Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES APRIL 13, 2006 The Board of Zoning Appeals met on Thursday, April 13, 2006, at 5:15 p.m. in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Larry Burgess, Tracy Cody, Kay Detwiler, Jane Flatt, and Sid Gilbreath. STAFF PRESENT: James Mills, Jayne Barns, Jim Shipley, and Mike O’Mara. OTHERS PRESENT: See attached record of attendance. NOTE: A court reporter was present and made a detailed record of the proceedings. CONSIDER FOR APPROVAL THE MINUTES OF MARCH 9, 2006. Tracy Cody made the motion to approve the minutes of March 9, 2006. Sid Gilbreath seconded the motion and the motion carried unanimously. APPROVED. Jane Flatt announced that she would have to abstain from voting on Action Item #9 due to a business contract with J. D. Parks. (Note: Ms. Flatt will not be considered present during the discussion or voting of this item.) Larry Burgess stated that he would have to abstain from voting on Action Items #2-13 because he has a business partnership with Dave Roland and he also rents space with Lamar Advertising. (Note: Mr. Burgess will not be considered present during the discussion or voting of these items.) Kay Detwiler disclosed that her son was an employee of Lamar Advertising and that she had no financial interest in that Company. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, TO REVIEW DENIAL OF SECOND OFF-PREMISE SIGN ON THE PROPERTY LOCATED AT 401 EAST 10TH STREET. REQUEST SUBMITTED BY DAVID DAY ON BEHALF OF LAMAR ADVERTISING. James Mills stated that Lamar Advertising, LLC has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for a second off-premise sign on property owned by Houston Boyd located at 401 East 10th Street. Specifically Lamar Advertising is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of a second off-premise sign. The property located at 401 East 10th Street is zoned as CL, Local Commercial. Off-premise signs are not permitted in the CL zoning district. Further the issuance of a permit for an off- premise sign, without the removal of an existing off-premise sign, would violate provisions of the Zoning Code regarding the maximum number of off-premise signs. An off-premise sign, owned by Lamar Advertising, is currently located on the subject property. The existing off-premise sign is classified as a legal nonconforming sign and has BOARD OF ZONING APPEALS 2 APRIL 13, 2006 certain protections under Tennessee Code (TCA) Section 13-7-208. A permit (Permit No. 2006-1) was issued by the Planning Department to Lamar on February 2, 2006 for the purpose of enlarging the existing nonconforming sign. Lamar claims that under TCA 13-7-208 because Mr. Boyd has an existing nonconforming off-premise sign located on his property he has the right to construct additional off-premise signs on his property. In their application Lamar presents in support of their position TCA 13-7-208 (c) with emphasis on the words “construct additional facilities”. Section 13-7-208 restricts the right to construct additional facilities to those which involve an actual continuance and expansion of the activities of the industry or business which were permitted and being conducted prior to the change in zoning. The location of a second billboard on Mr. Boyd’s property has never been permitted by the City of Cookeville. To agree with the position of Lamar would mean that there would be no restriction on the number of off-premise signs that could be located on any property where an existing nonconforming sign is currently located. Staff recommended denial of the request. There was a discussion by David Day, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Tracy Cody seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath— aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY BILL HALL AND LOCATED AT 1191 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by Bill Hall located at 1191 South Jefferson Avenue. Specifically, East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off- premise sign. On September 2, 2004 East West Media requested a permit for an off-premise sign for 1191 South Jefferson Avenue. The application was substantially incomplete when filed and the Planning Department could not issue a permit. The decision not to issue a permit was not appealed to the BZA in 2004. On the evening of September 2, 2004 the City Council enacted a moratorium on the issuance of permits for off-premise signs. The moratorium was in place until certain amendments to the General Sign Regulations were adopted. The amendments included the establishment of a maximum number of billboards allowed BOARD OF ZONING APPEALS 3 APRIL 13, 2006 within the corporate limits of the city, with the maximum being those existing, or having received a valid sign permit as of September 2, 2004. