WEBVTT 00:00:00.000 --> 00:00:12.800 cool technologies probably can we record on teams or something just so we have it 00:00:12.800 --> 00:00:15.520 i have an audio recording going on my phone 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 00:00:28.560 --> 00:00:33.520 all right so thirdly does the conditioner feature which creates the need for the variance 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 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 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 00:00:51.680 --> 00:00:57.440 that the entrance was in that location the single-family zoning districts were located where they 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 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 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 00:01:15.920 --> 00:01:22.160 adjustments that all three of those criteria actually were met as opposed to staff's conclusion 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 00:01:27.680 --> 00:01:33.600 personal convenience for financial hardship or reasons unrelated to the property uh now in this 00:01:33.600 --> 00:01:38.480 case there are reasons beyond solely convenience financial hardship or reasons unrelated to the 00:01:38.480 --> 00:01:43.120 property for which variance could be granted if all three of those previous criteria were met 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 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 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 00:01:58.560 --> 00:02:04.720 to the convenience property owner however again in order to approve zva would need to find 00:02:04.720 --> 00:02:09.680 differently than staff has that all three of those prior approval criteria were in fact met 00:02:09.680 --> 00:02:17.040 so with that as stated staff is recommending denial of the variance request however should you 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 00:02:22.320 --> 00:02:28.880 terms of how the variance could be granted consideration with that that is my presentation 00:02:28.880 --> 00:02:32.960 i'm happy to answer any questions excellent thank you thank you for your presentation 00:02:32.960 --> 00:02:37.520 um so do any board members have any questions for staff 00:02:37.520 --> 00:02:46.080 question so the distinction between single use or single family and multi family like 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 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 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 00:03:07.280 --> 00:03:12.080 districts that are technically zoned only for single family within our code they're considered 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 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 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 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 00:03:36.960 --> 00:03:41.040 so staff's interpretation was that based on the language the intent seemed to be primarily 00:03:41.040 --> 00:03:46.160 directed towards single family uses but also for residents in general and so the point is 00:03:46.160 --> 00:03:49.840 those buildings their entrances not necessarily facing towards the side 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 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 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 00:04:12.720 --> 00:04:19.840 signs are approved right now at this moment including oh sorry including the illuminated 00:04:19.840 --> 00:04:26.400 sign on the main entrance the illuminated sign facing carol is approved okay the sign facing 00:04:26.400 --> 00:04:32.320 west oak is approved as a non-illuminated silica okay thank you for the distinction 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 00:04:44.320 --> 00:04:51.360 presentation will uh will the applicant please present any evidence or are you supporting your 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 00:05:10.400 --> 00:05:14.880 to propose a illuminated sign on the main entrance for plains capital bank 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 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 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 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 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 00:05:47.680 --> 00:05:52.480 important because we have as you know visibility issues with those trees in the main entrance 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 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 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 00:06:08.800 --> 00:06:16.880 around them and um yes sorry any questions 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:10:35.760 --> 00:10:38.560 so 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:12:34.000 --> 00:12:40.160 issue involved when there will be additional lighting in that area could you explain how it 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 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 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 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 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 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 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 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 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 00:13:25.840 --> 00:13:33.680 all right are there any other questions for the applicant i believe that sorry 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:14:55.920 --> 00:15:02.000 that are in similar situations so independent financials on carroll facing out towards r3 on 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 00:15:06.880 --> 00:15:13.040 sierra bank kind of between oak and hickory doesn't and american national trust which is 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 00:15:20.560 --> 00:15:28.000 county so just wanted to add that data point appropriate totally appropriate next time let's 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 00:15:38.480 --> 00:15:44.800 okay thank you once thank you once again for every presentation thank you guys of course 00:15:44.800 --> 00:15:52.320 now that the applicant and the city have presented their testimony evidence and arguments is there 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 00:15:59.120 --> 00:16:03.760 mailing address you have four minutes to address the board unless otherwise specified by the chair 00:16:08.720 --> 00:16:15.840 okay after hearing all the testimony evidence and arguments and questions and and answers 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 00:16:21.120 --> 00:16:25.200 i will entertain further questions from the board for any of the parties or speakers 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 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 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 00:16:43.920 --> 00:16:51.920 phrase they use pardoning questions will go to hayley and myself so last call 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 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 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 00:17:21.120 --> 00:17:26.720 now deliberate inside on the various requests upon the completion of the board's deliberation 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 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 00:17:39.360 --> 00:17:45.120 