REGULAR MEETING
SEPTEMBER 23, 2009
CALL TO ORDER
The
September 23, 2009, regular meeting of the Lake Havasu City Board of Adjustment
was called to order by Chairman Bergen at 6:00 p.m.
ROLL CALL
Members
Present: Donald
Bergen, Charles Fein, Diane Klostermeier, Tony Simonis, Paula Fowler, Edward
Gagnon, Sarah Markham
Members Absent: None
Staff Present: Stuart Schmeling,
Senior Planner
Larry
Grzesiowski, Planning Technician
Kelly
Garry, Assistant City Attorney
Jean
Vinson, Recording Secretary
MINUTES
Mr.
Fein made a motion to approve the minutes of the July 29, 2009, meeting as
written. The motion was seconded by Mrs. Fowler and carried unanimously.
CORRESPONDENCE
AND ANNOUNCEMENTS
Mr.
Schmeling said he would like to welcome the newest member of the Board, Sarah
Markham.
INTRODUCTION OF
NEW MEMBER AND ELECTION OF OFFICERS
Mr.
Bergen also welcomed the new member and noted that Mr. Fein, Mr. Simonis and Mrs. Klostermeier were also
reappointed to new terms.
Mr.
Bergen said that according to the bylaws, election of officers is supposed to
be held at the first meeting in June. He opened the meeting for nominations.
Mr. Fein nominated Mr. Bergen for Chairman and Mr. Gagnon seconded the
nomination. There were no further nominations for Chairman. Mr. Fein nominated
Mrs. Klostermeier for Vice Chairman and Mrs. Fowler seconded the nomination. There
were no further nominations for Vice Chairman. A voice vote was taken on both
nominations and it was a unanimous vote for approval.
PUBLIC HEARING
10-01300004 – TRACT 2395,
BLOCK 1,
Mr.
Grzesiowski stated that this is a request by McDonald’s asking for relief from
the code to have a 58-foot pylon type sign at their new location. The code only
provides for a sign of 15 feet. The property is near the new mall in the
autoplex area and across from the new
There
was some discussion about the signs, the topography of the parcels and their
distance below or above the highway. Mr. Bergen asked about the
Mrs.
Klostermeier said that she had called Mr. Schmeling to find out how this
proposed height would relate to other properties in the same area and he
indicated that he might have a form where the Board could see the
differentiation. She looked at the area and wondered if this sign would not
conform to the rest of the properties. Mr. Schmeling said that staff based its
recommendation on what they felt was the most appropriate height for the area.
Staff listed examples of different sign heights; however, staff felt the most
appropriate comparison would be the mall and the
Mr.
Fein asked about the pole sign. Mr. Grzesiowski noted that the photo is what
the applicant is asking for, but staff has already told him that a pole sign is
not allowed and the sign design will have to be changed.
Mr.
Mark Durham,
Mr.
Fein asked how far off the highway will the sign be. Mr. Durham said the
setback is 50 feet and would align with all of the other signs along the
highway. Mr. Fein said that 58 feet would be about 35 feet above the highway.
Mrs.
Fowler noted that she can see the
Mr.
Dennis Watts, with McDonald’s Corporation,
Mr.
Simonis asked if the applicant’s sign will be higher than the mall’s sign. Mr.
Watts said that is correct; the height of the sign they are requesting would
put the sign up where people could read it.
There
was some discussion about the surrounding signs, their heights, the topography
of their lots, etc. Mr. Watts said their intention is to be significantly lower
than the businesses on the high side of the highway and similar to Home Depot.
Mrs.
Garry asked the Board to focus on this property and not on the other signs
which are located in different lot with different slopes. This property is in a
hole and unfortunately, there are no good pictures from the highway to show
that hole. Most of us have driven by and know that there is a big difference
between where this property is located and across the street. Make sure the
discussion focuses on this actual property.
Mr.
Watts said if it would be clearer, he could refer to 35 feet above the height
of the highway and if that were granted, he would be absolutely fine with that.
Mr.
Bergen opened the meeting to the public. No one spoke.
Mr.
