02-28-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment Minutes of February 28, 2008 Page 2 of 4 where the proposed sign was to be located. Mr. Rothfelder presented Board Members with copies of a letter he had written in support of the Appeal. He also provided copies of photos of the proposed sign location, as well as photos of an existing sign. Mr. Rothfelder's interpretation of Code of Ordinances Section 106-875 (H) is that billboards cannot be located on the same side of the street within 1000' of each other. He noted that City regulations do not say to measure the distance in a radial fashion, nor do they say to measure on the same side of the street. He referred to regulations imposed by the Texas Department of Transportation on spacing of signs in Texas Administrative Code Title 43, 21.153, which refers to distance being measured between signs on the same side of the roadway, and not in a radial fashion. Mr. Rothfelder informed the Board that on July 1, 1999, the City of La Porte granted SignAd a permit for another billboard located on the west side of Highway 146 north of West Barbour'S Cut Blvd. A copy of the permit was included with his materials. Across the street, within 590' from the permitted billboard, was an existing billboard, but the permit was issued because it was further than 1000' from the nearest billboard on the same side of the highway. Mr. Rothfelder stated the proposed billboard site is suitable for outdoor advertising. Chairman Maltsberger swore in Mark Grimes, with SignAd, 2400 S. Voss, Houston, Texas. In response to a question from the Board, Mr. Grimes said that placement of the sign at the proposed location would allow for the remainder of the property to be developed. Mr. Malik responded to points made by Mr. Rothfelder: Section 106-875 (H) does not distinguish between signs located on the same side of the street and across the street. It simply states that signs shall be spaced in intervals of not less than 1000'. The City is not bound by the particular section of 43 Texas Administrative Code referenced by SignAd. Another part of 43 Texas Administrative Code, Section 21.151 specifically allows a municipality to regulate the size, lighting, and spacing requirements of signs and to enact regulations that are more restrictive than the general rules in 43 Texas Administrative Code. It is irrelevant that the City approved a permit under similar circumstances in the past. The Board can only evaluate the appeal based on the three criteria outlined in the law and referenced in the staff report. Mr. Rothfelder addressed staffs response in that the City did not make a mistake in 1999, rather it correctly interpreted its regulations and established a precedence. Mr. Rothfelder believes it was Council's intent that spacing intervals be measured on the same side of the highway. One should not compare spacing requirements for apartments with spacing requirements for billboards. Mr. Rothfelder requested the Board reverse the decision of the Enforcement Officer by granting the Appeal. c. OPPONENTS There was no opposition presented. Motion by Bob Capen to deny Appeal #A08-001 and to uphold the Enforcement Officer's decision to deny a permit to SignAd, Ltd. to erect an off premises advertising sign at 1911 W. Main Street. Second by Chester Pool. The motion carried.