HomeMy WebLinkAbout1992-04-20 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, April 20,
1992, at 4:45 p.m. in Room 111 of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT:
OTHERS PRESENT:
Gerald Boyd, Don Mills, Robert Davis, Marion Orton, Lonnie
Meadows, Larry Perkins and Thad Hanna
Alett Little, Sharon Langley, Andy Gibson, Larry Wheaton,
others
Ms. Don Mills called the meeting to order.
and
APPEAL NO. SA92-4 - REQUEST FOR A VARIANCE OF NUMBER & SIZE OF SIGNS
WALMART STORES, INC. - 2999 N. COLLEGE
The first item on the agenda was a request from Walmart Stores, Inc.
Ms. Little stated the representative for Walmart had requested this item be
delayed until May 18, 1992.
Board members noted dates they would be unavailable for meetings. It was
determined there would be a quorum on May 18.
There was discussion regarding the postponement of the Walmart hearing. Ms.
Mills stated that if the City had to re -advertise, Walmart would be responsible
for the costs of such notices.
APPEAL NO. SA92-5 - REQUEST FOR A VARIANCE FROM SIGN ORDINANCE
ANDY GIBSON - 1200 N GARLAND
The next item on the agenda was a request for a variance from the sign ordinance
for the Campus Book Store, 1200 N. Garland, represented by Andy Gibson. The
property is zoned C-2, Thoroughfare Commercial.
Ms. Little explained the sign as proposed was permissible and could be given a
sign permit. She further explained staff had brought the request to her with
some questions regarding the definition of a wall. She stated she believed it
would be a good idea for the Board of Sign Appeals to look at the request and
give guidance to the staff.
Ms. Little stated the business was planning to open in the old Dillons Food Store
and, in preparation for opening, the owner had enlarged the front face of the
building by placing a 12' by 36' facia board against the front wall. She
explained this structure extended 4 feet above the current height of the
building. She stated the sign area proposed by the business was 120 square feet
which was permissible even if the wall area had not been enlarged. She explained
it was not a question of whether the sign fit within the ordinance, but a
question of whether owners were allowed to enlarge a wall to the point to allow
a larger sign than had been permissible on the original structure.
Ms. Little pointed out this was a fairly common practice in Fayetteville. She
stated she did want the Board of Sign Appeals to assist in interpretation on this
matter.
Ms. Little explained the sign requested had the dimensions of 30 feet by 4 feet.
She stated the area of the face of the building, prior to installation of the
additional facia board, was approximately 680 square feet and a sign of the same
dimensions as planned would occupy 17.6% of the face of the building, which would
be permissible.
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Board of Adjustments
April 20, 1992
Page 2
She also called their attention to the fact that the facia board extended above
the roof line of the building. She asked for their interpretation whether this
was a roof sign.
Mr. Davis stated that, if the printing on the sign had been moved up to the top
of the sign to make it more widely visible, he would believe it was a roof sign.
Ms. Little stated she believed they should consider that. She pointed out that
the sign ordinance did not allow nor permit roof signs unless the applicant
demonstrated practical difficulties in utilizing a wall sign and demonstrated
that a variance would be in keeping with the spirit and intent of the sign
ordinance. She stated the only question before them at this time was what was
a wall. She also stated this was the second request of this nature that she had
seen since she was Planning Director.
In response to a question from Ms. Mills, Ms. Little stated she would have no
trouble considering the additional facia board to be a wall if it extended the
length of the building. She stated that the fact it was just in a small area
lead her to believe it was not a wall.
Mr. Boyd pointed out that directly across the street Harps had a very similar
sign.
Ms. Little agreed that it was not an uncommon occurrence in Fayetteville.
Mr. Boyd stating that, as far as measuring for the size of the sign, he believed
the inspectors might make a rule to not take into account any new construction.
