Item 8B- WAIV18-0003AGENDA ITEM :
SUBMITT.ILD BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
WATV18-0003 Public Hearing
Request for a waiver as permitted by Section 17 -52 to waive th e
provision that existing nonconforming frees tanding signs mu st be
made conforming when a change is made to 25 percent or more of
the s ign di s play area as required by Section 17-Sl~d); and when
replacement is required as resu lt of art acc iden tal or weather-related
act as required by Section 17-Sl(c); and to increase the maximum
wi dth of a freestanding s ign fi·om 12 feet as l'equired by Section t 7-
29(c)(l) to 15 feet 8 inches; and to incre ase tbe maximum height
fmm 8 fee t as required by Section 17-29(c)(1) to 33 feet 8 inches;
all to all ow the modification of an existing nonconforming
free standing sign due to height and location within the Co mmercial
General zoning di strict at 1500 Maypo t1 Road.
Shane Corb in , Co mmunit y Development Director @
February 13 , 20 18
BACKGROUND: The applicant is Star Rea leo LLC. on beha lf of the Hardees lo ca ted at 1500
Mayport Road . The app li cant is requ es tin g to replace the s ign face of a n onconfonning pylon sign
that was damaged during Hw·ticane Irma. Tbe ex isting sig n is nonconforming du e to height, width
and location . The maximum height allowed for a free sta ndin g sign on this property i s 8 feet ta ll.
The ex isting sign i s 33 feet 8 inches tall. The maximum width of a sign l.s 12 feet wide. The existing
s ign is 15 feet 8 inches wide. There is no proposed change to the base of the s tru cture.
The applicant's request for a waiver is permitted by Section 17 -52 to wa iv e the provision that
ex isting nonconJbrming freestanding s ign s mu st be mad e conforming when a change is mad e to
25 percent or more of th e sign disp lay area as req uired by Section 17-Sl(d); and when replacement
is required as result of an acc id ental or weather-related act as required by Section 17-Sl(c); and to
increase th e maximum wi dth o f a .l}eestanding sign from 12 feet as required by Section l7-29(c)(l)
to 15 feet 8 inches ; and to in crease th e maximum height from 8 feet as required by Section 17-
29(c)(l) to 33 feet 8 inches; all to a llow the modification of a n exist ing nonconforming
fr ees tanding sign due to height and location within t he Co mm ercial General zo nin g district at 1500
Mayport :Road .
BUDGET: None
RECOMMENDATION: To col1Side rwaiver WAIV18-0003
ATTACHMENTS: WAIV18-0003 application
REVIEWED BY CITY MANAGER: __ <h_,._ __ JL:f __ · --+-----------
Agenda Item 8B
February 26, 2018
Supplemental Information for
Application for Waiver from Chapter 17, Signs and Advertising Structures
The following is intended to supplement the information provided in the Application for Waiver
from Chapter 17, Signs and Advertising Structures, dated January 31, 2018 and submitted by Star Realco
LLC, a Florida limited liability company, in regards to the improved real property located at 1500 Mayport
Road, Atlantic Beach, Florida.
1. A copy of the vesting deed for the subject property is attached hereto as Appendix 1.
2. A survey depicting the location of the subject sign is attached hereto as Appendix 2. The
base for the subject sign is approximately 3.0 linear feet from the boundary of the subject property and
approximately 12linear feet from the edge of pavement for Mayport Road (State Road 560), as shown on
the survey. As noted in the Application, the sign is approximately 35 feet in height.
3. The Property contains approximately 160.80 linear feet of frontage along Mayport Road
(State Road 560), as shown on the survey. The building located upon the property has approximately 40.95
linear feet of frontage along Mayport Road (State Road 560) as shown on the survey.
4. The Waiver is being requested to allow the Applicant to replace the existing sign panels
which have been damaged. The sign structure itself is sound and the only casualty incurred was to the
individual sign panels. But for the casualty event, the Applicant could have routinely replaced the panels
without issue.
Prior to the casualty event, the subject sign as an existing non-conforming sign under Chapter 17
of the City's Code of Ordinances. Section 17-51 requires existing non-conforming signs to be made
conforming when any of the following changes are made:
a. Any change to the structural suppmts or structural materials, including temporary
relocation associated with routine maintenance of a prope1ty.
b. Any change which increases the illumination.
c. Any change which increases the height of a sign.
d. Any change, which alters the material used for the display area or increases the face area
by more than twenty-five (25) percent.
e. Any replacement required as the result of an accidental act or a weather-related act.
f. Any replacement of an abandoned sign.
g. Any change necessary for compliance with Florida Building Code requirements.
With respect to the foregoing standards/conditions:
i. No change to the structure supports or structure materials, including tempora1y
relocation associated with routine maintenance of the property will be made. The sign
base, pole and cabinet will remain in exactly the same condition as currently exists.
Agenda Item 8B
February 26, 2018
ii. No change which increases the illumination ofthe sign will be made. Only the existing
bulbs will be replaced, with none being added nor any change in the illumination type being
made.
iii. No change in the height of the signed will be made. The sign will remain exactly the
same height as currently exists.
iv. No change in the material used for the display area will be made and no change in the
face area will occur. The replacement panels will be identical to those that existed prior
to the casualty event.
v. The sign structure is not being replaced as a result of a weather-related act, only the sign
panels are proposed to be replaced.
vi. The sie:n has not been abandoned. The sign is and will remain an integral part of the
ongoing operations of the Hardee's located thereon.
vii. The proposed replacement of the sign panels is not a change necessary for compliance
with Florida Building Code Requirements.
As set forth above, the sole purpose of the request is to replace the damaged sign panels,
with no other structural changes associated therewith. Upon replacement of the sign panels, the
sign would remain identical, in all respects, to the pre-casualty condition. Accordingly, the
application of Section 17-51 of the City's Code of Ordinances is not proper or warranted.
Attached as Appendix 3 is a copy of a quotation for the work necessary to restore the
damage to the subject sign. As noted therein, the only parts being replaced are the sign panels for
the main sign and the reader board, associated hinged retainers and 12 bulbs. No additions, cabinet
modifications or expansion of the existing sign and sign cabinet are proposed. As set forth therein,
the estimated cost of replacing the sign panels and related work is $9,761.08 (inclusive of
permitting fees, pe1mit acquisition fees, labor and freight charges. The actual cost of the panels,
the hinged retainers and the 12 bulbs is $4,991.70, or,:aAlitt)& e;ver:¢i0% of the total cost. The
foregoing demonstrates the diminimis nature of the request.
The preliminary quote obtained for the demolition and replacement of the sign with a
monument sign complying, in all respects with Chapter 17 of the City's Code of Ordinances, which
is estimated to be in excess of$21,000.00, or 215% of the cost of performing the repairs. Clearly
the replacement of the sign would cause the Applicant to incur an undue financial hardship;when
the cost of merely replacing the panels pales in comparison with the replacement cost.
In considering the standards established by Section 17-51 of the City's Code of Ordinances,
it is clear that the intent is to prohibit an expansion or enlargement of a non-conforming use, which
is the general standard utilized in most non-conforming sign ordinances.
The granting of the requested waiver will not result in a prohibited or otherwise unlawful
sign but will allow the continued use of what has been a legally non-conforming sign under the
City's Code of Ordinances:·
Agenda Item 8B
February 26, 2018