11-29-12 Special Called Meeting of the Zoning Board of Adjustment

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Zoning Board of Adjustment Minutes of August 23, 2012 Page 4 of 5 is seeking approval to erect an off -premise advertising sign within 1,000 ft. of an existing sign, which is prohibited per Section 106-875 (h) of the Code of Ordinances. The appeal is being sought under the terms of Section 106-89 (3) of the City's Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report. Public hearing notices were mailed to four (4) property owners within 200' of the subject property; no responses were received. B. Proponents The applicant, Brett Gilbreath of 601 Park Lane, was sworn in by Chairman Maltsberger. Mr. Gilbreath provided Board members with a packet of information relevant to the request. At issue is the radial spacing standard he believes La Porte has only recently begun to use to determine spacing for off -premise signs. According to Mr. Gilbreath, the highway department and other cities he has worked with use a linear measurement on the same side of the roadway. Mr. Gilbreath used Google Earth to locate five (5) existing signs in La Porte located closer than 1,000 feet from other off premise signs. Gus Brieden, 222 Bayshore, was sworn in by Chairman Maltsberger. Mr. Brieden owns the property where the sign would be located. Mr. Brieden stated he had visited local businesses and collected responses favoring the request. C. Opponents Larry Haller, business owner at 122 S. 17t" Street, was sworn in by Chairman Maltsberger. Mr. Haller opposes any city approval that would allow the property owner to profit from leasing a sign when his property has not been developed properly. D. Proponents Rebuttal There was no proponent's rebuttal. Mr. Malik responded to questions from the Board. Motion by Sherman Moore to uphold the decision of the Building Official to disallow an off - premise advertising sign to be erected on the property located at 1911 West Main Street, within 1,000 ft. of an existing sign. Second by Chester Pool. Motion carried. Ayes: Sherman Moore, Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel Nays: None Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment.