Subject: Narrative
Hi Sheila,
Below is the narrative regarding the variance request
We respectfully request an increase in total building signs from 3 signs to 7 total building signs. There are 4
poster boards that display products - 2 on the east and 2 on the west side of the building. We do not consider
these building signs in the traditional sense given that they are not placed on the building in an attempt to draw
people in from the street. They are decorative elements to the building to break up the fagade as well as increase
customer awareness of some of our products once they have made the decision to eat at our restaurant. Further,
the 2 poster boards located on the east side of the building will not be visible from the street at all given that their
view will be obstructed by the canopies for the drive in stalls. The 2 poster boards on the west side of the building
do not face the street and are only visible from the adjacent parking lot for Fairview Medical Clinic. Finally, the
maximum square footage of building signage allowed is 300 square feet. Our actual building signage only
consists of 30.33 square feet, or roughly 10 percent of the square footage that is allowed and the 4 requested
poster boards, if considered building signage, increase the total square footage by 41.04 square feet for a total of
71.37 square footage of building signage, or roughly 24 percent of the total square footage allowed.
We are also requesting a variance for the addition of a preview board at the drive through to increase customer
convenience and efficiency in our service. We will have a preview board and an order board spaced conveniently
for customers to review while in the drive through queue. The total square footage is an increase of only 1.85
square feet of the 32 square feet that are typically allowed for an order board. The variance is for this additional
square footage and the additional drive through order board.
Thanks,
Jim Vitt
Capital Real Estate, Inc.
Fifty South Sixth Street
Suite 1480
Minneapolis, MN 55402
Tel. (612) 313-0124
Fax.(612) 313-0136
jvitt@caprei.com
2/1/2008
um
Order-Matic's new Next Generation Sonic Drive-thru Housing is
streamlined to visually mirror your stall housings. The additions
of yellow bull -nose end caps and a wider base, complete the
overall look of this new drive in concept.
We construct the Drive-thru with high quality materials that
maintain their strength and weatherability. All -in -one color
graphics slide in with ease to our backlit display inserts.
Completing this eyecatching concept, is a sleek speaker pedestal
that add convenience in the order taking process.
Menu inserts colorfully display
combos and menu items in a newly
designed and easy to read layout.
Housing Specifications
MENU GRAPHIC AREA
Left Panel:
Width: 38" (live area 37")
Height: 40 1/2" (live area 391/2")
Right Panel:
Width: 38" (live area 37")
Height: 40 1/2" (live area 391/2")
ELECTRICAL
120 VAC, 60 Hz, 1 1/4 amp.
Speaker Pedestal
Specifications
43" Tall
(at highest point),
9" Wide
320 5. BRYANT PL.
DEL CITY, OK 73115
TOLL FREE SALES: 877-475-5716
TOLL FREE FAX: 877-723-0513
EMAIL: SALESQORDERMATIC.COM
WWW.ORDERMATIC.COM
OUR PARTNERS:
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