Agenda - Planning Commission - 07/05/1995

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}'50 Page 6- June 15, 1995 Z.B. In his application, Scadron stated his sign would be 14 feet high by 48 feet wide and that the top would be 48 feet above "grade level." Under the zoning ordinance, any sign higher than 50 feet above the curb needed a special use permit. The city approved Scadron's permit, and he put up the sign. Several months later, a zoning administrator discovered that the top of Scadron's sign was 72 feet above the curb. The administrator asked the city to revoke Scadron's permit. The city told Scadron to remove the sign. Instead, he left it up and applied for a special use permit. After a hearing, the Zoning Board of Appeals denied Scadron's applica- tion. It ruled that Scadron had not met the requirements for a special use permit because he did not show that the sign was "necessary for the public conven- ience.'' In the north loop area, all signs were prohibited except those that identi- fied buildings or businesses. In addition, the board found that the higher sign would be incompatible with efforts to reverse the neighborhood's economic and aesthetic decline. Scadron appealed, and the court affirmed. He appealed again. DECISION: Affirmed. Scadron was not entitled to a special use permit unless he showed some benefit to the public welfare and compatibility with surrounding land uses. Scadron showed only that his sign would benefit him. He failed to show that the general public would derive any benefit from the higher sign. Signs entitled to special permits might give directions or identify buildings or businesses -- Scadron's sign did neither. Hope Deliverance Center Inc. v. Zoning Board of Appeals, 452 N.E. 2d 630 (1983). Accessory Use-- Supermarket Wants Accessory Parking in Neighboring Zone DeKalb County v. Publix Su]ger Markets Inc., 452 S.E. 2d 471 (Georgia) 1994 Emory University owned 15 acres of land in DeKalb County, Ga. In 1984, the county zoned the land so that four acres were in a local-commercial zone and 11 acres were in an office-institutional zone. The ordinance prohibited commercial shopping centers in the office-institutional zone and required all accessory structures (including parking facilities) to be located on the same lot as the buildings they served. However, it did allow commercial parking lots and garages as a principal use in that zone. In 1992, Publix Super Markets Inc. contracted to buy Emory's property. Publix asked the county to amend the land use plan as it applied to the 11 acres. Publix also applied to rezone the entire parcel as local-commercial so it could build a food store and parking lot. After a public hearing, the county denied Publix's request to amend the land use plan. Publix withdrew its rezoning request. In March 1993, Publix filed a preliminary plat and development permit application for various county departments to approve. It proposed to subdi- vide the property into four parcels. The 4-acre lot would be used as a food