HomeMy WebLinkAbout1990-07-02 Minutes•
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MINUTES OF THE BOARD OF SIGN APPEALS
A meeting of the Fayetteville Board of Sign Appeals was held on Monday, July 2.
1990, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT:
MOMS ABSENT:
OTHERS PRESENT:
MINUTES
Don Mills, Larry Tompkins, Dennis Becker, Robert Waldren,
Gerald Boyd, Robert Davis and Dee Wright
Robert Waldren
Becky Bryant, Elaine Cattaneo, Freeman Wood, Bill Mitchell,
Nancy Couch, Don Cobb and Bob Morris
The minutes of the June 18, 1990 meeting were approved as distributed.
APPEAL NO. SA90-6- VARIANCE FROM THE SIGN ORDINANCE
WALTON ARTS CENTER - E OF WEST AVE, S OF DICKSON ST
The first item on the agenda was Appeal No. SA90-6 submitted by Bill Mitchell
on behalf of the Walton Arts Center for property located on the east side of West
Avenue, south of Dickson Street and zoned C-3, Central Business Commercial.
Request was for a variance from the Sign Ordinance: Article 17, Section 17B-9.
Bill Mitchell, Walton Arts Center Project Director, stated that as part of their
ground breaking celebration, they obtained a temporary permit from the City to
mount some 4' x 8' plywood panels on the fence along West Avenue. This was for
a children's painting project as part of the festivities. The children produced
a series of eight environmental paintings with different themes. In addition
to those eight paintings, there is one 4' x 8' sign that credits the area
businesses who made the whole thing possible. Whimsicals Gallery actually
coordinated this effort on the Arts Center's behalf. Since there were more
than 200 children involved in the project, they would like to put the paintings
on public display and had selected the north side of the old warehouse building
on the corner of Spring Street and West Avenue for the purpose of doing that.
He noted that there is a site sketch with his application of the north wall of
that building showing how the paintings would be mounted.
In answer to a question from Mr. Tompkins, Mr. Mitchell stated that they wanted
to mount them during the construction stage to help beautify the site. It
would be for approximately eighteen months which is the life of construction
project itself. He noted that the building they plan to mount these on is the
housing for the general contractor.
In answer to a question from Mr. Boyd, Mr. Mitchell stated that this wall is
quite a distance from Dickson Street. Mr. Boyd noted that the construction
will be between Dickson Street and that building.
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July 2, 1990
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In answer to a question from Mr. Tompkins, Mr. Mitchell stated that they would
probably not be using the paintings when the site is completed. The life of the
paintings is probably not much more than twelve to eighteen months because of
the weather. In answer to a question from Mr. Tompkins stated, Mr. Mitchell
stated that Whimsicals Galley wouldn't have an alternative display option that
wouldn't have to come before the Board of Sign Appeals as a variance. They did
not indicate that they could display them inside their building.
Mr. Davis stated that the paintings wouldn't be very visible from Dickson gtreet
because of the distance.
In answer to a question from Mr. Tompkins, Mr. Mitchell stated that the whole
purpose would be to display the children's art. He stated that the building
on which the paintings would be displayed is scheduled to be renovated, so he
would expect that there would be exterior renovation as well as interior after
the Arts Center is complete. He noted that they did make a commitment to the
children to display the paintings, but didn't specify a location or a time
period.
Mr. Tompkins stated that this is a unique situation, but he is concerned about
placing signs on public property. It is a non-profit organization. He noted
that he is concerned about the deterioration of the paintings. Mr. Mitchell
stated that, if they became ratty, they would be removed so as not to detract.
He added that, when he discussed this with the staff, Becky Bryant suggested a
rotating arrangement. However, they don't have the staff to do that. He
advised, however, that they would consider that option and would consider
displaying them for a shorter term if the Board so desired.
Mr. Tompkins stated that it would be difficult to cut off part of the paintings
to bring them into conformance.
There being no one else wanting to speak to this, the public hearing was closed.
Mr. Becker stated that this is a unique situation. He suggested that they
consider granting the variance for six months on a review basis to keep an eye
on the condition of the signs.
Mrs. Wright stated that she agrees with the review suggestion.
Mr. Tompkins stated that this is a unique situation. By placing the signs on
public property, they would be establishing a policy. They would be stretching
the ordinance quite a bit by allowing this. He stated that he feels comfortable
with it because it doesn't detract. It would continue to market the Walton Arts
Center. He stated that he has no problems with granting this with the
conditions mentioned.
• Mr. Boyd stated that he isn't positive that these paintings would be signs. He
noted that he doesn't have a problem with this.
John Adams of 320 West Meadow stated that he can't believe that the City of
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Fayetteville would force someone to get a permit to put up a painting. He
stated that, in his opinion, they should be allowed to put up the paintings.
