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Home My WebLink AboutApplication Materials VARIANCE www.eugene-or.gov/planning Planning & Development Updated: January 2025 Planning Division 99 W. 10TH Avenue Suite 290, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: planning@eugene-or.gov Page 1 of 3 Please complete the following application checklist. Note that additional information may be required upon further review in order to adequately address the applicable criteria for approval. If you have any questions about filling out this application, please contact Planning staff at the Permit and Information Center, phone (541) 682-5377, 99 West 10th Avenue, Eugene. List all Assessor’s Map and Tax Lot numbers of the property included in the request. Proposals are required to include all property under contiguous ownership of the applicant. Assessor’s Map Tax Lot Existing Zoning Development Site (acres): ____________________________________________________________________________ Check Standard(s) Proposed for Variance: EC 9.2000 to 9.3915: EC 9.6410 Motor Vehicle Parking Standards Building Height EC 9.6600 to 9.6680 Sign Standards Fences and Walls EC 9.6745 Setbacks – Intrusions Permitted Front Yard Setbacks Interior Yard Setbacks Filing Fee A filing fee must accompany all applications. The fee varies depending upon the type of application and is adjusted periodically by the City Manager. Check with Planning staff at the Permit and Information Center to determine the required fee or check website at www.eugeneplanning.org Submittal Requirements Provide 2 paper copies and one digital copy (CD, USB Drive, or Other) of all application materials (i.e. written statement, site plans, etc.). Digital files must be in PDF file format. Please note that it is the applicant’s responsibility to make sure that the digital and paper copies are identical. Following completeness review, an updated digital and paper copies may be required. All paper site plans must be folded to a size equal or less than 11” x 17”. Written Statement Submit a detailed written statement describing how this request is consistent with all applicable criteria beginning at Eugene Code Section 9.8760, or if this variance is related to telecommunication facilities, please describe how this request is consistent with the criteria at Eugene Code Section 9.5750(9). Please note: it is the applicant’s responsibility to provide adequate information demonstrating how the project satisfies the applicable approval criteria. Failure to provide such information may result in a denial of your application. www.eugene-or.gov/planning Planning & Development Updated: January 2025 Planning Division 99 W. 10TH Avenue Suite 290, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: planning@eugene-or.gov Page 2 of 3 Site Plan Requirements Show the date, north arrow, and standard engineer’s or architect’s scale. Show the Assessor’s Map and Tax Lot numbers. Show a vicinity map on the plan. (Vicinity map does not need to be drawn to scale.) Show the dimensions of the site plan boundaries. Show the location of all existing structures and indicate whether they will remain or be removed. Show the location of all proposed structures and any other proposed development activity. Show any site features necessary to illustrate the basis for the proposed adjustment. General Requirements (Submit 3 copies) Submit a legal description of property included in the variance application. This legal description must be typed on an 8½" x 11" white sheet of paper (no letterhead), black and white, with font size 10-point or greater so that it is suitable for recording. For sign variances, provide an elevation plan to scale showing the sign and the structure it is mounted on with dimensions. www.eugene-or.gov/planning Planning & Development Updated: January 2025 Planning Division 99 W. 10TH Avenue Suite 290, Eugene, OR 97401 Phone: 541.682.5377 or E-mail: planning@eugene-or.gov Page 3 of 3 By signing, the undersigned certifies that he/she has read and understood the submittal requirements outlined, and that he/she understands that omission of any listed item may cause delay in processing the application. I (We), the undersigned, acknowledge that the information supplied in this application is complete and accurate to the best of my (our) knowledge. OWNER (Also the Applicant? Yes / No): Name (print): ____________________________________________ Phone: ___________________________________________ Address: ___________________________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________________________ Signature: ___________________________________________________________________________________________________ APPLICANT / APPLICANT’S REPRESENTATIVE (Check one): Name (print): ________________________________________________________________________________________________ Company/Organization: _______________________________________________________________________________________ Address: ____________________________________________________________________________________________________ City/State/Zip: ___________________________________________ E-mail (if applicable): ________________________________ Phone: _________________________________________________ Fax: ______________________________________________ Signature: ___________________________________________________________________________________________________ APPLICANT’S REPRESENTATIVE / DESIGNATED CONTACT PERSON (Check all that apply): Name (print): ________________________________________________________________________________________________ Company/Organization: _______________________________________________________________________________________ Address: ____________________________________________________________________________________________________ City/State/Zip: ___________________________________________ E-mail (if applicable): ________________________________ Phone: _________________________________________________ Fax: ______________________________________________ Signature: ___________________________________________________________________________________________________ Note: This is not a complete list of requirements. Additional information may be required after further review in order to adequately address the applicable approval criteria. criteria of approval. MAP NO. 17-03-31-1-1 PARCEL NO. 8800 LEGAL DESCRIPTION Beginning at a point on the East Margin of Willamette Street 47.00 ft. North of the SW Corner of Lot 5, Block 8 of SKINNER'S DONATION, as platted and recorded in Volume "A", Page 122, of Lane County Oregon Plat Records; thence North 108.11 ft along the East Margin of Willamette Street to a point South of the South Margin of 7th Avenue; thence East 161.28 ft. parallel to and 7.00 ft. South of the South Margin of 7th Avenue to the West Margin of the North-South Alley between Willamette Street and Oak Street; thence South 107.97 ft. along the West Margin of said Alley to a point which is 54.00 ft. North from the centerline of the East-West Alley between 7th Avenue and 8th Avenue; thence West 161.22 ft. parallel with and 54.00 ft. from the centerline of the East-West Alley between 7th Avenue and 8th Avenue to the Point of Beginning all in Section 31, Township 17 South, Range 3 West of the Willamette Median. Containing more or less .40 acres. 9.8760 Approval Criteria for Variances. The planning director shall approve, conditionally approve, or deny a variance, with findings and conclusions thereon following a Type II process. Approval, or conditional approval shall be based on compliance with all the following criteria: (1) A strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or undue physical hardship due to at least one of the following conditions: (a) Size, shape, or dimensions of a site. (b) Geographic, topographic, or other physical conditions on the site or in the immediate vicinity. (c) Street locations or traffic conditions in the immediate vicinity. Economic considerations do not constitute grounds for granting a variance. RESPONSE: A strict or literal interpretation of the sign code creates a practical difﬁculty for my business due to the following conditions: (b) Geographic, Topographic, or Other Physical Conditions Olsen Run Comedy Club is located directly across the street from the Hult Center, a City-owned theater operating in the same zoning district, which has been permitted an electronic sign. Within a half-mile radius, both the McDonald Theater and the Shedd Institute, also in the same district, have similar digital signage. This concentration of electronic signage in the immediate area creates a disparity in visibility and communication tools that directly affects my business. Studies have shown that digital signage captures signiﬁcantly more attention than static signage. For instance, research indicates that digital signage captures 400% more views than static displays. Additionally, digital signage has been found to increase customer engagement by 46%. This increased visibility and engagement translate into higher recall rates, with digital signage achieving an 83% recall rate compared to lower rates for static signage. Because neighboring venues can display high-visibility event information, including images of performers, while Olsen Run is limited to static text signage, we are at a signiﬁcant disadvantage in capturing the attention of foot and vehicle trafﬁc. The inconsistency in permitted signage types limits our ability to effectively inform the public about upcoming performances, a core operational need for any live events venue. This geographic inequity in signage permissions prevents Olsen Run from operating on equal footing with neighboring competitors and constitutes a clear practical hardship under the variance criteria. (c) Street Locations or Trafﬁc Conditions in the Immediate Vicinity Olsen Run is located along a busy corridor with signiﬁcant pedestrian and vehicle trafﬁc. In such a high-trafﬁc area, digital signage is not only more effective but also safer. Studies have shown that drivers' glances at digital billboards average less than one second, which is well below the risk threshold identiﬁed in major federal studies. This suggests that digital signage allows passersby to absorb event