1 00:00:00,000 --> 00:00:12,800 cool technologies probably can we record on teams or something just so we have it 2 00:00:12,800 --> 00:00:15,520 i have an audio recording going on my phone 3 00:00:15,520 --> 00:00:25,680 i'm fine with that it's still a public meeting okay good job thank you sorry sorry about that 4 00:00:28,560 --> 00:00:33,520 all right so thirdly does the conditioner feature which creates the need for the variance 5 00:00:33,520 --> 00:00:41,520 result from the property owner's acts in this case uh yes the property owner the original property 6 00:00:41,520 --> 00:00:47,200 owner constructed the building in the location it is where the entrance is where it was uh placed 7 00:00:47,200 --> 00:00:51,680 by the decision that property owner and the current property owner purchased it or leased it knowing 8 00:00:51,680 --> 00:00:57,440 that the entrance was in that location the single-family zoning districts were located where they 9 00:00:57,440 --> 00:01:03,360 were at that time our regulations were in place at that time so staff has to determine in this case 10 00:01:03,360 --> 00:01:08,480 the need for the variance is created by the result of the uh it is a result of the property owner's 11 00:01:08,480 --> 00:01:15,920 actions the fourth point that we consider is if you were to determine as the zoning board of 12 00:01:15,920 --> 00:01:22,160 adjustments that all three of those criteria actually were met as opposed to staff's conclusion 13 00:01:22,160 --> 00:01:27,680 then you would also need to determine that you were granting the variance not only not solely for 14 00:01:27,680 --> 00:01:33,600 personal convenience for financial hardship or reasons unrelated to the property uh now in this 15 00:01:33,600 --> 00:01:38,480 case there are reasons beyond solely convenience financial hardship or reasons unrelated to the 16 00:01:38,480 --> 00:01:43,120 property for which variance could be granted if all three of those previous criteria were met 17 00:01:43,120 --> 00:01:48,800 as discussed the topography of the property does impact where you can have an entrance and therefore 18 00:01:48,800 --> 00:01:54,320 the ability to have a lit sign above that entrance and there are benefits to having an eliminated 19 00:01:54,320 --> 00:01:58,560 sign above the entrance in terms of directing customers to your door that aren't solely related 20 00:01:58,560 --> 00:02:04,720 to the convenience property owner however again in order to approve zva would need to find 21 00:02:04,720 --> 00:02:09,680 differently than staff has that all three of those prior approval criteria were in fact met 22 00:02:09,680 --> 00:02:17,040 so with that as stated staff is recommending denial of the variance request however should you 23 00:02:17,040 --> 00:02:22,320 find differently from staff we have provided the decision that would need to be come to in 24 00:02:22,320 --> 00:02:28,880 terms of how the variance could be granted consideration with that that is my presentation 25 00:02:28,880 --> 00:02:32,960 i'm happy to answer any questions excellent thank you thank you for your presentation 26 00:02:32,960 --> 00:02:37,520 um so do any board members have any questions for staff 27 00:02:37,520 --> 00:02:46,080 question so the distinction between single use or single family and multi family like 28 00:02:46,880 --> 00:02:54,800 what i guess sort of confusing to me um is the ordinance just for single family or is it for 29 00:02:54,800 --> 00:02:58,320 multi-family so the ordinance what the ordinance says and i'm sorry i should have explained this 30 00:02:58,320 --> 00:03:07,280 more carefully was single family zoning districts or single family uses so in this case we have 31 00:03:07,280 --> 00:03:12,080 districts that are technically zoned only for single family within our code they're considered 32 00:03:12,080 --> 00:03:18,320 within that category of single family zoning but due to things that have happened prior to those 33 00:03:18,320 --> 00:03:23,680 aren't being put in place those properties which are zoned for single family are occupied by 34 00:03:23,680 --> 00:03:28,560 multi-family apartments so thank you i should express that more clearly so i think the ones on 35 00:03:28,560 --> 00:03:36,960 the hill yes the ones in your are technically zoned single family yes yes yes and just follow 36 00:03:36,960 --> 00:03:41,040 so staff's interpretation was that based on the language the intent seemed to be primarily 37 00:03:41,040 --> 00:03:46,160 directed towards single family uses but also for residents