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HomeMy WebLinkAboutRequest CAB #09-04 - 5/18/2009COMMUNITY APPEARANCE BOARD BOARD DECISION OF REQUEST CAB Request No. Cc( - C /4 Date Request to be considered by the Board: BOARD ACTION TAKEN: Approved as Submitted and Presented. Approved with the following condition(s): Postponed for Additional Information. Denied because of the following reason(s): Note: Reference City Code Sections: 22-43 (b), Expiration of Approval; 22-45, Appeal of the Board's decision. (J 55e // c's•ia.°`1 Signatur of Chairperson CONIlTNITY APPEARANC APPLICATTION & GENERAL INF CAB Request No. 09-01 v102 Columbia Dr. #210 Window Sign TO BE COMPLETED BY APPLICANT Type of Request: neon tio) nd OLo S1 Sr\ Date Submitted: Project Name (if Applicable): C l Y101 S M a S 5QS �. Project Address: ) 02 Co (u 1m bi a Dr - Legal Description: Section 2-2- , Township 021 , Range 39 , Lot(s) I . Z. , Block 0 Parcel Q� Subdivision: Name(s) of Property Owner(s): 1 1 e 1-va Yl 1 Owner(s) Address: 1835 S , R4 lcw+ Cocoa_Feach 3200 Phone#: $'- 56Z 6 Fax#: Applicant Name: Den j se �j (Vevct( Stcr1 C- Applicant Address: f L4 GUS %+,p p 21 .) Poc_k_teds-e__Szciss Phone#: 3Z - 636 -5/1. Fax#: 321- 636 - DY0 2— (Office Use Only) Is application complete Ye /No If no, date application returned to applicant: Date/Time Board will consider request: rno,,- ( `�7 pim Application Fee: 35 : ct Fee Paid: Yes/No Application Reviewed by: �% M . Gaii:1 i>2 �.. Date Reviewed: <i - L!c c-kLii Gl`)I - CL1 04 L13/EW9 10niv AM :i004386 Total 35.00 Cash Amount $0.00 Cnanne 0.00 i.;K #188i3 Amount $35.00 LEVELS I & II I Commercial & industrial projects 850 sq. ft. or less 1-3 residential units Sign fences (1 to 3 residential units) single family residential addition 850 sq. ft. or less change of exterior building or roof color upon commercial buildings or structures within the C-1, C-2, and M-1 Zoning Districts on N. Atlantic Avenue & Astronaut Boulevard. REQUIRED INFORMATION YES NO Vicinity Map locating all zoning classifications (10 Copies) For new development of unimproved property, a concept plan locating improvements. (10 Copies) Minimum of three color photographs of site and setting, including surrounding properties. At least two elevations to scale. (10 copies) (Level I only) Sample of actual materials, textures and colors. (may be presented at Board Meeting) Cindy's Massage Proposed window signage — Kendal Signs The contractor requests: • One neon -lighted sign 2.5 ft. x 6.0 ft. = 15 s.f to be installed behind the window, consuming the upper 50% of the window area. • Leaving the 'above -door' wall sign. Is the proposed sign allowable? Analysis: As to window signs, the code provides: • Window sign means illuminated and non -illuminated signs placed in the exterior windows of a structure, and which can be viewed from the outside of the structure. • Window signs that do not exceed 25 percent of the total individual glazed area and are placed in the upper or lower half of the individual glazed area are exempt from regulation. Further, the sales transaction area, as well as any other areas that may be deemed as necessary for viewing for safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building As to neon -lighted signs, the code provides: o Exposed electrical discharge lighting (neon or fluorescent). Exposed electrical discharge lighting (neon or fluorescent) is strictly prohibited for use in any type of sign located within the city. As to wall signs, the code provides: • Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 12 inches from the building. Wall signs may not extend above the roofline or facade. • One wall sign per tenant space. • Area of wall sign calculated as 15% of wall space height times business frontage, max. 128 s.f. perpendicular & 160 s.f parallel to street • The tenant space faces the street and is 15'-0" x 8'-0" (dimensions provided by Denise Berg from Kendal Signs) The calculation: 15x8x.15=18 Max. allowable area for this wall sign is 18 s.f. Questions and Answers: • Is the proposed window sign exempt as window signage? • No. The proposed sign is not exempt because it exceeds 25% of the window area - it is 50%. • The proposed sign may not block the view of a sales transaction area, however, a blind is evident that should be removed. • If not a window sign, is it a wall sign? • Looking at the definition of 'wall sign' — the proposed sign is affixed to the wall of the