HomeMy WebLinkAbout5-5-94 BA MinutesBOARD OF ADJUSTMENT
May 5, 1994
City Council Chambers
A meeting of the Board of Adjustment was held on May 5, 1994 with the following members present:
Chairman Jayne Eisen
Board Member Dohn LaBiche
Board Member Bob Harris
Board Member Elray Wilson
Board Member Bruce Irvine
Board Member William Lucas
Board Member Kevin Fuller
Board Member Chuck Mason
Board Member Mary Jowers
Also present: Stephen C. Richardson, Planning Director; Murray Duren, Sr. Planner;
Bonnie Semien, Planning Technician; and Jill Manning, Recording Secretary.
APPROVAL OF MINUTES
Board Member Harris made a motion to approve the minutes of the February 3, 1994 Public
Hearing. Motion was seconded by Board Member LaBiche. Motion carried 8:0.
(Board Member Irvine arrived.)
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File #365-BA: Consider an application for a variance from the strict regulations of Section
30-28 (c) 3., regarding the required 10 ft. setback for an owner identification sign located in
a GC -MD (General Commercial Multiple Family Dwelling District); said variance may be
granted tinder Section 30-37 E.3.
Location: 2450 N. Eleventh Street
Applicant: Elizabeth D. Wiggins, DBA Beaumont Trophies
Chairman Eisen opened the public hearing.
BOARD OF ADJUSTMENT
May 5, 1994
Public Hearing
Mr. Richardson explained that the request was for a variance from City Code, Section 30-28
(c) 3. which requires a 10 foot setback for signs. The applicant wants to place her sign four
feet from the front property line.
Staff felt that the applicant has not shown that placing her sign within the required setback
will create a hardship due to sight distances or to exceptional physical conditions.
Staff recommended denial of the variance because the applicant has not shown that the
request is in the public interest, or that an unnecessary hardship exists because of some
physical aspect relating to the property, or that by granting a variance, substantial justice will
be. done.
Fourteen notices were sent to property owners within 200 feet of the subject property. One
response in favor and none in opposition were returned.
Chairman Eisen asked if the applicant wanted to comment.
Mrs. Elizabeth Wiggins, the applicant, addressed the Board.
Board Member Fuller asked Mrs. Wiggins about the photographs she referred to in her letter
to the Board.
Mr. Richardson distributed the photographs to the Board.
Discussion of sign placement followed. Suggestions were also made to Mrs. Wiggins on how
she could comply with the ordinance and still have her sign in a desirable location.
Chairman Eisen closed the public hearing.
Board Member Lucas had questions regarding grandfathering of signs and non -conforming
signs.
Board Member Fuller asked staff to clarify Conditions A, C & B.
Board Member Fuller made a motion to approve the variance as stated in File #365-BA.
Board Member Lucas seconded the motion. Motion to approve failed 4:3. (Board Member
LaBiche abstained and Chairman Eisen did not vote.)
TIBRE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
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