Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES December 8, 2015 4:00 P.M. CALL TO ORDER: Mr. John Stetler, Chairperson called meeting to order at 4:00 P.M. ATTENDANCE: Members Present: Rick Barnes Carlyle Sims Deland Davis Becky Squires Samuel Gray John Stetler James Moreno Members Excused: None Staff Present: Marcel Stoetzel, City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Admin. Assistant, Planning Dept. ADDITIONS OR DELETIONS TO THE AGENDA: None CORRESPONDANCE: None OPENING COMMENTS: Mr. John Stetler, Chairperson stated the meeting procedure where everyone present may speak either for or against an appeal and that he will ask for a staff report to be read and then open the public hearing. At the public hearing, persons may come forward and state their name and address for the record as it is being recorded and then speak either for or against an appeal. The public hearing will then be closed and the zoning board will discuss and make a decision. Mr. Stetler stated if denied the petitioner may appeal to the Circuit Court. OLD BUSINESS: None NEW BUSINESS: A. Z-10-15 (47 N. Washington Avenue): Petition from Mr. William Phillips, President & CEO, 47 N. Washington Ave., request is for a variance to allow a sign to be located at a height exceeding the bottom edge of a 2nd story window for a property zoned “C-3 Intensive Business District”. Mr. Glenn Perian stated he would like to note a correction on the staff report to page 4, 2nd paragraph; where it states “Chapter 1231”; should have read Chapter 1296.31. Stated appeals # Z-06-15 is a request for a dimensional variance to allow signage to be located at the height exceeding the bottom edge of a second story window in a C-3 zoning district; noted the proposal is included in the meeting packet for what they are proposing for the signage and that due to the age and unique architectural features staff is recommending approval of this request. Said this building was built in 1900 and is located in the Old Advent Historic District and they will also be requesting approval from the Historic District Commission on next Monday, December 14, 2015 as it will need to be approved by both the 1 of 3  Zoning Board of Appeals December 8, 2015 Minutes Page 2 of 3 Zoning Board of Appeals and Historic District Commission before the sign permit will be approved. Stated staff is recommending approval for the reasons stated in the staff report. Mr. Bill Phillips, President & CEO was present to speak on behalf of Neighborhoods Incorporated requesting approval of placement of signage; said he tried to work with the consultants to find a different solution for their proposed new signage that would not compel them to seek a variance and was not successful. Stated they think the character of the building requires trying not to cover it by signage that they would have to put at a lower elevation to comply with the current ordinance. Said they think it is appropriate to allow them to place a sign at the location above the 2nd story window as it is a common location for more contemporary structures and is requesting approval from the zoning board. Mr. John Stetler asked if there was any further discussion, seeing none he would entertain a motion. MOTION WAS MADE BY MS. BECKY SQUIRES TO APPROVE APPEAL #Z-10-15 FOR AN VARIANCE TO ALLOW A SIGN TO BE LOCATED AT A HEIGHT EXCEEDING THE BOTTOM EDGE OF A 2ND STORY WINDOW FOR A PROPERTY THAT IS ZONED “C-3 INTENSIVE BUSINESS DISTRICT”, LOCATED AT 47 N. WASHINGTON AVENUE, CITING THE FINDINGS IN THE STAFF REPORT; SECONDED BY MR. CARLYLE SIMS. Discussion: Mr. James Moreno stated that he would be abstaining from vote as he works with Neighborhoods Incorporated through their Neighborhood Planning Council. MR. JOHN STETLER ASKED FOR ANY ADDITIONAL COMMENTS, SEEING NONE A VOTE WAS TAKEN; SIX IN FAVOR (BARNES, DAVIS, GRAY, SIMS, SQUIRES AND STETLER; ONE ABSTAINED (MORENO); NONE OPPOSED, MOTION APPROVED . Mr. John Stetler stated they had done a good job with the sign design and appreciates what neighborhoods Incorporated does for our community. APPROVAL OF MINUTES: Mr. John Stetler noted a correction of name on page 4 on last paragraph should read “Vern” Steffel in place of “Burt” Steffel. MOTION: WAS MADE BY MR. JAMES MORENO TO APPROVE THE NOVEMBER 10, 2015 ZONING BOARD OF APPEALS MINUTES WITH CORRECTION AS NOTED; SUPPORTED BY MR. SAMUEL GRAY. ALL IN FAVOR; NONE OPPOSED, MOTION CARRIED –MINUTES APPROVED. COMMENTS BY THE PUBLIC: None  Zoning Board of Appeals December 8, 2015 Minutes Page 3 of 3 COMMENTS BY THE MEMBERS / STAFF: Mr. Carlyle Sims thanked staff for providing the reports in a timely manner. ADJOURNMENT: Meeting was adjourned at 4:58 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department