LAWRENCE SIGN CODE BOARD OF APPEALS

MINUTES  DRAFT

JULY 1, 2004 - COMMENCING AT 6:35 P.M. PRIOR TO THE BOARD OF ZONING APPEALS MEETING, CITY COMMISSION MEETING ROOM, FIRST FLOOR, CITY HALL, SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS

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MEMBERS PRESENT: Mr. Santee, Mr. Hannon, Mr. Fizell, Mr. Goans, Mr. Hicks, Mr. Herndon and   Mr. Lane

STAFF PRESENT:  Mr. Walthall and Ms. Saker

 

ITEM NO. 1:   MINUTES  

No changes were requested to the minutes of the June 3, 2004 meeting.

 

Motioned by Mr. Hannon, seconded by Comm. Fizell to approve the minutes of the June 3, 2004 meeting as presented.

 

            Motion carried 5-0-2, with Mr. Hicks and Mr. Goans abstaining due to their absence from the June meeting.

 

ITEM NO. 2:   COMMUNICATIONS

There were no additional communications for the Commission.

 

No deferral requests and no ex parte communications were noted.

 

ITEM NO. 3:   THE LAWRENCE CATHOLIC SCHOOL @ CORPUS CHRISTI CAMPUS; 6001 W. 15TH STREET

 

SV-06-07-04:  A request for a variance from the provisions of Chapter 5, Article 7 (Signs), of the Code of the City of Lawrence, Kansas, 2003.  The request is to allow a 24 sq. ft. internally illuminated bulletin sign to be located along the property frontage of W. 15th Street near the west entrance to the campus complex.  Section 5-738.2 in the Sign Code establishes the rules for bulletin signs and business signs in residential districts.  Said Code provision allows only one sign or bulletin board to be placed on the same lot as the principal building unless it is a corner lot, which could then have one additional sign facing the other street the property fronts upon.  This request is for a second sign to be located along W. 15th Street.  Submitted by Tammy Moody with Luminous Neon, Inc. for The Lawrence Catholic School.

 

STAFF PRESENTATION

Mr. Walthall explained the Sign Code allowed the applicant to have two bulletin signs because this was a corner property, but required the signs to be placed on separate streets.  The applicant requested permission to place a second sign on W. 15th Street, claiming the allowed placement on George Williams Way was too far away from the school and its entrance to be useful. 

 

The existing sign was located at the church entrance, 440 feet from the second sign’s proposed location at the school entrance.  It was discussed that the property could be split, with the church on one lot and the school on another, which would allow a separate sign for each.

 

It was noted that the applicant requested internal illumination for the new sign, which would require a separate variance.  The Code specifically restricted lighting in this zoning district (RS-1) to reduce spillover lighting in residential areas.  It was discussed that the proposed sign would be placed perpendicular to the street, so the lighting would not directly face the residential homes across the street.

APPLICANT PRESENTATION

Pat Newton, Principal of Lawrence Catholic School, stated the existing bulletin sign was for the Corpus Christi Church, not the school, which was an associated use but had separate events and functions.  She explained the importance of notifying the public of specifically school-related events.

 

Ms. Newton also addressed the traffic safety issue of directing people to the school driveway entrance.  She said the proposed internal lighting was intended to make the sign more legible at night, when the school held many of its functions.  W. 15th Street was becoming a busy traffic way and it was critical to make the turn obvious at a distance.

 

Asked about external lighting, Ms. Newton explained indirect lighting was not the optimal choice for a crisp, clear appearance with this kind of sign (movable lettering).

 

Tammy Moody of Luminous Neon supported the claim that internal lighting made this kind of sign more legible at a distance.  She also felt internal lighting would create less spillover illumination, particularly noting the signs perpendicular orientation.

 

Ms. Moody explained the existing bulletin sign was relocated from the Church’s former location and was not well suited to its purpose here (not legible, especially at night).

 

Ms. Moody responded to questioning that the proposed internal lighting could be put on a timer so it would not be lit all night, but noted that a “dusk to dawn” restriction would be a problem, since many of the school’s activities took place in the evening hours.  She said a 10:00 p.m. restriction would be a reasonable compromise.

 

PUBLIC COMMENT

 

No member of the public spoke on this Item.

 

BOARD DISCUSSION

Mr. Goans indicated possible reasons for supporting the request, saying the area was quite large and that the timer would mitigate lighting concerns.  However, he referenced a previous action that allowed internal illumination for a church sign.  He said some members of the Board were “appalled” by the resulting sign and the Board had denied a similar request a short time later.  Mr. Goans felt strongly that the Board should choose a standard and stick to it.

 

It was discussed that the Code gives church uses several “privileges” and suggested that holding the property to the Code in this case was appropriate.

 

The Board discussed other internally lit signs on school properties and the importance of taking area traffic into concern.

 

Mr. Goans said internally lit signs on an arterial gave a visual impression of commercial development. He asked the Board to consider if that was an appropriate look to cultivate in this area.

 

Chairman Herndon pointed out the residential development across the street from the subject property was bermed to reduce the impact of traffic along W. 15th Street.  He suggested this would also mitigate the impact of internal or external lighting equally.

 

It was suggested the Board break the request into a series of votes.

 

 

 

ACTION TAKEN

Motioned by Mr. Goans, seconded by Mr. Fizell to approve a second bulletin sign located perpendicular to the street on W. 15th Street for Lawrence Catholic School, subject to the following condition:

 

1.      No other bulletin sign may be placed on the property without approval of an additional variance.

 

            Motion carried unanimously, 7-0.

 

BOARD DISCUSSION

The Board discussed internal illumination, with Mr. Hannon stating his strong support for lighting that would make the sign as legible as possible and asking if it was possible to state findings that would prevent future claims of precedent.

 

Other Board members expressed concern about the commercial appearance of internal signage.

 

ACTION TAKEN

Motioned by Comm. Fizell, seconded by Mr. Goans to deny the request for internal illumination of the second bulletin sign granted for Lawrence Catholic School, 6001 W. 15th Street.

 

            Motion failed to carry, 2-5, with Mr. Fizell and Mr. Goans voting in favor.  Mr. Hicks, Mr. Hannon, Mr. Santee, Mr. Lane and Chairman Herndon voted in opposition.

 

Motioned by Mr. Hicks, seconded by Mr. Lane to approve internal illumination for the second bulletin sign approved for Lawrence Catholic School, 6001 W. 15th Street, subject to the following conditions:

 

1.      Sign may be a maximum of 24 square feet in size; and

2.      Lighting shall be on a timer to cease at 10:00 p.m.

 

            Motion carried, 6-1, with Mr. Goans voting in opposition.

 

 

ITEM NO. 4:   MISCELLANEOUS

 

There was no other business to come before the Board.

 

ADJOURN  - 7:10 p.m.

 

Official minutes are on file in the Planning Department.