06 - Boards & Commissions - Minutes (2)

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- Section 4.10.009(b) — "Signs and sign structures shall be designed and constructed to comply with the provisions of the building code for use of materials, loads and stresses to withstand a wind pressure of thirty (30) pounds per square ffoot]. " - Section 4.10.081— "No temporary orpermanentsign or billboard to be installed or located within the corporate city limits shall be erected, constructed, reconstructed, relocated or placed within the city unless a permit shall have been first secured from the building official. " The applicant is proposing a "sky sign" at 2315 NE Loop 286. Public hearing was declared open. Grayson Path, City Manager, presented the variance request to the board. Mr. Path explained that the permit for the sign was requested after the sign had already been constructed; therefore, the City was unable to notify the applicant up front that the sign was prohibited. He also mentions that the applicant had previously acquired two permits with a licensed contractor so he was aware of the permitting requirements. Lastly, the City recommends denial. Ruth Ann Alsobrook, board member, clarifies that a sky sign is something that extends above the roofline and that the concern is that it could blow away and potentially cause damage. Mr. Path confirms that is a concern however the sign itself is prohibited by code and if it were to be allowed it would have to be designed by an engineer to ensure it would be structurally sound. Larry Walker, board member, inquires if the applicant would be able to put a sign on the front of the awning similar to the sign on the front of the building to which Grayson clarifies that any additional signage would have to either go on the side of the building or be a detached sign. Mr. Path also states that any sky signs allowed in the past are considered legal -nonconforming and would have to come into compliance if ever altered or removed. William Sanders, board member, inquires if the awning that the sign is on was existing or if a permit was pulled to construct it. Paige Unger, city staff, stated that the awning and other remodeling was done after the applicant had moved into the retail space and a permit was not pulled until after it was already done. No one else spoke in favor or opposition. Public hearing was declared closed. William Sanders, board member, comments that the City currently has a lot of code violations and if the variance was granted the violations would continue and it would be perceived that the City condones the violations. Motion was made by Larry Walker, seconded by Jerry Haning to deny the variance of Article 4. 10,