information more quickly and with less distraction compared to traditional static signage. By restricting Olsen Run from using the same type of signage as other venues in this shared corridor, the current interpretation of the code introduces a practical hardship in both safety and visibility—particularly when others in the same trafﬁc environment are allowed enhanced tools for communication. This request is not based on economic considerations but rather on the need for fair and consistent application of the sign code in light of existing conditions. Given that similar venues within the same zoning district are permitted to use electronic signage, I respectfully request that the variance be granted to allow Olsen Run Comedy Club the same opportunity. Also based on the broader intention of the city. (2) There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. RESPONSE: Olsen Run Comedy Club is uniquely positioned in a way that creates exceptional circumstances not generally applicable to other properties in the same zoning district: Proximity to a City-Owned Venue with an Electronic Sign Directly across the street from my business is a City-owned theater that has been granted the ability to use an electronic sign, despite being in the same zoning classiﬁcation. This creates an inherent inequity where a public venue enjoys the beneﬁts of modern signage, while a private venue, serving the same public need for arts and entertainment, is left at a competitive disadvantage. Surrounding Venues with Electronic Signs Within a half-mile radius, two additional entertainment venues have received permission to install electronic signage. While properties in this zoning district generally do not permit digital signs, the concentration of exceptions granted to live event venues in close proximity makes my request a matter of consistency and fairness, not a deviation. Essential Function for a Live Entertainment Business Live performance venues like Olsen Run Comedy Club rely heavily on visual promotion of who is performing. Celebrity recognition is how you spark excitement and build community interest. Being able to showcase the famous faces and names of well-known entertainers helps connect people and generates buzz This is a marketing tool fundamentally more important for live event venues than for traditional retail or service-based businesses, which do not require the same level of frequent and targeted promotion to cultivate public interest. Static signage cannot accommodate this need. A Long-Term Decision About the City's Identity The location of my venue in the city center—now organically evolving into an entertainment corridor—also creates unique pressure. Thousands of cars pass by daily, and the sign that previously occupied this marquee space stood for more than 30 years. Any decision the city makes today about this sign is, in effect, shaping the city's image into the year 2035 and beyond. The choice is between a vibrant, modern visual representation of Eugene as a thriving hub for nationally recognized comedians—or a dated, static sign that fails to reﬂect the cultural growth already taking place. Cost as a Natural Limiting Factor The cost of installing and operating a digital marquee is substantial, which in itself limits frivolous or widespread use. Most businesses do not have the ﬁnancial justiﬁcation or necessity for such signage, particularly outside of entertainment and event-based operations. This reality ensures that granting this variance would not set a precedent leading to an overwhelming number of similar requests. In summary, Olsen Run Comedy Club faces a constellation of extraordinary circumstances: it is directly across from a city-owned venue with a digital sign, surrounded by other approved digital signs, operates under business conditions where such signage is functionally essential, and exists in a high-trafﬁc corridor where signage choices shape the long-term character of the city. These conditions do not apply to the majority of properties within the same zoning classiﬁcation and warrant approval of this variance. (3) The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. RESPONSE: Granting this variance for an electronic sign at Olsen Run Comedy Club will not negatively impact public health, safety, or welfare, nor will it cause harm to nearby properties or improvements, for the following reasons: 1.Consistency with Existing Signage in the Area The proposed electronic sign would be in harmony with the surrounding environment, as there are already multiple venues within a half-mile radius—including the City-owned Hult Center directly across the street—that utilize similar signage. The presence of another electronic sign would not introduce anything new or disruptive to the character of the area. 2.Trafﬁc and Pedestrian Safety The sign will be designed and positioned in full compliance with all applicable safety standards to prevent issues related to driver or pedestrian distraction. In fact, multiple studies support that digital signage, when properly implemented, does not increase crash rates and may actually improve safety by offering clearer, more visible, and more legible information at a glance. According to a 2019 Federal Highway Administration study, legibility and message comprehension improved by over 50% with digital signage compared to traditional signs. The U.S. Sign Council also reports that properly designed digital signs result in shorter glances from drivers than static signs with crowded or outdated content. Additionally, since several digital signs already exist in the immediate vicinity, the addition of one more would not represent a meaningful or disruptive change to current trafﬁc or pedestrian dynamics. Instead, it brings consistency to an already established visual environment. 