building, and does not project not more than 12 inches from the building. It does not extend above the roofline or facade. Therefore it can be classified a wall sign. This is consistent with the proposed regulation of window signage for the new sign code *. • Does the proposed sign meet the requirements for wall signage? • The area of the proposed sign does not exceed max. allowable area. • However, the code allows only one wall sign; therefore if the proposed neon -lighted sign is considered wall signage, the sign above the door may not remain. • Is the proposed sign prohibited as a neon sign? • It would appear to be prohibited; however, the proposed sign code draft has removed this prohibition. Approving this sign would be consistent with the proposed draft. Additionally, the proposed sign is covered with a clear acrylic and is located behind a window. Summary: the sign is allowable with two conditions: 1. the sign above the door must be removed, and 2. the bottom half of the window is to remain clear in order to view the sales transaction area. * The proposed draft, in sum, requires that any non-exempt portion of any window sign be calculated against the max. allowable window signage. 4 Page 1 of 3 Susan Chapman From: Barry Brown [brown-cape@cfl.rr.com] Sent: Thursday, April 30, 2009 3:22 PM To: chapman-cape@cfl.rr.com Subject: FW: Cindy's Massage CAB/Permit From: Todd Morley [mailto:morley-cape@cfl.rr.com] Sent: Tuesday, April 21, 2009 4:49 PM To: 'denise' Cc: City Hall Barry Brown Subject: RE: Cindy's Massage CAB/Permit .Hi Denise, Sorry for any confusion — as I stated in my earlier email, this sign is not a candidate for the window signage exemption because it takes up 50`41 of the window. What this means is that the neon sign will be counted toward the total max. allowable wall signage. If you provide me with the size of the tenant space (wall width and wall height) I can tell you how much wall signage is allowed. Then we have to look at the square footage of the existing sign + the proposed neon sign to make sure it doesn't exceed the max. allowed. Please help me determine the calculation of the wall area and the calculation of the existing sign area so I can give you a definitive answer. Thanks, -Todd Todd Morley Building Official City of Cape Canaveral. 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1222 www_my_florida.com/cape E-mail: morley-capeOlefl.rr.com Fax 321-868-1247 From: denise [mailto:denise@kendalsigns.com] Sent: Tuesday, April 21, 2009 2:57 PM To: morley-cape@cfl.rr.com Subject: Cindy's Massage CAB/Permit Todd. I sent this to you last week in response to your e-mail. I just spoke with Barry and he says no CAB if you determine it is exempt. If not exempt then I have to do CAB. So, I am still waiting on an answer from you. Seems like a lot of back and forth for a small neon window sign. You know that I don't do anything in your city without getting approval or a permit. I've never had to permit a neon window sign in Cape Canaveral. Thats why i 05/01/2009 Page 2 of 3 two am asking for some guidance on this one. What do I need to do to move forward on this? Thanks, Denise Kendal Sign Company 446 Gus Hipp Blvd. Rockledge, FL 32955 Phone: 321-636-5116 Fax: 321-636-0402 Email: devise@kendalsigns.com Original Message From: denise To: morloy-cape@cfl.rr.com Sent: Friday, April 17, 2009 9:29 AM Subject: Cindy's Massage CAB/Permit Hi Todd. I have attached a new drawing showing frontage. What size would I have to make it be a window sign? If I leave it as is would we have to remove the sign above the door? Customer is willing to do that if necessary. Also, Duree mentioned that exposed neon is not allowed. The sign is inside a black acrylic box, neon inside, box covered with clear acrylic. Now its not "exposed". FYI - check out the other two neon signs in the windows of that building. They are exposed. If I made the sign less than 50% of the window can it now be exposed and not permittted? Customer really wants this sign and I will try to do what I can to make it happen for her. Thanks, Denise Kendal Sign Company 446 Gus Hipp Blvd. Rockledge, FL 32955 Phone: 321-636-5116 Fax: 321-636-0402 Email: denisse@kendalsigns_.com Original Message From: Todd Morley To: 'denise' ; 'Barry Brown' Sent: Thursday, April 16, 2009 3:36 PM Subject: RE: Cindy's Massage CAB/Permit Hi Denise, Because the neon sign appears to take up 50% of the window, it wouldn't be a candidate for the window signage exemption. I would need to see the calculations of the wall area to determine whether it was eligible for a permit. All neon must be non -exposed. Exposed neon is prohibited. 