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 All right good evening Haley Skirsky assistant planning director after determining the report

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 was present I will call this meeting of the city of Denton Zoning Board of Adjustment

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00:00:14,440 --> 00:00:15,440
 into session.

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 The Zoning Board of Adjustment of the city of Denton Texas will convene a regular meeting

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 at 5 30 p.m.

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 Item number one on our agenda is the Pledge to the United States and Texas Proposal.

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 I pledge allegiance to the flag of the United States of America and to the republic for

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 which it stands one nation under God indivisible with liberty and justice for all.

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 On behalf of the Texas flag I pledge allegiance to the Texas one state under God one indivisible.

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 Next I will call item 2A which is to elect an acting chair for the Zoning Board of Adjustments

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 July 22nd meeting so we will make a motion to elect Connor Hall.

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 I second.

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 All right we have a first and a second all in favor say aye.

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 Aye.

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 Okay my name is Connor Hall I am serving as the chair of zoning of the Zoning Board of

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 Adjustment of the city of Denton for this evening's meeting.

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 Prior to commencing our hearing I would like to review our meeting format for the benefit

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 of those in attendance.

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 The board consists of seven regular members and three alternates.

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 The members of the Zoning Board of Adjustment are residents of the city of Denton.

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 We serve voluntarily and have been appointed to our positions by the city council.

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 It takes six votes to authorize a variance from the city zoning or sign ordinances.

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 If there are any members of the public who wish to speak on item please fill out a blue

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 card and hand it to Lacey.

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00:01:56,760 --> 00:02:00,680
 We will now commence with our regularly scheduled agenda.

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 Item number 2B is ZBA 24-007 consider the approval of the June 24, 2024 minutes.

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 Each member of the board has been provided with a copy of these minutes.

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 Are there any corrections, additions or deletions to these minutes?

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 I think the only question I had was that I didn't see Connor Tain as being the acting

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 chair last time.

31
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 You do like a motion to approve with the amendment that Connor be shown as the chair.

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 That's awesome.

33
00:02:36,000 --> 00:02:37,000
 Perfect.

34
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 Do you need a second to his motion?

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 I need a motion, a motion to approve with the amendment to the name.

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 Okay, I'll make the second.

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 All in favor of approving the minutes with the amendment made by member Redwood.

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 Are you good with that?

39
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 Yes.

40
00:03:04,240 --> 00:03:05,240
 Okay.

41
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 The minutes have been approved.

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 Let's see.

43
00:03:07,240 --> 00:03:08,240
 Okay.

44
00:03:08,240 --> 00:03:09,240
 I'm sorry.

45
00:03:09,240 --> 00:03:16,920
 I guess I'm going to need to write that down.

46
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 Lacey's got it.

47
00:03:17,920 --> 00:03:18,920
 Oh, perfect.

48
00:03:18,920 --> 00:03:19,920
 If you want to fill it out, you can, but Lacey's got it.

49
00:03:19,920 --> 00:03:22,920
 Okay.

50
00:03:22,920 --> 00:03:31,040
 We are having two signed variance hearings tonight, items B24-0037 and B24-0038.

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 In the interest of time, I will swear in all witnesses at this time, will all witnesses

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 who will provide testimony of today's hearing, please stand and raise your right hand.

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 Make sure it ... All right, go ahead, if you're able, of course.

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 Under penalty of pre-jury, do you swear or affirm that any testimony or information that

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 you provide or any statement that you make before this board is complete, true, and correct

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 to the best of your knowledge and ability?

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 If so, please answer, "I do."

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 I do.

59
00:04:10,560 --> 00:04:11,560
 Okay.

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 If there are any witnesses who is unable or unwilling to take this oath, no?

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 No.

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 All right.

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 It's not showed today.

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 Excellent.

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 In order to ensure an orderly meeting, the hearing procedure for each variance will be

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 as follows.

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 No person shall talk unless they are recognized by the chair to speak and then shall only

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 speak from the podium.

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 First, the city's presentation and questions from the board.

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 Next, applicant presentation and questions from the board.

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 After the parties have finished their presentations, members of the public may speak on the item.

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 Finally, the board may ask any follow-up questions of staff or applicant that were raised by

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 the public and not previously answered.

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 After the inclusion of the evidence, I will close the public hearing.

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 All right.

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 So item number 3A is V24-0037, "Hold a public hearing and consider variance requests from

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 Chapter 33 signs and advertising devices of the Code of Ordinances," specifically Section

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 33.14.2(b)(1) as it relates to the maximum effective area and maximum height of a ground

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 sign permitted along I-35E located on an approximately 0.7 acre property, 555 feet from the intersection

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 of William B. Miller Parkway and South I-35E, V24-0037 DME Old West Cafe, map voting.