3.Controlled Brightness and Display Features The electronic sign will comply with best practices for brightness levels, display transitions, and operating hours to ensure minimal impact on nearby residences or businesses. If necessary, the sign can be programmed to dim during nighttime hours to further mitigate any potential concerns. 4.Support for Local Economic and Cultural Growth The sign will contribute positively to the community by promoting live entertainment, fostering local business growth, and enhancing the cultural appeal of the district. Increased visibility for the venue will help attract visitors, beneﬁting nearby restaurants, shops, and hotels—supporting a vibrant and growing local economy. Since opening, our club's presence, constant engagement with comedians and agents, and successful shows have signiﬁcantly elevated Eugene’s reputation as a viable destination for major comedy acts. Our success is not isolated, it’s actively driving business and cultural momentum for the entire city. The increased number of comedy events at larger venues like the McDonald Theatre, Hult Center, and even Matthew Knight Arena is no coincidence. Our inﬂuence has contributed directly to that growth because of prior conversations regarding Eugene that have been had with some of the comedians performing in those venues or their representatives. But more than that, digital signage at Olsen Run Comedy Club would visually reﬂect the level of talent performing inside the venue. Eugene has organically become a true comedy town. Our shows are routinely sold out, and the audience response has been overwhelming. Patrons express deep gratitude for having a top-tier comedy venue in their city. Agents and nationally recognized comedians have told us Olsen Run Comedy Club isn’t just good, it could very well be one of the best comedy clubs in the country. And these are voices coming from the top of the industry in Hollywood and New York. I invite you to look at our calendar and compare it to any national chain, whether it’s an Improv, a Helium, or a Funny Bone, and you’ll see something unusual: movie-star-level comedians performing in a town of this size, often in an intimate setting where they’d usually never appear. That’s due to a rare conﬂuence of factors: 30 years of deep ties in the national comedy industry, the outstanding fans here in Eugene, and a venue committed to excellence. It’s something the city should be proud of and wants to celebrate. A modern, digital marquee in the heart of downtown allows residents and visitors alike to see, at a glance, that Eugene is not just keeping up with the cultural offerings of major cities, but leading in some respects. These artists aren’t coming here by accident. They're choosing this club and this town because something real is happening here and the signage should reﬂect that. This location previously hosted a sign that remained for over 30 years. Any decision made today about what replaces it is effectively a decision about how the city will present itself for the next several decades. The city is under unique pressure as a result. A generic, static marquee that is already outdated will still be there in 2035 unless we are allowed a digital sign that reﬂects the vibrancy, creativity, and cultural energy already thriving in the heart of our city. This is about more than just one business, it’s about the identity and perceived modernity of the city itself. By granting this variance, the city of Eugene sends a strong message: that it values the arts, supports small business innovation, and is proud of its cultural accomplishments. This signage will become part of the city’s fabric and character, symbolizing that Eugene is a thriving, modern city with world-class entertainment and a bright future. The approval of this variance will not harm public health, safety, or welfare, nor will it negatively affect surrounding properties. Instead, it will create a fairer and more competitive environment while maintaining the integrity of the neighborhood. I respectfully request that this variance be granted to allow my business to operate on equal footing with similar venues in the immediate area. (4) In addition to the above criteria, the following 3 criteria apply to variances from code sections that apply to EC 9.6410 Motor Vehicle Parking Standards, and from EC 9.2000 to 9.3980 base zone regulations as applied to fences and walls. RESPONSE: The additional criteria outlined in EC 9.6410 (Motor Vehicle Parking Standards) and EC 9.2000 to 9.3980 (Base Zone Regulations for Fences and Walls) do not apply to this variance request. This request pertains solely to electronic signage and does not involve parking, fences, or walls. (a) Neither present nor anticipated future traffic volumes generated by the use of the site or uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation. RESPONSE: The presence of an electronic sign at Olsen Run Comedy Club will not negatively impact current or future trafﬁc volumes in the vicinity, nor does the nature of trafﬁc in the area reasonably necessitate a strict interpretation of the signage regulation. 