in general and so the point is 38 00:03:46,160 --> 00:03:49,840 those buildings their entrances not necessarily facing towards the side 39 00:03:49,840 --> 00:04:00,000 the is that a west facing that's on carol that can't that is approved for 40 00:04:00,000 --> 00:04:07,600 the illuminated signage that it's carol side is a yes right the other side or the 41 00:04:07,600 --> 00:04:12,720 manager side is approved for a non so we can still have a sign just kidding yes and both 42 00:04:12,720 --> 00:04:19,840 signs are approved right now at this moment including oh sorry including the illuminated 43 00:04:19,840 --> 00:04:26,400 sign on the main entrance the illuminated sign facing carol is approved okay the sign facing 44 00:04:26,400 --> 00:04:32,320 west oak is approved as a non-illuminated silica okay thank you for the distinction 45 00:04:34,080 --> 00:04:44,320 are there any other questions for the say staff okay um all right thank you again for your 46 00:04:44,320 --> 00:04:51,360 presentation will uh will the applicant please present any evidence or are you supporting your 47 00:04:51,360 --> 00:05:10,400 request okay thank you hi okay yeah oh my name is dina durgam here with ssc signs and mining 48 00:05:10,400 --> 00:05:14,880 to propose a illuminated sign on the main entrance for plains capital bank 49 00:05:17,360 --> 00:05:25,440 our our main point our need for the illuminated sign is we're putting an atm right below 50 00:05:25,440 --> 00:05:31,200 where the front entrance is and for us to have luminaries i think it's important to for safety 51 00:05:31,200 --> 00:05:36,560 um me growing up in the same in this area and going to umt i think there's a handful of safety 52 00:05:36,560 --> 00:05:42,640 measures email sent out to make sure we're taking extra measures and i know researching looking at 53 00:05:42,640 --> 00:05:47,680 atms it's always important to have adequate exterior signage around the atm and that's also 54 00:05:47,680 --> 00:05:52,480 important because we have as you know visibility issues with those trees in the main entrance 55 00:05:52,480 --> 00:05:57,200 they don't want to you know get rid of these trees they want to keep them there so the only 56 00:05:57,200 --> 00:06:02,160 thing we can do to maybe keep it more safety measures around the area is to propose a illuminated 57 00:06:02,160 --> 00:06:08,800 sign to create more exterior light for people who come at night to use the atm that feels safe 58 00:06:08,800 --> 00:06:16,880 around them and um yes sorry any questions 59 00:06:16,880 --> 00:06:27,600 and it's the same kind of photo that um sean opposed actually took this photo and where you 60 00:06:27,600 --> 00:06:34,320 see the um stairs their driveway is still i would say like two feet down so this is them walking out 61 00:06:34,320 --> 00:06:40,160 to the mailbox so they wouldn't see the sign at all even if they like you said even if they walked 62 00:06:40,160 --> 00:06:44,240 up there is some trees they might see it but it won't cause any obstruction to them i believe 63 00:06:44,240 --> 00:06:50,800 and according to the bank administration institute most dangerous hours of atm are from 7 p.m to 64 00:06:50,800 --> 00:06:59,520 midnight so us proposing a sign illuminate sign in that area will keep customers safe you know able 65 00:06:59,520 --> 00:07:04,960 to use atm and notice and it's not visible like i said not visible at all the tree we blocking most 66 00:07:04,960 --> 00:07:09,760 of the light from the sign and the neighboring houses are very long driveways so i walked all 67 00:07:09,760 --> 00:07:15,840 around here and like he said there is across the street multi-family they also have multiple trees 68 00:07:15,840 --> 00:07:20,480 blocking it's really really hard to even see the front of the entrance at that point for plains 69 00:07:20,480 --> 00:07:29,120 capital bank and another issue we want to kind of talk about is they have a competitor um state 70 00:07:29,120 --> 00:07:34,160 bank has the bigger advantage their sign i mean their building is huge and their sign is visible 71 00:07:34,160 --> 00:07:38,880 from the street from any location they come from plans capital bank depending on which street to 72 00:07:38,880 --> 00:07:44,640 come down it's really really hard as you can tell even this the east elevations you can barely see 73 00:07:44,640 --> 00:07:50,960 it's walking throughout the side and the front so having illuminate sign can you know invite 74 00:07:50,960 --> 00:07:57,040 customers knowing that this is a bank