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 The matter before the board is whether to grant the variance to the city's sign ordinance.

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 I now open the hearing.

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00:06:02,520 --> 00:06:04,240
 Good evening, board.

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 As mentioned, here to present a sign variance for the Old West Cafe sign and the applicants

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 for this.

86
00:06:16,840 --> 00:06:17,840
 All right.

87
00:06:17,840 --> 00:06:18,840
 Yes.

88
00:06:18,840 --> 00:06:27,480
 So here to present a sign variance for Old West Cafe sign, the applicant in this case

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 is Denton Municipal Electric.

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 As mentioned, this sign is located at a property along the frontage road of I-35 south of the

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 intersection of William Parkway.

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00:06:43,480 --> 00:06:51,240
 The conditions that led to the sign variance in question started with TechStop's lighting

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 project of I-35.

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 In the process of doing that, they required DME to relocate the utilities following a

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 unique process that's not normal for what this kind of work is that would require the

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 DME to place overhead power lines.

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 In the process of DME planning through the placement of those overhead power lines, they

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 did find that this sign was too close to where the power lines would be.

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 There is safety and OSHA regulations regarding how close structures and people, non-certified

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 electricians can be to those lines, so this sign was deemed too close.

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 As such, DME worked with the property owners to relocate that sign of the same height and

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 area as it currently exists to a location about 15 feet away from the property on the

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 outside, a 10-foot zone that was required by the codes.

104
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 In the process of receiving or submitting for the sign permits for this sign, it had

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 to be considered as a new sign permit.

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 The sign co-ordinates didn't contemplate what to do in this case when there is a previously

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 approved sign that was legal upon installation but has become out of conformity with the

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 passage of new co-ordinates after the signs were replaced.

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 The sign co-ordinates did not contemplate that situation of legal non-conformity.

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 The city, as we reviewed the sign permit, it was rejected for not following the current

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 sign regulations.

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 DME therefore requested this variance that is before you today.

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 There are two variance requests associated with this sign.

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 The first one is for maximum effective area.

115
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 I'd like to consider approval of variance requests to increase the maximum effective

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 area of a sign by 54 square feet.

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 Current regulations allow a sign of 250 square feet along I-35.

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 The second variance request associated with this sign is a request of an increase in the

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 maximum effective height by 2 feet.

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 So for current regulations allow a max height of 40 feet.

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 Now this height can be measured from either ground level, the elevation of the frontage

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 road, or the elevation of the principal lane of I-35, whichever grants the highest height.

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 When measured from the elevation of a highway, this sign has a height of 42 feet, which is

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 an additional 2 feet greater than what is currently allowed, hence the request for an

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 additional 2 feet greater.

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 Some considerations going into this sign request.

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 So outside of this variance request for an increase in the effective area, an increase

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 in the maximum height, applicant is proposing for this sign to be in compliance with all

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 other requirements of Chapter 33 of the sign code.

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 Regarding the criteria that we assess this variance against, one being due to some unique

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 condition or feature of the property, which is generally not common to other properties,

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 literal compliance with the sign regulation would cause unnecessary hardship.

133
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 So in this case, the overhead power lines are creating a unique condition for this property.

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 This is not the normal process for relocating utilities for this kind of project.

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 This has been placed on the property by outside forces.

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 Had the normal process been followed for utility relocations, the existing sign could have

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 stayed as the utility was replaced on the ground.

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 Given that the sign could have stayed, also considered in fact that the sign was approved

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 at the time it was installed prior to the new sign code ordinances being approved.

140
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 So that gives it a legal nonconforming status, generally for all these developments, seeking

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 to not have the nonconformity increase, or not have it increase its nonconformity.

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 In this case, it's just relocating it.

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 Also, literal compliance would require the existing sign to be replaced with a smaller,

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 shorter sign than what the owner has had for several years now.

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 Second consideration, the granting of the variance will not violate the spirit or intent

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 of the ordinance.

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 The intent of Chapter 33 is to balance the right to free speech in public interests and

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 safety and aesthetics.

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 So this variance would not change the aesthetic along on 35 to maintain the existing aesthetic

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 as it is now.

151
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 So if we needed sufficient balances by allowing the owner to continue the right to speech

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 of the sign while maintaining the existing aesthetic.

153
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 Third point, the conditioner feature, which created the need for the variance, did not

154
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 result from the Propounder's Act.

155
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 As mentioned earlier, what brought about the requirement for this variance was actions

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 by the state and local government, specifically TechStop and D&E, which created the need for

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 this variance through their interstate widening project and utility of the location.

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 Finally, the Board should not grant a variance to any applicant solely for personal convenience,

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 financial hardship, or other reasons unrelated to the property.

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 This variance is directly related to improvements made along the frontage of the property which

161
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 are impacting the property itself, such as this sign.

