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4.0 BACKGROUND: • 4.1 The Croix Oil Company owns both of the subject sites, which are changing from Spur gas stations to BP gas stations. The Cleveland Avenue site is zoned B2 (Retail Business) and the Dale Street site is zoned B3 (General Business). 4.2 The variance request has been prompted by the applicant's desire to construct new pylon signs (which will reflect the change in station brand) in their current non-conforming locations. 5.0 STAFF COMMENT: 5.1 The current sign proposal initially appeared to require variances from § 1009 (Sign Regulations). Upon further review, however, planning staff has determined that the chapter of the Code pertaining to signs does not speak to the setback requireinents for pylon signs. 5.2 The Code allows faces of signs in non-conforming locations to be maintained and/ar altered without being brought into compliance with the Code, provided that the size or location is not changed. However, new (or, in this case, replacement) signs must be constructed in full compliance with the Code. 5.3 Section 1005.01 (General Requirements in Business Districts) of the City Code requires that structures observe a 30-foot setback from front and side property lines on corner lots. City staff has long interpreted the provision to include pylon signs among the structures � subject to this requirement. 5.4 Section 1012.03 (Traffic Visibility) of the City Code excludes structures from a triangular area described by connecting points drawn 40 feet from the property corners at roadway intersections, measured along the rights-of-way. The signs in the current proposal, then, are excluded by the Code from the "visibility triangles" at the Cleveland Avenue and County Road D, and County Road B and Dale Street rights-of-way, respectively. 5.5 The existing pylon signs were likely installed when the properties were first improved in 1954 (Cleveland Avenue location) and 1970 (Dale Street location). The proposal to construct new signs, rather than to modify the existing signs, stems from the applicant's determination that the existing footings and superstructures have aged beyond the point of safe and reliable reuse. 5.6 The existing pylon sign at the Cleveland Avenue location appear to be set back about 10 feet from the Cleveland Avenue right-of-way (ROW) and 8 feet from the County Road D ROW, and the new pylon sign is proposed would remain 8 feet from the Cleveland Avenue ROW and 10 feet from the County Road D ROW. 5.7 Constructing the new sign in a location that complies with the Code would place it within the circulation area of the site, and would thereby create a potentially hazardous situation. • PF3783_RVBA_080206 Page 2 of 5