Zoning Board of Adjustments Minutes - 01/17/2018MINUTES
BOARD OF ADJUSTMENT
January 17, 2018
PRESENT:
Jerry Cedrone
Steve Lane, Vice -Chairperson
Tyson Traw, Chairperson
Dave Waddell
Thomas Yoder
Vacancy
Councilor Eric West
James McKechnie, Asst. City Attorney
Karen Gagne, Planning Administrator
Matt Prouty, Planner II
ABSENT:
David Lane
Dee Reyes
Cari Beesinger Guidry
Mark McBurnett
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0 Alternate #1
°Alternate #4
°Liaison
0 Legal Dept
o City Staff
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O Alternate #3
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0 Ex -Officio
I. CALL TO ORDER
Chairperson Tyson Traw called the meeting to order at 1:32 p.m.
II. ROLL CALL
Chairman Traw introduced the board of adjustment members.
III. Appointment of New Vice -Chairperson by Chairperson
Mr. James McKechnie, assistant city attorney, confirmed that Mr. Steve Lane could be
appointed as Vice -Chairperson and voting was not a requirement. The Chairperson
appointed Mr. Steve Lane as Vice -Chair who graciously accepted.
IV. MINUTES
Mr. Jerry Cedrone stated the September 20, 2017 minutes were in error. He was in
absentia so the motion made which he noted on page 3 "Mr. Jerry Cedrone made the
motion to approve the evaluation criteria for Case V 17-03..." needs correction. There
were no other corrections to be made. Assistant city attorney, Mr. McKechnie
suggested to table the minutes until their next meeting which would allow staff to
Board of Adjustment
2 January 17, 2018
research; then the board would review and approve two sets of minutes at the next
board meeting.
Mr. Thomas Yoder made a motion to table the minutes from the September 20, 2017
Zoning Board of Adjustment meeting (ZBOA) until the next meeting. Mr. Jerry Cedrone
seconded. The minutes were approved to be tabled until the next ZBOA meeting. The
vote carried unanimously.
V. REGULAR AGENDA
Case V 18-01
Request for a variance to allow a ground sign that is more than three feet
above the surrounding grade in a General Commercial (GC) zoning district
at 3811 Tarry Street.
Mr. Matt Prouty presented the request for case V 18-01 and introduced the qualifying
criteria. The subject property consists of 2.27 acres located on the south side of Tarry
Street which is currently a dead end street and is designated a local commercial street
on the city's Thoroughfare Plan. The minimum required right of way width is 60 feet,
which is accounted for along Tarry Street.
Applicant, Brian Huebel of Standard Sales Company submitted a specific request to
install a 7 foot tall ground monument sign in lieu of a pole sign one foot from the front
property line. According to Appendix A - Zoning; Sec. 6700 - Sign Regulations, ground
monument signs are only allowed within 10 feet of the property line if they are a low
profile sign not to exceed three (3) feet above surrounding grade. Current sign
regulations place no prohibition on pole sign locations in relation to the front property
line as long as they maintain a clear area for sight visibility between three (3) and nine
(9) feet.
Staff agreed with the applicant's statements that special conditions and circumstances
exist at this property within the district. Per Zoning Ordinance - Sec. 6710 - Purpose:
sign regulations are to increase safety and lessen congestion in the streets. Traffic
density and current dead end configuration should be taken into consideration. "Tarry
Street is a dead-end street with very little traffic other than for our business; there are
no utility lines that would interfere with locating the sign at their desired site. "The set-
up of the property was inherited by Standard Sales. The property was as -is when
purchased in 2017. Staff has verified that the conditions and circumstances surrounding
this request for a variance are not the result of the applicant's actions. However, a
hardship does not exist for this request, special considerations may exist based upon
purpose criteria as identified in Sec. 6710. Mr. Prouty elaborated on several points
within the qualifying criteria which supported the request; therefore the good quality of
the sign would enhance the aesthetic of the area as well as maximize the applicant's
presence in the district.
Mr. Prouty stated staff felt the qualifying criteria had been met and recommended
review of the evaluation criteria.
Board of AdjustmentJanuary 17, 2018
Two questions were posed to Mr. Prouty from a board member. Mr. Prouty stated that
the intent of the sign is not to "draw more traffic in from Lawrence Road" but to have a
pleasing and visible ground sign in the area than the required 10 foot setback;
regarding sight visibility/obstruction on Tarry Street, Mr. Prouty pointed to the aerial site
plan and explained that the existing parking curb cuts present the same type or greater
sight visibility/obstruction. Parking is allowed by right and it is not an issue.
Chairperson Traw reminded the board that this is a consideration for qualifying criteria
but we can move forward to evaluation criteria. He called for a motion.
Mr. Steve Lane made the motion to accept the qualifying criteria of Case V 18-01. Mr.
Thomas Yoder seconded. The motion was taken to a vote and passed unanimously.
Mr. Prouty presented the review of the evaluation criteria for case V 18-01. The
following evaluation criteria was evaluated by staff. This variance if granted will not be
contrary to public interest; special conditions exist other than financial hardship; this
variance will not permit activity upon the land which is prohibited by the Zoning
Ordinance; granting of this variance is consistence with the intent of the ordinance, in
harmony therewith and will not be injurious to the neighborhood or detrimental to the
public welfare but an enhancement to the neighborhood.
Staff notified 9 parcels and received 1 response in favor, 0 in opposition and 0 with no
opinion/undecided. There were also no responses received from outside the notification
area.
Chairperson Traw asked for comments from the applicant, Mr. Huebel, who was in the
audience stated Mr. Prouty summed up "what they were looking for." The Chairperson
asked if there were comments from the public; there were none. He closed the
discussion. He opened the discussion to the board and asked for comments, questions
or clarifications from the board. There were none from the board.
Mr. Thomas Yoder made the motion; Mr. Dave Waddell seconded the motion. The
vote carried unanimously. The Chair acknowledged the motion passed; variance
granted.
VI. NEW BUSINESS
Chairperson Traw stated there was not any new business.
VII. ADJOURN
The Board adjourned at 1:52 p.m.
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