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HomeMy WebLinkAbout10-2-97 BA MinutesBOARD OF ADJUSTMENT October 2, 1997 City Council Chambers A meeting of the Board of Adjustment was held on October 2, 1997 with the following members present: Board Member Bob Harris Board Member Dohn LaBiche Board Member Mary Jowers Board Member Chuck Mason Board Member Glenn Bodwin Board Member Alvin Cook Board Member Lamar Roach Board Member Joe Ashy Also present: Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Mason made a motion to approve the minutes of the September 4, 1997 Board of Adjustment Public Hearing. Board Member LaBiche seconded the motion. Motion to approve carried 7:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 401-BA: A request for a variance regarding the setback and square foot area for a proposed owner identification sign in an RS (Residential Single Family Dwelling) District. Location: Church - 1350 N. 23rd Street (Sign - 3800 block of Gladys Ave.) Applicant: St. Andrew's Presbyterian Church Mr. Duren told the Board that the request was for variances of the setback requirement and of the maximum allowable square footage of the proposed sign at 1350 23rd Street for St. Andrew's Presbyterian Church. He said that this case was first considered at the last meeting on September 4th, when final action was postponed until today. BOARD OF ADJUSTMENT October 2, 1997 St. Andrew's Presbyterian wishes to build a new sign along its Gladys Avenue frontage. As stated by the church, the new sign at the proposed location would allow for better identification of the church by passing motorists. The setback request is from the required 25 feet to 0 feet. The request from the maximum allowable size is from 20 square feet to 55 square feet. Mr. Duren said that the sign ordinance doesn't really address monument signs. In 1981, the new zoning ordinance was adopted that required churches and schools to go through public hearings before they could be built in residential zones. Most of the churches in this general area were all in existence prior to 1981. Most of the signage at these older churches was not restricted or regulated in any way before 1981, when sign regulations were adopted in the Zoning Ordinance. Discussion between board members and Mr. Duren followed regarding property lines, other church signs in the area and types of signs. Forty-two notices were mailed to property owners within 200 feet of the subject property. One response in favor and three in opposition were returned. Staff feels that conditions A, B and C have been met. However, staff would like to suggest if the Board wishes to consider a 10'setback for the sign instead of the O'setback, that that might be an appropriate recommendation. Staff still feels that at that location the sign would still be visible. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Harland Merriam, Pastor of St. Andrew's, the applicant, addressed the Board. Reverend Merriam said that he had met with the neighbors and although there are still some disagreements over the sign, they had appreciated the opportunity to meet with them, Mr. Merriam said they had redrawn the sign, and it now has a larger identification portion than it originally had. They are still asking for a changeable letter type sign to allow for messages. Board Member Ashy clarified with Mr. Merriam that the request is basically the same as it was originally. (Board Member Jowers arrived.) Mr. Duren said that there are some signs that are exempt from permitting. In the sign ordinance, it states that warning signs, security and traffic directional signs less than eight square feet in area and four feet in height are exempt. Discussion between staff and board members regarding signage followed. �A BOARD OF ADJUSTMENT October 2,1997 Board Member LaBiche announced that he would not be voting due to a conflict of interest. Board Member Ashy asked Mr. Merriam to go over the lighting for the sign. Mr. Merriam said that lighting would be from an exterior light on the ground shining onto the sign, Board Member Harris, acting as chairman, asked for comments in favor. Judy Bennett, 1225 Sandwood, addressed the Board in favor of the request. She added that she is not a member of St, Andrew's Church but of Trinity Methodist Church. Mrs, Bennett said that her back gate faces Gladys and she believes that she is the closest neighbor to the proposed sign and would be most affected. Board Member Cook added that after a visual inspection of the site at night, he does not feel that the lighting would disturb the neighbors. Pat Bearly, elder at St. Andrew's Church, spoke to the Board in favor of the request. She gave some information on the types of messages and announcements that would appear on the sign. Board Member Harris asked for comments in opposition. Ed Orr, 3830 Evalon, spoke in opposition to the proposed sign. Board Member Ashy clarified that Mr. Orr did meet with St. Andrew's Church to have some input on the proposal as requested by the Board at the last meeting and stated in those minutes. Board Member Harris closed the public hearing. Discussion between board members followed. Board Member Roach asked for Mr. Duren to read the responses received in opposition. Board Member Cook made a motion to approve the request for a variance to the setback requirement from 25' to Yand to the area requirement from 20' to 55' as requested in File 40 1 - BA. Board Member Mason seconded the motion. Motion to approve carried 6: 1: 1 (abstention). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 3