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00:14:12,240 --> 00:14:18,240
 So it's not solely for personal convenience or unrelated.

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 As such, staff recommends approval of the request for two variances associated with

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 the sign to allow for the relocation of the existing sign that is 50 feet over the maximum

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 allowed effective area and 2 feet over the maximum height because it meets all the criteria

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 for approval.

167
00:14:38,240 --> 00:14:43,240
 I just want to summarize the actions this Board can take so the Board may approve the

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 variance as presented, and may approve the variance of conditions, or it may deny the

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 variance.

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 The action should be based on whether the applicant has or has not met that criterion

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 on the right side of the screen that we have found to be appropriate.

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 Any questions?

173
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 Do any Board members have questions for City staff?

174
00:15:13,240 --> 00:15:14,240
 Okay.

175
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 Thank you for your presentation.

176
00:15:17,240 --> 00:15:20,240
 Will the applicant please present?

177
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 I think we're not doing that.

178
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 Which aren't.

179
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 Haley is incorrect.

180
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 Did an applicant and staff happen at the same time?

181
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 Yeah, I would say so.

182
00:15:28,240 --> 00:15:29,240
 Okay.

183
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 In this case.

184
00:15:30,240 --> 00:15:31,240
 Okay.

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 Now that the applicant and City have presented their testimony, evidence, and arguments,

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 is there anyone who wishes to speak regarding this variance?

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 If so, please come forward and state your name and mailing address.

188
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 You have four minutes to address the Board.

189
00:15:50,240 --> 00:15:51,240
 Okay.

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00:15:51,240 --> 00:15:56,240
 After hearing all the testimony, evidence, and arguments, and questions and answers,

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 as well as hearing from all those desiring to speak in support and in opposition to the

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 variance, I will entertain further questions from the Board for any of the parties or the

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 speakers.

194
00:16:11,240 --> 00:16:13,240
 Okay.

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 Hearing none, I now close the public hearing.

196
00:16:17,240 --> 00:16:21,240
 The Board will now deliberate and decide on the variance request.

197
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 Upon the completion of the Board's deliberation, the Board shall render an unbiased decision

198
00:16:25,240 --> 00:16:30,240
 based on the record and is supported by reasons in finding a fact.

199
00:16:30,240 --> 00:16:35,240
 In considering the variance, this Board shall consider the facts and information in the

200
00:16:35,240 --> 00:16:40,240
 agenda backup, including staff's written analysis of the variance, the applicant's narrative,

201
00:16:40,240 --> 00:16:45,240
 and testimony presented in the public hearing, and the Board's consideration and evaluation

202
00:16:45,240 --> 00:16:50,240
 of the requirements of the applicable standards from the code of ordinances.

203
00:16:50,240 --> 00:16:55,240
 The Board may grant the variance as presented or with conditions.

204
00:16:55,240 --> 00:17:01,240
 The Board shall not grant a variance to any applicant solely for personal convenience,

205
00:17:01,240 --> 00:17:05,240
 financial hardship, or other reasons unrelated to the property.

206
00:17:05,240 --> 00:17:10,240
 If the Board grants a variance, the variance shall be granted only to the extent that it's

207
00:17:10,240 --> 00:17:13,240
 reasonably necessary to remedy the hardship.

208
00:17:13,240 --> 00:17:18,240
 The Board may impose conditions relating to the use of the sign for which a variance is

209
00:17:18,240 --> 00:17:20,240
 granted.

210
00:17:20,240 --> 00:17:24,240
 If the Board grants a variance, the decision shall state that all conditions for a variance

211
00:17:24,240 --> 00:17:29,240
 were met, specify the degree to which the regulations are being varied, and be signed

212
00:17:29,240 --> 00:17:33,240
 by the members voting in favor of the variance.

213
00:17:33,240 --> 00:17:36,240
 The other option is to deny the variance.

214
00:17:36,240 --> 00:17:40,240
 If a variance is denied, the decision shall state the conditions for the variance which

215
00:17:40,240 --> 00:17:42,240
 were not met.

216
00:17:42,240 --> 00:17:47,240
 All decisions of the Board granting or refusing a variance shall be reduced to writing and

217
00:17:47,240 --> 00:17:50,240
 signed by the Chairperson.

218
00:17:50,240 --> 00:17:51,240
 Okay.

219
00:17:51,240 --> 00:17:58,240
 So, is there a, let me see here.

220
00:17:58,240 --> 00:18:01,240
 Okay.

221
00:18:01,240 --> 00:18:05,240
 Are there any comments or discussion points from the Board?

222
00:18:05,240 --> 00:18:07,240
 Yes, Member Ray.

223
00:18:07,240 --> 00:18:10,240
 I would say this seems fairly straightforward to me.

