HomeMy WebLinkAboutZ-7826 Staff AnalysisAPRIL 25, 2005
f: 19MIIIIIIIIIIIIIII
File No.: Z-7826
Owner: Ballyhoo Delivery/Tony Cristee
Applicant: Amy C. Markham
Address: Various locations throughout the City of Little Rock (Mobile
vehicular issue).
Description: N/A
Zoned: N/A
Variance Requested: An administrative appeal is requested by Ballyhoo
Delivery associated with a vehicular sign.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: N/A
Proposed Use of Property: N/A
STAFF REPORT
A. Staff Analysis:
On several occasions in late 2004 and January, 2005 the City's
enforcement staff observed a box truck with signs on all sides of the
cargo box which changed from one commercial message to another. It
was staff's determination that this constituted a vehicular sign. The
truck has an approximate one ton van classis, with a 14 foot box on the
back and dual rear tires. Rentable signs are located on the panel over
the cab, both side panels and the rear door panel. To staff's
knowledge, all panels switch between two (2) commercial messages.
On January 11, 2005 George Cristee, (Ballyhoo Delivery) the truck's
owner, was issued a courtesy notice to cease the use of a vehicular
sign in the City of Little Rock as per Section 36-543 of the City's Zoning
Ordinance. On February 28, 2005 the vehicular sign was once again
observed by City staff. At that time Mr. Cristee was issued a citation to
appear in Little Rock Environmental Court. The case is set for trial on
April 28, 2005.
APRIL 25, 2005
ITEM NO.: 7 CON'T.
The applicant, George Cristee, is requesting an appeal (filed by his
attorney, Amy C. Markham) of staffs determination that the vehicle
represents a vehicular sign. In an attached letter submitted by Ms.
Markham, the applicant contends that the primary use of the truck is to
provide delivery services to clients and not that of advertising a
business. Based on this, the applicant feels that there is no violation of
Section 36-543. The applicant also refers to Section 36-530 which
includes the definition of a vehicular sign.
The Board of Adjustment is asked to determine if the vehicle in question
represents a vehicular sign or is simply a delivery vehicle. It is staff's
contention that the vehicle represents a vehicular sign, with the primary
purpose being the sign advertising. Ms. Markham informed staff that
after the citation was issued to Mr. Cristee, the truck was moved to
another area of the state. Information is attached which was printed
from the Ballyhoo Delivery web site. The information describes the
delivery service as well as classifies the truck in question as a "Mobile
Billboard". The definition of a vehicle sign as found in Section 36-530
and Section 36-543 are as follows"
"Vehicular sign is any sign displayed on a parked or moving
vehicle, where the primary purpose of the vehicle, is to advertise a
product or business or to direct people to a business or activity.
For purposes of this definition, vehicular signs shall not include
business logos, identification, or advertising on vehicles primarily
used for other business purposes."
"Sec. 36-543. Prohibited signs and sales promotion devices.
The following type signs are prohibited in all districts unless
otherwise noted:
(1) Abandoned signs.
(2) Banners, pennants, festoons, searchlights, except as allowed
in Section 36-557, subsection (d).
(3) Signs imitating or resembling official traffic or government
signs or signals.
(4) Snipe signs or signs attached to trees, telephone poles,
fences, public benches, or placed on public property or public
right-of-way.
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APRIL 25, 2005
ITEM NO.: 7 (CON'T.
(5) Vehicular signs.
(6) Trailer or temporary signs that do not meet the standards for
freestanding permanent signs.
(7) Roof signs, or any sign that is not mounted on a vertical
surface.
(8) Rotating signs."
BOARD OF ADJUSTMENT: (APRIL 25, 2005)
Staff informed the Board that the applicant requested this item be withdrawn.
Staff supported the withdrawal request.
The item was placed on the Consent Agenda and withdrawn by a vote of 5
ayes and 0 nays.
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