He explained that would not allow someone to add onto a building just to get a
bigger sign. He also stated they not consider a sign to be a roof sign, even if
it was new construction, if the addition was substantially the same height as the
things on top of the roof. He explained a very common way of building was to put
up a shield to hide the air conditioning units, etc. He explained when it was
there already, no one would say they couldn't put a sign up there. He explained
they just needed to use common sense.
Ms. Little asked if his interpretation of roof included the height of turbines,
air conditioning units, etc.
Mr. Boyd agreed as long as such fixtures were on
noted they would have to use common sense. He
someone put up an old fashioned water condensing
but, as far as the normal fixtures that sat on
acceptable.
Ms. Little clarified by saying that would be allowable as long as there was a
parapet or some type of board for signage.
Mr. Boyd agreed. He stated it could go up that high without being called a roof
sign. He further stated that, in this case, he did not believe it was a roof
sign.
Ms. Mills asked if would be of assistance to staff to have the size of the sign
determined by the original building wall and not allow them to include the square
footage of the addition.
Ms. Little stated it would be a great help.
Mr. Boyd agreed and stated he believed that would discourage additions just to
have larger signs.
the basic building. He again
gave as an example that, if
units, it would be too high;
top of roofs, that would be
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Board of Adjustments
April 20, 1992
Page 3
Ms. Little requested the Board pass a resolution stating their decision.
Mr. Andy Gibson, representative of the College Book Store, explained he had
decided on the size of the sign prior to adding facia. He stated he and the sign
inspector had measured the area. He explained he had not been trying to get a
bigger sign but to get a little bit higher sign since the store was located in
a depression.
Ms. Little pointed out the sign did not violate the maximum height.
It was determined that staff would prepare a resolution for the Board of Sign
Appeals which would be voted on at their next meeting.
MOTION
Mr. Boyd moved that the signage requested be granted.
Ms. Mills pointed out Mr. Gibson did not need a variance.
The motion was withdrawn.
APPEAL NOS. SA92-6, 7, & 8 - REQUEST FOR A VARIANCE FROM SIGN ORDINANCE
McILROY BANK - 1113 N. GARLAND, 1947 N. COLLEGE, & 1512 S. SCHOOL
The next three appeals were from Mcllroy Bank, represented by Larry Wheaton for
three variances on properties located at 1113 N. Garland (C-1, Neighborhood
Commercial), 1947 N. College (C-2, Thoroughfare Commercial) and 1512 S. School
(C-2, Thoroughfare Commercial).
Mr. Wheaton explained the bank desired to add an information sign to three
existing signs. He stated they wanted to add a 25" by 49" sign to the existing
signs.
In response to a question from Mr. Perkins, Mr. Wheaton stated the requested
signs were the same size as the one located at Highway 45 and Crossover Road.
He explained there was also the same sign on the building in Oak Plaza. He
showed the Board a drawing of the sign and stated they wanted to attach them to
the bottom of the existing signs. He explained the problem was the existing
signs were at maximum size for the distance from the right-of-way.
Mr. Wheaton stated the signs advertised the locations of the national networks
of ATM machines. He explained the signs would provide customers with information
on where there was an ATM machine available for their use. He stated that
customers from all over the world could use the ATM machines in Fayetteville
since Mcllroy was on the national network.
Mr. Wheaton also pointed out that visitors from other areas would spend any money
they received from the ATM in the community. He further stated the bank had
checked into the cost of moving the signs back so they could have a larger sign
but the cost would have been $800 per sign. He also noted they had already
purchased the new signage at a cost of $4,000. He stated that, if they had
redesigned the existing signs, it would cost $6,000. He explained that, due to
the cost of either moving or redesigning, they had determined that, if they did
not receive a variance, they would be unable to put up the additional signs.
Mr. Hanna asked if the new signage would be attached to the pole.
Mr. Wheaton stated they would be attached to the pole but snug to the bottom of
the existing sign.