224
00:18:10,240 --> 00:18:14,240
 This is a sign that exists that was legal to build, and TechStock came in and told them

225
00:18:14,240 --> 00:18:15,240
 to move it.

226
00:18:15,240 --> 00:18:24,240
 So, it doesn't seem to cause any problems by allowing it to be moved.

227
00:18:24,240 --> 00:18:25,240
 I agree with that.

228
00:18:25,240 --> 00:18:32,240
 It's just the TechStock D&E had an issue that needed to be resolved, and everybody's happy

229
00:18:32,240 --> 00:18:42,240
 with the solution that came up with, and I think it's a good settlement, a good solution.

230
00:18:42,240 --> 00:18:48,240
 I'm in full agreement with both of those comments.

231
00:18:48,240 --> 00:18:49,240
 Yes.

232
00:18:49,240 --> 00:18:57,240
 I would move that we approve the variance for both the height and size of the sign.

233
00:18:57,240 --> 00:19:00,240
 Can I beat pedantic for a second?

234
00:19:00,240 --> 00:19:05,240
 It would be very helpful if the motion included a finding of fact that the three criteria

235
00:19:05,240 --> 00:19:11,240
 and the finding of fact were shown, like that the applicant has demonstrated those.

236
00:19:11,240 --> 00:19:17,240
 I would motion that we approve the variance for the size and height of the sign due to

237
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 the fact that this is a unique situation with TechStock forcing them to move that sign,

238
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 that this does not violate the intent of protecting aesthetics or free speech under the sign ordinance,

239
00:19:31,240 --> 00:19:37,240
 and that it is not the applicant's fault that TechStock came in and needed these movements

240
00:19:37,240 --> 00:19:39,240
 of utilities to be done.

241
00:19:39,240 --> 00:19:41,240
 Thank you.

242
00:19:41,240 --> 00:19:43,240
 Would anyone like to second that motion?

243
00:19:43,240 --> 00:19:45,240
 I'll second.

244
00:19:45,240 --> 00:19:46,240
 Thank you.

245
00:19:46,240 --> 00:19:47,240
 All right.

246
00:19:47,240 --> 00:19:50,240
 All in favor of approving the variance as presented?

247
00:19:50,240 --> 00:19:52,240
 Go ahead and raise your hands.

248
00:19:52,240 --> 00:19:53,240
 Aye.

249
00:19:53,240 --> 00:19:54,240
 Aye.

250
00:19:54,240 --> 00:19:55,240
 Aye.

251
00:19:55,240 --> 00:19:56,240
 Okay.

252
00:19:56,240 --> 00:19:58,240
 The ayes have it.

253
00:19:58,240 --> 00:20:06,240
 Chair, at your discretion, could we have a moment to sign the decision letter?

254
00:20:06,240 --> 00:20:08,240
 Was it printed?

255
00:20:08,240 --> 00:20:09,240
 Okay.

256
00:20:09,240 --> 00:20:10,240
 Can it be printed?

257
00:20:10,240 --> 00:20:11,240
 It will be printed.

258
00:20:11,240 --> 00:20:12,240
 Can we print both of them?

259
00:20:12,240 --> 00:20:13,240
 Absolutely.

260
00:20:13,240 --> 00:20:14,240
 Outstanding.

261
00:20:14,240 --> 00:20:17,240
 Because the code is weird, we all get to sign it.

262
00:20:17,240 --> 00:20:18,240
 Okay.

263
00:20:18,240 --> 00:20:21,240
 So I want to make sure that we accomplish that before we splinter off.

264
00:20:21,240 --> 00:20:22,240
 Okay.

265
00:20:22,240 --> 00:20:24,240
 That sounds like a good idea.

266
00:20:24,240 --> 00:20:25,240
 Excellent.

267
00:20:25,240 --> 00:20:27,240
 Thank you, Chair.

268
00:20:27,240 --> 00:20:29,240
 Of course.

269
00:20:29,240 --> 00:20:38,240
 All right.

270
00:20:38,240 --> 00:20:43,240
 So item number 4A is B24-0038.

271
00:20:43,240 --> 00:20:49,240
 Hold a public hearing and consider a variance request from Chapter 33 Science and Advertising

272
00:20:49,240 --> 00:20:57,240
 Devices of the Code of Ordinances, specifically Section 33.14.2(d)(2) as it relates to the

273
00:20:57,240 --> 00:21:04,240
 maximum number of on-premises ground signs permitted based on street frontage on a freeway

274
00:21:04,240 --> 00:21:13,240
 located on an approximately 10.78-acre premises, 725 feet southwest, or southeast, I apologize,

275
00:21:13,240 --> 00:21:22,240
 of the intersection of Lillian B. Miller Parkway and South I-35E, B24-0038 DME, South Ridge

276
00:21:22,240 --> 00:21:24,240
 Village, McLean.

