The Board of Zoning Appeals on July 2 granted a variance permitting a new freestanding sign cabinet at the Arby’s restaurant at 1315 Elliott Drive that exceeds the B-2 district’s standard maximum sign area, while the applicant said the new design would lower the mounted sign face height.

Staff member Miss Abbess summarized the application (case number 19-25), noting the property is in the B-2 Community Business District where the code permits freestanding signs up to 10 feet in height and 80 square feet in area for lots of the indicated width. The applicant requested a ground-mounted sign 13 feet tall with a 134.5-square-foot sign face; staff explained the existing sign structure on-site is legally nonconforming and that any alteration that changes the sign’s face or height removes that nonconforming status and requires a new sign to meet current code unless the board grants a variance.

Justin Scaff of 1 Stop Signs, representing Arby’s and the franchisee, told the board the proposed new cabinet is intended to refresh branding and that the existing steel support structure remains usable. Scaff said the new cabinet will reduce the sign from the existing configuration: "If we don't grant terms today, it creates a scenario where Arby's has an incentive to keep up that old cabinet and keep the current conditions they have on-site... We're trying to create new branding and new logo on top of it to improve the appearance of the sign," he said. Scaff also argued that the typical calculation counts the rectangular box around letters and voids, which inflates the measured graphic area compared with actual filled surface.

Staff clarified technical measurement issues: the code measures sign height from the bottom of the electronic message center to the top of the brand element (the "hat"), not the height of poles or other supporting posts; the applicant's measurement of 24 feet, 4 inches included the support structure, which the city does not count. The applicant said the existing sign face area would remain essentially the same, and the new sign would be slightly shorter by the city’s sign-face measurement method.

No public opposition was presented. Board members discussed the broader policy preference for monument-style ground signs in the corridor versus pole-mounted configurations but also cited the risk of leaving the existing cabinet in place for an extended time if the application were denied (a "hostage" scenario described by the applicant). Board members noted the application would reduce overall mounted sign height under the city’s measurement standard and would not increase visual clutter relative to existing conditions.

Citing review criteria including whether the spirit and intent of the code would be observed and whether substantial justice would be done, the board approved the variance in a roll-call vote, with all members voting yes. The file notes the applicant intends to replace the cabinet and utilize the existing support posts and that the electronic message center size would remain unchanged.

Why it matters: The decision allows a high-profile commercial sign to be modernized while retaining a sign face area larger than the code’s limit; it underscores how technical definitions of sign height and area (including whether supporting structure is counted) can determine compliance.

What’s next: The applicant may install the new cabinet and graphics; permits and any building-sign permits must be obtained and inspections completed.