LAWRENCE SIGN CODE BOARD OF APPEALS AGENDA
OCTOBER 6, 2016 – 6:30 P.M., CITY COMMISSION MEETING ROOM, FIRST FLOOR OF CITY HALL, SIXTH AND MASSACHUSETTS STREET, LAWRENCE, KANSAS
CALL THE MEETING TO ORDER
TAKE ROLL CALL TO DETERMINE IF THERE IS A QUORUM OF MEMBERS PRESENT
Members present: Clark, Gardner, Gascon, Holley, Mahoney, Wilbur
Staff present: Ewert, Crick, Guntert, Walthall
ITEM NO. 1: MINUTES
Consider approval of the minutes from the March 3, 2016 meeting.
Motioned by Wilbur, seconded by Gascon, to approve the March 3, 2016 Sign Code Board minutes.
Motion carried 5-0-1, with Clark abstaining.
ITEM NO. 2: COMMUNICATIONS
There were no communications to come before the Board.
There were no abstentions.
There were no agenda items deferred.
ITEM NO. 3: DIGITAL GAS AND FUEL PRODUCT AND PRICE DISPLAY ON AN EXISTING GROUND SIGN/POLE MOUNTED AT THE BP STATION; 2301 LOUISIANA STREET
SV-16-00412: Consider a request for a variance from the Sign Code found in Chapter 5, Article 18, in the Code of the City of Lawrence, Kansas, 2015 edition. The request is from the specific provisions of Section 5-1841.6(D) which regulates the digital display of gas and fuel product and numeric price information incorporated into a ground/surface mounted (monument) sign in Commercial and Industrial Districts. The applicants request is to incorporate such digital display into an existing ground sign/pole mounted. The request is submitted for the BP Gasoline Station at 2301 Louisiana Street. The variance request was submitted by Virginia Baumgartner, with Luminous Neon for the property owner of record, Haag Properties, LLC.
STAFF PRESENTATION
Mr. Barry Walthall presented the item.
Wilbur asked where the 25% came from.
Mr. Walthall said it was an arbitrary number but that it was a national number. He said 25% may not be appropriate moving forward if other signs are permitted in the future. He said staff felt 25% was reasonable.
APPLICANT PRESENTATION
Ms. Virginia Baumgartner, Luminous Neon, and Mr. Gary Haag, property owner, said a variance was needed in order to not obstruct the traffic view. She said it would conform to all BP signs. She said the neon brightness would automatically drop 50% at night but that it could be dimmed lower manually if needed.
PUBLIC HEARING
No public comment.
BOARD DISCUSSION
Mahoney said the line of sight was tricky and he didn’t see any reason not to approve the sign variance.
Gardner said the variance represented safety on the corner and was a much nicer sign than the one before.
ACTION TAKEN
Motioned by Gardner, seconded by Wilber to approve Sign Code Variance, SV-16-00412, to allow digital gas or fuel price numeric information on an existing ground sign/pole mounted, with the following conditions:
1. Illumination of the digital price display is limited to .3 foot-candle relative to ambient light.
2. The variance does not transfer with a change of use of the property to a use that does not include gas or fuel sales.
3. The variance does not transfer upon any redevelopment of the property that would require site plan approval, as specified by City of Lawrence Code Section 5-1841.5(A):
5-1841.5 New pole signs prohibited in commercial and industrial districts; Repair/Replacement for existing signs.
(A) From and after March 14, 1995, the installation of a ground sign/pole mounted shall not be permitted on a commercial or industrially zoned lot. Provided, that the replacement or repair of a ground sign/pole mounted in existence on March 14, 1995 shall be allowed if the existing pole for the sign is not moved from its location on March 14, 1995 and the square footage of the sign surface area is not altered from that present on March 14, 1995. Provided, that any ground sign/pole mounted located on a tract of property with a site plan approved after June 12, 1995 that would be moved or altered, contemporaneous with site plan approval, in any manner, including the alteration of lettering, logo, or insignia on the surface area or configuration of the sign, shall be required to be removed within ninety (90) days of the approval of the site plan.
Unanimously approved 6-0.
Gascon left the meeting at 6:50pm
ITEM NO. 4: AREA MARKER SIGN VARIANCES FOR MONTEREY VILLAGE ASSISTED LIVING BY AMERICARE; 3901 PETERSON ROAD
SV-16-00413: Consider a request for variances from the Sign Code found in Chapter 5, Article 18, in the Code of the City of Lawrence, Kansas, 2015 edition. The requests are from the specific provisions of Section 5-1827(A)(1, 2, 3 & 5) which regulate maximum size, height, illumination and materials the area marker is made from. The requests are for the new assisted living complex located on the southwest corner of Monterey Way and Peterson road, which is addressed as 3901 Peterson Road. The variance requests were submitted by Neal Slattery with Americare for the property owner of record, Lawrence I, LLC.
STAFF PRESENTATION
Mr. Barry Walthall presented the item.
Mahoney asked if staff would determine the time for the lights.
Mr. Walthall said the recommendation was for the Sign Code Board to make the determination that timers be installed. He said changes could be made in the future if needed. He said the Sign Code had a regulation that stated 11:00pm in commercial districts.
Gardner asked if there would be indirect lighting on the bottom pointing up on the sign.
Mr. Walthall said yes, there would be a spotlight.
Gardner inquired about the visiting hours of this business. He suggested the lights stay on until closing time or 11:00pm if there was no closing time.
APPLICANT PRESENTATION
Mr. Neal Slattery, Americare, said the signs would be in a residential neighborhood but for a senior facility. He said the ground light in the front would only be 1’ tall.
Holley asked about the visiting hours.
Mr. Slattery said visiting hours were until 11:00pm.
PUBLIC HEARING
No public comment.
BOARD DISCUSSION
Mahoney felt all the criteria were met and he agreed with the variance.
Mr. Slattery said he was fine with 11:00pm for the timer on the lights.
Wilbur felt 11:00pm made perfect sense.
Gardner said it wasn’t that bright of a light.
ACTION TAKEN
Motioned by Wilbur, seconded by Holley, to approve the Sign Code Variance, SV-16-00413, to allow area markers at the proposed Peterson Road and Monterey Way locations to exceed 24 square feet in area, be indirectly illuminated with ground lights and to include aluminum graphics applied to brick sign structures; and for area marker at the proposed Monterey Way location to exceed 4 feet in height above the adjoining grade level, with the following condition:
• Install timers to turn off indirect ground sign illumination at 11:00 p.m.
Motion carried 5-0. Gascon was not present for the vote.
ITEM NO. 5: MISCELLANEOUS
a) Consider any other business to come before the Board.
Walthall said he received direction from City Commission to institute sign code review. He stated there was a Supreme Court ruling that greatly impacted sign codes across the United States and would impact Lawrence. He said the existing sign code would probably be completely replaced. He stated a draft would come before the Board of Zoning Appeals/Sign Code Board for review but that it would most likely be 3-6 months.
ADJOURN 7:19pm