He added that he hopes the City of Fayetteville isn't in the business of
licensing art. He added that, if they are signs, they are political signs
because of the environmental aspect. Therefore, they would not be regulatory
under this ordinance except under certain circumstances. His concern was that
a precedence would be set with this.
Mr. Becker asked the staff for clarification on what qualifies these paintings
as signs. Freeman Wood, Inspections Superintendent, advised that the
paintings are clearly signs by the literal sign definition in the ordinance.
Becky Bryant advised that the ordinance states that any picture intended to he
used to attract attention or convey information when placed out-of-doors in view
of the general public is considered a sign. The staff feels that these
paintings will be used for both of those purposes.
Mr. Tompkins stated that their charge as members of the Board of Sign Appeals
is to enforce the spirit and intent of the ordinance. He added that Mr. Adams'
comments should be addressed to the City Board of Directors, who have the
authority to to modify or change the ordinance.
• Mrs. Wright stated that Mr. Adams' concerns would apply to the new ordinance that
is being drafted.
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MOTION
Commissioner Becker moved to accept the variance on a six-month review basis not
to exceed the construction period, seconded by Tompkins. The motion passed 5-
1-0 with Tompkins, Boyd, Wright, Becker & Mills voting "yes" and Davis voting
"no".
APPEAL NO SA90-7 - VARIANCE FROM THE SIGN ORDINANCE
RAZORBACK CLEANERS - W OF ROLLSTON, N OF DICKSON ST
The second item on the agenda was appeal No. SA90-7 requesting a variance from
the sign ordinance submitted by Nancy Couch on behalf of Razorback Cleaners for
property located west of Rollston, north of Dickson Street and zoned C-3, Central
Business Commercial.
Nancy Couch, representing Razorback Cleaners, stated that her client's sign was
built in 1969 but was never permitted. Last August, they contracted her company,
Northwest Arkansas Sign Shop, to replace the panels in this roof sign. She
noted that she thought they had a permit prior to that. She advised that, in
repairing the sign, they didn't change it except for putting the address on it.
The sign was placed on the roof when the building was built. It has a big iron
pipe that goes down through the brick wall on the inside. She stated that it
would take a lot of repairs on the building to remove this sign.
Chairman Mills advised the Board that roof signs are not allowed.
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Ms. Couch stated that the sign ordinance states that roof signs shall not he
permitted except on appeal to the Board of Sign Appeals. She noted that she
had told her client that, since the sign was there before the sign ordinance was
developed, he might be allowed to keep it.
Mr. Tompkins stated that, with this appeal, they are essentially involved in the
enforcement process. He stated that they haven't received a ruling from the City
Attorney on this enforcement situation as they requested.
In answer to a question from Chairman Mills, Ms. Bryant stated that there isn't
anything in the sign ordinance reflecting that, if a non -conforming sign is 50%
or more destroyed, it might be replaced.
Mr. Tompkins noted that, when the sign ordinance came into affect in 1970,
everyone was given a five-year period to bring all signs in the City into
conformance.
In answer to a question from Mrs. Wright, Mr. Wood stated that this sign is off
the beaten path, so the violation wasn't spotted earlier. It was discovered
during the staff's concentrated code enforcement process in which they are
reviewing every piece of property throughout the City to bring all signs into
conformance.
Ms. Couch stated that their wall sign isn't visible because of the location of
this business, so the roof sign is essential for their business to be visible
from Dickson Street.
In answer to a question from Mr. Boyd, Ms. Bryant stated that this particular
sign could be hung from the side of the building legally, if it doesn't stick
out more than eighteen inches.
The public hearing was closed.
Chairman Mills stated that the wall sign is visible from Dickson Street when
traveling from east to west, but it isn't visible when traveling from west to
east but neither is the roof sign.
Mrs. Wright asked who would pay for the expense and removal of that sign.
Chairman Mills stated that it would be the owner's expense.
Mr. Tompkins stated that this is a neighborhood type of business orientation and
they could put that roof sign on the wall. He noted that he is inclined to
disagree with the variance.
NOTION
• Mr. Boyd moved to deny this appeal, seconded by Davis. The motion passed 6-0-
0.
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APPEAL NO SA90-8 - VARIANCE FROM THE SIGN ORDINANCE
RAZORBACK EXXON - SE CORNER OF FUTRALL DR & W SIXTH ST
The third item on the agenda was appeal No. SA90-8 for a variance from the sign
ordinance submitted by Bob Morris on behalf of Razorback Exxon for property
located on the southeast corner of Futrall Drive and West Sixth Street and zoned
I-1, Light Industrial & Heavy Commercial.
