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Board denies two wall-sign variances for 733 Boulevard in split vote; existing legal nonconforming sign may remain
Summary
The Board of Zoning Appeals denied two requests to allow wall signs larger than 200 square feet at 733 Boulevard, voting 3-2 on each denial. Staff recommended denial and noted the site currently has a legal nonconforming sign of about 237 square feet that may remain if unchanged.
The Board of Zoning Appeals on April 14 denied two variance requests for wall signage at 733 Boulevard, voting 3-2 on motions to reject the petitions to permit wall signs larger than the 200-square-foot limit in the Unified Development Ordinance.
The petitions sought permission for wall signage exceeding 200 square feet on the north and south front walls of the building. Planning staff recommended denial, saying the applicant had not demonstrated a practical difficulty that would justify larger signage; staff noted the site already contains a legal nonconforming wall sign of approximately 237 square feet.
The board debated visibility and the practical effects of trees and setbacks. Several board members said that because the building is set back and partly screened from U.S. 31 by trees and a multi-tenant pole sign, the front wall signs would not materially improve visibility from the roadway. One member said the pole sign along US 31 is the primary visible sign and that enlarging wall signs would move the site further out of compliance.
Outcome and technical limits The board denied the north-elevation request by a 3-2 vote (motion by Mr. King; second by Ms. Peters) and denied the south-elevation request by the same margin. Planning staff told the board that a legal nonconforming sign may remain at its current size so long as it is not altered; any structural change to the sign or replacement would require compliance with the 200-square-foot limit unless the board approves a variance. Staff also said the board could have approved a restriction to keep a replacement sign no larger than the existing 237 square feet if it found a practical difficulty; staff’s recommendation, however, was for denial.
Administrative steps After the denials, the board voted 5-0 to direct corporation counsel to draft written findings of fact to incorporate the staff report and evidence for adoption at the next meeting.
Speakers quoted or referenced in this report are identified by name and role where provided in the meeting record.