05/01/2009 Page 3 of 3 kio -Todd Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1.222 www. myflorida. comtcape E-mail: morley-cape@cfl.rr.com Fax 321-868-1247 From: denise [mailto:denise@kendalsigns.com] Sent: Thursday, April 16, 2009 2:06 PM To: Barry Brown Cc: morley-cape@cfl.rr.com Subject: Cindy's Massage CAB/Permit Hello Barry. Attached is a window neon sign I am contracted to make and install for Cindy's Massage, 102 Columbia Dr., Suite 210. I would like to know if CAB is required. Also, Todd, according to Duree if the neon sign is more than 25% of the window I must apply for a permit. Do you see anything in the photo that might cause you do deny it? I look forward to hearing back from both of you. Thanks, Denise Kendal Sign Company 446 Gus Hipp Blvd. Rockledge, FL 32955 Phone: 321-636-5116 Fax: 321-636-0402 Email: deniseCa�kendalsigns.com 05/01/2009 Page 1 of 3 Susan Chapman From: Barry Brown [brown-cape@cfl.rr.com] Sent: Thursday, April 30, 2009 3:21 PM To: chapman-cape@cfl.rr.com Subject: FW: Cindy's Massage CAB/Permit From: Todd Morley [mailto:morley-cape@cfl.rr.com] Sent: Wednesday, April 22, 2009 1:35 PM To: City Hall Barry Brown Subject: FW: Cindy's Massage CAB/Permit Barry, I've answered Denise Berg's question about the sign for Cindy's Massage. The sign is not exempt and a permit will be required. You may want to consider touching base with her re CAB requirements. -Todd Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1222 www.myflorida.com/cape E-mail: morley-cape@.cfl.rr.com Fax 321-868-1247 From: Todd Morley [mailto:morley-cape@cfl.rr.com] Sent: Wednesday, April 22, 2009 1:31 PM To: 'denise' Subject: RE: Cindy's Massage CAB/Permit Denise, I've looked into the sign code requirements. This is a very interesting and unique question — thanks for the challenge! Bottom line: The sign is allowable with two conditions: 1. the sign above the door must be removed, and 2. the bottom half of the window is to remain clear in order to view the sales transaction area. Todd Morley Building Official City of Cape Canaveral 1.05 Polk Ave 05/01/2009 Page 2 of 3 Cape Canaveral, FL 32920 Phone321-868-1.222 www. myflori da. c om/cape E-mail: morley-cape@cfl.IT.com Fax 321-868-1247 From: denise [mailto:denise@kendalsigns.com] Sent: Tuesday, April 21, 2009 2:57 PM To: morley-cape@cfl.rr.com Subject: Cindy's Massage CAB/Permit Todd. I sent this to you last week in response to your e-mail. I just spoke with Barry and he says no CAB if you determine it is exempt. If not exempt then I have to do CAB. So, I am still waiting on an answer from you. Seems like a lot of back and forth for a small neon window sign. You know that I don't do anything in your city without getting approval or a permit. I've never had to permit a neon window sign in Cape Canaveral. Thats why i am asking for some guidance on this one. What do I need to do to move forward on this? Thanks, Denise Kendal Sign Company 446 Gus Hipp Blvd. Rockledge, FL 32955 Phone: 321-636-5116 Fax: 321-636-0402 Email: denise@kendalsigns.com Original Message From: denise To: morley-cape@cfl.rr.com Sent: Friday, April 17, 2009 9:29 AM Subject: Cindy's Massage CAB/Permit Hi Todd. I have attached a new drawing showing frontage. What size would I have to make it be a window sign? If I leave it as is would we have to remove the sign above the door? Customer is willing to do that if necessary. Also, Duree mentioned that exposed neon is not allowed. The sign is inside a black acrylic box, neon inside, box covered with clear acrylic. Now its not "exposed". FYI - check out the other two neon signs in the windows of that building. They are exposed. If I made the sign less than 50% of the window can it now be exposed and not permittted? Customer really wants this sign and I will try to do what I can to make it happen for her. Thanks, Denise Kendal Sign Company 446 Gus Hipp Blvd. Rockledge, FL 32955 05/01/2009 Page 3 of 3 Phone: 321-636-5116 Fax: 321-636-0402 Email: denise@kendalsigns.com Original Message From: Todd Morley To: 'denise' ; 'Barry Brown' Sent: Thursday, April 16, 2009 3:36 PM Subject: RE: Cindy's Massage CAB/Permit Hi Denise, Because the neon sign appears to take up 50% of th.e window, it wouldn't window signage exemption. I would need to see the calculations of the wall area to determine whether All neon must be non -exposed. Exposed neon is prohibited. -Todd Todd Morley Building Official City of Cape Canaveral averal 1.05 Polk Ave Cape Canaveral, FL 32920 Phone 321.