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including a new application for 1191 South Jefferson Avenue. Since the issuance of a permit for an off- premise sign, without the removal of an existing off-premise sign, would violate provisions of the Zoning Code the application request was rejected. East West Media claims that because Mr. Hall had leased his property for the purpose of the location of an off-premise sign prior to the amendment to the Zoning Code establishing a maximum number of off-premise signs, he has a vested right under TCA 13-7-208 to erect an off-premise sign on his property. TCA 13-7-208 specifies that industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning have certain rights. There was no off-premise sign in operation or permitted to operate at 1191 South Jefferson Avenue prior to the Zoning Code amendment. Staff recommended denial of the request. There was a lengthy discussion by Jon Jones, Mike O’Mara, David Day, James Mills and the Board concerning the issues that were presented. A primary issue was an assertion made by East West Media that the City sign inspector on September 2, 2004 had improperly requested that a modified affidavit of responsibility for compliance be signed as a condition of issuing a permit. Mike O’Mara added that this item was not appealed within the 30 days. The Board discussed postponing this item in order to obtain further information concerning this issue. Sid Gilbreath made the motion to postpone until May 11, 2006. Tracy Cody seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. POSTPONED UNTIL MAY 11, 2006. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY CLYDE RANDOLPH AND LOCATED AT 4720 SOUTH JEFFERSON AVENUE. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by Clyde Randolph located at 4720 South Jefferson Avenue. It is indicated in the petition that Southland Partnership has purchased an easement on Mr. Randolph’s property. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off-premise sign. BOARD OF ZONING APPEALS 4 APRIL 13, 2006 On June 14, 2004 the Planning Department issued Permit No. 797 for the erection of an off- premise sign at 4720 South Jefferson Avenue. The permit was issued for a sign with a display surface area of 300 square feet and 50 feet in height. On July 16, 2004 Clyde Randolph and Southland Partnership filed a request for variance to increase the size of the sign’s display surface area to 774 square feet and to increase the height of the sign to 75 feet. At the August 14, 2004 meeting of the BZA Mr. David Roland of Southland Partnership requested that the request be withdrawn and the withdrawal request was approved by the BZA. The off-premise sign approved for construction under Permit No. 797 was not erected within the eighteen (18) month period specified in the Zoning Code for the completion of the work authorized by a permit. The Planning Department notified East West Media that a new permit would be required if the permit expired prior to the erection of an off-premise sign at 4720 South Jefferson Avenue. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including a new application for 4720 South Jefferson Avenue. The new application was for a sign with a display surface area of 774 square feet and a height 89.5 feet. On February 20, 2006 the Planning Department received an email from East West Media requesting that the permits submitted to Mr. Shipley on February 17, 2006 be reviewed by February 21, 2006. On the morning of February 21, 2006 the Planning Department was notified that East West Media had initiated construction of an off-premise sign at 4720 South Jefferson Avenue. A Stop Work Order was subsequently issued by the City on the basis that the work has been initiated without a valid sign permit. On February 21, 2006 the Planning Department notified East West Media via regular and certified mail that its permit application request submitted on February 17, 2006 had been rejected. The application request was rejected because the proposed sign would exceed the maximum display square footage and maximum height requirements of the Zoning Code. East West Media in the attachment to its request refers to sections of the Zoning Code deleted by Ordinance No. O05-06-09 adopted in August of 2005. Not only do these provisions no longer exist they are erroneously interpreted. The maximum display area of 300 square feet and maximum height of 50 feet were the requirements of the Zoning Code prior to and following the adoption of Ordinance No. O05-06-09. While there is no assertion of rights under TCA 13-7-208 in the request for administrative review, East West Media appears to make such a claim in its application request submitted on February 16, 2006. The location of 4720 South Jefferson Avenue is a legal conforming location and the permit issued for this location on June 14, 2004 (Permit No. 797) was for an off-premise sign complying with all requirements of the Zoning Code. Additionally, since no off-premise sign was ever constructed at this location there is no right to expand under TCA 13-7-208. East West Media also claims in its application request that the City’s denial of its application for an off-premise sign permit was discriminatory and constituted selective enforcement. East West Media sites as evidence the condition of an off-premise sign erected by Lamar BOARD OF ZONING APPEALS 5 APRIL 13, 2006 Advertising at 1080 Willow Industrial Court under