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Dairy Queen sign variance put on hold while council, applicant explore sewer easement protections
Summary
A Dairy Queen sign-variance request to permit a pole sign and reduced setback prompted a long public hearing on Feb. 3; staff and the applicant agreed to obtain cost and engineering estimates for steel casing or other protections so the applicant’s sign would not be forced to be removed if the city performs utility work; the council asked the applicant to return when ready.
Tony McElwain, the city’s development services director, presented a sign-variance request (Case 24-365) from a Dairy Queen franchisee seeking permission for a pole sign and a reduced setback at the new Dairy Queen site on Southwest Wilshire Boulevard. The request arose after city staff and the applicant discovered a recently installed sewer line and an enlarged easement (expanded from a 10-foot to a 25-foot easement during site development), which would complicate placement of the monument sign originally proposed.
Why it matters: The case raised competing concerns about public-right-of-way/utility protection and a business’s need for visible signage at a busy state highway frontage (US 174). Dairy Queen owner Nathan Mayfield and Molly Brown of Comet Signs explained the operational and visibility needs for a pole sign and expressed concern about the potential $20,000–$30,000 cost of replacing a monument sign if utility work required removal.
Key technical and policy points: Staff explained the city’s code draws a line at Elk Drive for freestanding (pole) signs and, south of that point, monument signs are typically required. Staff said the sewer line was in place as part of the site’s development in 2024, and that if private improvements sit in an easement and the city must do maintenance, the property owner bears the cost of replacement; staff also described a common engineering mitigation — installing steel casing (a protective sleeve) around the utility — to allow utilities to be replaced without removing the sign. Council members asked staff to obtain casing options and cost estimates and to work with the applicant to identify potential alternate locations; staff confirmed a monument sign could still be placed but likely farther back (25-foot setback) and that the pole sign request would require a variance.
Public-safety and circulation concerns: The Dairy Queen owner and an adjoining business owner reported sight-line and parking concerns near the intersection and asked police staff to review on-street parking there. Council recognized existing grandfathered pole signs in the area and repeatedly cautioned that granting a variance should be considered on its merits because each variance sets an independent precedent.
Outcome and follow-up: Council did not approve the variance. Instead, members asked the applicant to return with engineering/cost information about protective casing or alternative sign placement; the mayor directed the applicant to coordinate with city staff and notify the city when ready to come back on the agenda. One motion to table the item was discussed and then withdrawn so the applicant could return after providing requested data.
Next steps: Applicant will pursue cost/engineering estimates (steel casing/sleeve, encasement options or alternative monument placement) and work with staff on a right-of-way use/agreement or an amended variance request. Council indicated they would review the case on its merits once those details are provided.