277
00:21:24,240 --> 00:21:29,240
 Since the witnesses have already been sworn in, I now open the hearing.

278
00:21:29,240 --> 00:21:30,240
 All right.

279
00:21:30,240 --> 00:21:31,240
 Thank you.

280
00:21:31,240 --> 00:21:32,240
 Good evening.

281
00:21:32,240 --> 00:21:40,240
 The signed variance for some signs at South Ridge Village Shopping Center.

282
00:21:40,240 --> 00:21:45,240
 The background is very similar to what we heard for the last variance.

283
00:21:45,240 --> 00:21:48,240
 So happy to roll it again.

284
00:21:48,240 --> 00:21:59,240
 Just very quickly, text-out widening item 5 is causing existing signs to be relocated.

285
00:21:59,240 --> 00:22:07,240
 In the process of doing so, the relocated signs were found to be out of compliance with

286
00:22:07,240 --> 00:22:14,240
 the current code, even though they were approved prior to the current sign ordinance being

287
00:22:14,240 --> 00:22:20,240
 adopted, and as such, they were seeking the variance requested.

288
00:22:20,240 --> 00:22:26,240
 So to get into more of that variance, so the variance is to consider a request to install

289
00:22:26,240 --> 00:22:29,240
 a third ground sign on the premise.

290
00:22:29,240 --> 00:22:37,240
 And so the premise is the subject area that was highlighted where this shopping center

291
00:22:37,240 --> 00:22:39,240
 is considered one.

292
00:22:39,240 --> 00:22:46,240
 And so the current regulations allow one sign per premise plus an additional sign for each

293
00:22:46,240 --> 00:22:50,240
 500 feet of street frontage, a fraction thereof.

294
00:22:50,240 --> 00:22:59,240
 So according to the current code, this will allow two signs along this premises frontage.

295
00:22:59,240 --> 00:23:06,240
 Tests are as DME, and the process of relocating identified three signs, but there are three

296
00:23:06,240 --> 00:23:10,240
 signs along this frontage that need to be moved.

297
00:23:10,240 --> 00:23:21,240
 And so hence the variance request to install a third ground sign.

298
00:23:21,240 --> 00:23:29,240
 The considerations are fairly similar to what we've heard before, except for the variance

299
00:23:29,240 --> 00:23:36,240
 that I expect these signs are expected to be in compliance with other aspects of the

300
00:23:36,240 --> 00:23:37,240
 sign code.

301
00:23:37,240 --> 00:23:42,240
 I did find it wasn't all that blind, creating this unique condition.

302
00:23:42,240 --> 00:23:45,240
 These are sometimes going to stay.

303
00:23:45,240 --> 00:23:51,240
 Literal compliance would require one of the property owners to give up their sign if this

304
00:23:51,240 --> 00:23:56,240
 variance was denied.

305
00:23:56,240 --> 00:24:03,240
 Again, did not find found that this variance does not violate the spirit or intent of the

306
00:24:03,240 --> 00:24:04,240
 ordinance.

307
00:24:04,240 --> 00:24:06,240
 They're not adding any new signs.

308
00:24:06,240 --> 00:24:12,240
 And so the existing aesthetic along I-35 is expected to remain the same as the variance

309
00:24:12,240 --> 00:24:14,240
 is granted.

310
00:24:14,240 --> 00:24:20,240
 As a reminder, it is outside forces.

311
00:24:20,240 --> 00:24:28,240
 Text on DME, creating a new for this variance, providing utility relocation, and it is that

312
00:24:28,240 --> 00:24:38,240
 liability that is impacting this property, and thus creating the new for this ordinance.

313
00:24:38,240 --> 00:24:43,240
 As such, staff recommends approval of the request to install third on-premises ground

314
00:24:43,240 --> 00:24:49,240
 sign because it meets all the original code.

315
00:24:49,240 --> 00:24:54,240
 This is a summary of what the court can do and the criteria we found.

316
00:24:54,240 --> 00:24:58,240
 I'll dig through things a little quickly just because it was very similar, but happy to

317
00:24:58,240 --> 00:25:04,240
 explain further if needed.

318
00:25:04,240 --> 00:25:09,240
 Do any board members have questions for state staff?

319
00:25:09,240 --> 00:25:10,240
 Go ahead.

320
00:25:10,240 --> 00:25:15,240
 You said that one of the property owners would have to remove their sign.

321
00:25:15,240 --> 00:25:20,240
 Are these signs identical to each other and simply spaced apart on the property, or do

322
00:25:20,240 --> 00:25:25,240
 the signs display different shops on each sign or more so forth?

323
00:25:25,240 --> 00:25:32,240
 So they do display different shops.