Permit No. 790. East West Media had previously notified the Planning Department that it believed the sign exceeded the maximum display requirement. Permit No. 790 was issued in compliance with the provision of the Zoning Code for an off-premise sign with a display area of 300 square feet. An inspection of the sign was completed by the Sign Inspector and he determined that the display area was at 300 square feet or less. In its appeal East West Media asserts again that the sign exceeds 300 square feet. The Planning Department notified Lamar Advertising that if the display area of the off-premise sign at 1080 Willow Industrial Court was larger than 300 square feet it must be brought into compliance. Lamar Advertising has corrected the violation. As to the other four claims of violations the City of Cookeville Building Code does not regulate these matters and the City does not inspect for these items for any sign or any other structure erected in the city. The example cited as the basis for East West Media’s claim of discrimination and selective enforcement is erroneous. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Kay Detwiler made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Sid Gilbreath seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY HERMAN BEAN AND LOCATED AT 310 DUBOIS. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by Herman Bean located at 310 Dubois Road. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including a new application for 310 Dubois Road. Since the issuance of a permit for an off-premise sign, without the removal of an existing off-premise sign, would violate provisions of the Zoning Code the application request was rejected. In addition the application request submitted on February 17, 2006 was substantially incomplete. East West Media claims that because Mr. Bean had leased his property for the purpose of the location of an off-premise sign prior to the amendment to the Zoning Code establishing a maximum number of off-premise signs, he has a vested right under TCA 13-7-208 to erect an off-premise sign on his property. The lease is dated after the establishment by the Cookeville City Council on September 2, 2004 of a moratorium on the issuance of permits for off- premise signs. TCA 13-7-208 specifies that industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions BOARD OF ZONING APPEALS 6 APRIL 13, 2006 thereto in effect immediately preceding a change in zoning have certain rights. There was no off-premise sign in operation or permitted to operate at 310 Dubois Road prior to the amendment of the Zoning Code. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Kay Detwiler seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE COOKEVILLE MALL PROPERTY LOCATED ON NW CORNER OF NEAL STREET (400 DUBOIS). REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media and Herman Bean have submitted a request for an administrative review of a decision made by the Planning Department to deny an application for the expansion of an alleged nonconforming off-premise sign on property owned by Retail Partners, LLC located at 400 Dubois Road. Mr. Bean has a sign easement on the Retail Partners, LLC property. Specifically East West Media and Mr. Bean are requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the expansion of the alleged nonconforming off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including an application for the enlargement of an alleged nonconforming sign at 400 Dubois Road (Dairy Queen directional sign on Neal Street). The application request was rejected because the sign alleged by East West Media as a legal nonconforming sign is not a legal nonconforming sign but rather it is an illegal sign. East West Media asserts in its application the Dairy Queen directional sign located at the northwest corner of the Cookeville Mall property is a non-conforming off-premise sign and as such can be expanded under TCA Section13-7-208. TCA Section 13-7-208 (c) provides that “industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the industry or business which were permitted and being conducted prior to the change in zoning; …”. No evidence was submitted that the sign was permitted to operate under the zoning regulations in existence at the time sign was erected. If the sign was erected at the time indicated in the materials submitted East West Media (circa 1990) it would in fact be an illegal sign and not a nonconforming sign. No evidence was submitted that Mr. Bean was in the business of leasing the property within his sign easement for the purpose of locating an off-premise sign. No evidence was submitted that the sign easement has been used for anything other than a directional sign for Dairy BOARD OF ZONING APPEALS 7 APRIL 13, 2006 Queen. Further, no evidence was submitted that the owners of the property where the sign easement for the Dairy Queen directional sign is located (Retail Partners, LLC) were ever in the business of the leasing their property as a billboard location. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Tracy Cody seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath— aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY JWC REAL ESTATE AND LOCATED AT 1310 EAST SPRING STREET. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by JWC Real Estate (Michael Joe Wilmoth) located at 1310 East Spring Street. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including an application for 1310 East Spring Street. Since the issuance of a permit for an off-premise sign, without the removal of an existing off-premise sign, would violate provisions of the Zoning Code the application request was rejected. In addition the application request submitted on February 17, 2006 was substantially incomplete. East West Media claims that because Mr. Wilmoth had leased his property for the purpose of the location of an off-premise sign prior to the amendment to the Zoning Code establishing a maximum number of off-premise signs, he has a vested right under TCA 13-7-208 to erect an off-premise sign on his property. The lease is dated after the establishment by the Cookeville City Council on September 2, 2004 of a moratorium on the issuance of permits for off- premise signs. TCA 13-7-208 specifies that industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning have certain rights. There was no off-premise sign in operation or permitted to operate at 1310 East Spring Street prior to amendment to the Zoning Code. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. BOARD OF ZONING APPEALS 8 APRIL 13, 2006 Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Kay Detwiler seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY MCCORMICK FARMS L.P. AND LOCATED AT 1943 EAST SPRING STREET. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by McCormick Farms, L.P. (Lisa McCormick) located at 1943 East Spring Street. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including a new application for 1943 East Spring Street. Since the issuance of a permit for an off-premise sign, without the removal of an existing off-premise sign, would violate provisions of the Zoning Code the application request was rejected. In addition the application request submitted on February 17, 2006 was substantially incomplete. East West Media claims that because Ms. McCormick had leased her property for the purpose of the location of an off-premise sign prior to the amendment to the Zoning Code establishing a maximum number of off-premise signs, she has a vested right under TCA 13- 7-208 to erect an off-premise sign on her property. The lease is dated after the establishment by the Cookeville City Council on September 2, 2004 of a moratorium on the issuance of permits for off-premise signs. TCA 13-7-208 specifies that industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning have certain rights. There was no off-premise sign in operation or permitted to operate at 1943 East Spring Street prior to amendment to the Zoning Code. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Kay Detwiler seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY J. D. PARKS AND LOCATED ON A UNNAMED STREET NEAR THE FAIRGROUNDS (210 ROTARY CENTENNIAL DRIVE). REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. BOARD OF ZONING APPEALS 9 APRIL 13, 2006 James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by J. D. Parks located at 210 Rotary Centennial Drive. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including an application for Veterans Drive. Since the issuance of a permit for an off-premise sign, without the removal of an existing off-premise sign, would violate provisions of the Zoning Code. On March 20, 2006 East West Media submitted another request for an application for an off- premise sign on Mr. Parks property for a location just north of the location requested on February 17, 2006. The March 20, 2006 application request was rejected for the same reasons as the February 17, 2006 request. East West Media claims that because Mr. Parks had leased his property for the purpose of the location of an off-premise sign prior to the amendment to the Zoning Code establishing a maximum number of off-premise signs, he has a vested right under TCA 13-7-208 to erect an off-premise sign on his property. The lease is dated after the establishment by the Cookeville City Council on September 2, 2004 of a moratorium on the issuance of permits for off- premise signs. TCA 13-7-208 specifies that industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning have certain rights. There was no off-premise sign in operation or permitted to operate at 210 Rotary Centennial Drive prior to amendment to the Zoning Code. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Kay Detwiler made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Tracy seconded the motion. Votes: Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION FOR A NEW OFF-PREMISE SIGN ON THE PROPERTY OWNED BY PSC METALS AND LOCATED ON SOUTH WILLOW AVENUE (65 SOUTH WILLOW AVENUE). REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for the expansion of an alleged off-premise sign on property owned by PSC Metals (Southern Foundry of Cookeville, Inc.) located at 65 South Willow Avenue. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the expansion of the alleged off-premise sign. BOARD OF ZONING APPEALS 10 APRIL 13, 2006 On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including an application for the enlargement of an alleged nonconforming sign at 65 South Willow Avenue. The application request was rejected because the sign alleged by East West Media as a nonconforming off-premise sign is not an off-premise sign. The business conducted by PSC Metals is conducted on three (3) different but contiguous tax parcels, Parcels 9.02, 14.02, and 15.00 on Tax Map 53H, Group B. The sign is question is located on Parcel 14.02. Parcel 14.02 is utilized in the operation of the PSC Metals business not only as access but also for the storage of materials related to the business. If Parcel 14.02 is no longer utilized as a part of the PSC Metals business then it would be classified as an abandoned on-premise sign and should be removed under the provisions of the Zoning Code. East West Media also claims in its application request that the City’s denial of its application for an off-premise sign permit was discriminatory and constituted selective enforcement. East West Media sites as evidence the condition of an off-premise sign erected by Lamar Advertising at 1080 Willow Industrial Court under Permit No. 790. East West Media had previously notified the Planning Department that it believed the sign exceeded the maximum display requirement. Permit No. 790 was issued in compliance with the provision of the Zoning Code for an off-premise sign with a display area of 300 square feet. An inspection of the sign was completed by the Sign Inspector and he determined that the display area was at 300 square feet or less. In its appeal East West Media asserts again that the sign exceeds 300 square feet. The Planning Department notified Lamar Advertising that if the display area of the off-premise sign at 1080 Willow Industrial Court was larger than 300 square feet it must be brought into compliance. Lamar Advertising has corrected the violation. As to the other four claims of violations the City of Cookeville Building Code does not regulate these matters and the City does not inspect for these items for any sign or any other structure erected in the city. The example cited as the basis for East West Media’s claim of discrimination and selective enforcement is erroneous. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, David Day, James Mills and the Board concerning the issues that were presented. Kay Detwiler made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Sid Gilbreath seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION TO EXPAND AN EXISTING OFF-PREMISE SIGN ON THE PROPERTY OWNED BY DHS DEVELOPMENT/GREG HARRIS AND LOCATED AT 1220 DACCO DRIVE (1220 BROWN’S MILL ROAD). REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for the expansion of an BOARD OF ZONING APPEALS 11 APRIL 13, 2006 off-premise sign on property owned by DHS Development (Greg Harris) located at 1200 Dacco Drive. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the expansion of an off- premise sign. The off-premise sign located at 1200 Dacco Drive was erected under Permit No. 931 issued by the Planning Department on April 8, 2005. The permit was for an off-premise sign with a display area of less than 300 square feet and a height of less than 50 feet. All separation requirements were met and the sign was constructed as a legal conforming off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including an application to expand an off-premise sign at 1200 Dacco Drive. The new application was for a 288 square foot expansion of the existing display surface area and an increase in the height to 51.5 feet. On February 20, 2006 the Planning Department received an email from East West Media requesting that the permits submitted to Mr. Shipley on February 17, 2006 be reviewed by February 21, 2006. On the morning of February 21, 2006 the Planning Department was notified that East West Media had initiated the expansion of the off-premise sign at 1200 Dacco Drive. A Stop Work Order was subsequently issued by the City on the basis that the work had been initiated without a valid sign permit. On February 21, 2006 the Planning Department notified East West Media via regular and certified mail that its permit application request submitted on February 17, 2006 had been rejected. The application request was rejected because the off-premise sign proposed for expansion is a legal conforming sign and cannot be expanded under the provision of TCA 13-7-208. East West Media also claims in its application request that the City’s denial of its application for an off-premise sign permit was discriminatory and constituted selective enforcement. East West Media sites as evidence the condition of an off-premise sign erected by Lamar Advertising at 1080 Willow Industrial Court under Permit No. 790. East West Media had previously notified the Planning Department that it believed the sign exceeded the maximum display requirement. Permit No. 790 was issued in compliance with the provision