-868-1.222 www.myflorida. com/cape E-mail: morley-cape efl.IT.com Fax 321-868-1247 From: denise [mailto:denise@kendalsigns.com] Sent: Thursday, April 16, 2009 2:06 PM To: Barry Brown Cc: morley-cape@cfl.rr.com Subject: Cindy's Massage CAB/Permit Hello Barry. be a candidate for the it was eligible for a permit. Attached is a window neon sign I am contracted to make and install for Cindy's Massage, 102 Columbia Dr., Suite 210. I would like to know if CAB is required. Also, Todd, according to Duree if the neon sign is more than 25% of the window I must apply for a permit. Do you see anything in the photo that might cause you do deny it? I look forward to hearing back from both of you. Thanks, Denise Kendal Sign Company 446 Gus Hipp Blvd. Rockledge, FL 32955 Phone: 321-636-5116 Fax: 321-636-0402 Email: denise(a�kendalsigns.com 05/01/2009 Susan Chapman Page 1 of 2 From: Sent: To: Subject: Barry Brown [brown-cape@cfl.rr.com] Thursday, April 30, 2009 4:10 PM chapman-cape@cfl.rr.com FW: Land Use Decision Forms Attachments: Kate Latorre.vcf; CAB Order PDF.pdf; CAB Notice of Appeal PDF.pdf; City Council Rezoning Order.pdf; P&Z Rezoning Rec PDF.pdf; BOA Variance Order PDF.pdf; P&Z Variance Rec PDF.pdf; P&Z Special Exception Rec PDF.pdf; BOA Special Exception Order PDF.pdf; BOA Notice of Appeal.pdf From: Kate Latorre [mailto:klatorre@orlandolaw.net] Sent: Friday, April 24, 2009 2:20 PM To: Barry Brown; Todd Morley Cc: City Hall Boucher, Bennett Subject: Land Use Decision Forms Barry and Todd: Please find attached hereto several different forms we've prepared related to the processing of various land use applications. We started preparing these some time ago shortly after the City Code was amended to grant the City Council appellate authority over decisions issued by the Board of Adjustment. Given the Council's direction as of late to have the proper forms in place to implement the City Code, we thought it would be best to finalize all the requisite forms for applications regarding rezonings, variances, special exceptions, and community appearance review. You will see that each form calls for a specific analysis of the applicable review criteria for each type of land use application. Implementing these forms will help to ensure that the various boards render decisions consistent with the requirements of the City Code. The following forms are attached. 1. CAB Order 2. Notice of Appeal of CAB Decision 3. P&Z Rezoning Recommendation 4. City Council Rezoning Order 5. P&Z Variance Recommendation 6. BOA Variance Order 7. P&Z Special Exception Recommendation 8. BOA Special Exception Order 9. Notice of Appeal of BOA Decision We intend also to create forms related to administrative appeals; however I'd like to see the City Code amending prior to finalizing those to address the new Planning Manager position and Barry's authority to render interpretations of the Code's zoning regulations. Those interpretations will be subject to administrative appeals just like Todd's interpretations of the technical building code sections and the Code needs to be modified as such. Please review the forms and advise as to whether any revisions are required. If these are acceptable, please ensure the boards begin to utilize these forms during their meetings where applicable. Further, applicants may be interested in seeing these forms, which will demonstrate how the Boards will be analyzing and issuing decisions on their particular request. Please contact my office if you have any questions. 05/01/2009 Page 2 of 2 Thanks, Kate Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: klatorre(c�orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time - sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 05/01/2009 0- l 8/£ :oleos N N �C) D n D0 -< T1 CD co � IA co f0 W tQ '17, 3 (Q C) a' a 0 O= O O `� 52. • • a' a- OOi co• o a w C) o C) o C c) 0 cD a) O U U Z U ca C O O U a) -o -60 zo 1-- 102 Columbia Dr, Cape Canaveral, FL 3292U to 102 Columbia Dr, Cape Canaveral, FL 3... rage 1 of 2 a% Google Maps Directions to 102 Columbia Dr, Cape Canaveral, FL 32920 0.0 mi Save trees. Go green! Download Google Maps on your phone at google.com/gmm http://maps.google.com/maps?fd&source=s d&saddr=102+columbia+dr,+cape+canavera... 4/27/2009