HomeMy WebLinkAbout1992-03-02 MinutesMINUTES OF THE BOARD OF SIGN APPEALS
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vrnc'�a� /9-q&?A meeting of the Fayetteville Board of Sign Appeals was held on Monday, March a;
1992, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: Gerald Boyd, Dennis Becker, Don Mills, Robert Davis, Larry
Tompkins, and Marion Orton
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MEMBERS ABSENT: Lonnie Meadows
OTHERS PRESENT: Alett Little, Bill Mitchell, Bob Kelly, Sonja Decker, Joe
Howell, Billie Starr, members of the press and others
PROTOCOL
Mr. Larry Tompkins called the meeting to order and explained it was the purpose
of the Board to hear any sign related appeals where regulations may be
unreasonable or cause practical difficulties unique to the situation and to grant
variances where it was reasonable and consistent with city policy to protect the
public investment in streets, promote safety, and preserve natural beauty.
REQUEST FOR VARIANCE FROM SIGN ORDINANCE - SA92-3
WALTON ARTS CENTER - 495 WEST DICKSON ST.
The only appeal for
for the Walton Arts
zoned C-3, Central
the meeting was Appeal No. SA92-3 presented by Bill Mitchell
Center, located at 495 West Dickson Street. The property is
Business Commercial.
Ms. Little explained the variance request was for a variance from the sign
ordinance to permit two bulletin boards. She reminded the Board that the sign
regulations require a 15 foot setback and that the maximum size for a bulletin
board should not exceed 10 square feet. She stated Walton Arts Center was
requesting a variance for both the size of the signs and the setback.
Ms. Little explained the signs were called standard three -sheet bulletin boards
and the displays that would be used on the bulletin boards were standard theatric
posters. She stated the Center would need a size variance of 12.22 square feet.
She further stated Center personnel had requested two such signs to be located
on West Street and two signs on Dickson Street. She pointed out the locations
of all signs. She further explained that, due to the size of the signs, the
setback requirement would be 16.5 feet. She stated that from the property line
to the building was 15 feet but they were requesting to set the signs in 5 feet
from the right-of-way, leaving approximately 10 feet between the sign and the
building.
Ms. Little recommended approval of the requested variances. She explained that
support for the size requested was evident in the "standard" size poster releases
for theatrical productions.
Mr. Bill Mitchell, Executive Director of the Arts Center, appeared before the
Board and explained that in the planning for the Walton Arts Center the issue of
letting the public know what was happening within the building had been carefully
considered. He further explained their problem was how to encourage the public
to use the building (by letting them know what was happening within the building)
and, at the same time, how to be respectful of the city sign ordinance. He
explained some of the other options were a large, triangular backlit marquee
which would project out from the building or to have backlit marquees on both
sides of the entrance porticos (both on West Avenue and Dickson Street). He
explained they had decided those types of signs were contributors to light
pollution and were not aesthetically in keeping with the intent of the sign
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Board of Sign Appeals
March 2, 1992
Page 2
ordinance. He further explained the three -sheet bulletin board appeared to meet
the needs of the Arts Center. He pointed out the features of the signs.
Mr. Mitchell stated the placement of the signs had been treated as though they
were part of the landscaping of the Center and they had also taken into
consideration access by the handicapped. He also pointed out the signs would be
13 1/2 feet from the traffic line on both West Avenue and Dickson Streets.
In response to a question from the Board, Mr. Mitchell explained the signs had
soft strips of lighting on the inside of the sign.
Ms. Orton asked if the theatrical productions sent the posters to the Center
prior to their performances.
Mr. Mitchell stated the theatrical companies did sent the posters but for those
performances without posters, they had included the magnetic strips on which to
place lettering.
The Board questioned handicap access to the building and Mr. Mitchell pointed out
those area providing such access.
Mr. Tompkins pointed out the area requested for the signage was public property.
He also questioned why four signs would be needed.
Mr. Mitchell explained four signs would provide eight bulletin boards, which
would be kept busy all of the time. He stated they were expecting to do 365
events in the building between the opening on April 24 and the end of June, 1993.
