Board allows small drive‑through height variances for Wendy’s, denies presale menu board variance

The Zoning Board of Appeals on Sept. 18 approved two limited variances to allow drive‑through menu boards for the Wendy’s at 255 Old National Highway to sit marginally above the local six‑foot height limit, while denying a requested digital presale board sign (case V‑25‑008).

Collin Wise, who identified himself as the IT manager for the Wendy’s franchise, told the board the restaurant was a remodeled site that predated the City of South Fulton and that the new boards replaced original signs that were not repairable. “We remodeled this as a remodel location that existed long before the City of South Fulton,” Wise said. He said plans for the remodel were approved by the city during the construction process, but that the sign permit process had not flagged the variance the contractor later installed.

Staff had recommended denial; the staff report noted the height limit for drive‑through menu boards and that signage is permitted only after the separate sign permitting process. The applicant told the board the height overage for the menu boards was small — 6.07 feet, less than an inch above the six‑foot maximum — and said one possible remedy would be to ask the manufacturer to lower the mount or provide custom brackets. The applicant also said the two menu panels are standard Wendy’s design elements used in other recently built Wendy’s locations.

Board members debated precedent and enforcement. Doctor Blackshear noted the replacement signs appear new and asked why the company had not sought a permit before installation. Staff advised signs are permitted separately from building permits and that, if the board denied the variance, the city could require removal and pursue code‑violation remedies.

Final action: The board voted to grant the two height variances for the drive‑through menu boards (both approximately 6.07 feet) but denied the variance for the digital presale board. The motion to approve the height variances and deny the presale board passed by a majority after hand counts on the floor. The board discussed possible options for the applicant, including lowering the mounts or removing the second sign if necessary; the applicant said removing the presale board would be possible if required.

Why it matters: The decision preserves the city’s sign height standard while allowing a narrow tolerance for menu‑board height on a remodel of a pre‑city building. Staff noted that, if signs have been installed without permits, code enforcement remedies could apply if the board had denied the request.

Speakers quoted include Collin Wise (IT manager, Wendy’s franchise), an unnamed Wendy’s franchise owner (identified in testimony as the owner of 46 Wendy’s outlets), board members and staff.