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HomeMy Public PortalAbout2011_12_13_R151 TW Perry Sign ApprovalThe Town of Leesburg, Virginia RESOLUTION NO, 2011 -151 A RESOLUTION: AUTHORIZING THE ISSUANCE OF A TO ZONING ORDINANCE SECTION 1 CONSTRAINTS FOR TW PERRY SITU CIRCLE, SE ON PROPERTY SITUATE] IDENTIFIED BY LOUDOUN COUNTY PARCEL IDENTIFICATION NUMBER WHEREAS, On June 29, 1982 the Board of Zoning December 13, 2011 December 13, 2011 JGN PERMIT PURSUANT .9.7. UNUSUAL SITE ,TED AT 41 CATOCTIN AT 43 CATOCTIN CIRCLE ,AND RECORDS AS 32 -48 -5253 granted a variance to J.T. Hirst, (predecessor of TW Perry), to permit the enlargement of a Ore- existing off - premises sign situated on the south side of Catoctin Circle at the entrance to the laccess easement the property at 41 Catoctin Circle has over the un addressed property now identified by PIN 232 -48 -3656; and WHEREAS, This sign pre -dated the current prohibition of off - premises directional signs in TLZO Sec. 15.5.1, so in 2005 a Sign Permit was issued (TLSP�2005 -0162) to T.W. Perry (successor to J.T. Hirst) to permit an upgrade to the base of the pre- existing non - conforming ( "grandfathered ") sign; and WHEREAS, as a result of a dispute between the current owner of the eased property leading to 41 Catoctin Circle, (BEG II, LLC & JKBG II, LLC) TW Perry has removed the pre- existing, non - conforming sign from the BEG 11, LLC & JKBG III LLC property resulting in TW Perry losing its only signage visible from its addressed entrance On Catoctin Circle; and WHEREAS, the TW Perry property is addressed as 41 has no direct frontage on Catoctin Circle. The TW Perry from Catoctin Circle; and WHEREAS, though TW Perry property does have Circle, however the lot sits approximately 284 feet access from direct frontage on First Street, currently First Street is not a throughway and thus functions essentially as a cul- -2- A RESOLUTION: AUTHORIZING THE ISSUANCE OF A SIGN PERMIT PURSUANT TO ZONING ORDINANCE SECTION 15.9.7. UNUSUAL SITE CONSTRAINTS FOR TW PERRY SITUA' CIRCLE, SE ON PROPERTY SITUATED IDENTIFIED BY LOUDOUN COUNTY L, IDENTIFICATION NUMBER 232 -48 -5253 de -sac off of South King Street. The T W Perry property is King Street at the end of First Street; and WHEREAS, from either Catoctin Circle or South King S visible from either Catoctin Circle or King Street due to being buildings and /or trees; and WHEREAS, Town of Leesburg Zoning Ordinance Constraints stipulates that "[W]hen unusual building site conditi ?D AT 41 CATOCTIN T 43 CATOCTIN CIRCLE ND RECORDS AS PARCEL 776 feet from South the T W Perry site is not by topography, existing 15.9.7 Unusual Site prohibit the ability to obtain effective signage, the Zoning Administrator may issue sign permi�s which comply with the intent of this article (Article 15 Signs) upon authorization by Town Council "; and WHEREAS, in this instance, staff recognizes the following conditions justifying a modification under Unusual Site Constraints: 1.) The peculiar arrangement of the TW Perry property no having frontage on its addressed street Catoctin Circle and the limitations on isibility of the site caused by that arrangement; 2.) The variance granted to TW Perry's predecessor (JT Hirst) by the Board of Zoning Appeals (BZA #79 6/29/1982) to allow an enlargement of an existing sign at the entrance to the access easement on Catoctin Circle; 3.) The pre- existing nonconforming ( "grandfathered ") justifying issuance of TLSP- 2005 -0162; 4.) The Town would not have required the removal of the status; and, 5.) The significant affirmative governmental actions of t issuance of the sign permit TLSP- 2005 -0162 in 2005 have an off - premises sign at this location. of the off - premises sign due to its "grandfathered" BZA in 1982 and by the ;sted the right of TW Perry to -3- A RESOLUTION: AUTHORIZING THE ISSUANCE OF A SI ZONING ORDINANCE SECTION 15.9.7.1 CONSTRAINTS FOR TW PERRY SITUAI CIRCLE, SE ON PROPERTY SITUATED IDENTIFIED BY LOUDOUN COUNTY L) IDENTIFICATION NUMBER 232 -48 -5253 WHEREAS, staff recommends Town Council authorize pursuit of Zoning Ordinance Section 15.9.7 U N PERMIT PURSUANT TO ?D AT 41 CATOCTIN T 43 CATOCTIN CIRCLE ND RECORDS AS PARCEL of sign permits in THEREFORE, RESOLVED by the Council of the Town Of Leesburg in Virginia that authorization is hereby given to the Zoning Administrator to issue a Sign Permit for the restoration of an off - premises sign for TW Perry on property at 4� Catoctin Circle owned by the Loyal Order of Moose on property identified in Loudoun County Identification Number PIN 232 -48 -5253. The following li apply: 1. No more than one 32 square -foot sign (8' x 4') as present Sign Permit Application affixed to the fence on the Loyal 232 -48 -5253) shall be permitted. 2. No other signs, banners, or changeable copy signs shall Records as Parcel regarding that sign shall in the November 18, 2011 -der of Moose Property (PIN affixed to the fence. 3. This authorization does not express or imply any waiver o modification of any other applicable requirements set forth in the Subdivision and L d Development Regulations, the Zoning Ordinance, or the Design and Construction St dards Manual (DCSM). PASSED this 13th day of December, 2011. n far h C. stattd, Mayor Town of Lee burg T Clerk of Co n it R\Resolutions \Resolutions 2011 \1213 TW Perry Sign Resolution.doc