05/01/2008 Minutes - Laserfiche WebLink

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Mr. Conway advised that the last owner was granted a variance for a second wall sign due to the uniqueness of the building front and positioning on Lorain Road. However the electronic sign changing text every 10 to 20 seconds dropping in or sliding out of sight should not be addressed by the Board of Zoning Appeals. He believes that the forum to determine such matters is City Council and if it is new technology which they wish to have considered Council should be addressing the matter. He does not want his inspectors to be required to go to sites with electronic signs and have to time the speed of the changes to ensure it was what was negotiated or time how often the sign change text. The applicant should petition the City Planner and or City Council to address the code. He strongly recommended the board follow the language of the code in the matter of the electronic sign. Mr. Beeman said that what they are asking for is no different then gas stations which run the price of gas or a sign that gives time and temperature it is all content and that is what they axe asking for. He didn't think there was a difference between changing the price of gas more than once a day then what they do. Mr. Conway advised that there was a difference between a price change and changing advertisement and the forum to review the issue was Council. Mr. Beeman said the Small Business Administration states that electronic message centers are not a distraction to drivers. Their readability and composition increases drivers safety and a study was done with cameras prior to and after a billboard was erected and the outcome showed no difference in the traffic flow or safety after the billboard installation. Mr. Fausel said he worked for a company that has been producing electronic signs since the 50's so the technology is not new. Safety is not a concern and there have been extensive study to show that safety is not a factor. In fact if police reports showed electronic signs caused accidents or fatalities they would be out of business. Mr. Gamble said that the sign would be in the peripheral view not on a pole sign 30 feet in the air so there would be no disruption to traffic. He is willing to compromise by discussing how often the messages will be changed and how it will change. Mr. Kaplan said he has watched areas grow and expand to become modernized and witnessed city's which didn't expand with time and those areas have vacant stores along city roads and they are trying to modernize their new site to keep the business growing. He chose the area as he could see that the city is in the process of modernizing itself with newer buildings and codes and they wish to be a part of the growth. His family's company is committed their business to the area and will be involved with local community efforts to help the city evolve. Mrs. Diver read aloud section 1163.23 of the codified to ensure everyone was clear as to what was written: No sign or other advertising structure shall have any lights or illumination that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulses. Ms. Rudolph asked for clarification from the law department. Mr. O'Malley said that the codes, policy and procedures are established by City Council and although the applicants are clearly committed to the city the forum to address the applicant's pleadings is City Council. The Building Commissioner is the enforcer of the code and although the applicants have remedies to appeal the commissioner's decision the testimony given is being presented to the wrong forum. The applicant's appeal is that they are active committed citizens with a great product and therefore the board should find a way to negotiate their system into use. The applicant must show the code creates a practical difficulty which they have failed to do. The applicants arguments are; it will save them money in advertisement, they have an affordable product to offer, they are willing to compromise on how the system is used i.e. changing text face, speed of text change and they are a community minded business none of which shows practical difficulty. 6