7.1. SR 08-19-2013 - Laserfiche WebLink

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City of Elk - Request for Action River To Item Number City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings August 19, 2013 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Appeal Request by Decklan Group/Granite Shores Jeremy Barnhart,Deputy Director, CODD Regarding Interpretation of Sign Regulations for Reviewed by Free-Standing Sign in Downtown District (633 Cal Portner, City Administrator Main St), Case No. V 13-04 Action Requested Staff recommends the City Council deny the appeal that would allow a new freestanding sign in the Downtown District (DD) based on Sections 30-860 and 30-872, for the following reasons: 1. Freestanding and monument signs are not listed as allowed signs in the Downtown District in Section 30-872. 2. Section 30-872 is the more specific ordinance and,pursuant to Section 30-860(e),prevails over the general regulations in Section 30-866. 3. There are no performance standards in Section 30-872 for free-standing or monument signs. Background/Discussion The Board of Adjustments (BOA) reviewed an appeal to staffs interpretation of the ordinance as it relates to signs in the Downtown District (DD). During the BOA July 9, 2013, meeting,the applicant provided information that the Board wanted to clarify with the city attorney so they postponed action. The city attorney's opinion on the ordinance, along with other information was presented to the BOA at their August 13, 2013, meeting. The BOA denied the applicants appeal to staff interpretation; as a result, the appeal is automatically appealed to the City Council. As suggested by city staff and the city attorney,if a sign is simply a "good idea", then the Council should deny the appeal and direct staff to undergo an ordinance amendment to allow signs in the downtown district,with appropriate standards and criteria. To approve the appeal,the City Council must determine that the BOA,the city attorney, and city staff have erred in their interpretation of the ordinance as it pertains to freestanding signs in downtown. All of the supporting documents and reports supporting staff s recommendation are attached for your review. The applicant was notified of their opportunity to include information in the packet for the City Council to review. P a w E R E U 6 Y NaA f RE]