324
00:25:32,240 --> 00:25:40,240
 So the premise is made of three different lots that make up the shopping center.

325
00:25:40,240 --> 00:25:45,240
 So there are three different signs with one sign appearing on each property, and they

326
00:25:45,240 --> 00:25:53,240
 display different shops associated with their property.

327
00:25:53,240 --> 00:25:55,240
 Yes, go ahead.

328
00:25:55,240 --> 00:25:59,240
 If I remember correctly, one of these signs doesn't have any active retail on it.

329
00:25:59,240 --> 00:26:04,240
 Is that the sign in question?

330
00:26:04,240 --> 00:26:05,240
 I believe it was blank.

331
00:26:05,240 --> 00:26:06,240
 It was blank?

332
00:26:06,240 --> 00:26:11,240
 Am I thinking of the same sign that's on the property?

333
00:26:11,240 --> 00:26:15,240
 Yes.

334
00:26:15,240 --> 00:26:21,240
 Just to elaborate on Matt's point, since it is three owners but one premise and only

335
00:26:21,240 --> 00:26:28,240
 two signs are allowed, if the board decides that the variance should not be granted, it

336
00:26:28,240 --> 00:26:32,240
 would ultimately be arbitrary as to which sign has to be removed, but one of the three

337
00:26:32,240 --> 00:26:34,240
 would have to go out.

338
00:26:34,240 --> 00:26:37,240
 It's not any particular sign that's in question.

339
00:26:37,240 --> 00:26:43,240
 It's the fact that there's more than is allowed on the premise, if that makes sense.

340
00:26:43,240 --> 00:26:44,240
 Chair, if there may.

341
00:26:44,240 --> 00:26:45,240
 Yes, of course.

342
00:26:45,240 --> 00:26:46,240
 Thank you.

343
00:26:46,240 --> 00:26:52,240
 And the effect of having to decide which sign might go would include the city having to

344
00:26:52,240 --> 00:27:06,240
 functionally condemn a sign, which was a longer process, and I can't say more without accidentally

345
00:27:06,240 --> 00:27:09,240
 being influential, but that would be the next step.

346
00:27:09,240 --> 00:27:10,240
 Thanks.

347
00:27:10,240 --> 00:27:12,240
 Yes, go ahead.

348
00:27:12,240 --> 00:27:20,240
 My only concern is that the sign does not seem to be actively being used, with it being

349
00:27:20,240 --> 00:27:22,240
 blank.

350
00:27:22,240 --> 00:27:28,240
 I know there's one of three signs in question, but I would hope that they would, if the sign

351
00:27:28,240 --> 00:27:33,240
 was remaining, that it would be beautified, for lack of a better word.

352
00:27:33,240 --> 00:27:39,240
 That's just my thoughts.

353
00:27:39,240 --> 00:27:49,240
 The only other question I have is, so this is our second request for a variance, because

354
00:27:49,240 --> 00:27:58,240
 TxDOT and DME have made this because TxDOT is widening the area.

355
00:27:58,240 --> 00:28:05,240
 Do we know or should we even contemplate whether or not there will be additional variance requests

356
00:28:05,240 --> 00:28:12,240
 as widening continues, or is that something we should not consider at this point?

357
00:28:12,240 --> 00:28:19,240
 As you know, with these particular signs, it was part of a specific project related to

358
00:28:19,240 --> 00:28:24,240
 this intersection in which they expanded the scope, or TxDOT expanded the scope of their

359
00:28:24,240 --> 00:28:32,240
 project last minute to include this area of these signs, and so that's for a far long

360
00:28:32,240 --> 00:28:38,240
 TxDOT saying, "Hey, because this is a late edition, we're under a short timeline, hence

361
00:28:38,240 --> 00:28:43,240
 we're not able to follow the process we're looking at."

362
00:28:43,240 --> 00:28:52,240
 To answer the second half of your question, if you feel like that fact, whether there

363
00:28:52,240 --> 00:28:57,240
 might be more sign requests, factors into whether or not one of the criteria are met,

364
00:28:57,240 --> 00:29:06,240
 it may be appropriate to consider, but absent being able to put it under one of those criteria.

365
00:29:06,240 --> 00:29:13,240
 But actually, the short timeframe also is part of that consideration, because that was

366
00:29:13,240 --> 00:29:21,240
 somewhere within one of the criteria, wasn't it, about the...

367
00:29:21,240 --> 00:29:22,240
 The conditions?

368
00:29:22,240 --> 00:29:30,240
 Yeah, under the conditions, because it is.

369
00:29:30,240 --> 00:29:36,240
 Yeah, the sign could have stayed under the normal process, but because of the short timeframe

370
00:29:36,240 --> 00:29:40,240
 within this process, it couldn't even be considered.

