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Min - Board of Adjustment - 1988 - 04/12 - RegularSIGN CONTROL BOARD REGULAR MEETING APRIL 12, 1988 ATTENDANCE: Board Members Present: George Chrisman, Chairman Harold Biggs Sheila Curtis Randall Leverett Board Members Absent: Bruce Kleinschmidt City Staff Present: Joseph Del Ferro, Environmental Health Inspector Sally Leeper, Secretary CALL TO ORDER: The Allen Sign Control Board was called to order at 7:30 p.m. by Chairman Chrisman, at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes March 8, 1988 (Agenda Item II) Chairman Chrisman read the agenda item into the record as follows: "Approve minutes of March 8, 1988, Regular meeting." MOTION: Upon a motion by Board Member Biggs and a second by Board Member Curtis, the Board voted 4 FOR and 0 OPPOSED to approve the minutes of March 6, 1988, as presented. Public Hearing Daum Advertising Company (Agenda Item III) Chairman Chrisman read the agenda item into the record as follows: "Public Hearing - Consider a request from Daum Advertising Company for a variance to the City of Allen Sign Regulations Ordinance to allow a two- sided Class 6 Freeway Sign, each side being 288 square feet in size, with no relationship to the other." A NZ ILI ALLEN SIGN CONTROL BOARD APRIL 12, 1988 PAGE 2 Public Hearing Daum Advertising Company (Cont.) (Agenda Item III) Board Member Curtis advised the Board that she would abstain from this agenda item and has filed an affidavit as such with the recording secretary. Chairman Chrisman opened the public hearing. Mr. Jerry Daum, owner of Daum Advertising, stated he had acquired the billboard site as described in the application and requested that the Board allow 288 square feet per side for this sign. He presented pictures of the type of sign he is requesting. Mr. Daum added that every requirement of the ordinance will be met except the size requirement. With no one else wishing to speak for or against this request, Chairman Chris - man closed the public hearing. Chairman Chrisman referred to the definition of "Gross Surface Area of Sign," page 2, and discussed the wording. He mentioned the following areas of the Sign Regulations Ordinance that have been under consideration for review: 1. Clear definition of gross surface area of a sign; 2. A possible requirement to submit advertising content with sign application. Mr. Daum stated he has a lease with the property owner pending a building permit being issued. Board Member Leverett stated that Section 3, page 13, refers to the purpose of the advertising, and questioned Mr. Daum as to the nature of the advertising copy planned for this sign. The Board discussed the issue of reviewing the advertising copy and that the ordinance requires the advertisement of only businesses in Allen and neighboring cities. Chairman Chrisman explained the process of the annual review of the Sign Regulations Ordinance to Mr. Daum and that the process was underway at this time. He suggested that the question of a variance in this case might better be addressed during the review process in the upgrade of the ordinance, if that is the desire of the Board. Board Member Biggs stated he feels the sign is twice as large as it should be according to the ordinance at this time. Board Member Leverett stated that he felt the ordinance is clear, and until or unless it is changed, it should be enforced. Chairman Chrisman discussed the continuing need to improve the ordinance, and suggested further discussion under Agenda Item VIII. He added that he feels that the definition of "Gross Surface Area" needs to be clarified. 101 ALLEN SIGN CONTROL BOARD APRIL 12, 1988 PAGE 3 Public Hearing Daum Advertising Company (Cont.) (Agenda Item III) MOTION: Upon a motion by Board Member Biggs and a second by Board Member Leverett, the Board voted 2 FOR, 1 OPPOSED, and 1 ABSTAINING to table Agenda Item III until the Board has completed its review of the Sign Regulations Ordinance. The motion carried. Consider Renewal 601 English Oak (Agenda Item IV) Chairman Chrisman read the agenda item into the record as follows: "Consider 2nd renewal of Class 4 sign for Dallas Sign & Design, Inc. representing Richmond American located at 601 English Oak." Mr. Del Ferro stated that the sign is in good repair. Board Member Leverett stated that a paper banner has been added to the sign, which in effect changes the copy. Mr. Del Ferro added that the banner should be removed. MOTION: Board Member Curtis made a motion to approve the renewal and Board Member Biggs made a second. After discussion of the need to remove the banner that had been added to the sign, Board Member Biggs withdrew his second to the motion and Board Member Curtis withdrew her motion. MOTION: Upon a motion by Board Member Biggs and a second by Board Member Leverett, the Board voted 4 FOR and 0 OPPOSED to approve renewal of Agenda Item IV contingent upon the original advertising content being restored. Consider Renewal 601 Ridgemont (Agenda Item V) Chairman Chrisman read the agenda item into the record as follows: "Consider 2nd renewal of Class 4 sign for Dallas Sign & Design, Inc. representing Richmond American located at 601 Ridgemont." Mr. Del Ferro advised the Board that this sign is in good repair at this time. MOTION: Upon a motion by Board Member Leverett and a second by Board Member Biggs, the Board voted 4 FOR and 0 OPPOSED to approve renewal of Agenda Item V. NO ALLEN SIGN CONTROL BOARD APRIL 12, 1988 PAGE 