Board of Adjustments
April 20, 1992
Page 4
In response to a question, Mr. Wheaton stated the total footage of the signs on
North College and South School were 40 square feet and the sign on North Garland
was 60 square feet.
Mr. Wheaton informed the Board there were approximately 100,000 transactions per
month on ATM machines with approximately 20,000 to 25,000 of those being out-of-
town users. He stated he believed the out-of-town users would increase during
the summer months.
Ms. Orton stated she could understand why the Bank was requesting the additional
signage. She asked if these signs could not be wall signs instead of being
attached to the existing signs.
Mr. Wheaton stated the sign at North
explained the signs would be easily
signs. He agreed that, if they could
place the signs on the building.
Garland was not visible from the road. He
seen from the road if they were on pole
not get the variances, they would probably
Ms. Orton stated everyone wanted a larger sign so they would get more business.
She further stated they had to comply with the sign ordinance unless there was
a terrain problem, etc. She stated the request was in violation of the sign
ordinance and she did not see any justification for a variance. She also
explained that, if they allowed the bank to have a larger sign, everyone else
would want a larger sign.
Mr. Wheaton explained they were requesting the variance because they were
providing a service. He further stated it would cost the bank $6,000 to provide
this service.
Mr. Perkins stated there was a sign on 15th Street that sat back approximately
the same distance as the Mcllroy signs and it was three times as big as the
Mcllroy signs. He further stated there were three signs -- the price of
gasoline, a credit card sign, and the name of the business.
Mr. Boyd explained that there was a special section
price of gasoline. He explained that type of sign
Ms. Orton explained they considered the overall size
the sign was set from the street.
Mr. Perkins stated he could see there would be a problem on inconsistencies and
setting precedence.
Mr. Hanna pointed out that, if the banks could not put the signs under the
existing pole signs, they would ask for a variance for signage on the building.
Ms. Orton stated she was not against what the banks were doing but they had to
go by the sign ordinance and it would be up to the banks to figure out how they
could add signage and still comply with the sign ordinance. She pointed out
that, they should have made a smaller sign originally in case something came
along such as these signs that they wanted to add, but they had not. She stated
they had made the maximum size.
Ms. Little stated she had just realized that the signage would be permissible at
the North Garland site because it was set back 40 feet from the right-of-way.
She quoted the ordinance regulating such signs wherein it stated the maximum
display surface for a sign set back 40 feet or more would be 75 square feet.
regarding signs showing the
was excluded.
of the sign and how far back
Ms. Mills asked about the requests on College and School.
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Board of Adjustments
April 20, 1992
Page 5
Ms. Little stated they were only set back 30 feet from the right-of-way so the
maximum sign size was 40 square feet. She stated that while the signage
requested was informational in nature, it did violate the sign ordinance and she
therefore recommended against the granting of the variances.
Mr. Boyd pointed out there were severe restrictions in the sign ordinance on
free-standing signs while the signage on the sides of buildings were overly
generous. He explained that in Fayetteville they did not see the "forest of
signs" they saw in other towns and that was because of the sign ordinance.
Ms. Orton explained that, when the sign ordinance had been drawn up, it had been
determined that free-standing signs caused more clutter and confusion and hazards
for traffic than a wall sign. She stated it had been intentional that wall signs
were more generous.
Mr. Perkins noted there had been landscaping around the pole at the North College
site and, once the shrubbery was in bloom, the pole would not be visible.
MOTION
Mr. Boyd moved to deny the variances for the two signs under consideration (1947
N. College and 1512 S. School).
Mr. Davis seconded the motion.
The motion passed 5-2-0 with Me. Orton, Mr. Meadows, Mr. Davie, Ms. Mills and Mr.
Boyd voting "yes" and Mr. Hanna and Mr. Perkins voting "no".
Ms. Mills explained Mr. Wheaton could appeal their decision by taking it to one
of the Board of Directors who could present it at the Board of Directors meeting.
The Board of Sign Appeals adjourned.
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