06/06/2002 Minutes - Laserfiche WebLink

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?I /?- ???/ (, ) 0 2- requests 91, 3, and 4. Mr. Conway said that is correct. Mrs. Sergi asked Mr. Conway if his point on the multiple ground signs has to do with what is printed on the sign. Mr. Conway said they cannot control the content. Mrs. Sergi asked if they can grant the variance and have the applicant agree to only have "enter" and "exit" on the sign. Mr. Conway said the legal department can handle that issue because we don't want to end up in court because we are controlling content in some manner. Mr. O'Malley said the lawsuit was not limited to the issue of content but it was a very significant factor. He said the code allows for one ground sign. Mrs. Sergi asked if the issue is with more than one ground sign or is it the content on more than one sign. Mr. O'Malley said he believes the building commissioner does not want the city to be accused of regulating and he certainly doesn't want to be saying that he is trying to control the free speech of any sign applicant. He said perhaps the board would be wise not to do so either. Mrs. Sergi asked if a plan was submitted with something on it, and the board approved it as it was stated, would they then avoid that issue. Mr. O'Malley said that is not avoiding it. Mr. Kremzar indicated they have the right to say they will allow only one sign. W. O'Malley concurred. Mr. Lafler asked if Mr. Conway thought directional signs would help. Mr. Conway said from a safety standpoint, the city is in favor of safety but our hands are tied by the federal court. Mr. Lafler indicated he would like to continue. Mr. O'Malley pointed out that the opportunity for the city to obtain compliance with the code is when things are being changed. When someone knocks down a garage and comes in, that is the opportunity to require compliance with the code, or not. Here is a new tenant and an opportunity to bring the property into compliance with the code, or not. Mrs. Sergi asked if the owner knows about the sign changes. Mr. Lafler said the building is being leased and the owner is aware of what they are proposing. W. Kremzar motioned to grant Sofa Express, 24869 Lorain Road, the request for variance (1123.12), which consists of new signs, and that the following variances be granted: 1. A variance for 2°d wall sign (code permits 1, applicant shows 2), section (1163.27 (a)). 3. A 2 foot, 6 inch variance for a wall sign higher than code permits (code permits 4 ft., applicant shows 6 ft. 6 inches), section (1163.27 (c)). 4. A 2 foot, 6 inch variance for a second wall sign higher than code permits (code permits 4 ft., applicant shows 6 ft., 6 inches), section 1163.27 (c)). Note: Regarding the second variance request, two of the ground signs are directional signs with company name. Which is in violation of Ord. 90-125 section (1163.27 (a)), (1163.26 (a)), and (1163.27 (c)). The motion,was seconded by N. Sergi and unanimously approved. Variances Ga-anted. W. Kremzar motioned to grant Sofa Express, 24869 Lorain Road, the request for variance (1123.12), which consists of new signs, and that the following variance be granted: 2. A variance for multiple ground signs on a lot (code permits 1, applicant shows 3), section (1163.26 (a)). The motion was seconded by N. Sergi. Varaance unanimously Denied. 17). Tovs R Us• 27048 Lorain Road: (WRD-1) Request for variance (1123.12). The proposal consists of changing signs to include new corporate _ logo. The following variances are requested: 1. A 195.1 square foot variance for a wall sign larger than code permits (code permits 100 square ft., applicant shows 295.1 square ft.), section (1163.27 (c)). 2. A 99.1 square foot variance for a wall sign larger than building frontage permits (code permits 196 square ft., applicant shows 295.1 square ft.), section (1163.24 (c)). 3. A 5 foot, 2 3/4 inch variance for a wall sign larger than 4 ft. in height (code permits 4 ft., applicant shows 9 ft., 2 3/4 inches), section (1163.27 (c)). Note: Geoffi-ey logo is to be removed and discarded. Existing wall sign is now 235 square feet. Only the star behind the "R" is to be added making new sign 295.1 square per D.L.C. 11