He expressed his belief that eight surfaces to let the public know what events
were taking place were not too many. He pointed out there were 14 such boards
(with 28 surfaces) around the Tennessee Performing Arts Center but believed eight
was a good starting point for the Walton Arts Center.
Mr. Tompkins stated only one free-standing sign was permitted by ordinance. He
further stated these signs were free-standing bulletin boards. He asked if the
Board had looked at pedestrian hazards such as object hazards, stability hazards,
or clearance hazards.
Mr. Joe Howell, the architect for the Walton Arts Center, pointed out the tree
planting areas and explained they wanted to keep the landscape features but also
did not want to block the view of the signs. He further explained they had
determined the sites for the signs were the best available in order to not block
the sidewalk and be readily viewable.
Mr. Tompkins expressed his opinion that the signs were not aesthetically
pleasing. He further stated he was interested in the safety aspects of the
signs.
Mr. Kelly stated the sidewalks at the Art Center were much wider than the normal
sidewalks.
Mr. Davis raised the question of liability should someone be injured.
Mr. Tompkins stated he would assume it would be a public liability.
Ms. Mills discussed whether the signs requested were "bulletin board" signs. She
explained that a bulletin board applied to a charitable, educational, religious
or public body per page 70 of the code. She stated she did not believe those
characteristics applied to the Walton Arts Center.
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Board of Sign Appeals
March 2, 1992
Page 3
Me. Starr stated most of the Walton Arts Center programs would be educational.
Mr. Mitchell stated the Arts Center was classified as a 501C3 Educational,
Charitable Institution. He explained it was a non-profit organization.
Board members then discussed whether the signs were "bulletin boards" or should
be classified as free-standing signs.
Mr. Tompkins stated the Board agreed that the request was for on-site signs and
also that the signs were free-standing.
Walton Arts personnel pointed out that the City had not had an enterprise such
as the arts center and staff had not considered signs such as three -sheets when
the sign ordinance had been drawn up.
Mr. Becker suggested flexibility of the sign ordinance since there would be only
one arts center. He pointed out it appeared the arts center was trying to handle
the signs in scale, kiosk -like. He explained this was done in Europe with a
pedestrian -orientated society. He stated he believed the approach was in scale,
a very slow car movement concept, a pedestrian walking concept. He further
stated if the point of the ordinance was to promote reasonable, orderly and
effective display of signs, he believed these signs met those criteria. He asked
the Board not to limit good design when good design was presented because of the
technicality of the ordinance.
Mr. Boyd stated he believed the 10 foot size of the sign was arbitrary. He
explained that some signs that were 32 feet were that size because a sheet of
plywood was 4 feet by 8 feet. He further stated he believed that, if the Board
approved this request, they should approve the four signs requested.
Ms. Mills expressed concern that there had not been a request for a number of
signs.
Me. Orton stated she believed this was a special situation because this was the
only art center. She further stated the signs had been included in the design
of the landscaping. She reminded the Board they had recently considered a
similar appeal by the North Hills Medical Park.
Ms. Mills asked if this would be limited just to the Arts Center or would it
apply to other businesses that started having entertainment.
Ms. Orton stated they were just looking at the Arts Center. She expressed her
belief that each situation would need to be reviewed individually.
Mr. Boyd pointed out other businesses would not meet the same criteria as the
Arts Center.
Mr. Tompkins stated he did not understand why uniqueness of the development was
important. He stated the ordinance considered aesthetics and urban design. He
further stated he believed that a entity representing public ownership should be
the first to adhere to its own rules and regulations.
Ms. Starr expressed her believe that the bulletin board signs would assist the
general public by telling them what was going on in the Arts Center and interest
the general public in participating in the arts.
Mr. Boyd stated if this was a standard size sign it would be ridiculous to
require a different size. He further stated that as far as the signs being six
feet from the right-of-way, he could see the logic in the placement of the signs.
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Board of Sign Appeals
March 2, 1992
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He explained that, if the signs were 25 feet from the curb, it would be dangerous
for people to try to read the signs as they drove by. He expressed his approval
of the suggested signage.
Mr. Davis stated the application was for two separate variances. He stated he
did not know how many signs the Arts Center had paid for because when he read the
staff report he had believed there were two signs but now found there were four
double backed signs, making eight signs.
