HomeMy WebLinkAboutMINUTES Board of Adjustment 1988-10-12BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
October 12, 1988
9:30 a.m.
Board:
Attending:
Also Attending:
Absent:
Chairman Habecker, Members Barker,
Garrett, Lamson, Sager
Chairman Habecker, Members Barker,
Garrett, Lamson, Sager
Town Attorney White, Town Planner
Stamey, Building Official Allman,
Secretary Jones
None
1.
2.
Minutes of the Board of Adjustment meeting held August 12,
1988 were submitted and approved.
James Baranovic,185, 187. 189 Virginia Lane and 326
Virginia pTi^^^ Al Fresco Place Subdivision - Request for
Extension of Time
Mr. James Baranovic appeared before the board to request an
extension of time on the variance granted him on Novembe ,
1QR7 At that time the board stipulated that all alterat9ion; andthupgrading of ™ P“St?ngC?S;
plated within one year f^-edth^atda^^ref bufrit?^^s9were
almostCcomplete "aS^riSou!^^ able to finish the fourth
within six months.
Months waffreaJonable iengtt tjme
1J—rs£ee“^^^ MrU“it ^als^d
unanimously.
. X- c A TvTvnpa 1 of slgu Poimitmot, of the Park Restaurant Sign, ^------------
Mr. Rod Hallberg, attorney for Housers presented their
request for an appeal of building oftioi centre
nA^Lcraterrejunf|. |I7 a sign p:5i-eWa|urPlao®Vr?
fa!lb2?netaa?^d th^re SLe tSo issues inaquesf on s (1. DoegS
fncrolM°^Hrad5^Sef ? ^P He s^ted t^the
Sln^Ty o^rtf ?he1Xaoemrnf the Top of the
Park sign.
Cheri Houser addressed the ""Is beS
that a sign permit had b?en b ilding< She further stated
placed on the Sld® °Kntiding official was shown a copy
that, at thab b^^!4ingethSe wal not an easement between the of a survey indicating tnere explained to Russ
buildings, and the inS?a?Sng the sign
McCahan, owner of the that they felt the
at his own risk. l,rdrs-.5?°;jsejhei? Jir space which they were sign was encroaching into their air sPa^
trying to protect for future expansion.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment - October 12, 1988 - Page 2
Charles T. Brown, registered land surveyor, addressed the
board stating that he had been retained by Trans America
Title in 1972-1973 to survey the property. Mr. Brown stated
he has not re-surveyed the site, but from a visual inspec
tion of the property, it was his opinion that the sign is
encroaching into the air space of the Houser's property.
Mr. Hallberg asked that his letter dated June 16, 1988 to
the Building Official be read into the record. In this
letter Mr. Hallberg requested the sign permit issued on June
9, 1987, be revoked. Planner Stamey read Mr. Hallberg's
letter and also read the Building Official's reply dated
June 21, 1988. A copy of Town Attorney White's letter which
advised that this dispute was not a matter for the Town to
decide, but rather a matter for the civil courts, had also
been sent to Mr. Hallberg.
Russ McCahan, managing general partner of Estes Centre
Associates, explained to the board that at the time he took
out the permit for this sign, he thought he was doing
everything properly. He stated the sign is 4 inches thick
and is placed on the side of his building, that there is a
one foot easement on the east side of this building, and his
survey shows the property line tapering from front to back.
4.
Town Attorney White advised that this sign is not considered
an off-premises sign. It is attached to the building and
property to which it pertains, and the sign code doesn t
require a survey to determine if there is an encroachment.
He stated that if property rights are being violated, it
UP to the district court to make that determination, not the
Board of Adjustment. He further stated that this sign is a
wall sign permitted under certain provisions of the sign
code.
After further discussion with Attorney
the definition of off-premises signs and off-premises
advertising, attorney Hallberg requested the board reverse
the decision of the building official.^ Member Sager stated
, , . that, based on the
Attorney White advised that the boara cevidence, the sign
or not the building official's decision perm;Lt was appropri-
the evidence presented does not show at;ely filed and
violation of the sign code. approved by the
, . , , n Building Inspector.Based on Town Attorney White's legal op.
moved for denial of this appeal. Member nvoc" inmotion and the vote was as follows: Those noting ^es
favor of the motion to deny the appeal - Members Barker,
Garrett, Habecker, Lamson, Sager. Those voting No
grant the appeal - none.
REPORTS
Planner Stamev inquired about setting a regular date for the
boSftc S each month. 8:15 a.m. on ®uraday was aug-
gested and Planner Stamey is investigating which Thurs y
the month would be more suitable.
There being
a.m.
no further business, the meeting adjourned at 10:35
CJL/uJ^aA^
Carolyn Jo^es,^ecretary