4 Consider Renewal Allen Towne Center (Agenda Item VI) Chairman Chrisman read the agenda item into the record as follows: "Consider fourth renewal of Class 4 sign for Allen Towne Center located north of F.M. 2170 and east of S.H. 5." Board Member Leverett stated that this sign is in good repair. Mr. Del Ferro was asked the status of the shopping center and advised that it is 80 to 90% leased at this time. MOTION: Upon a motion by Board Member Biggs and a second by Board Member Curtis, the Board voted 4 FOR and 0 OPPOSED to approve renewal of Agenda Item VI. Review of Class 4 Signs March, 1988 (Agenda Item VII) Chairman Chrisman read the agenda item into the record as follows: "Review of Class 4 sign permits issued during March." Mr. Del Ferro advised the Board that no Class 4 sign permits had been issued during March, 1988. At this point in the meeting, Mr. Daum asked Chairman Chrisman if he could be involved as a volunteer during the review process of the Sign Ordinance. He was advised that all meetings of the Board are public and he was welcome to remain for that portion of the meeting. Annual Review of Ordinance (Agenda Item VIII) Chairman Chrisman read the agenda item into the record as follows: "Consider annual review of Allen Sign Regulations Ordinance." There was discussion at the previous meeting regarding the need for the "zoning" to be listed on the application. Staff advised that this information is useful and recommended it remain a requirement in the ordinance. There was discussion at the previous meeting reqarding the need for a require- ment to include the advertising copy with the permit application. MOTION: Upon a motion by Board Member Biggs and a second by Board Member Curtis, the Board voted 4 FOR and 0 OPPOSED to recommend the inclusion on page 33, Section 7, Item 3, a subsection that would require the submsision of the advertising copy when application is made for a permit. L 0 I ALLEN SIGN CONTROL BOARD APRIL 12, 1988 PAGE 5 Annual Review of Ordinance (Cont.) (Agenda Item VIII There was discussion at the previous meeting regarding paragraph 4, Section 5, page 29, as to time and temperature clocks. Since this concern had been expressed by Board Member Kleinschmidt and he is not present tonight, the consensus of the Board was to consider this item at their next meeting. There was discussion regarding the definition of "Gross Surface Area of Sign." It was pointed out that this definition applies to all signs and should be con- sidered in view of that. Chairman Chrisman asked staff if the State has size limitations on their permits? Mr. Daum replied to the Board and advised that the State has recently revised their ordinance to reduce the height and spacing requirements. Chairman Chrisman requested that staff obtain a copy of the revised State ordinance on billboards, and make that available to the Board for review. Currently, the Sign Ordinance does not state that a permit must be available from the State at the time of application to the city for permit. There was discussion regarding this issue and whether or not it should be included in the City's ordinance. It was unclear whether the State does in fact require a permit for billboard signs in the City of Allen, as Mr. Daum advised they did not. Chairman Chrisman requested that staff clarify this question and advise the Board. Chairman Chrisman suggested that the handling of freeway signs in the Or- dinance needs to be addressed, and requested staff to research the question of whether the clarification should be put in the definition section or in each classification section. Chairman Chrisman advised the Board that these items should be acted upon as soon as possible. Adjourn: MOTION: Upon a motion by Board Member Biggs and a second by Board Member Curtis, the Board voted 4 FOR and 0 OPPOSED to adjourn the April 12, 1988, meeting of the Allen Sign Control Board at 9:10 p.m. tl These minutes approved this day of , 1988. _�_i�_, tt ✓ti,.,.i_� (ri'�J w"`^� ,�i�����:1�GVlA�N George risman, Chairman Bruce Kleinschmidt, Secretary 101 AFFIDAVIT THE STATE OF TEXAS § COUNTY OFI § s I. Y--,��.�.�C..� C't"� as a member of the 6 make this affidavit and hereby on oath state the following I, and/ora erson or persons related tome, have a sub antral interest in a busine ent_ty Irat would be peculiarly affected by a vote or decision of the as those terms are defined in Article 988b, V T.C.S. The business entity is CCf '� (haveihas) a substantial interest in this business entity for the following reasons. (check all which are applicable( ❑ Ownership of 10% or more of the voting or shares of the business entity ❑ Ownership of $2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of income for the previous year ❑ Real property is involved and have an equitable or legal ownership with a fair market value of at least $2,500 M A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the , I affirm that I will abstain from voting on any decision involving this busines entity and from any further participation on this matter whatsoever. rryy Signed this day of , 198 d Signature of official Title BEFORE ME, the undersigned authority, this day personally appeare . L 0.r— and on oath stated that the facts heremabove stated are true to the best of knowledge or belief. Sworn to and subscribed before me on this� day of 198 1, �5y� 'Notary P lic m andfo_ r the State of Texas STILLY L LEEPER ®� Ikm/haR 48YrlTgr y��L.�r 4t1LL My commission expires it