Don Cobb of D -Sign Company, representing Bob Morris, stated that he was contacted
by a representative of Budget Tire, Mr. Threet, who owns the property. Mr.
Threet stated that he had contacted the City with a variety of types of signs
to see which one would be acceptable in place of their existing sign. From
their list, the sign in question was chosen by the City as the one that would
be allowed. He noted that there was some trouble locating the right-of-way
line. When he later checked into it, he was told that they would have to get
a surveyor to determine where the right-of-way line was. He then contacted the
State Highway Department to establish the right-of-way. R.C. Walker of the
State Highway Department did establish the line. He noted that the sign was
then moved over to the east side of the property and back to a 40' setback to
comply. However, when they applied for a permit, the staff stated that it
still wouldn't pass because of the high-rise sign. They explained that it would
constitute a violation based on the fact that there would be two free-standing
signs on the property.
In answer to a question from Mr. Tompkins, Mr. Cobb advised that they would be
taking down the existing sign and are wanting to put up a sign that would be
conforming in every respect except that there would be two free-standing signs.
In answer to a question from Mr. Boyd, Mr. Wood advised that, when the sign
ordinance was put into affect, there was not a limit on the number of signs in
the industrial district. This was discovered when a sign permit was obtained
for the high-rise sign, because they already had a free-standing sign along the
highway. But the ordinance did not limit it to one sign. The City issued
permits around 1979 to put up a legal high-rise signs there. After that time,
the Board amended the sign ordinance to only allow one free-standing sign in the
I district. Therefore, the high-rise sign is non -conforming now, because the
ordinance was amended.
Ms. Bryant stated that as to whether this high-rise sign could be ordered down
is the question they have presented to Jerry Rose, City Attorney.
Mr. Wood clarified that the variance is for two free-standing signs.
Mr. Cobb stated that he would be glad to get more information on this if they
want to postpone it.
Mr. Tompkins stated that he is interested in the measurements of the height of
the high-rise sign as to whether it is from the grade of the Bypass or the
service road.
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Chairman Mills stated that it was her understanding from the staff's report that
the high-rise wouldn't conform in any way. If this is not the case, then they
need more information.
Mr. Tompkins stated that he is interested in the number of signs they have on
the building. It seems that they have too many signs for the whole site.
Ms. Bryant stated that on the old sign permit, it states that it is a 50' high-
rise sign.
Mr. Wood stated that, according to their records, the high-rise sign has 143
square feet and was evidently issued off the controlled access highway which
allows up to 200 square feet. That would also explain the height, because the
controlled access highway measurement allows it to be higher. It is a legal
non -conforming sign.
Chairman Mills stated that, regarding the five-year amortization period, this
high-rise sign has probably amortized out.
Mr. Wood stated that, in his opinion, the amortization period applies to only
those signs at the date of the adoption of the ordinance. He doesn't think it
carries through to the ones that were put up legally by the ordinance.
Mr. Boyd clarified that, if the high-rise sign was removed, they would be allowed
to put up the other sign without an appeal. He added that they could allow this
variance with the condition that by the time the high-rise sign is twenty years
old, they have to get rid of one or the other.
In answer to a question from Chairman Mills, Mr. Cobb stated that they would not
want to remove their high-rise sign, unless they are forced to because it is
important for their price advertisement.
MOTION
Mr. Tompkins moved to deny this appeal, seconded by Davis and followed by
discussion.
Mr. Becker stated that he likes Mr. Boyd's proposal.
Ms. Bryant advised that the ordinance states that the Board may impose reasonable
conditions in granting a sign variance.
Mr. Boyd stated that the twenty-year time period is arbitrary and he would
hesitate to make a special proposal at this time.
Mr. Tompkins withdrew his motion and Mr. Davis withdrew his second.
Chairman Mills asked if they would like to consider tabling this for more
information. The other members agreed. Chairman Mills advised Mr. Cobb that
they are not promising that this will be approved after further consideration.
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MOTION
Mr. Boyd moved to table the appeal until the next meeting, seconded by Wright.
The motion passed 6-0-0.
Chairman Mills stated that she would like some advice on the enforcement of
removal of the sign in this situation. Ms. Bryant clarified that they want
information on their authority to remove legal non -conforming signs and
information on fair amortization periods.
Mr. Tompkins stated that he is interested in any letters of agreement OT
gentleman's agreement on the sign when that right-of-way was widened.
Mr. Becker stated that the other point is the highway bypass signs (blue
informational signs) that are currently in the works and how they might affect
the use of the high-rise sign.
OTHER BUSINESS
Item #1: Planning Commission meetings
Chairman Mills advised that she is willing to attend the Planning Commission
meetings until this fall when they could again begin a three-month rotation
system for all members. The members agreed with this.
There being no further business, the meeting was adjourned.
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