Grzesiowski stated that staff finds that the subject property is lying
approximately 20 feet below the highway and thus creates a hardship which is
not self-imposed. Other retailers on the Highway 95 corridor have had similar
topographical issues and have been awarded additional height allowances;
therefore, the granting of a variance would not constitute the awarding of a
special privilege. The granting of the variance would not have an adverse
affect of adjacent properties at a height of 35 feet and modified to be a
pylon-type sign because the code prohibits pole signs. Based on these findings,
the Development Review Committee recommends that 10-01300004 be approved with
the following conditions: 1. The sign shall be modified to be a pylon-type sign
with a pole cover to be a minimum of 7 feet in width as the sign code prohibits
pole-type signs. 2. The height of the sign shall not exceed the 35 feet allowed
for the free-standing sign at the Anderson Toyota/Scion Car Dealership.
Mr.
Gagnon asked if anyone has checked with the FAA for their requirements of
height around the airport. Mr. Grzesiowski said that came up in regard to a
flag pole which will be much higher than these signs. There is no problem with
any of the signs in the area.
Mrs.
Klostermeier asked staff, in driving along the highway with the 90-second
visibility, is that ample time to see the sign at 35 feet. Mr. Grzesiowski said
he has no data on visibility at certain speeds.
Mrs.
Fowler made a motion that 10-01300004 be approved with the following conditions:
the sign shall be modified to be a pylon-type sign with the pole cover to be a
minimum of 7 feet in width as the sign code prohibits pole-type signs, and the
height of the sign shall not exceed 35 feet allowed for free-standing signs.
Mrs. Klostermeier seconded the motion. Mr. Bergen asked if Mrs. Fowler would
add to her motion how the property lies. Mrs. Fowler added that the property
lying below the highway creates a hardship.
A
voice vote was taken with a member voting no; therefore, a roll-call vote was
taken and the motion carried on a vote of 6 to 1 with Mr. Fein voting no.
Mr.
Grzesiowski said that staff understood at the last meeting that the Board
wished to discuss its meeting times and dates and possibly return the meetings
back to daytime.
Mr.
Bergen said he feels that the evening meetings probably offer more opportunity
for people who work during the day to come to the meeting. He added that
Mr. Grzesiowski said that
would mean no change in the meeting times and dates.
Mr.
Bergen said he handed out a sheet at the beginning of the meeting on the
procedure for making motions. It is not an agenda item, so it cannot be
discussed. He asked for it to be on the agenda for the next meeting. He has
worked with the City Attorney’s office on this to make sure the Board is doing
things legally.
Mr.
Simonis said that at the meeting that was held to allow the Chairman to sign
the windmill letter, it was reported in the paper that there were two votes,
one re-affirming the other one, and that was not what happened. The paper
reported it to read that the Board re-affirmed that twice. He and Mrs.
Klostermeier tried to make clear that the meeting was not for re-affirming the
vote; this is strictly to allow the Chairman to sign the letter. Since there is
a representative from the paper in attendance, there should be a retraction or
correction on that because the Board did not vote twice to take down the
windmill. Mr. Bergen concurred and Mrs. Klostermeier thanked Mr. Simonis for
bringing that up. Mr. Bergen added that the minutes of the meeting will stand.
CALL TO PUBLIC
Mr.
Durham said he understands and appreciates the Board’s job, but the term
“consistency” was brought up during the discussion. That is all he wanted to do:
to be consistent with what is already established in the area for signs. In an
effort to bring business to this town, these are the kinds of things that make
a difference to that. He would like the Board to look at that in the future. He
is going to see if there is a way to re-approach this.
Mr.
Steve McComis, Mohave Signs, said he does not know if the Board realizes that a
35-foot sign from the grade will not even allow people to read the prices. That
would be below the highway grade. Home Depot is 50 feet. Anderson Toyota was an
existing sign that was moved from Kingman.
Mr.
Bergen said the Board is not permitted to respond during call to the public.
FUTURE MEETING
Mr.
Grzesiowski said there are no items for future meetings.
ADJOURNMENT
The
meeting was adjourned at 6: 50 p.m.
_______________________________
Donald Bergen, Chairman
_______________________________
Jean Vinson, Recording
Secretary