that there is an atm there they're able to use it and 24/7 75 00:07:57,040 --> 00:08:05,520 and feel safe as they approach that location so i just want to kind of conclude why lighting is 76 00:08:05,520 --> 00:08:09,280 kind of important a little bit of lighting can make a big difference it could give a company an 77 00:08:09,280 --> 00:08:14,080 edge over the local competition we want to make it possible for customers to see the business at 78 00:08:14,080 --> 00:08:18,880 night time to help create an inviting atmosphere if your business is new it can also help to reassure 79 00:08:18,880 --> 00:08:25,920 some customers that you're not applied by night organization and we are here to stay so that's 80 00:08:25,920 --> 00:08:30,960 kind of concluding what we're kind of going for more of like safety measures for people at night 81 00:08:30,960 --> 00:08:41,200 um yeah thank you for your presentation um do any board members have any questions for the applicant 82 00:08:41,200 --> 00:08:47,840 uh yes i have a question um because of safety and i walk that area all the time i have family living 83 00:08:47,840 --> 00:08:57,600 on oak so i'm very familiar with driving and walking it and all days yeah and how would an 84 00:08:57,600 --> 00:09:06,400 illuminated sign on the building add light why not just put lights on the building there is 85 00:09:06,400 --> 00:09:12,400 any parking lights every day but i think standing in front of the atm having light right it it 86 00:09:12,400 --> 00:09:16,800 creates more light shown so if someone walking by like someone's walking on the street they can see 87 00:09:16,800 --> 00:09:23,920 you or but lights on the building right i mean so i mean you're doing signs i understand that and 88 00:09:23,920 --> 00:09:31,040 that's not anything else right i'm not sure that i'm seeing the safety part of it so could you 89 00:09:31,040 --> 00:09:38,800 explain that a little bit more um i mean i get where your point is maybe to add external lights 90 00:09:38,800 --> 00:09:42,880 but i don't know the extent of property and where they can have these lights and where exactly the 91 00:09:42,880 --> 00:09:47,440 lights are i think just having we already have a sign up there i think just having the light sign 92 00:09:47,440 --> 00:09:51,360 light i think that creates an adequate light right around the atm except putting you know multiple 93 00:09:51,360 --> 00:09:55,840 lights all around the building i mean you have the front building i have the side building both 94 00:09:55,840 --> 00:10:00,400 illuminated plus the parking lot so that creates all around i think light all around the building 95 00:10:00,400 --> 00:10:05,760 all around the exterior ends of the atm so they have lights all around even on top i think that 96 00:10:05,760 --> 00:10:13,520 creates more of lighting all the way around for them okay i saw another hand raised uh member 97 00:10:13,520 --> 00:10:21,840 i was wondering on the atm do you know where it's going to be in location to the bank the actual 98 00:10:21,840 --> 00:10:27,040 building yes it's actually yeah it's already there so um it's going to be oh i'm just had the 99 00:10:27,040 --> 00:10:32,560 drawings up it's going to be i think it was on a previous yeah yeah i was gonna say you can pull it up 100 00:10:35,760 --> 00:10:38,560 so 101 00:11:05,760 --> 00:11:10,240 i checked with the you know client they're gonna have like parking lights i just know that general 102 00:11:10,240 --> 00:11:14,000 air is very very dark even with those lights around i think it still creates really a lot of 103 00:11:14,000 --> 00:11:20,560 darkness a lot of trees which i think shadows it and makes it darker than it should be but so it's 104 00:11:20,560 --> 00:11:26,240 right actually in it's right on the outside of the bank correct on the left side of the correct 105 00:11:26,240 --> 00:11:32,080 correct yes so i can go right here see this word this uh green areas they have a wall it's all in 106 00:11:32,080 --> 00:11:36,160 there now we actually did this around today so should be up there to be able to see if you drove 107 00:11:36,160 --> 00:11:42,400 by tomorrow morning should be in place so yeah so do you know if they have any exterior lighting 108 00:11:42,400 --> 00:11:50,240 already planned for that atm they the atm has just so i know the atm so this area on the atm if you 109 00:11:50,240 --> 00:11:54,880 can see which is placed down that's the only area that would really light okay and that's on the 110 00:11:54,880 --> 00:12:00,480 closet that's not