HomeMy WebLinkAboutZ-8889 Staff AnalysisJANUARY 27, 2014
ITEM NO.: B
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Russell Atkinson/Atkinson Properties LLC
Lamar Advertising by Michael Shannon
10510 Interstate 30
North side of 1-30, West of Baseline Road
C-3
Variance Requested: Requested appeal of the Planning Staffs denial of a permit to install
an off -premise billboard sign.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Undeveloped
Proposed Use of Property: Billboard sign
Staff Report:
On August 20, 2013, Lamar Advertising submitted a sign permit application for a
billboard sign at 10510 Interstate 30. The permit was for a 14 foot by 48 foot off -
premise billboard sign with a height of 35 feet. The proposed billboard site is zoned C-
3. The permit was requested contingent upon removing two (2) existing billboard signs
on adjacent property. The billboard sign at 10400 1-30 (permit #20061) and 10600 1-30
(permit #17719) were proposed to be removed prior to the installation of the new
billboard at 10510 1-30.
Section 36-556(a)(4) of the City's Zoning Ordinance (off -premise sign regulations) reads
as follows:
"4. No billboard site shall be located less than one
thousand (1,000) feet from another billboard
site. The separation requirement shall be
measured along the nearest edge of pavement
between points directly opposite the signs, provided
that only on streets separated by a median, each side
of the street shall be considered separately for distance purposes."
On August 29, 2013 City Planning staff informed the applicant that the billboard permit
for 10510 1-30 was denied and could not be approved because the proposed sign site
did not conform with Ordinance standards for an off -premise sign site. There were
conversations between the applicant and City Planning staff prior to August 29, 2013,
informing the applicant that the proposed sign did not meet the requirement to be
separated from other existing billboards by at least 1,000 feet.
JANUARY 27, 2014
ITEM NO.: B (CON'T.
The applicant, Lamar Advertising, is appealing staffs denial of the sign permit to allow
an off -premise billboard sign at 10510 Interstate 30. Please see the attached packet of
information submitted by Michael N. Shannon, the applicant's legal counsel.
The Board of Adjustment is being asked to determine if staff was correct or incorrect in
the denial of the sign permit for the off -premise billboard sign at 10510 Interstate 30.
Since August 29, 2013, the City Attorney's office reviewed the issue and agreed that the
City ordinances do not provide for contingent billboard permits. It also determined that
under the circumstances, Lamar Advertising would need to relinquish its off -premise
billboard permits at 10400 and 10600 Interstate 30 before a sign permit could be issued,
upon proper application, for a billboard that otherwise would not meet spacing
requirements. Relinquishing the permits would mean that the two (2) billboard signs
would no longer be legal signs, there being no right to have them in those locations, and
therefore they would have to be removed immediately. The applicant was made aware
of that determination.
BOARD OF ADJUSTMENT (October 28, 2013)
Staff informed the Board that on October 23, 2013, the applicant requested deferral of
the application to the November 25, 2013 agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda for deferral to the November 25, 2013
agenda as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The
application was deferred.
BOARD OF ADJUSTMENT (November 25, 2013)
Staff informed the Board that on November 25, 2013, the applicant requested deferral of
the application to the January 27, 2014 agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda for deferral to the January 27, 2014
agenda as recommended by staff. The vote was 5 ayes, 0 nays and 0 absent. The
application was deferred.
BOARD OF ADJUSTMENT
(January 27, 2014)
Staff informed the Board that on January 23, 2014 the applicant requested withdrawal of
this application. Staff supported the withdrawal request.
The item was placed on the Consent Agenda for withdrawal. The vote was 4 ayes, 0
nays and 1 absent. The application was withdrawn.