01-24-2002 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustmart • • _ 1N'inutes of January 24, 2002 Page 2 Public Hearing notification was mailed to eight (8) property owners. The City received one (1) response in favor and none were received in opposition. Staff polled five surrounding cities to determine if their zoning regulations had provisions for signs with flashing ar moving lights. Of the five cities polled, only one allowed such use, with restrictions. A. PROPONENTS Chairperson Grant swore in Gilbert Russell Ybarra, owner of Gringo's Mexican Kitchen. Mr. Ybarra stated he had discussions with the sales representative far "State Sign", regarding the possibility of replacing his existing sign with a Las Vegas style sign with flashing lights. The sign representativ a told him that type of sign would be allowed in LaPorte. Mr. Ybarra pointed out the ardinance, as presented, does not say a sign cannot move, flash,. or rotate, rather it says a sign cannot move, flash, ar rotate in such a manner as to be confused with t raffic control signals ar emergency vehicle signals. Mr~Ybarrr contacted the publisher of the Bayshore Srm to gain another perspective regarding the intent of the ordinance. The publisher wrote an article about the sign, which basically stated the same. Mr. Ybarra added that enforcement of flashing signs appears to be selective, since they can be found in other locations in the City, such as "Covington's" and "Video Viewer". Chairperson Grant swore in Harold Mabry, with State Sign Corporation. Mr. Mob ry resides at 11230 N. Ave. "P". He has worked for State Sign Corporation far 45 years. Mr. Ybarra has been his customer for 5 -6 years. Mr. Ybarra spoke wi$r him about. the pos~bility of purchasing a sign with moving lights for his La Porte restaurant. Mr: Mabry visited City Hall to find out whether. or not Mr. Ybarra's sig~r request was acceptable to the City. The gentleman he spoke with informed him there would be no problem obtaining permits for the two signs with moving ligkrts. Mr. Mabry went back to Mr. Ybarra and told him about his conversation wig the ~'• Chairperson Grant swore in Al Flores, attorney for Mr. Ybarra. Mr. Flores has an office at 3401 Louisiana, Houston. Mr. Flores understands the intent of the ordinance is to restrict a sign from containing words such as, "caution, danger, detour, etc... " so as not to cause confusion with traffic related devices. He stated that the diagram describing the sign in question indicates a height of 18' 4". Due to the type, height, and direction of this sign, it should,not apply to the ordinance. He stated that both sign diagrams were submitted on August 13 `~. Each diagram was a singe page with a singe font size with the word "traveling" noted on one of the diagrams. Mr. Flares added that the Ybarra's have gone through great time and expense on this matter and there was a detrimental reliance on the City's agent who said the signs could be used. Assistant City Attorney John Armstrong asked if Mr. Ybarra's testimonywas that the sign would not have gone up if the City had not okayed it, ar was it a question of the ordinance. Mr. Flores replied one depends on the other. He added, Mr. Yban: a and the ~ sign company representative plainly read the ordinance and determined that due