of the Zoning Code for an off-premise sign with a display area of 300 square feet. An inspection of the sign was completed by the Sign Inspector and he determined that the display area was at 300 square feet or less. In its appeal East West Media asserts again that the sign exceeds 300 square feet. The Planning Department notified Lamar Advertising that if the display area of the off-premise sign at 1080 Willow Industrial Court was larger than 300 square feet it must be brought into compliance. Lamar Advertising has corrected the violation. As to the other four claims of violations the City of Cookeville Building Code does not regulate these matters and the City does not inspect for these items for any sign or any other structure erected in the city. The example cited as the basis for East West Media’s claim of discrimination and selective enforcement is erroneous. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, David Day, James Mills and the Board concerning the issues that were presented. BOARD OF ZONING APPEALS 12 APRIL 13, 2006 Tracy Cody made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Kay Detwiler seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath—aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DENIAL OF PERMIT APPLICATION TO EXPAND AN EXISTING OFF-PREMISE SIGN ON THE PROPERTY OWNED BY JOHN THOMAS AND LOCATED AT 2245 NORTH WASHINGTON AVENUE. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department to deny an application for an off-premise sign on property owned by John Thomas located at 2245 North Washington Avenue. Specifically East West Media is requesting that the Board reverse the decision of the Planning Department and order the issuance of a permit for the construction of an off-premise sign. On February 17, 2006 East West Media submitted to Mr. Jim Shipley, Cookeville City Manager, applications for off-premise sign permits for 16 locations, including an application to expand an off-premise sign at 2245 North Washington Avenue. The new application request was for a 226 square foot expansion of the existing display surface area to 300 square feet and an increase in the height to 50 feet. The application request included a reference to TCA 13-7-208. On February 20, 2006 the Planning Department received an email from East West Media requesting that the permits submitted to Mr. Shipley on February 17, 2006 be reviewed by February 21, 2006. On February 21, 2006 the Planning Department notified East West Media via regular and certified mail that his permit application request submitted on February 17, 2006 had been rejected. The application request was rejected because the off-premise sign proposed for expansion is a legal conforming sign and cannot be expanded under the provision of TCA 13-7-208. East West Media also claims in its application request that the City’s denial of its application for an off-premise sign permit was discriminatory and constituted selective enforcement. East West Media sites as evidence the condition of an off-premise sign erected by Lamar Advertising at 1080 Willow Industrial Court under Permit No. 790. East West Media had previously notified the Planning Department that it believed the sign exceeded the maximum display requirement. Permit No. 790 was issued in compliance with the provision of the Zoning Code for an off-premise sign with a display area of 300 square feet. An inspection of the sign was completed by the Sign Inspector and he determined that the display area was at 300 square feet or less. In its appeal East West Media asserts again that the sign exceeds 300 square feet. The Planning Department notified Lamar Advertising that if the display area of the off-premise sign at 1080 Willow Industrial Court was larger than 300 square feet it must be brought into compliance. Lamar Advertising has corrected the violation. As to the other four claims of violations the City of Cookeville Building Code does not regulate these matters and the City does not inspect for these items for any sign or any other structure erected in the city. The example cited as the basis for East West Media’s claim of discrimination and selective enforcement is erroneous. While East West Media’s claim that it has the right under 13-7-208 to expand the off-premise sign located at 2245 North Washington Avenue is erroneous because it is a legal conforming BOARD OF ZONING APPEALS 13 APRIL 13, 2006 sign, the subject sign may be expanded to the dimensions specified in the February 17, 2006 application request provided a complete application in compliance with the provisions of the Zoning Code is submitted. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, James Mills and the Board concerning the issues that were presented. Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Tracy Cody seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath— aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. CONSIDER A REQUEST FOR AN ADMINISTRATIVE REVIEW, CONCERNING DECISION OF BUILDING OFFICIAL THAT AN OFF-PREMISE SIGN ON THE PROPERTY OWNED BY SAM BROWN AND LOCATED AT 1580 SOUTH MAPLE AVENUE (1588 SOUTH MAPLE AVENUE) WAS ERECTED IN VIOLATION OF THE GENERAL SIGN REGULATIONS OF THE ZONING CODE. REQUEST SUBMITTED BY DAVID ROLAND OF EAST WEST MEDIA. James Mills stated that East West Media has submitted a request for an administrative review of a decision made by the Planning Department that an off-premise sign owned by East West Media located on property owned by Sam Brown at 1580 South Maple Avenue was constructed in violation of the Zoning Code. On June 16, 2004 Permit No. 772 was issued by the City of Cookeville for the construction of an off-premise sign at 1580 South Maple Avenue. In July of 2004 the Planning Department was notified that the off-premise sign erected at 1580 South Maple Avenue exceeded the maximum display area requirement of the Zoning Code and included side-by- side panels, which are prohibited by the Zoning Code. A review of Permit No. 772 indicated that the Sign Inspector had erred in the issuance of the permit for an off-premise sign with a display area of 504 square feet. There was no indication from East West Media at the time the permit was granted that it intended to install a sign with side-by-side panels. Section 233.3B of the Zoning Code provides that the issuance of a permit shall not be construed as waiving any provisions of the Zoning Code. Section 233.14B (3) of the Zoning Code provides that any permit may be revoked when it is determined that the permit was issued by mistake. On August 4, 2004 the Planning Department notified East West Media that the off- premise sign was in violation of the Zoning Code and requested that the violations be corrected within thirty (30) days. The violations were not corrected during the requested time period. Further action regarding the violations was delayed by City due to pending amendments to Zoning Code that may have affected status of the off-premise sign. Following the adoption of these amendments it was determined that the off-premise sign remained in violation and East West Media was notified by the Planning Department on March 3, 2006 that Permit No. 772 would be revoked if the violations were not corrected within ten (10) days. East West Media asserts that Permit No. 772 was properly issued and references Section 207.6Q of the General Sign Regulations of the Zoning Code as it existed at the time the BOARD OF ZONING APPEALS 14 APRIL 13, 2006 permit was issued. East West Media erroneously interpreted Section 207.6Q. Section 207.6Q allowed off-premise signs within a specified area on Interstate 40 and State Highway 111 to be spaced in accordance with Tennessee Department of Transportation (TDOT) requirements. Section 207.6Q specifically said that it was “for the location of such signs”. In all other respects off-premise signs along I-40 and Highway 111 were required to conform to the requirements of Section 207.6R. No permits, until Permit No. 772, have been issued by the City for a new off-premise sign with a display area exceeding 300 square feet since the 300 maximum display area requirement was adopted in 2000. East West Media also claims in its application request that the City’s denial of its application for an off-premise sign permit was discriminatory and constituted selective enforcement. East West Media sites as evidence the condition of an off-premise sign erected by Lamar Advertising at 1080 Willow Industrial Court under Permit No. 790. East West Media had previously notified the Planning Department that it believed the sign exceeded the maximum display requirement. Permit No. 790 was issued in compliance with the provision of the Zoning Code for an off-premise sign with a display area of 300 square feet. An inspection of the sign was completed by the Sign Inspector and he determined that the display area was at 300 square feet or less. In its appeal East West Media asserts again that the sign exceeds 300 square feet. The Planning Department notified Lamar Advertising that if the display area of the off-premise sign at 1080 Willow Industrial Court was larger than 300 square feet it must be brought into compliance. Lamar Advertising has corrected the violation. As to the other four claims of violations the City of Cookeville Building Code does not regulate these matters and the City does not inspect for these items for any sign or any other structure erected in the city. The example cited as the basis for East West Media’s claim of discrimination and selective enforcement is erroneous. Staff recommended denial of the request. There was a discussion by Jon Jones, Mike O’Mara, David Day, James Mills and the Board concerning the issues that were presented. Mike O’Mara added that East West Media did not appeal within 30 days. Sid Gilbreath made the motion to uphold the City’s decision to deny the Administrative Review Appeal. Tracy Cody seconded the motion. Votes: Jane Flatt—aye, Sid Gilbreath— aye, Tracy Cody—aye, Kay Detwiler—aye. Motion carried. DENIED. ADJOURNMENT: 8:35 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING _____________________________ ______________________________ JAYNE BARNS CPS JANE FLATT, CHAIRMAN PLANNING ASSISTANT BOARD OF ZONING APPEALS