Mr. Boyd pointed out there was not a permit
there would be no fee required.
Mr. Becker suggested changing the location
zone area.
Walton Arts Center staff agreed that would be suitable.
MOTION
required for bulletin board signs so
of some of the signs to the loading
Mr. Boyd moved to approve not more than four bulletin board signs as requested
in the application.
Ms. Orton seconded the motion.
Mr. Tompkins stated the request related to setback requirements and size of the
signs. He explained that, if they wanted to put a condition such as number of
signs, they would have to do so in relation to either the setback requirements
or the size of the signs.
MOTION
Mr. Boyd moved to approve the two variances for a total of not more than four
bulletin boards.
Ms. Orton seconded the motion.
The motion failed with Ms. Orton, Mr. Boyd, and
Tompkins, Ms. Mills, and Mr. Davis voting "no".
Mr. Tompkins explained the Walton Arts Center
Appeals decision to the Board of Directors.
Mr. Davis complained that the application for the variance
number of signs they were requesting variances upon.
Mr. Becker voting "yes" and Mr.
could appeal the Board of Sign
COMMITTEE REPORTS
did not show the
Ms. Orton informed the Board she had contacted the former City Attorney, Jim
McCord, since he was extremely knowledgeable regarding the sign ordinance. She
explained that, after she had requested information regarding deletion of off-
site signs from the ordinance, Mr. McCord told her it was a policy decision.
Mr. Boyd recommended that Section 158.47(C)(2) be amended as follows: delete
existing paragraph (2) and replace with "off-site free-standing signs shall be
prohibited."
Ms. Orton further stated any references to off-site signage also would be
deleted.
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Board of Sign Appeals
March 2, 1992
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Mr. Boyd pointed out they could
Ms. Orton pointed out the change
since the Highway Department was
need for the off-site signs.
also just delete Section 158.43.
would eliminate interpretation of the code and,
providing highway signage, there was no further
Mr. Boyd stated they also needed to delete 158.47(F).
Mr. Tompkins complimented the Committee and recommended Ms. Orton, as chairperson
of the committee, take the Board's comments to Ms. Little, Planning Director.
He explained Ms. Little would then look at their recommendations in terms of
impact to the sign ordinance. He further explained Ms. Little would then need
to give the Board the results of that review.
MOTION
Ms. Mills moved to accept and endorse the Committee's report.
Mr. Davis seconded the motion.
The motion passed unanimously.
OTHER BUSINESS
Parson's Lawsuit
The Board then discussed the Parson's lawsuit. Mr. Tompkins presented documents
he had received regarding the trial.
Board of Sign Appeals By -Laws
It was noted the Board had reviewed their by-laws but staff had not presented the
final draft to date.
Report on Greg House Lawsuit
Mr. Becker updated the Board on the Greg House lawsuit. He expressed his concern
that the matter would come before the Board of Directors without notification to
the Board of Adjustment. He stated the Board of Directors was reviewing the
possibility of administering a system of fines, such as $200 for the first
offense, $600 for the second offense, and $1,000 for the third.
There was further discussion regarding Mr. House providing a survey to the Board
of Directors. Mr. Becker noted an as -built survey was worth nothing.
Ms. Mills expressed her opinion that appeals for variances should be judged on
the merits of what was presented to the Board of Appeals on paper at the meeting.
Mr. Davis stated he believed all new construction should have a survey. He
explained that would give the Board a fixed point from which to judge the site
plan.and protected the buyer.
In response to a question from Mr. Boyd, Ms. Little stated the inspectors were
now checking the setbacks at the same time they were checking the footings.
Mr. Boyd stated he was fearful that, should a problem arise regarding a setback,
the city would also be at fault since city staff checked the setback. He further
stated at the present time the builder was solely responsible for the setback.
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Board of Sign Appeals
March 2, 1992
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Ms. Little stated she believed city staff had a responsibility to check the
setbacks.
In response to a question from Mr. Tompkins, Ms. Little stated the House
settlement offer was on the Board of Directors' agenda for the following night.
The Board agreed they would have representatives present.
The meeting adjourned at 5:15 p.m.
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