Portland zoning board denies variance request for second electronic message sign at 75 Northport Drive

PORTLAND — The Portland Zoning Board of Appeals voted unanimously on Oct. 16 to deny an undue hardship variance that would have allowed two electronic message signs on a single lot at 75 Northport Drive.

Preston, an owner of NextGen Fitness and the applicant, told the board the property’s buildings are tucked back from Washington and Allen avenues and lack visibility, making signage essential to lease remaining space. "Signage is huge for us," Preston said, describing plans to use one face for the gym and the other to promote future tenants, including a restaurant that has expressed interest.

Board members pushed back that the lot already supports business uses. Preston said the owners purchased roughly 87,000 square feet, put their gym into about 28,000 square feet and have leased 15,000 square feet to external tenants, leaving about 46,000 square feet unleased after two years. He said the owners paid for the existing sign and agreed to give other condo owners ‘‘rider’’ space on the digital board.

In deliberations the chair and staff cited relevant provisions of the Portland Land Use Code, including the sections the applicant referenced governing electronic message signs and the undue hardship variance standard. The board emphasized the legal test requires the applicant to show the land cannot yield a reasonable return without the variance and, at the highest standard, that the restriction causes loss of all practical use.

Several members noted the presence of current tenants and the shared condo ownership of the lot. While members acknowledged the lot’s two entrances were unusual, they agreed the existence of business activity undercuts a finding that the property has lost all practical use without a second electronic sign. After discussing the four statutory criteria for a hardship variance, the board moved to accept findings and then voted on the final decision.

On roll call, Todd Morris, Dan Black, Andrew Weaver and Nancy English each voted to deny the variance. The chair told the applicant, "It's a very high bar to clear, and you've cleared all the others. But, unfortunately, loss of all practical uses is kind of the highest bar there is." The motion to deny carried 4-0.

The board provided no avenue for immediate public comment during the hearing; the public comment period was opened and the chair reported no attendees. The denial means the lot must continue to comply with the ordinance limiting one electronic message sign per lot unless and until a future appeal or a change in code is granted.

The Zoning Board of Appeals adjourned following the vote.