gonna create enough light for i feel for us to feel there and feel safe going up 111 00:12:00,480 --> 00:12:05,920 there especially as we said at night time and you know beyond the hours of seven when crime is a 112 00:12:05,920 --> 00:12:15,200 little bit higher than normal so thank you uh i have a question for you in your previous slide 113 00:12:15,200 --> 00:12:21,520 that you had up you were saying the light would be very negligible from far away but then you're 114 00:12:21,520 --> 00:12:27,600 talking about a safety concern which it seems like you could have one or the other but if you're not 115 00:12:27,600 --> 00:12:34,000 going to see much light out of that illuminated sign i don't really see how there's a real safety 116 00:12:34,000 --> 00:12:40,160 issue involved when there will be additional lighting in that area could you explain how it 117 00:12:40,160 --> 00:12:44,880 can be both yeah i think that more ties into visibility too like i said there this area is 118 00:12:44,880 --> 00:12:51,600 filled with trees i think just it sign to be lit people know that it's a bank it's open you know 119 00:12:51,600 --> 00:12:56,560 what i mean i think having the sign sign lit up i actually can see on the on the on the roadway 120 00:12:56,560 --> 00:13:00,400 when people coming up the street what you know they can't see that because it's first of all 121 00:13:00,400 --> 00:13:04,800 signs not lit up it's blocked by a tree so i think just having that sign lit up they can see oh yeah 122 00:13:04,800 --> 00:13:08,720 it's you know it looks like it's a bank it looks like you know there we can see you know i think 123 00:13:08,720 --> 00:13:14,240 without having light they're not illuminated you can't tell that's a sign there at night it's really 124 00:13:14,240 --> 00:13:18,960 dark like so it's really dark in that area i think just having that sign lit you can people know it's 125 00:13:18,960 --> 00:13:23,520 a bank that they're coming to a bank and they're not questioning it that makes sense 126 00:13:25,840 --> 00:13:33,680 all right are there any other questions for the applicant i believe that sorry 127 00:13:33,680 --> 00:13:39,840 that first day banking reference i don't know is that an illuminated i think it's those are 128 00:13:39,840 --> 00:13:44,720 not illuminated like the first day bank that you mentioned the crosswalk adjacent i think both of 129 00:13:44,720 --> 00:13:52,240 those are not illuminated as well so there's a street yeah i don't know the other bank that 130 00:13:52,240 --> 00:13:57,120 you reference yes there's no limited but they you know they have their own a huge most the tallest 131 00:13:57,120 --> 00:14:01,440 building in the area so i think that i mean they have visibility i think that but we're in in 132 00:14:01,440 --> 00:14:05,520 issues with if you don't have visibility for the trees we can't like you said we can't move the 133 00:14:05,520 --> 00:14:11,280 and they're making another entrance for them and on top of that we have you know we we take it to 134 00:14:11,280 --> 00:14:15,040 the side i think that's the most thing even when i went out there i walked all the way around it's 135 00:14:15,040 --> 00:14:20,480 those streets don't do justice those look a lot more yeah they're more even more covered in person 136 00:14:20,480 --> 00:14:24,320 and they're all the way around i know that we have when i went up there i could barely see that sign 137 00:14:24,320 --> 00:14:29,840 and i'm standing like down the street so i think had not limited sign people you know walking up 138 00:14:29,840 --> 00:14:33,840 the street like you know at nigh or anything they can see that this is a bank and that it's open and 139 00:14:33,840 --> 00:14:38,000 there's an atm there's more inviting right now when it's dark i don't feel like people be feel 140 00:14:38,000 --> 00:14:42,880 invited to come to use the atm that won't feel safe i would feel not safe there wasn't adequate 141 00:14:42,880 --> 00:14:49,760 light around like the atm especially in a dark area where there's bunches of trees so i remember 142 00:14:49,760 --> 00:14:55,920 ray i think yeah i'll just add on there i drove around last night looking at banks in the area 143 00:14:55,920 --> 00:15:02,000 that are in similar situations so independent financials on carroll facing out towards r3 on 144 00:15:02,000 --> 00:15:06,880 the other side they don't have an illuminated sign on that side of the building first aid bank doesn't 145 00:15:06,880 --> 00:15:13,040 sierra bank kind of between oak and hickory