BOARD OF ZONING APPEALS MINUTES
APRIL 10, 2006
The meeting was called to
order by Chairman Mickley at 7:00 p.m.
MEMBERS PRESENT: Richard
Mickley, Alex Kessler, Harry McMannis, Kelly Thornton, Barbara Timmons, Greg
Faulkner, Nevin Taylor
APPROVAL OF MINUTES: There being no additions or corrections,
the minutes were approved as distributed.
AGENDA
ITEMS:
Mr. Mickley requested
adding discussion of the proposed Code changes to the agenda. Board had no
objections.
OLD
BUSINESS:
1.
Requesting a variance to
permit 250 sq. ft. business sign (53 sq. ft. business sign permitted) to be
located on the south side of the building for Best Buy, to be located on
Coleman’s Crossing Blvd., north of Home Depot; SD-1 zoning district. Total signage requested for building is
650 sq. ft. as opposed to maximum signage permitted of 300 sq. ft. Filed by Bear Creek Capital, LLC,
COMMENTS OF ZONING
INSPECTOR AND/OR DESIGNEE: No
comments.
COMMENTS OF REQUESTER: Mr. Steve Kelly of Bear Creek Capital
addressed the Board. This request
for variance is for a second sign for Best Buy to be placed on the back of the
building. After discussion at last
month’s meeting, applicant submitted drawings with new dimensions. The request outlines two types of signs
which comport to the variance which was granted at the last meeting, which was
for a maximum of 500 sq. ft. signage for Best Buy. One is a 250 sq. ft. sign on the rear of
the building without the blue around the perimeter. The other is a sign that takes the
square footage including the blue background. That sign will be 179 sq. ft. in
area. Applicant is requesting 250
sq. ft. of signage on the back of the building and would like the Board to
consider including the blue surrounding the sign.
Mr. Mickley recalled that
the Board approved a total of 500 sq. ft. for signage at last month’s
meeting.
Mr. Mickley drove by the
Best Buy at Tuttle Crossing and noted the sign on the back of the Best Buy
building, which faces I-270, consists of big yellow letters placed in a row, not
stacked. They are not surrounded in
blue or are not placed on a yellow ticket. Mr. Kelly stated the signage package
provided to him by Best Buy includes the letters on the ticket, which is known
nationally.
COMMENTS OF CITIZENS: No comments.
DISCUSSION BY BZA
MEMBERS:
Mr. Taylor noted as a point
of information, the signs are not drawn to scale as requested. The yellow ticket in the first proposal
is actually 267.9 sq. ft.. He arrived at this figure by using an
AutoCad program.
The second sign is actually 251.4 sq. ft. He recommended including the blue
surrounding the yellow ticket. It
is more appealing.
Mr. Taylor made the motion
to approve the request for the field of blue even though it exceeds by 1.6 sq.
ft, which is less than 4” on each direction, north and southeast and west for
square footage for the backside of the building, seconded by Mr. Thornton and
the question put, stood:
Mr. Faulkner questioned the
fact that the sign takes up about 60% of the back side of the building. Mr. Taylor stated it looks like that in
that corner, but when you take the whole spectrum, it’s not. Rear elevation of the building is almost
22’. Mr. Faulkner
questioned if a sign that large is needed on the back of the building. Mr. Kelly stated it needs to be that
large for visibility on Rt. 33, and it will be used to identify that building in
the group of four as being the Best Buy building.
Ms. McCoy asked if there
could be a condition that if this signage is approved, the other three
businesses could not have variances for larger signs. Based on 100’ width of Office Max in the
next retail building, they can have 40 sq. ft. on the back of that
building. Is there any guarantee
that every business won’t come in and request a variance? Mr. Kelly stated he has worked as hard
as he can to bring Best Buy to Marysville, and feels it means a lot to the
center to say there is a Best Buy there.
He believes he would want to scale back the types of signs for the rest
of the tenants in that building.
Mr. Taylor noted we’re
under 10% of the Best Buy section of the whole back of
the building of the 250 limit. Went
from 60% down to 10% margin from where it started.
Mr. Kessler YES Mr. Faulkner YES Mr. Thornton NO
Mr. Mickley YES Mr. McMannis YES Mrs. Timmons NO Mr. Taylor YES
Variance
granted.
2.
Requesting a variance to
permit 150 sq. ft. business sign (53 sq. ft. business sign permitted) to be
located on the east side of the building for Best Buy, to be located on
Coleman’s Crossing Blvd., north of Home Depot; SD-1 zoning district. Total signage requested for building is
650 sq. ft. as opposed to maximum signage permitted of 300 sq. ft. Filed by Bear Creek Capital, LLC,
COMMENTS OF ZONING
INSPECTOR AND/OR DESIGNEE: No
comments.
COMMENTS OF REQUESTER: Mr. Kelly withdrew this Request for
Variance.
COMMENTS OF
CITIZENS:
DISCUSSION BY BZA
MEMBERS:
NEW
BUSINESS:
Mr. Mickley stated that he
and Mr. Taylor attended the Planning Commission meeting where the Code changes
relating to the Board of Zoning Appeals were discussed. Recommended changes being forwarded to
City Council are as follows:
Section 1129.05 – Change to
seven (7) members on the Board of Zoning Appeals.
Initial appointments for
the two additional members appointed in 2006 shall be one for a three year term
and one for a five year term.
Section 1129.07 - Duties of
the Board of Zoning Appeals. Agreed with a super
majority vote. The
concurring vote of five members of the Board shall be necessary to reverse any
order, requirement, decision or determination ……
Section 1129.18 – Action by
Board of Zoning Appeals. Added: Within thirty-five days after the
CONCLUSION OF THE public hearing….
The Planning Commission proposed adding language from the Architectural
Review Board Code, “The public hearing may be extended to another date by mutual
agreement of the board and the applicant.”
This language was also added to Section 1129.25.
It was noted that Mr. Kraus
originally proposed that the quorum be set at four members, then have 2/3 vote
of the quorum. The Board of Zoning
Appeals members felt four is too low.
The Public Hearing of
Council will be held on April 27, 2006 at 7:00 p.m.
ADJOURNMENT: There being no further business to come
before the Board of Zoning Appeals, the meeting adjourned at 7:30
p.m.