4.1 BASR 08-13-2013 - Laserfiche WebLink

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E � Re quest for Action River To Item Number Board of Adjustment 4.1 Agenda Section Meeting Date Prepared by Board of Adjustment August 13,2013 Chris Leeseberg,Park Planner-Planner Item Description Reviewed by Consider Appeal Request by Decklan Jeremy Barnhart,Deputy Director, CODD Group/Granite Shores regarding the interpretation Reviewed by of sign regulations for free-standing sign in DD district (633 Main St), Case No. V 13-04 Action Requested Staff recommends denial of the appeal that would allow a new freestanding sign in the Downtown District (DD) based on Sections 30-872 and 30-860, for the following reasons: 1. Freestanding and monument signs are not listed as allowed signs in the Downtown District 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 Planning Commission (7-9-2013) Per the Board of Adjustments (BOA) request to clarify what the ordinance says, staff had a phone conversation with the city attorney regarding the applicant's interpretation of the ordinance. The city attorney then drafted a memo, regarding his position on the applicant's interpretation,which states that freestanding and monument signs are not allowed in the downtown district. The memo also provided a recommendation to the City Council,which is, "...if the Council believes that the proposed sign type should be allowed,the appropriate approach would be to amend Section 30-872 of the Zoning Ordinance to specifically allow free-standing and/or monument signs and to establish performance standards for such signs." Staff contacted the applicant on July 31,2013 to inform them city staff had contacted the city attorney, as desired by the BOA, and that city staff had received a memo on the attorney's position. City staff asked the applicant if they wanted to meet and provided them a copy of the memo. Their response is attached. Public Hearing There was a great deal of information and reasoning the applicant provided the BOA to support why they believe staff is in err with their determination. The following is a review of that information and reasoning. The applicant indicated that six different types of freestanding signs are identified as allowed in Sec. 30- 866 for the Downtown District (DD) and that this is an overarching set of sign ordinances that applies to P O • E A E D NY NATURE