1.Existing Electronic Signage in the Vicinity The City-owned Hult Center directly across the street, along with the McDonald Theater and the Shedd Institute within a half-mile radius, already utilize electronic signage without any known adverse effects on trafﬁc ﬂow or safety. This indicates that such signage is not inherently disruptive to local trafﬁc patterns. 2.No Increase in Trafﬁc Volume Due to Signage The addition of an electronic sign will not generate additional vehicle trips beyond what is already expected for an entertainment venue. Patrons typically plan their visits in advance, and the sign will serve primarily as a promotional and informational tool rather than a real-time trafﬁc driver. 3.Trafﬁc Flow and Safety Will Be Maintained The sign will comply with all applicable regulations regarding brightness, message transitions, and placement to ensure it does not cause driver distraction. Since other electronic signs exist in the vicinity without causing trafﬁc concerns, there is no reasonable basis to require strict enforcement of this regulation for my property. Strict enforcement of the prohibition on electronic signage is not justiﬁed based on present or anticipated trafﬁc conditions in the area. Given the precedent set by neighboring venues with digital signs, allowing an electronic sign at Olsen Run Comedy Club will not create any undue impact on trafﬁc ﬂow or safety. (b) The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. RESPONSE: Granting this variance for an electronic sign at Olsen Run Comedy Club will not result in vehicles parking or loading on public streets in a way that interferes with trafﬁc ﬂow. 1.Existing Parking Accommodations The club already has designated parking areas and nearby public parking options that more than sufﬁciently accommodate patrons. The presence of an electronic sign will not alter parking demand or patterns. 2.No Direct Connection Between Signage and Vehicle Stoppage The electronic sign is intended for general promotion and event announcements, not as an immediate call to action requiring vehicles to stop or park unexpectedly. Nearby venues with similar signage have not caused parking or loading issues on public streets. 3.Continued Compliance with Local Parking Regulations The club will continue to adhere to all city parking and loading regulations, ensuring that vehicle movement remains orderly and does not obstruct public roadways. (c) The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this land use code. RESPONSE: Granting this variance for an electronic sign at Olsen Run Comedy Club will not create any safety hazards or conditions that conﬂict with the objectives of the city’s land use code. 1.Compliance with Safety Standards The electronic sign will be designed and operated in full compliance with brightness, display transition, and placement regulations to prevent driver or pedestrian distraction. Additionally, the sign can be programmed to dim during evening hours to minimize any potential glare or visual impact. Furthermore, their are various studies showing evidence of increased trafﬁc safety when compared to static signs due to increased speed in viewing comprehension. One such analysis conducted over eight years in the Greater Reading Area found no statistically signiﬁcant relationship between digital billboards and accident occurrences. The study observed an 11.1% decrease in accident rates within 0.5 miles of digital billboards. 2.Alignment with Surrounding Uses The presence of other electronic signs in the immediate vicinity, including the City- owned Hult Center directly across the street, demonstrates that such signage is compatible with the area and does not pose safety risks. This variance request aligns with established land use patterns rather than introducing a disruptive element. 