371
00:29:40,240 --> 00:29:43,240
 Okay, that's fine.

372
00:29:43,240 --> 00:29:47,240
 I just wanted to add, we are not anticipating any additional signs that would come about

373
00:29:47,240 --> 00:29:53,240
 with this, just for this little bit.

374
00:29:53,240 --> 00:30:00,240
 Are there any other questions the board would like to ask?

375
00:30:00,240 --> 00:30:07,240
 Okay, thank you for once again presenting for this specific variance.

376
00:30:07,240 --> 00:30:11,240
 Now that the applicant and the city have presented their testimony, evidence, and arguments,

377
00:30:11,240 --> 00:30:15,240
 is there anyone who wishes to speak regarding the variance?

378
00:30:15,240 --> 00:30:18,240
 If so, please come forward and state your name and mailing address.

379
00:30:18,240 --> 00:30:23,240
 You have four minutes to get to the board.

380
00:30:23,240 --> 00:30:24,240
 Okay.

381
00:30:24,240 --> 00:30:29,240
 After hearing all of the testimony, evidence, and arguments, and questions, and answers,

382
00:30:29,240 --> 00:30:35,240
 as well as hearing from all of those desiring to speak in support and in opposition to the variance,

383
00:30:35,240 --> 00:30:44,240
 I will entertain further questions from the board for any of the parties and speakers.

384
00:30:44,240 --> 00:30:48,240
 Hearing none, I now close the public hearing.

385
00:30:48,240 --> 00:30:51,240
 The board will now deliberate and decide on the variance request.

386
00:30:51,240 --> 00:30:56,240
 Upon the completion of the board's deliberation, the board shall render an unbiased decision

387
00:30:56,240 --> 00:31:02,240
 based on the record and supported by the reasons and findings in fact.

388
00:31:02,240 --> 00:31:07,240
 In considering the variance, this board shall consider facts and information in the agenda backup,

389
00:31:07,240 --> 00:31:12,240
 including the staff's written analysis of the variance, the applicant's narrative,

390
00:31:12,240 --> 00:31:18,240
 and testimony presented in the public hearing, and the board's consideration and evaluation

391
00:31:18,240 --> 00:31:22,240
 of the requirements of the applicable standards from the code of ordinances.

392
00:31:22,240 --> 00:31:27,240
 The board may, one, grant the variance as presented or with conditions.

393
00:31:27,240 --> 00:31:31,240
 The board shall not grant a variance to any applicant solely for personal convenience,

394
00:31:31,240 --> 00:31:35,240
 financial hardship, or other reasons unrelated to the property.

395
00:31:35,240 --> 00:31:39,240
 If the board grants a variance, the variance shall be granted only to the extent

396
00:31:39,240 --> 00:31:42,240
 that is necessary to remedy the hardship.

397
00:31:42,240 --> 00:31:47,240
 The board may impose conditions relating to the use of the sign for which a variance is granted.

398
00:31:47,240 --> 00:31:54,240
 If the board grants a variance, the decision shall state that all conditions for a variance were met,

399
00:31:54,240 --> 00:31:58,240
 specify the degree to which the regulations are being varied,

400
00:31:58,240 --> 00:32:03,240
 and be signed by the members voting in favor for the variance.

401
00:32:03,240 --> 00:32:06,240
 The other option is to deny the variance.

402
00:32:06,240 --> 00:32:13,240
 If a variance is denied, the decision shall state the conditions for the variance which were not met.

403
00:32:13,240 --> 00:32:20,240
 All decisions of the board granting or refusing a variance shall be reduced to writing and signed by the chairperson.

404
00:32:20,240 --> 00:32:25,240
 So I go ahead and open the board for deliberation for this variance.

405
00:32:25,240 --> 00:32:29,240
 Oh, would you like to go first?

406
00:32:29,240 --> 00:32:36,240
 I would say that, I think, similar to the last thing we talked about,

407
00:32:36,240 --> 00:32:41,240
 I mean, I think the intent, to me, makes sense since there's no change.

408
00:32:41,240 --> 00:32:45,240
 Effectively, it's just that there's no fault of the property owners.

409
00:32:45,240 --> 00:32:49,240
 I mean, I do understand kind of your point, Blair.

410
00:32:49,240 --> 00:32:54,240
 But just the fact that it's just moving in, I think if I remember correctly,

411
00:32:54,240 --> 00:32:58,240
 I think that area of the shopping center doesn't have any mini tenants right now,

412
00:32:58,240 --> 00:33:04,240
 which is why it's black, but the goodwill there closed down for some reason.

413
00:33:04,240 --> 00:33:07,240
 You can add your handrails first.

414
00:33:07,240 --> 00:33:12,240
 Yeah, I would say with respect to Criterion 1 and 3, those seem fairly self-evident to me.

