Case 275 To: From: Oxford Board of Adjustment Katrina Hourin, Senior Planner Date: May 9, 2 Applicant: Owner: Request: Location: Zoning: Balton Sign Company Tresevant Realty Corporation Variance to Section 92 (2b) regulating sign area for shopping center sign pylon sign 2 West Jackson Avenue, Oxford Galleria II (GB) General Business Surrounding Uses and Zoning: North: (GB) General Business-Oxford Galleria, II South: (GB) General Business Oxford Galleria, II East: (GB) General Business- Oxford Galleria, II West: (GB) General Business Commercial/Retail businesses on W Oxford Loop Past Zoning History: /2 - Case #79 - Site Plan Approval Oxford Galleria, Phase II - Approved /25 - Case #97 Stormwater Variance Oxford Galleria, Phase II Approved /25 Case #2 Sign variance request (Dick s Sporting Goods) Denied /2 - Case #2 Sign variance request (Ross Dress for Less) - Denied Planners Comments: The subject property is the Galleria, Phase II shopping center Approved in 2, the shopping center occupies approximately 2 acres with 5 proposed structures totaling roughly 2,77 square feet of retail shopping space The signage was not a part of the site plan approval The applicant is proposing to install a large freestanding pylon sign on West Jackson Avenue at the entry between Office Depot and Mechanics Bank
Article 5 Sign Regulations under Section 92 (2b) states Shopping center entrance signs may contain additional square footage not to exceed ten square feet for each business located within the shopping center, when such additional footage is devoted exclusively to individual businesses located within such shopping center and when no freestanding signs are to be erected ) In the event that no individual signs are to be erected as part of the shopping center entrance sign, or erected as freestanding signs on the shopping center property, then such shopping center entrance sign may contain a total of square feet The applicant is requesting to exceed the allowable sign area by 7 square feet to match the existing pylon sign for Galleria, Phase I located to the east Upon further review of its history, the pylon sign for the Galleria, Phase I was permitted in error and no variance was ever approved for this sign; creating a non-conformity A variance request may be granted under the terms of the Ordinance if after the following criteria can be demonstrated: a That special conditions and circumstances exist, which are peculiar to the land, structure, or building involved and, which are not applicable to other lands, structures, buildings in the same district; b That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c That the special conditions and circumstances do not result from the actions of the applicant; and d That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district In addition to demonstrating the above terms, the Board of Adjustment shall also consider the following criteria: The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure
2 The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare 3 In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under section 29 No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance 5 Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district Recommendation: Staff does not see a hardship that is defensible under the criteria in the Land Development Code Due to the absence of a hardship, staff recommends denial of the variance request for an additional seventy-six (7 ) square feet of sign area for a pylon sign Should the commission find in favor of the applicant s request staff recommends the following condition: Approval is for the submitted plan with a maximum of 7 square feet of sign area
SITE PLAN Oxford Galleria ll O X F O R D, F-, 3 E- 3,5 M I S S I S S I P P I Parkway Centre F-2, 9 E-3 E-2 3,5 3, J 25,5 2, 3 75 7 35 5, I Go 2, 2 7 Cr ee 95 s f op s Sh 5, H 3 e K, os s, 2 3 G k 33 5 3 79 55 5, Sho 5 5 E M, N Cu ox 22 ans pat io 29 Exp io n Are a 9 5 39 Pro s f p po se db 3, 22, 5 Sh, ops 5 lv e rt 3 5 ps 2,5 27 7 D O 29 2 2 F IN SER VIC DR C 5 p Loo ford t Ox 3, s p 5 9 Sho RV ICE Hom SE 22 B Shops,33 f 2 E IN 25 RIV TM 7 ED Wes F 2 ed TM IVE 9 S, hops 35, t Dr epo 5 F 2, S h o p 5 s 7 7 7 3 5 5 L, 25 2 Wall Prop osed Reta ining Prop osed Drive Shop As, Ave Jackson West Pylon Signage 2 GRAPHIC SCALE April 29, 2 PREPARED BY: SITE DATA: 5-II-Mdwg BUILDING PARKING Retail Bldg SF- 9,7 SF Parks Req @ 3/ = 55 Restaurant SF-, SF Parks Req @ 7/ = 7 Total Bldg SF- 2,7 SF Total Parks Required = 925 Total Parking Provided = 92 92 Valley Crest Lane, Germantown, TN 3, 9-755-
AREA PLAN Oxford Galleria ll O X F O R D, M I S S I S S I P P I Anderson Road (CR 2) 5 ±, S F ±5, S F ±,2 5 S F 7 Existing ±9, Existing ±7,2 Parkway Centre H A Existing ±9, Existing ±, G B C- F-, f, 3 f F-2, 9 f C-2, f E- D- 3,5 f, 25 f E-3 E-2 3,5 f 3, f Oxford Galleria II J 25,5 2, 3 75 7 35 LOFT Wes 5, I Go 2 2 e Cr ee s f op s Sh 5, 95 7 f 3 3 G 3 L 2, Shop 5 s 2,5 5 3 7 9 5 5 5 5 E M, Sho 5 5, Cu lv e rt 3 ox N a n si p a ti 39 o 29 E xp 5 P ro on A re a 9 po se 22, 5 Sh, ops 5 22 db 3, ps 27 7 D O 29 2 2 F IN SER ed TM 35, ED ICE DR Sho IVE ps C 3, 95 22 5 Shops B,3 3 2 RV 25 E FT SE 7 RIV 2 MIN Hom VIC 9 S, hops epo F t Dr 3 5 5 Oxford Galleria I, k 7 s, 2 7 H 3 7 os K, 5, p Loo ford t Ox 25 2 g Wall Propose d Retainin Propose d Drive A Shops, f Jackson Hig hwa 5 Ave West Pylon Signage y 3 GRAPHIC SCALE April 29, 2 PREPARED BY: SITE DATA: 5-II-Mdwg BUILDING PARKING Retail Bldg SF- 9,7 SF Parks Req @ 3/ = 55 Restaurant SF-, SF Parks Req @ 7/ = 7 Total Bldg SF- 2,7 SF Total Parks Required = 925 Total Parking Provided = 92 92 Valley Crest Lane, Germantown, TN 3, 9-755-