American Legion Post 49 seeks LED sign variance; staff recommends denial, neighbors cite brightness and driver distraction

Delmar A. Copeland, agent for the trustees of American Legion Home Post 49, asked the Wilmington Board of Zoning Appeals for two variances to install an electronic LED display and to allow the changeable copy face to exceed 50% of the total sign area at 140 Locust Street.

Shirley (staff) read the applicant and the two variance requests into the record: a variance to Section 117.3.09(B)(4)(e) to allow an electronic LED display sign and a variance to Section 117.3.11(A)(4) to allow the changeable‑copy face to exceed 50% of the total sign area (or 20 square feet, whichever is less). The staff report described the proposed ground sign dimensions as 51 inches by 45 inches (4.25 feet by 3.75 feet) for the LED portion, and a remaining non‑LED panel 1.16 feet by 3.58 feet; staff calculated the proposed total sign area as about 20.1181 square feet with the LED portion representing roughly 79% of the sign face.

Mike Crow, the building zoning administrator, reviewed review criteria and staff findings and recommended denial. The staff report said the request does not meet the board’s review factors because the proposed sign would “not align with the essential character of the neighborhood,” would not “observe the spirit and intent behind the subject zoning requirement,” and the variance is “substantial and not the minimum necessary to afford relief.” The report noted the city has not granted similar variances in districts where such signs are prohibited.

Jim Cook, who identified himself as the applicant's representative, said the proposed LED sign is “no bigger than the sign that's in there,” that the lower non‑LED sign would remain and the LED unit would “automatically dim itself at night.” Cook told the board the LED display would be static and that the American Legion contributes to the community.

Opponents living near the site spoke. Edward Gehring, who said he lives next door at 148 East Locust, said the current sign is visible from his property and he worried the LED display could be brighter in the future; he also said driver distraction is a concern on the short block. “I'm just concerned how bright it will be at nighttime,” Gehring said. Jeff Early, who said he owns 148 East Locust Street (across the parking lot from the American Legion), said the sign could shine into tenants’ bedrooms and asked that the board decline the request.

Board member Larry Rinesmith described the city’s history of limiting lighted signs, saying the zoning code had been changed years earlier to restrict illuminated trailers and similar devices; he said the number of digital signs in the city has increased over time and reported counting 18 signs on a recent drive through town. The transcript ends after extended discussion; no final vote on the variance request is recorded in the provided excerpt.