doesn't and american national trust which is 146 00:15:13,760 --> 00:15:20,560 just down the road also does not have it on the side of the faces in towards residential 147 00:15:20,560 --> 00:15:28,000 county so just wanted to add that data point appropriate totally appropriate next time let's 148 00:15:28,000 --> 00:15:35,760 wait for deliberations but you're good are there any other questions the board has for our applicants 149 00:15:38,480 --> 00:15:44,800 okay thank you once thank you once again for every presentation thank you guys of course 150 00:15:44,800 --> 00:15:52,320 now that the applicant and the city have presented their testimony evidence and arguments is there 151 00:15:52,320 --> 00:15:59,120 anyone who wishes to speak regarding this variance if so please come forward and state your name and 152 00:15:59,120 --> 00:16:03,760 mailing address you have four minutes to address the board unless otherwise specified by the chair 153 00:16:08,720 --> 00:16:15,840 okay after hearing all the testimony evidence and arguments and questions and and answers 154 00:16:15,840 --> 00:16:21,120 as well as hearing from all those desiring to speak in support and in opposition to the appeal 155 00:16:21,120 --> 00:16:25,200 i will entertain further questions from the board for any of the parties or speakers 156 00:16:25,200 --> 00:16:32,160 and sure if i may yes the next step is to move into the deliberation phase where we're not really 157 00:16:32,160 --> 00:16:38,880 taking any more testimony so for the cleanest of approaches we're going to ask that any questions 158 00:16:38,880 --> 00:16:43,920 you would want to direct at sean or the applicant yes now and that once we enter the deliberation 159 00:16:43,920 --> 00:16:51,920 phrase they use pardoning questions will go to hayley and myself so last call 160 00:16:51,920 --> 00:16:59,680 yeah any uh any questions before we move on to the deliberation the only question i have is we 161 00:16:59,680 --> 00:17:06,000 still be able to go through both of their presentations just the materials themselves just not absolutely 162 00:17:06,000 --> 00:17:21,120 okay okay so now um i guess in a hearing none i now close the public hearing uh the board will 163 00:17:21,120 --> 00:17:26,720 now deliberate inside on the various requests upon the completion of the board's deliberation 164 00:17:26,720 --> 00:17:32,960 the board shall render an unbiased decision on the record and and supported by reasons in finding a 165 00:17:32,960 --> 00:17:39,360 fact and in considering the appeal of this board shall consider the facts and information the agenda 166 00:17:39,360 --> 00:17:45,120 backup including the staff's written analysis of the variance the applicant's narrative the 167 00:17:45,120 --> 00:17:51,040 testimony presented in the public hearing and the board's board consideration and evaluation 168 00:17:51,040 --> 00:17:57,040 of the requirements of the applicable standards from the code of ordinances the the board may 169 00:17:57,040 --> 00:18:04,000 either grant the variance the board shall not grant a variance to any applicant solely for 170 00:18:04,000 --> 00:18:09,360 personal convenience financial hardship or other reasons unrelated to the property if the board 171 00:18:09,360 --> 00:18:14,560 grants a variance the variance shall be granted only to the extent that is reasonably necessary 172 00:18:14,560 --> 00:18:20,240 to the remedy of the hardship the board may impose conditions relating to the use of the sign for 173 00:18:20,240 --> 00:18:25,600 which a variance is granted if the board grants a variance the decision shall state that all 174 00:18:25,600 --> 00:18:31,200 conditions for a variance were met specify the degree to which the regulations are being varied 175 00:18:31,200 --> 00:18:37,120 and be signed by the numbers voting in favor of the variance and the second option is to deny the 176 00:18:37,120 --> 00:18:44,000 variance if a variance is denied the decision shall state the conditions for the variance 177 00:18:44,000 --> 00:18:50,560 which were not met all decisions of the board granting or refusing a variance shall be reduced to 178 00:18:50,560 --> 00:18:52,640 uh writing and signed by the chairperson 179 00:18:52,640 --> 00:19:00,640 okay um i guess it's a deliberation in motion in your deliberation i consider the basis for 180 00:19:00,640 --> 00:19:07,440 the request and staff analysis for the criteria for approval of the variance a reminder uh for 181 00:19:07,440 --> 00:19:14,640 whoever is making the motion uh robert's