LAWRENCE SIGN CODE BOARD OF APPEALS
MINUTES
JUNE 3, 2004 - COMMENCING AT7:05 P.M. AFTER THE BOARD OF ZONING APPEALS MEETING, CITY COMMISSION MEETING ROOM, FIRST FLOOR, CITY HALL, SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS
_____________________________________________________________________
MEMBERS PRESENT: Mr. Santee, Mr. Hannon, Mr. Fizell, Mr. Herndon and Mr. Lane
STAFF PRESENT: Mr. Adrian Jones and Ms. Saker
ITEM NO. 1: MINUTES
One change was requested to the minutes of the April meeting, reflecting that the applicant’s representative in Item 4 was employed by Gould Evans, not Luminous Neon.
Motioned by Mr. Lane, seconded by Mr. Santee to approve the minutes of the April 2004 meeting as revised.
Motion carried 4-0-1, with Mr. Hannon abstaining due to his absence from the April meeting.
ITEM NO. 2: COMMUNICATIONS
• Packet of additional information related to agenda Item 3
No ex parte communications were disclosed.
No deferrals were requested.
Swearing in of witnesses
ITEM NO. 3: CHILDREN’S LEARNING CENTER, INC.; 205 N. MICHIGAN STREET
SV-05-06-04: A request for variances from the provisions of Chapter 5, Article 7 (Signs), of the Code of the City of Lawrence, Kansas, 2003. The requests are to allow a 24 sq. ft. non-illuminated wall sign on the east wall over the entry to the building; and, a ground mounted monument sign with 18 sq. ft. of surface area and a height of 5’ to be placed along the property frontage along N. Michigan Street. Section 5-738.3 in the Sign Code establishes the rules for business signs in residential districts. Section 5-738.3(B) of the Code allows one monument sign to be placed on a property in an RO (Residence-Office) District with a minimum area of 1 acre, restricts the surface area to no greater than 16 sq. ft., and a height not to exceed 4 feet. Said code provision also allows one wall sign with an area not to exceed 2 square feet if there is a monument sign on the property. The subject property is zoned RS-1 (Single-Family Residence) District. Submitted by Rhonda Scherff with Star Signs & Graphics, Inc. for Children’s Learning Center, Inc.
Mr. Jones introduced the Item, a request to allow two new signs for the property located at 205 N. Michigan. One was a ground monument sign, 5’ in height and 18 square feet in surface area. Code allowed one monument sign for the subject property, no more than 4’ in height and 16 square feet in surface area. The proposed sign would replace an older existing sign of the same measurements as the proposed sign, but Mr. Jones explained the Code stipulated that rebuilt signs had to conform to the current size restrictions.
The second sign was an unlit wall sign over the entrance on the east elevation, measuring 24 square feet. A wall sign was permitted for the subject property, but Code restricts the wall sign to 2 square feet if a monument sign is also used.
Staff recommended denial of both requests based on a determination that the requests did not meet Sign Code standards.
APPLICANT PRESENTATION
Ronda Scherff, Star Sign & Graphics, noted that the Center was a non-profit organization. She asked if that qualified them for the more lenient standards afforded to charitable and religious institutions.
Ms. Scherff said the Center had taken advantage of an opportunity to renovate their parking area, including the relocation of the existing sign. The applicant proposed to replace the old sign in its new location with one of new materials but a duplicate appearance.
The intent of the requested wall sign was to make the Center more visible to passing traffic, specifically parents and those touring the Center. It was also meant to visually cue traffic that children were present. The size of the wall sign was designed to cover existing brackets that had been used in the past to support temporary signs. Ms. Scherff said the 2 square feet sign allowed by Code would not be visible enough to be useful.
It was verified that no lighting was intended for either sign.
Holly Turner, Director of the Center, responded to questioning that visibility had been a problem in the past. Several new parents visited the Center on any given day, and tours were given to prospective clients who were unfamiliar with the area.
It was pointed out that additional confusion was created by the fact that the Varitas School was close by and the Center was not located on Michigan Street but on North Michigan Street.
Ms. Turner explained that a significant number of the Center’s children were SRS affiliated and that United Way Scholarships were awarded annually. This was considered in relation to the possible application of the charitable institution guidelines.
PUBLIC COMMENT
No member of the public spoke on this Item.
BOARD DISCUSSION
It was suggested that Staff’s recommendation for denial was based on the failure of the request to meet the strict application of the Sign Code, and that it did not imply that the signs – as proposed – would be a detriment to the public health, safety and/or welfare. Mr. Jones agreed that this was so.
It was noted that the Sign Code specifically addressed non-profit organizations, and suggested that basing approval on that status would set an undesirable precedent. It was then discussed that a “basis” for approval – finding of fact – were not technically required for a SCBA approval, so precedent concerns could be eliminated.
ACTION TAKEN
Motioned by Mr. Fizell, seconded by Mr. Hannon to approve the two signs for the Children’s Learning Center at 205 N. Michigan as proposed.
Motion carried unanimously, 5-0.
ITEM NO. 4: MISCELLANEOUS
There was no other business to come before the Board.
ADJOURN - 7:27
Official minutes are on file in the Planning Department.