backup including the staff's written analysis of the variance the applicant's narrative the 00:17:45.120 --> 00:17:51.040 testimony presented in the public hearing and the board's board consideration and evaluation 00:17:51.040 --> 00:17:57.040 of the requirements of the applicable standards from the code of ordinances the the board may 00:17:57.040 --> 00:18:04.000 either grant the variance the board shall not grant a variance to any applicant solely for 00:18:04.000 --> 00:18:09.360 personal convenience financial hardship or other reasons unrelated to the property if the board 00:18:09.360 --> 00:18:14.560 grants a variance the variance shall be granted only to the extent that is reasonably necessary 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 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 00:18:25.600 --> 00:18:31.200 conditions for a variance were met specify the degree to which the regulations are being varied 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 00:18:37.120 --> 00:18:44.000 variance if a variance is denied the decision shall state the conditions for the variance 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 00:18:50.560 --> 00:18:52.640 uh writing and signed by the chairperson 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 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 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 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 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 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 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 00:19:38.960 --> 00:19:43.760 it's up to the chair we can discuss and then make a motion um 00:19:43.760 --> 00:19:48.000 okay i think having a discussion then a motion would make more sense 00:19:48.000 --> 00:19:53.360 can we pull up the slide that you showed that yes 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 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 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 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 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 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 00:20:44.560 --> 00:20:48.080 and depriving them create hardship 00:20:48.080 --> 00:20:58.320 another question for council uh during previous deliberations of this board on the uh the prior 00:20:58.320 --> 00:21:03.440 meeting um we were told that granting that particular variance would in effect create 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. 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 00:21:16.960 --> 00:21:25.840 little bit different so cua pools was um actually appealing an administrative decision and so in 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 00:21:33.520 --> 00:21:40.000 would become how staff interpreted that piece of code going forward here this is different 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 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 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 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 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 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 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 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 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 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 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 00:23:08.720 --> 00:23:14.080 involved i think that somebody that goes to the expense of building a building and as 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 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 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 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 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 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 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 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 00:24:17.280 --> 00:24:25.920 code insight say that the development code in relation to site design standards like how 00:24:25.920 --> 00:24:31.680 something is landscaped or laid out does lend itself more towards those safety considerations 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 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 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 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 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 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 00:25:12.080 --> 00:25:17.360 we they're not seeing how that those three criteria have been accomplished okay 00:25:17.360 --> 00:25:27.440 that's a good question um and chair um if you feel like discussion has 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 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 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 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 00:25:50.480 --> 00:26:10.320 as is currently under construction yes actually that actually that that picture right there actually 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 00:28:46.000 --> 00:28:54.000 okay does anyone else want to add anything to the deliberation 00:28:54.000 --> 00:29:02.080 okay um so uh next i guess we are let me see 00:29:04.000 --> 00:29:10.560 a question uh for staff would i so are we motioning for the granting of variance 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 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 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 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 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 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 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 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 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 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 00:30:23.120 --> 00:30:26.720 for purposes of about three after the purpose of the vote 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 00:30:35.200 --> 00:30:41.040 we're voting to approve of this variance that would mean approving of the illuminated sign 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 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 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 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 00:31:17.440 --> 00:31:25.040 material to the building before the purchase was made and additionally the fact that there's 00:31:25.040 --> 00:31:31.200 several other banks right in this corridor that are all in compliance with the signage ordinance 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 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 00:32:00.240 --> 00:32:04.160 okay uh all who are against this variance go ahead raise your hand say aye 00:32:04.160 --> 00:32:14.960 okay six against okay so the request of the variance is denied okay 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 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 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 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 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 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 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 00:32:59.040 --> 00:33:07.040 adjourn this meeting at 6 21 p.m all right