rules uh which have been adapted adopted by the city 182 00:19:14,640 --> 00:19:20,560 council estate motions are to be in the affirmative form of the question being considered by the board 183 00:19:20,560 --> 00:19:25,360 making a motion to approve does not mean the person making the motion is an agreement with 184 00:19:25,360 --> 00:19:30,720 the motion and the board member is not required to vote in favor of a motion made by them 185 00:19:32,720 --> 00:19:38,960 all right uh is there any motion right discussion oh do we need motion in the discussion 186 00:19:38,960 --> 00:19:43,760 it's up to the chair we can discuss and then make a motion um 187 00:19:43,760 --> 00:19:48,000 okay i think having a discussion then a motion would make more sense 188 00:19:48,000 --> 00:19:53,360 can we pull up the slide that you showed that yes 189 00:19:55,360 --> 00:20:02,960 can i ask a question i'm not sure the the i think the question about safety 190 00:20:02,960 --> 00:20:08,320 i mean or the point about safety is a is a good point is there i don't i don't recall seeing 191 00:20:08,320 --> 00:20:16,880 anything like that in any of these criteria how should we think about that the safety components 192 00:20:16,880 --> 00:20:25,680 yeah that mentions you with the light a little lighting the right right so um as the board's 193 00:20:25,680 --> 00:20:35,040 council um i would say that where you would weigh that um would be remembering that this is about 194 00:20:35,040 --> 00:20:42,640 um a sign first but then you can decide whether some of the benefits of having illumination 195 00:20:44,560 --> 00:20:48,080 and depriving them create hardship 196 00:20:48,080 --> 00:20:58,320 another question for council uh during previous deliberations of this board on the uh the prior 197 00:20:58,320 --> 00:21:03,440 meeting um we were told that granting that particular variance would in effect create 198 00:21:03,440 --> 00:21:09,120 a license for variances of that type in the future does the same apply in this case i.e. 199 00:21:10,400 --> 00:21:16,960 if this various variance is granted that are you talking about the cua pools yes okay this is a 200 00:21:16,960 --> 00:21:25,840 little bit different so cua pools was um actually appealing an administrative decision and so in 201 00:21:25,840 --> 00:21:33,520 that instance if the board had said staff you got it wrong um because of reasons that um decision 202 00:21:33,520 --> 00:21:40,000 would become how staff interpreted that piece of code going forward here this is different 203 00:21:40,000 --> 00:21:47,280 here this is a very site specific evaluation of a pretty narrow request and you have three criteria 204 00:21:47,280 --> 00:21:53,920 if you decide that they're there then um it could be appropriate to grant the variance 205 00:21:53,920 --> 00:22:01,920 the variance only applies to that sign on that property and does not change how the sign code 206 00:22:03,040 --> 00:22:14,160 works going forward following that up um would a grandfather in if it's that sign that building 207 00:22:14,160 --> 00:22:23,120 and the bank sells and it becomes another no so it's just that sign that building this instance 208 00:22:23,120 --> 00:22:29,280 and the reason for that is because our sign code doesn't have a uh relocation provision basically 209 00:22:29,840 --> 00:22:37,120 so the plains capital sign would be removed and the in and out burger sign would need to be added 210 00:22:37,120 --> 00:22:43,920 okay and it would have to go through the whole thing okay all right let me let me ask you a 211 00:22:43,920 --> 00:22:54,160 question uh to me it seems that the lit sign is more of a convenience issue nowhere uh you know 212 00:22:54,720 --> 00:23:01,280 in what we're looking at it as a reason to approve it it seems generally it's a convenience for 213 00:23:01,280 --> 00:23:08,720 people using they team machine which i certainly understand that but as far as the safety issue is 214 00:23:08,720 --> 00:23:14,080 involved i think that somebody that goes to the expense of building a building and as 215 00:23:14,080 --> 00:23:23,360 as far as long as it is would be addressing safety issues before it gets down to a internally lit 216 00:23:23,360 --> 00:23:31,600 sign that if if this was to me a true safety issue if this would be addressed a lot earlier 217 00:23:31,600 --> 00:23:37,360 in the in the prospect of hey we have a real safety concern here we need to address this 218 00:23:37,360 --> 00:23:42,560 before we dump x amount of dollars into building and we're