Zoning Board of Adjustments Minutes - 08/20/2008MINUTES
ZONING BOARD OF ADJUSTMENT
August 20, 2008
PRESENT:
Les Seipel, Chairman 0 Members
Jose Garcia 0
Michael Latham 0
Dave Lilley 0
Steve Wood 0
Dustin Nimz 0 Alternate #1
Charles Elmore, Council Liaison 0
David A. Clark, Director of Community Development 0 City Staff
Marty Odom, Planner II 0
Diane Parker 0
ABSENT:
Bruce Harris 0 Alternate #2
I. CALL TO ORDER
Chairman Seipel called the meeting to order at 1:30 p.m. The new member, Dustin
Nimz, was sworn in by Mr. Odom.
II. MINUTES
Mr. Latham made a motion to approve the July 16, 2008 meeting minutes; Mr. Garcia
seconded. The vote was unanimous in favor of approval.
III. REGULAR AGENDA
1. Case V 08-02
Reduce the Required Setback from Ten Feet to Four Feet for a Message
Center Sign
4214 Kemp Boulevard
Mr. Odom explained that this replacement sign is proposed to be a 32 sq. ft. message
center sign. If it were being submitted as a new sign, it would be required to be set
back 25 feet from the front property line; the previous sign it replaces is considered to
be a legal nonconforming use.
BOARD OF ADJUSTMENT • PAGE 1
2
Qualifying Criteria:
a. The lot is mostly covered with parking or drive areas. Many of the signs along
Kemp were erected prior to the adoption of the Sign Ordinance.
b. The existing site was established pre -zoning and was developed under less
restrictive regulations.
c. Strict enforcement of the Zoning Ordinance would create more of a negative
impact than allowing the sign to locate within four (4) feet of the property line
because an offset sign would not be atheistically appealing. A stand-alone
sign could create a negative impact by contributing to sign clutter along
Kemp.
d. Staff feels that granting the variance would create less of a negative impact
than a stand-alone sign or an offset message center on the existing sign.
Mr. Latham made a motion to approve the Qualifying Criteria; Mr. Garcia seconded.
The vote was unanimous in favor of approving the Qualifying Criteria.
Evaluation Criteria:
Mr. Odom reviewed the Evaluation Criteria with the Board. The recommendation by
staff was approval of the sign within four (4) feet of the property line instead of the
required 10 feet.
Nineteen (19) surrounding property owners were notified of this request. No (0)
responses were received.
Chairman Seipel asked if an ordinance could be written to allow this situation to occur in
the future. Mr. Odom stated that if a non -message center sign, a straight panel, were to
be installed, it would not require a variance. This sign was built pre -zoning and is now
considered non -conforming; most changes would require a variance.
Mr. Robert Benson of Patriot Signs, applicant, reviewed the sign parameters with the
Board.
Mr. Lilley made a motion to approve the Evaluation Criteria; Mr. Latham seconded. The
vote was unanimous in favor of approving the variance.
IV. Adjourn
The meeting adjourned at 1:45 p.m.
Les Seipel, Chairman
Date
BOARD OF ADJUSTMENT • PAGE 2
3