11-29-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report February 28, 2008 Appeal of Enforcement Officer's Decision #A08-001 Applicant: SignAd, Ltd. on behalf of Gus Brieden, Property Owner Location: 1911 W. Main Street (Spencer Highway) Lee:al description: Lots 5-9, 11-28, and TRS 4, 10, & 29, Block 727, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Present zonine:: Business Industrial (BI) & Light Industrial (Ll) Land Use Map: Commercial and Industrial Back2;round: The law firm of Rothfelder & Falick, L.L.P. represents the applicant for denial of its application to erect an off-premises freestanding advertising sign at 1911 West Main Street (Spencer Highway) near overpass and turn around adjacent to the Union Pacific Railroad (UPRR). In connection with the September 20, 2007 denial of sign permit by the City, the applicant's appeal to the Zoning Board of Adjustment (ZBOA) was received on November 30, 2007. Section 106-89 of the City of La Porte Code of Ordinances provides that appeals from the adverse decisions of the Enforcement Officer shall be taken within thirty (30) days, as provided by the rules of procedure of the Zoning Board of Adjustment. Therefore, the application was not processed as it failed to satisfy the 30 days appeal deadline. The applicant was informed of the decision by December 5, 2007, (copy attached). Recently, the applicant applied for a similar permit again. This appeal is in connection with the current sign permit request denied on January 9, 2008. The City denied SignAd's application based on inadequate plans, information, and not in compliance with the sign ordinance. In addition, there is another advertising sign located approximately 500 feet from the proposed site. As per Section 106-875 (h) of the Code of Ordinances, "all off- premises freestanding advertising signs shall be spaced at intervals of not less than 1,000 feet" (copy attached). The issue being considered deals with an off-premises advertising sign (billboard). In the City's zoning regulations, a sign is defined as "meaning any word, number, figure, device, design or trademark by which anything is made known, as used to designate an individual, firm, profession, business or a commodity which is visible from any public street. In addition, there is inadequate information about the type and design of such sign and the location of the proposed advertising sign (billboard) conflicts with current City sign regulations. Under zoning regulations, Section 106-875(h) of the City's Code of Ordinances read as follows: "all off-premises free standing advertising signs shall be spaced at interval of not less than 1,OOOfeet." E',n !r ." )~ f"":: : : \. ii f ~ ,"f i '\ .~~