not able to do what we want 219 00:23:45,120 --> 00:23:55,120 what are your what is the dentons uh philosophy on this on safe on safety uh it's not in there 220 00:23:55,120 --> 00:24:01,120 is one of the main concerns or something we should be okay so you've asked a really good 221 00:24:01,120 --> 00:24:08,880 question and i'm going to hedge you a little bit because the precursor to your question was um 222 00:24:10,160 --> 00:24:17,280 something for you to say and not for me to have an opinion on um healy do you have any development 223 00:24:17,280 --> 00:24:25,920 code insight say that the development code in relation to site design standards like how 224 00:24:25,920 --> 00:24:31,680 something is landscaped or laid out does lend itself more towards those safety considerations 225 00:24:31,680 --> 00:24:39,040 the sign code not so much um i'm not aware of any provisions in the sign code directly related to 226 00:24:39,040 --> 00:24:43,440 safety other than like i said some of the some of the intent of the code speaks to preventing 227 00:24:43,440 --> 00:24:46,800 visual clutter that would like block the view of motorists and things like that that would be 228 00:24:46,800 --> 00:24:54,960 public safety related on the roadways yeah so it's mostly public safety within that area whereas 229 00:24:54,960 --> 00:25:03,600 the contention of um the reason is before the board is that there's an inherent safety that 230 00:25:03,600 --> 00:25:12,080 having this line that's what the document has stated okay and um staff's case is that um it's 231 00:25:12,080 --> 00:25:17,360 we they're not seeing how that those three criteria have been accomplished okay 232 00:25:17,360 --> 00:25:27,440 that's a good question um and chair um if you feel like discussion has 233 00:25:28,560 --> 00:25:33,520 softened up go ahead and ask for a motion okay um i guess there was one thing i wanted to add 234 00:25:33,520 --> 00:25:38,880 i actually well when i was running errands i was actually kind of in that neighborhood so i decided 235 00:25:38,880 --> 00:25:43,040 you know what i'll just park by the like the building across and just take a walk around 236 00:25:43,040 --> 00:25:49,520 and um i and i did and actually um if you can pull up the picture of like the front of the bank 237 00:25:50,480 --> 00:26:10,320 as is currently under construction yes actually that actually that that picture right there actually 238 00:26:10,320 --> 00:26:18,000 um so i actually uh walked around and it doesn't it kind of looks small in that picture but that um 239 00:26:18,000 --> 00:26:24,240 i guess the leaves of that tree are actually quite they kind of block a lot of like the front top 240 00:26:24,240 --> 00:26:30,160 and i actually kind of i walked around i walked i didn't go into the apartment complex because 241 00:26:30,160 --> 00:26:35,520 that's a private property obviously can't have i can't trespass for the sake of the board um but 242 00:26:35,520 --> 00:26:42,640 i did a walk the perimeter facing oak street and i did see that from no matter the angle i sit at 243 00:26:42,640 --> 00:26:48,080 at least from the opposite side i can see that the leaves of the tree kind of blocked that front 244 00:26:48,080 --> 00:26:53,360 top and then of course i walked to the uh i guess you would call it the left side of the building 245 00:26:53,360 --> 00:26:59,280 too and i did see while there were a couple of apartments that could potentially see that sign 246 00:26:59,280 --> 00:27:08,080 most of the ones on that side are obstructed by trees on the apartment side um and only to 247 00:27:08,640 --> 00:27:15,280 talk about the leaf and the leaf cover the tree cover right wintertime that's true and until you 248 00:27:15,280 --> 00:27:22,160 don't sorry you don't know um if that tree's gonna live that is true because we just stormed we lost 249 00:27:22,160 --> 00:27:29,920 three huge trees in our house that is true and actually on the plains capital um presentation 250 00:27:29,920 --> 00:27:39,520 there was from carol actually there was a view from carol of both both sides sort of what or was 251 00:27:39,520 --> 00:27:48,080 that your yeah if we might have that one as well and share if you want to acknowledge yeah okay um 252 00:27:48,080 --> 00:28:07,760 after you made i submitted a exhibit with all angles of the of the um yeah yeah yeah yeah 253 00:28:07,760 --> 00:28:15,920 right because you know i'm driving down all the time yeah i mean my thing is on this one's 254 00:28:15,920 --> 00:28:25,120 specifically coming from