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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