Zoning Board of Adjustments Minutes - 06/18/198671
M I N U T E S
ZONING BOARD OF ADJUSTMENT
June 18, 1986
'f" PRESENT
Bob Balch, Chairman
Joan Mason, Vice Chairman
Imma Jeanne Alexander
William Kidd
Bill Rowland
Richard Sutton
Roger McKinney, Director of Planning
++ Jeanie Thompson, Assistant City Attorney
Subir Mukerjee, Development Coordinator
Barbara Bridges, Secretary
ABSENT
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David Gossom
Syd Litteken
Robert Seabury
CALL TO ORDER
Members
City Staff
Members
Chairman Balch called the meeting to order at 1:30 p.m.
APPROVAL OF MINUTES
AV
It was moved by Mrs. Alexander and seconded by
Bill Rowland
that the June 2, 1986 Special Meeting Minutes be
approved as
printed. Assistant City Attorney Jeanie Thompson
requested the
to
phrase of "a basis which has been upheld is" on
page 38 to be
changed to: "a question to be asked is". Chairman Balch then
called for the vote, which was unanimous.
to
BUSINESS ITEMS
1. V-86-12. Request to allow a larger replacement sign for
a nonconforming business in an SF-2 zone, at 2600
Buchanan St.
Board members were provided copies of the staff
report which
explained the applicant desires to replace an 8
sq. ft. sign
for a nonconforming business with a 17.3 sq. ft.,
lighted sign.
The request does not meet any of the criteria
of hardship/
special conditions, intent of the ordinance, conformity, or
go
public welfare.
Item No. M, 1
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Mrs. Nan Lambert, applicant, addressed the Board. She stated
she had chosen a larger, more colorful sign to replace the sign
she claimed was stolen, as a better advertisement for her busi-
ness. Chairman Balch noted her special circumstances cited is
that her business is in a single-family zone. Mrs. Lambert
replied customers have told her they "have a hard time finding
my place." She advised she had already purchased the sign
before applying for a permit and found out it would not meet
the requirements of the ordinance. It was brought out the
ordinance would allow replacement with a similar sign. Mrs.
Lambert claimed the new sign could not be reduced in size
because it has a metal border. However, the lighting would not
be used at night, because the business closes at 5:00 p.m.
After further discussion it was moved by Dr. Sutton that the
application for variance be denied based on the fact that no
special conditions exist other than financial. This motion was
seconded by Mrs. Alexander and carried unanimously by vote of
Balch, Mason, Alexander, Rowland, and Sutton.
2. V-86-13. Request to allow a business sign which exceeds
the sign standards in an LC zone at 4500 Kemp Blvd.
Chairman Balch noted this business item has been considered by
the Board at two previous meetings, and at the last meeting a
30 day stay of proceedings was granted.
The applicant, Tom Hoffman, then addressed the Board. He
stated he is appealing on the basis of a serious traffic
hazard, as he has witnessed three near -collisions before the
installation of his sign; since then there has been none, and
he attributes this to the sign. Mr. Hoffman also spent some
time in rebuttal of the Staff Report.
As at previous meetings, it was pointed out Mr. Hoffman could
have recourse through the sign installer. Mr. Hoffman agreed,
but stated "we are talking about the success or failure of my
business." Dr. Sutton noted it has previously been agreed
there is a cause for action against the sign, but Mr. Hoffman
is not asking for help in getting his money back, but to allow
him to put up too big a sign.
Some discussion was made of the enforcement of the sign portion
of the ordinance and citing of sign contractors in violation.
Mr. McKinney and Ms. Thompson explained the measures available
and taken on this matter, including copies of the sign regula-
tions having been provided to all licensed sign contractors.
In this case, the problem is the contractor did not apply for a
permit. If he had, it would have been denied. Mr. Kidd stated
his opinion this should be arbitrated before coming to the
Board.
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Item No. Mi
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Ift The Board was also addressed by Gene Douglass, attorney. He
stated the Board has been presented evidence as to a traffic
hazard, and should grant the variance based on this evidence.
am Dr. Sutton noted Mr. Hoffman had presented no evidence other
than anecdotically. Chairman Balch also noted the Board must
also consider the parameters of the ordinance. Considering
this, this sign is approximately 2' too high and 48 sq. ft. too
g" large in an LC zone.
After further discussion it was moved by Joan Mason that the
as Board deny the variance because the lack of access from Kemp
Street does not constitute special grounds for hardship. This
motion was seconded by Mrs. Alexander, and carried with none
WO opposed, by vote of Balch, Mason, Alexander, Rowland, and
Sutton.
Mr. Hoffman asked for 30 days to have the sign removed. Mr.
va Mukerjee indicated this would be acceptable to the staff, and
Chairman Balch stated a 30 day period is granted.
The meeting adjourned at 2:35 p.m.
No
Bob Balch, Chairman
No
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Item No. MI 6
Page No. 3
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