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HomeMy WebLinkAbout5355 ORDINANCE NO. 5 3 5 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, REVERSING THE DECISION OF THE HEARING EXAMINER AND APPROVING A VARIANCE TO ALLOW FOR AN ADDITIONAL FREE-STANDING SIGN WHICH IS AN INTERNALLY LIGHTED READER BOARD AT AUBURN RIVERSIDE HIGH SCHOOL LOCATED AT 501 ORAVETZ ROAD AND ESTABLISHING FINDINGS OF FACT AND CONCLUSIONS OF LAW. WHEREAS, the Riverside High School located at 501 Oravetz Road applied to the City for a variance that would allow for an additional freestanding sign at Auburn Riverside High School that would have an internally lighted electronic reader board which would announce various school functions; and WHEREAS, the matter was heard by the Hearing Examiner pursuant to Auburn City Code and the Hearing Examiner's decision was to deny the variance; and WHEREAS, the applicant appealed the Hearing Examiner's decision to the City Council; and WHEREAS, the City Council scheduled a closed record hearing to review the entire record under application number CAP0001-00, February 7, 2000; and Ordinance 5355 March 8, 2000 Page I WHEREAS, upon the conclusion of the closed record hearing the City Council reversed the decision of the Hearing Examiner and approved the variance for the reasons set forth below; and WHEREAS, the property is zoned for public use and as a school, is a public service, and is, thus, does not infringe on a residential area; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DOES ORDAIN AS FOLLOWS Section 1. Purpose. The sign application for Variance Number VAR0007-99 denied by the Hearing Examiner is reversed, thus, approving and allowing another sign with an internally lighted electronic reader board which will announce various school functions at Riverside High School located at 501 Oravetz Road. This action is taken on the basis of the following Findings of Fact and Conclusions of Law. Section 2. Findin_~s Of Fact. 1. The Auburn School District has requested a variance that would allow for an additional freestanding sign to be erected at the Riverside High School addressed at 501 Oravetz Road. The property is currently zoned P-l, Public. 2. The high school now has one small monument sign that identifies the school and its address. The school would like to erect another sign that would have an electronic reader board that would announce various school functions. Ordinance 5355 March 8, 2000 Page 2 3. Chapter 18.56 of the Auburn City Code regulates signs including those erected in the Public Use zones. Section 18.56.030(C) contains the specific provisions with regard to the signs allowed in the P-1 zone. This section allows one freestanding sign for each street frontage regardless of the amount of street frontage. Due to its configuration, the high school has a significant length of street frontage, due to curve in road, all of which is not visible at any one point. 4. Section 18.56.050(A)(6) contains provisions to allow for more than one sign on properties with significant frontages. However, the section states that "This shall only apply to commercial or industrially zoned property." Since the subject parcel is zoned a public use, the Zoning Code does not have provisions that would allow for additional freestanding signs. 5. Section 18.56.060 does allow for exemptions to the sign code. Section 18.56.060(D) does exempt "Memorial signs or tablets, names of buildings, dates of erection and the like." The existing monument sign be considered exempt in that the name of the high school is on the sign together with its address and is a architectural feature of the school. 6. The sign is internally illuminated. Section 18.56.030(C)(8) states that "Any sign may be indirectly illuminated only." 7. Therefore, the sign as proposed is not permitted. The Zoning Code does not allow for signs to be internally illuminated in the P-1 zone. The school district has therefore requested a variance to those provisions. 8. Section 18.04.910 of the Zoning Code defines variance as follows. "Variance" means an adjustment in the application of the specific regulations of this Title to a particular piece of property. 9. That the particular property lies in a surpendism type of configuration and is not visible from the main traffic on East Valley Ordinance 5355 March 8, 2000 Page 3 Highway and is a major public institution that is sought out by many members of the public and is difficult to locate. 10. The contents of the case file of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS: A variance to allow for an additional freestanding sign is not needed in that it is interpreted to be allowed by the sign code. The variance to allow the electronic reader board must be consistent with all of the following criteria as outlined in Section 18.56.100(B) of the Zoning Ordinance. 1 The literal interpretation and strict application of the provisions and requirements would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question. The property is sufficiently unique as to hidden location and contains a major public institution of which the public could receive valuable public information by a electronic message center. 2. The granting of the requested variance would not be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity. There is no evidence that the variance would be materially detrimental to the public. 3. The unusual conditions applying to the specific property do not apply generally to other properties in the City. There are unusual conditions that apply to this property that do not apply to other properties that are not allowed to have internally lit signs both as to use of property and configuration of property. Ordinance 5355 March 8, 2000 Page 4 4. The granting of the variance would not be contrary to the general objective and intent of this chapter (18.56), this title (Zoning Code), or the comprehensive plan. The zoning districts that are not allowed to have internally lit signs are typically within or near residential areas. This property is sufficiently distanced from residential concentrations. Section 3. If any provisions of this ordinance are determined to be invalid or unenforceable for any reason the remaining provisions shall remain enforce and effect. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance 5355 March 8, 2000 Page 5 INTRODUCED: zv~.t:cl~ 20, 2000 PASSED: ~sa.~cb. 20, 2000 APPROVED: zvsa.~cb 20, 2000 CHARLES A.~B~OTH MAYOR ATTEST: ~Daie~a~ska~ City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED: ,~/c2 c//~r.)'~'r_.J Ordinance 5355 March 8, 2000 Page 6