carol we're on carol here is that south on carol or whatever yeah you had 255 00:28:25,120 --> 00:28:31,600 south yeah i don't really think the illuminated sign is going to draw from that angle personally 256 00:28:31,600 --> 00:28:38,480 i think actually side facing carol is more visible and it's not this is not great here 257 00:28:38,480 --> 00:28:46,000 just the location is a great sight line to be honest with yourself okay yeah that was the picture 258 00:28:46,000 --> 00:28:54,000 okay does anyone else want to add anything to the deliberation 259 00:28:54,000 --> 00:29:02,080 okay um so uh next i guess we are let me see 260 00:29:04,000 --> 00:29:10,560 a question uh for staff would i so are we motioning for the granting of variance 261 00:29:10,560 --> 00:29:17,360 or should we discuss this part of it yeah that's up to the board um if someone feels so moved to 262 00:29:17,360 --> 00:29:22,960 make a motion and if it gets a second then there can be further discussion of the merits of the 263 00:29:22,960 --> 00:29:28,880 motion okay it does need to be an affirmative motion is that correct i think that's what we 264 00:29:28,880 --> 00:29:36,000 have right that's what it said it would need to be right so for to satisfy my lawyerly heart of 265 00:29:36,000 --> 00:29:40,560 procedural goodness let's phrase it in the affirmative so let's go ahead and phrase the 266 00:29:40,560 --> 00:29:49,280 motion as if we are going to approve it and if that motion fails um then that functions as a 267 00:29:49,280 --> 00:30:02,480 denial it's clunky but um technically the motion for the approval of the variance okay um does 268 00:30:02,480 --> 00:30:09,440 anyone would anyone second that motion i just want to make sure yes that's what we were looking 269 00:30:09,440 --> 00:30:16,240 for to to enable some discussion so that we can make so that we can take action to vote on it yes 270 00:30:16,240 --> 00:30:23,120 you're not required to agree with the motion okay um i'll second that motion okay excellent 271 00:30:23,120 --> 00:30:26,720 for purposes of about three after the purpose of the vote 272 00:30:26,720 --> 00:30:35,200 and so that we're clear to make sure we know specifically what we're voting for um so when 273 00:30:35,200 --> 00:30:41,040 we're voting to approve of this variance that would mean approving of the illuminated sign 274 00:30:41,600 --> 00:30:56,800 on that being within 200 feet or less than 200 feet okay um all fit uh all for those in favor of 275 00:30:56,800 --> 00:31:05,520 variance can we do further discussion oh sorry yeah go ahead we can go back um i i think i'll 276 00:31:05,520 --> 00:31:10,880 be voting uh in denial of this i believe that this can be properly remediated through uh 277 00:31:11,760 --> 00:31:17,440 maybe enhanced parking lot lighting um as well as the fact that this is a problem that was 278 00:31:17,440 --> 00:31:25,040 material to the building before the purchase was made and additionally the fact that there's 279 00:31:25,040 --> 00:31:31,200 several other banks right in this corridor that are all in compliance with the signage ordinance 280 00:31:31,200 --> 00:31:50,160 okay um all right very well um further discussion is there any further discussion uh regarding this 281 00:31:50,160 --> 00:31:58,080 variance okay um all all right for those all in favor uh go ahead raise your hand say aye 282 00:32:00,240 --> 00:32:04,160 okay uh all who are against this variance go ahead raise your hand say aye 283 00:32:04,160 --> 00:32:14,960 okay six against okay so the request of the variance is denied okay 284 00:32:14,960 --> 00:32:23,200 next on the agenda is concluding items are there any concluding items before we close the meeting 285 00:32:25,600 --> 00:32:30,320 i guess if there's none from the before um we do have a couple of other items pending for you also 286 00:32:30,320 --> 00:32:36,320 i wanted to um generally see if we'd be like are you all available for the standard july 22nd 287 00:32:36,320 --> 00:32:40,560 meeting that's on your calendar or is that date um if it's particularly problematic for anyone 288 00:32:40,560 --> 00:32:44,640 just want to make sure we know in advance so we can survey the group to try to find an alternate 289 00:32:44,640 --> 00:32:53,680 date in july yeah i'll be here if we need an alternate i think we should work okay thank you 290 00:32:53,680 --> 00:32:59,040 all okay excellent uh hearing no items uh other than the one that we just had uh i 291 00:32:59,040 --> 00:33:07,040 adjourn this meeting at 6 21 p.m all right