LAWRENCE SIGN CODE BOARD OF APPEALS

MEETING MINUTES  

FEBRUARY 3, 2004 - COMMENCING AT 6:30 p.m. CITY COMMISSION MEETING ROOM, FIRST FLOOR OF CITY HALL, SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS

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Members present:  Hannon, Herndon, Goans, Blaufuss, Santee, Emerson and Lane

Staff present:  Walthall & Saker

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ITEM NO. 1:              MINUTES

Several typographical errors were noted in the January 2005 minutes.

Motioned by Mr. Hannon, seconded by Mr. Lane to approve the minutes of the January 6, 2005 meeting as revised.

          Motion carried 4-0-2, with Mr. Santee and Mr. Emerson abstaining due to their absence from the January meeting.

ITEM NO. 2:              COMMUNICATIONS

There were no additional communications to come before the Board.

ITEM NO. 3:              JOHNNY’S TAVERN; 401 NORTH 2ND STREET

SV-01-01-05:  A request for a variance from the provisions of Chapter 5, Article 7 (Signs), of the Code of the City of Lawrence, Kansas, 2003.  The request is to allow the applicant to have a wall sign that extends above the roofline of the building.  Section 5-734(b) of the Sign Code of the City of Lawrence, Kansas, 2003 is the governing regulation concerning the location of wall signs.  The sign will be located on the south wall of Johnny’s Tavern near the east end of the building.  Submitted by Bob Treanor of Tallgrass Studios, for Rick and Nancy Renfro, owners of record.

STAFF PRESENTATION

Mr. Walthall introduced the item, a request to allow a wall sign to project beyond the top of the wall on which it was mounted.  He said the sign met the Sign Code in every other aspect, including size and total wall coverage.  He said intent of the proposed placement was to make the sign visible from the south end of the 6^th Street bridge.

It was verified that the Historic Resources Administrator had administratively approved the environs review of the sign.

It was discussed that the sign did include an arrow as part of its design, but Staff did not consider it a directional sign.  Even as a directional sign, the sign would require a variance to project over the edge of the wall.

APPLICANT PRESENTATION

Rick Renfro, property owner and applicant, repeated his intent was to make the sign visible from the opposite side of the bridge.  He said he hoped to make this a “starting point”.  He would like to make many aesthetic improvements to the outside of the building.

BOARD DISCUSSION

Ms. Blaufuss referenced the section of the Sign Code defining “wall”, pointing out it appeared to allow inclusion of the sloped roof to its highest point.  The Board discussed how to interpret this language, because one interpretation would eliminate the need for the requested variance.

Mr. Walthall responded to questioning that the Board was able to make an alternate interpretation, but he would recommend granting the variance as a precaution.

The Board agreed it would set an unwanted precedent to say that the variance was not needed, based on an interpretation of the definition of “wall.”  They preferred to grant this variance and direct Staff to continue bringing similar requests before them for case-by-case review.

ACTION TAKEN

Motioned by Mr. Hannon, seconded by Mr. Herndon to approve the variance to allow the wall sign at Johnny’s Tavern, 401 N. 2^nd Street to extend above the top of the flat vertical portion of the wall.

          Motion carried unanimously, 7-0.

ITEM NO. 4:              MISCELLANEOUS

Mr. Walthall said the Board may be asked in the future to consider a situation involving the road construction underway on W. 6^th Street.  The Prairie Commons residential retirement facility had temporarily lost its access point on W. 6^th Street and might seek a temporary sign permit to guide the way to its other access on Harvard Road.  Depending on where this sign was placed (private or public property), it may have to be approved by the City Commission as well as the Board.

A representative from Prairie Commons had discussed with Staff the possibility of appearing before the Board as a walk-on item.  Staff and the Board agreed that this was not an option at this level, although the City Commission would be able to grant such a request at their own meeting. 

The Board expressed their opinion that, if the sign had to be placed in the public right-of-way, the issue should be dealt with by the City Commission. If the sign could be placed on private property, the Board felt the issue should go through the usual application process.

ADJOURN  - 6:45 p.m.

Official minutes are on file in the Planning Department Office.