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HomeMy WebLinkAboutNissan Variance - Application September 28,2011 Attn:Mayor and Commissioners Citv of Bozeman P.Q.Box 1230 Bozeman.MT 59771 RE: Variance Request Mayor and Commissioners, On behalf of the Owner,J& D Limited Partnership,Bayliss Architects is requesting a variance be reviewed through the City Commission. We are asking that the city commission reclaim to itself the approval of the variance per section l 8.64.010(C.1) of the Bozeman Unified Development Ordinance as the City Commission was the initial reviewing authority for the Billion Plaza II master plan. Cause for Variance Request The item we are requesting a variance for is relating to the relocation of an existing sign, currently located at the previous Nissan dealership on the corner of 19'" Street and Main, to the new Nissan dealership located at 380 Automotive Ave. The existing sign deviates from UDO Section 18.52.060 (A.1) Freestanding pole-style signs in two regards. The primary issue is the allowable square footage. The sign face is 39 square feet exceeding the 32 square foot allowance set forth in the UDO. The second issue is the sign face is 6'-9"tall which causes the top of the sign to exceed the 13 foot height allowance when the bottom of the sign is placed to maintain the 8 foot clearance from the ground. Argument for Variance Approval The existing Nissan pole sign was approved by the City Commission through a variance on October 6, 1997 allowin-the sign to exceed the 32 square foot allowance and be installed at the 19"' Street location. We are asking that the same variance be granted at the new location along Cottonwood Rd. for the following reasons and with regard to Section 18.66.060.0 of the Bozeman UDO: Section 18.66.060.C.1. Will not be contrary to and will serve the public interest; The sign location and additional square footage does not obscure any significant views to or from the site or along the roadway. The existing 39 square foot sign would be installed 26' from the property line along Cottonwood and 37' from the curb of Cottonwood Road located on a subtle slope in a landscaped island. Due to the sign being set back further than the required 15' setback, the perceived visual appearance of the sign would be comparable to a 32 square foot sign installed at the required 15' minimum setback. Additionally, once the planted trees located along the roadway grow to maturity the excess sign height and square footage will not be as noticeable. Section 18.66.060.C.Z Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this title: a) Hardship does not include difficulties arising front actions, or otherwise be self- imposed by the applicant or previous predecessors in interest, or potential for greaterfnancial returns; and b) Conditions unique to the property may include, but are not limited to,slope, presence of watercourses, after the fact imposition of additional regulations on previously law/ul lots, and governmental actions outside of the owners control; The location of the pole sign is pulled back from the roadway further than the required 15' setback as to not locate the sign in a drainage Swale. Refer to comments for Section.66.060.C.I for additional information pertaining to the location and visual impacts of the sign. I A5E;6:5007 yfi�§ • .,. . . Section 18.66.060.C.3. Will observe the spirit of this title, including the adopted growth policy and do substantial justice; The following sections of the Bozeman Community Plan and adopted growth policy refer to economic growth and sustainability with regard to local businesses and resources: Chapter 8, Objective ED-3.2:Encourage sustainable development to minimize costs to businesses and customers and protect quality of life. Chapter 49, Goal#49: Support the creation and expansion of local businesses Chapter 49, Goal#53: Recognize sustainability as a component of economic development The existing sign is owned by Nissan and leased by the property owner. Despite our request to Nissan, Nissan will not take back the sign or allow the sale of the sign to another party or the sign to be used in another location other than the JC Billion Nissan Dealership. Nissan also prevents the modification of the sign as the sign must meet their design criteria. Therefore the existing sign would have to be destroyed. This would be a waste of an aesthetically pleasing sign that is in good condition. The property owner would then need to lease another custom made sign requiring additional new materials be used for construction as well as having the sign constructed in South Carolina and freighted to the site. This is a waste of natural resources both in construction of the sign and the shipping of the sign. The owner has tried to be as environmentally conscious as possible with this development, installing efficient LED site and building lighting, recycling waste oil to heat the two large dealerships, using high recycle content in steel and other construction materials, etc. and junking this sign seems wasteful. And while financial hardships are not considered a relevant justification for a variance request, it does make sense to look at the effect an additional sign lease would have on the growth of the business. A new sign is not a one-time purchase for the business. It is an additional lease on a sign, which would require the business to lease two signs, one of which would be in a landfill and of no use to the business; the additional lease payments over the long term would take money away from the business and provide no benefit to the businesses growth. Thank you for your time and consideration with this request and the support throughout this project. Sincerely, Bayliss Ward, �. ,Y OF BOZEMAN ' DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 ina @bozeman.net net Bozeman, Montana 59771-1230 a bozeman.net DEVELOPMENT REVIEW APPLIC NSEP ? 2011 DEPA 1. Name of Project/Development: Billion Plaza II-Nissan Dealership ftyu DNr`�uN1Typt10P�VT 2. Property Owner Information: Name: J &D Faimil} Limited Partnership E-mail Address: bozemanjoe@gmail.com Mailing Address: 1919`Nest Main St.Bozeman,MT 59718 Phone: 406-582-7777 FAX: 406-582-7778 3.Applicant Information: Name: Bayliss Architects,P.C. E-mail Address: bayliss@baylissarchitects.com Mailing address: P.O.Box 1134,Bozeman,MT 59771-1134 Phone: 406-586-5007 FAX: 406-585-8337 4. Representative Information: Name: Bayliss Architects,P.C. -Bayliss Ward E-mail Address: bayliss@baylissarchitects.com IMailing address: P.O. Box 1134,Bozeman,MT 59771-1134 Phone: 406-586-5007 FAX: 406-585-8337 L5. Legal Description: NE1/4,SE1/4,Sec. 9,T2S,R5E,PMM less the east 41 feet [6. Street Address: 380 Automotive Ave.,Bozeman,MT 59718 7. Project Description: Installation of retail freestanding pole-style business sign. 8.Zoning Designation(s): B-2 9. Current Land Use(s): Automotive Sales [10. Bozeman 2020 Community Plan Designation: Community Commercial Mixed Use 11. Gross Area: Acres: 2.25 Square Feet: 98,010 T12-NetArea: Acres: 1.79 Square Feet: 77,922 Page 1 Appropriate Review Fee Submitted I I 13. Is the subject site within an urban,renewal district? ❑ Yes,answer question 13a 0 No,go to question 14 13a.Which urban renewal district? ❑ Downtown ❑ Northeast(NURD) ❑ North 7ttl Avenue 14. Is the subject site within an overlay district? ❑ Yes,answer question 14a 0 No,go to question 15 14a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 15.Will this application require a deviation(s)? ❑ Yes,list UDO section(s): ✓❑ No 16. Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑ A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑ Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑ R.Planned Unit Development—Master Plan ❑1).Reuse,Change in Use,Further Devdopmcnt,Amendment/COA ❑ S.Subdivision Pre-application ❑ E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑ F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H. Preliminary Site Plan/COA ❑ W.Annexation ❑I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑ K.Conditional Use Permit ✓❑ Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Adnniinistrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑ Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'/2- by 11-111ches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used,they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s)(if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terns and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City-of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further,I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 18.64.050,BMC). I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: Date: Applicant's Signature: Date: 3d Z D Property Owner's Signature: Date: p LD 1 Property Owner's Signature Date: Page 2 (Development Review Application—Prepared 11/25/03;Amended 9/17/04,5/1/06;9/18/07)