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Westminster appeals board upholds zoning finding, denies request to treat apartment sign as business sign
Summary
The Board of Zoning Appeals affirmed the zoning administrator’s June 11, 2024 determination that a sign at 301 East Main Street is a business sign tied to a business use not legally established on the property; the board denied the applicant’s appeal after public testimony and arguments from both sides.
The Westminster Board of Zoning Appeals on Nov. 5 affirmed a June 11, 2024 zoning determination and denied an appeal by East Coast Real Estate Investments seeking to treat a sign at 301 East Main Street as a business sign tied to an established business on the premises.
The decision matters because the zoning administrator found the existing sign was intended to identify East Coast Real Estate Investments, which the administrator said would be a professional/business office use — a use that is allowed in the downtown business (DB) zone only if the business is legally established on the site. The board concluded the applicant had not shown the property contained a legally established principal business use and therefore the sign permit could not be approved as a business sign.
Mark DeBo, director of community planning and development, summarized the zoning determination for the board and argued the appeal rested on facts not before the board. “The appellant’s arguments are misleading and incorrect as they do not pertain to what is before the board, which is only the zoning determination provided with exhibit 4,” DeBo said in his presentation of the staff report. DeBo’s written finding notes the site plan approved Nov. 5, 1986 established a multifamily residential use (15 units) and that the property’s principal approved use remains residential. The zoning administrator concluded a business sign is permitted only if the associated principal business use is legally established on the premises.
Attorney Matthew Irff, representing East Coast Real Estate Investments, said the company had submitted a sign-permit application and a zoning-determination request after East Coast replaced a longstanding, weathered sign. Dustin Donagno, identified in testimony as the owner and sole member of East Coast, told the board the previous sign had existed for many years and that East Coast replaced it with a same-size modern panel to improve visibility and safety for deliveries and emergency responders. “The sign was very weathered,” Donagno said, describing the replacement as routine maintenance and a community improvement.
Several residents and business supporters spoke in favor of East Coast, saying the company has renovated properties downtown and that signage helps wayfinding. A letter from the mayor and city council, read by a council representative, urged the board to uphold the zoning administrator’s determination; the council’s letter argued the primary use of the property is residential and therefore the sign is not a business sign under the zoning code.
The zoning administrator outlined two paths for the applicant to obtain signage at the site: (1) establish and show a principal on‑site business use through an amended site plan so a business sign could be permitted under DB zoning, or (2) seek Board of Zoning Appeals approval for a sign for the multifamily residential special‑exception use (the zoning administrator noted an approved special‑exception multifamily use may have a sign not exceeding 32 square feet). The administrator’s letter and staff report emphasized the distinction between an accessory activity (leasing meetings in a laundry room) and the establishment of a principal office or business use.
After discussion, a motion to uphold the zoning administrator’s June 11, 2024 determination and deny the appeal was made, seconded and approved by the board. The board did not approve the applicant’s sign permit at the hearing.
What happens next: the applicant may pursue one of the options identified by staff — amend the site plan to establish a business/office use at the property or request Board of Zoning Appeals approval for signage in connection with the existing multifamily special‑exception use. The board’s ruling affirms that, under current city zoning rules, a business sign requires the principal business use to be legally established at the site.
Votes at a glance
- Motion: Uphold the zoning administrator’s June 11, 2024 determination and deny the appeal by East Coast Real Estate Investments regarding the sign at 301 East Main Street. Motion made and seconded; board voted to approve (recorded on the record as “Aye”).
