Legislation Details

File #: 26-0340    Version: 1 Name: A26-13 - Variance - dd's DISCOUNTS
Type: Public Hearing (Public & Legislative) Status: Agenda Ready
File created: 5/22/2026 In control: Zoning Commission
On agenda: 6/9/2026 Final action:
Title: A26-13 - A request by Tina Arcuri of Coastal Sign Services (on behalf of dd's Discounts) for a variance to the building-mounted sign standards (Section 30-5.L.8.B.2) to allow for the dd's Discounts at 1800 Skibo Road (0418023139000) to have a greater number of signs and max sign copy area.
Attachments: 1. Application.pdf, 2. Aerial Notification Map.png, 3. Zoning Map.png, 4. Future Land Use Map.png, 5. Subject Property.pdf, 6. Surrounding Properties.pdf, 7. 5564 Fayetteville_NC_WP_Rev2_variance.pdf, 8. Site Plan.pdf
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TO:                                            Zoning Commission

THRU:                      Jennifer C. Baptiste - Planning & Zoning Division Manager

 

FROM:                     Thomas Cohen - Planner I

 

DATE:                      June 9, 2026

 

RE:Title

A26-13 - A request by Tina Arcuri of Coastal Sign Services (on behalf of dd’s Discounts) for a variance to the building-mounted sign standards (Section 30-5.L.8.B.2) to allow for the dd’s Discounts at 1800 Skibo Road (0418023139000) to have a greater number of signs and max sign copy area.

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COUNCIL DISTRICT(S):                      

Council District(s)

 9 - Deno Hendros                       

 

 

b

Relationship To Strategic Plan:

Goal II: Responsive city government supporting a diverse and viable economy

                     2.4 - To sustain a favorable development climate to encourage business growth

Businesses need advertising and signage to attract customers and grow.

 

Goal III: City investment in today and tomorrow

                     3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspections

A variance request represents a pause in certain construction processes as designs are thus still in a state of flux. Swift completion of the variance represents the timely and accurate resumption of the review and inspection process.

 

Executive Summary:

Request

Applicant is requesting a variance to the maximum number of building-mounted signs from 5 signs to 7 signs and an increase to the max sign copy area from 113.58 square feet to 600 square feet.

 

Zoning Commission Decision Point

The Zoning Commission acting in accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.e.2 must decide a course of action:

                     Approve the variance request as submitted

                     Approve the variance request with conditions

                     Deny the variance request

 

Variance Criteria

1.                     Unnecessary Hardship

2.                     Peculiar Conditions

3.                     Minimum Action Necessary

4.                     Spirit of the Law

5.                     Public Safety

 

Background: 

Owner: Cross Creek Plaza Dr LLC; Stephanie Sparrow

Request: Maximum number of signs from 5 to 7 and max sign copy area from 113.58 square feet to 600 square feet

Parcel Identification Number (PIN): 0418023139000

Parcel Size: ± 28.44 acres

Existing Site Conditions: Shopping center

Immediate Context: Commercial properties, restaurants, and furniture dealers

Utilities: Public water, sewer, and electricity

Public Notice: Notification letters were sent to property owners within 300 feet of the subject site equating to 46 notices sent.

 

Issues/Analysis: 

Variance Criteria

In accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.f five standards must all be met for a variance to be granted.

1.                     Unnecessary hardship - Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships; it shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and

2.                     Peculiar Conditions - Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, such as location, size, or topography, and are not the result of the actions of the land owner, nor may hardships resulting from personal circumstances as well as hardships resulting from conditions that are common to the neighborhood or the general public be the basis for granting a variance; and

3.                     Minimum Action - The variance is the minimum action that will make possible a reasonable use of land or structures; and

4.                     Spirit of the Law - The variance is in harmony with the general purpose and intent of this ordinance and preserves its spirit; and

5.                     Public Safety - In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.

 

Applicable Standards and Request

UDO Section 30-5.L.8.B.1.C is the table which defines pole signs and outlines the standard to which they must adhere based on zoning district. The subject property is located within the Community Commercial (CC) zoning district.

                     Existing Sign Maximum: 5 building-mounted signs

o                     Proposed Variance: 7 signs (Increase of 2)

                     Existing Sign Copy Area Maximum: 113.58 square feet

o                     Variance: 600 square feet (Increase of 486.42 square feet)

 

Claim Presented by Applicant

The claim is that the request is due to high-activity and traveled nature of the area as well as commercial properties having poor sightlines from large setbacks and other businesses between major arterials and the subject business there is an undue restriction on business visibility.

 

Required Variance Findings

The Commission must determine whether the evidence supports EACH of the five criteria and associated findings.

 

The following is a neutral framing of how the record may be evaluated based on the claims and evidence provided by the applicant.

                     Unnecessary Hardship

o                     Applicants assert that the ordinance unnecessarily restricts visibility in a high activity commercial area.

o                     The Commission may consider whether these are considered practical or unnecessary difficulties.

                     Peculiar Conditions

o                     Applicants assert that the substantial setbacks from the main roads limit visibility of the business

o                     The Commission may consider whether these conditions are unique to the land rather than common to other commercial lots

                     Not Self-Created

o                     Applicants assert that the conditions are not self-created

o                     The Commission may consider whether these conditions are a self-created problem

                     Spirit of the Law

o                     The Commission may evaluate whether varying the maximum pole height standards is in harmony with the law and does not impact public safety.

                     Minimum Action Necessary

o                     Applicant asserts the request is the minimum action necessary to allow for appropriate visibility

o                     The Commission may consider whether this is the minimum height necessary to achieve the goal.

 

Budget Impact: 

Immediate (Legislative): No additional costs, collection of a $1000 application fee

Longterm (Construction): Onsite improvements are funded by the developer. City Council evaluates any potential public capital projects via budget adoption and capital investment processes.

    

Options

                     Approval - Find that the request meets all criteria

                     Approval, but with conditions - Find that the request meets all criteria if adhering to a set of conditions

                     Denial - Find that the request does not meet one or more criteria

                     Table - Find that more information is necessary to make findings and table the case for a later commission date

     

Recommended Action::Recommended Action

 

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Attachments:

1.                     Application

2.                     Aerial Notification Map

3.                     Current Zoning Map

4.                     Future Land Use Map

5.                     Site Pictures (Subject Site)

6.                     Site Pictures (Surrounding Properties)

7.                     Sign Plan

8.                     Site Plan