DEPARTMENT: Development Services
DEPARTMENT HEAD: Michael Shannon
COUNCIL DISTRICTS IMPACTED: 2
SUBJECT:
Appeal Board of Adjustment Case BOA 19-10300049
SUMMARY:
An appeal of the decision of the Board of Adjustment to deny a 28 foot variance from the maximum 60 foot tall sign height restriction to allow for a single-tenant sign to be 88 feet tall, located at 5075 Rigsby Avenue. On May 20, 2019 the Board of Adjustment denied the request in a vote of 5 opposed, 4 in favor. Pursuant to City Code section 28-5 the applicant is appealing the decision of the Board of Adjustment to the City Council.
BACKGROUND INFORMATION:
The subject property is located at the northwest corner of Rigsby Avenue and Semlinger Road. The City's Sign Ordinance allows lots or any portion of lots located within 500 feet of an expressway to have expressway sign standards. The applicant states that the existing sign pole is showing signs of rust and while most of the pole can be cleaned, primed and re-painted, the upper third portion must be replaced with new steel. While the cabinet sign will remain and be re-used, in order to replace the portion of the pole, the cabinet will have to come down. The applicant is asking to do their maintenance and repairs and leave the sign at its current height which is 88 feet above ground level.
The requested 88-foot tall sign is thirty-one percent (31%) taller than permitted, therefore, granting the applicant's request conflicts with the purposes of City Code Chapter 28 - Signs. Moreover, the 88-foot tall single-tenant sign eliminates all distinction between signs allowed within the city since the citywide expressway standard is 50 feet for single tenant signs.
The subject property is not influenced by oppressive conditions that are unique to the land or that prevent the business from being properly advertised. Granting the variance will provide the applicant with special privileges not enjoyed by other properties within the vicinity. T...
Click here for full text