415
00:33:12,240 --> 00:33:16,240
 It is a unique feature that they're having to deal with this last minute text.change,

416
00:33:16,240 --> 00:33:21,240
 and it is not the owners' fault that they're having to deal with this last minute text.change.

417
00:33:21,240 --> 00:33:27,240
 I would also say on Level 22, again, like you, I understand the concern with the fact that the sign is empty,

418
00:33:27,240 --> 00:33:31,240
 but I think it's just kind of their big anchor tenant there at the end of the building,

419
00:33:31,240 --> 00:33:37,240
 which I would assume if you're renting for square footage, you likely get that space on the sign.

420
00:33:37,240 --> 00:33:39,240
 It is not rented at the moment.

421
00:33:39,240 --> 00:33:43,240
 So I certainly don't want to make a decision against this on the basis of,

422
00:33:43,240 --> 00:33:49,240
 oh, it just happens not to be rented right now when this particular issue came up.

423
00:33:49,240 --> 00:33:51,240
 And Member Bray?

424
00:33:51,240 --> 00:33:57,240
 I concur with both Member Redwine and Member Bray that it seems like it's a separate issue.

425
00:33:57,240 --> 00:34:01,240
 This is just to approve the movement of it.

426
00:34:01,240 --> 00:34:06,240
 I am curious about, I believe one or two of these signs were in a median,

427
00:34:06,240 --> 00:34:10,240
 and I don't know if there's other things to be considered for when they move it.

428
00:34:10,240 --> 00:34:17,240
 Is it going into a parking spot, and is it going to be addressed in the same manner as the median?

429
00:34:17,240 --> 00:34:24,240
 Yes, come on.

430
00:34:24,240 --> 00:34:28,240
 Looking at Google Maps, for all that's worth, the data is 2023,

431
00:34:28,240 --> 00:34:33,240
 it appears that the existing condition of these signs is that they are in the parking lot,

432
00:34:33,240 --> 00:34:37,240
 and I believe that's what we saw on the display as well.

433
00:34:37,240 --> 00:35:02,240
 I guess whoever is running the clicker, will they run it back to the Google Maps view?

434
00:35:02,240 --> 00:35:23,240
 Is there any further discussion or deliberation regarding this particular variant?

435
00:35:23,240 --> 00:35:25,240
 I apologize, I'm not sure where to pick up.

436
00:35:25,240 --> 00:35:27,240
 No, you're good.

437
00:35:27,240 --> 00:35:33,240
 You can probably say, I would probably start here with because.

438
00:35:33,240 --> 00:35:35,240
 Okay.

439
00:35:35,240 --> 00:35:43,240
 Because there are three criteria and a required finding of fact for approval of a variance,

440
00:35:43,240 --> 00:35:45,240
 and the applicant must meet each criterion,

441
00:35:45,240 --> 00:35:49,240
 ZBA needs to make a finding of fact for each criterion.

442
00:35:49,240 --> 00:35:55,240
 Because of this, I am asking for a motion as follows.

443
00:35:55,240 --> 00:36:00,240
 So I move that a variance be denied/approved as presented by the staff,

444
00:36:00,240 --> 00:36:05,240
 because the applicant has/has not met the following criteria.

445
00:36:05,240 --> 00:36:10,240
 Which are what was on the slide.

446
00:36:10,240 --> 00:36:15,240
 I would make a motion to approve the variance for the additional sign for this property,

447
00:36:15,240 --> 00:36:21,240
 due to the fact that the text doc relocation is not the applicant's fault,

448
00:36:21,240 --> 00:36:29,240
 and in accordance with criterion three, this is a unique problem condition for this property,

449
00:36:29,240 --> 00:36:32,240
 that it is adjacent to this text doc road that is being expanded,

450
00:36:32,240 --> 00:36:40,240
 and in accordance with criterion two, that allowing the retention of this third sign

451
00:36:40,240 --> 00:36:46,240
 does not violate the spirit or intent of the sign ordinance with regards to aesthetics or free speech.

452
00:36:46,240 --> 00:36:54,240
 Second. Okay. All in favor of the variance as presented by the staff?

453
00:36:54,240 --> 00:36:56,240
 Aye.

454
00:36:56,240 --> 00:36:59,240
 Okay. Do you guys have it?

455
00:36:59,240 --> 00:37:01,240
 Excellent.

456
00:37:01,240 --> 00:37:02,240
 Let's see.

457
00:37:02,240 --> 00:37:06,240
 All right. So the next item on the agenda is concluding items.

458
00:37:06,240 --> 00:37:16,240
 Are there any concluding items that board or the staff wish to bring forward?

459
00:37:16,240 --> 00:37:22,240
 Okay. Hearing no items, I adjourn a meeting at 6.08 p.m.