3.Support for Land Use Code Objectives The intent of the Land Use Code is to promote orderly development, enhance the character of our community, and support the growth of local businesses. Allowing an electronic sign at Olsen Run Comedy Club is not only consistent with these objectives, it powerfully advances them. This sign is more than just a tool for advertising. It is a beacon for the arts, a visual representation of Eugene’s growing reputation as a cultural and entertainment destination. Our club is helping redeﬁne what people think of when they think of Eugene. The addition of a digital sign will allow us to showcase these high- proﬁle acts to passersby in real-time, increasing visibility, driving attendance, and fueling surrounding businesses, from restaurants to hotels and retail shops. A vibrant entertainment corridor in the heart of the city supports a thriving downtown economy and creates a sense of place that residents are proud of and visitors remember. We’re already seeing that momentum build. This sign is not just about our business, it’s about signaling that Eugene is modern, creative, and on the rise. Importantly, the sign would bring us in line with nearby venues that have already been granted similar allowances. This promotes consistency and fairness in development and helps create a cohesive visual and cultural identity for the area. Denying this request would create an imbalance at odds with the land use code by allowing city-owned and select venues to enjoy modern visibility tools while restricting access to others contributing equally to the local entertainment landscape. In short, this sign supports economic growth, cultural vitality, and the shared vision of Eugene as a forward-looking, artistically rich community. It is a small step for us but it is a meaningful and consequential decision about the character and future of the city. The variance request does not introduce safety hazards or conﬂicts with the city’s land use code. Instead, it supports the area’s function as an entertainment district while maintaining consistency with existing signage allowances. (5) In addition to the criteria set forth in subsections (2), (3) and ((4) of this section, the following criterion applies to variances from the provisions of EC 9.6600 to 9.6680 Sign Standards: (a) Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or undue physical hardship inconsistent with the objectives of EC 9.6600 to 9.6680 Sign Standards. A practical difficulty or undue hardship may result from the location of existing structures on the site or in the immediate vicinity. The planning director may not grant variances based on the convenience of the applicant, including any hardship of regional or national businesses which wish to use a standard sign when those standard signs do not conform to the provisions of the sign code. RESPONSE: A strict or literal interpretation of the sign regulation creates a practical difﬁculty and undue hardship that is inconsistent with the objectives of EC 9.6600 to 9.6680 Sign Standards, for the following reasons: 1.Existing Electronic Signage in the Immediate Vicinity The City-owned theater directly across the street, along with two other entertainment venues within a half-mile radius, are already permitted to have electronic signs. This creates an inconsistency in the application of the sign code, as my business is subject to stricter regulations despite being in the same zoning district and serving a similar function. 2.Location of Existing Structures in the Immediate Vicinity The comedy club’s position near a major intersection and in an entertainment district makes visibility essential. The presence of other electronic signs in the area means that my venue is at a disadvantage in effectively communicating event information. Because patrons often make decisions based on visible signage, restricting my ability to use an electronic sign—while allowing nearby venues to have them—creates an undue hardship. 3.Not Based on Convenience or Standardized Corporate Branding This request is not for convenience or to conform to a corporate sign standard, as restricted under this provision. Rather, it is based on the unique geographic and regulatory circumstances affecting my property, including the inconsistent application of sign rules to similar venues nearby. 4.Functional Limitation Creates Practical Difﬁculty While a digital sign and a static sign may share the same physical footprint, a static sign simply cannot meet the functional needs of a live entertainment venue. Our events change frequently, and our marketing relies on the ability to showcase high-proﬁle acts and recognizable faces—something only digital signage can do effectively. A static sign limits visibility, impedes responsiveness, and reduces the venue’s ability to engage with the public, creating a functional hardship that directly conﬂicts with the purpose of the Sign Standards. 5.Inconsistent with the Objectives of the Sign Code The stated objectives of EC 9.6600 to 9.6680 include enhancing community character, supporting local businesses, and promoting clear, effective communication through signage. Preventing my business from utilizing digital signage directly undermines those goals. It restricts our ability to inform the public, grow our audience, and contribute fully to the vibrancy of the city center—especially as Eugene increasingly becomes recognized as a comedy and live entertainment destination. A strict interpretation of the sign regulation, in this context, works against the code’s intended purpose. Granting this variance would not only align my business with existing precedent but also help maintain a level playing ﬁeld among similar venues. More broadly, it supports the city’s economic development goals and contributes to a thriving, culturally rich downtown core.