City of Lyndhurst, Ohio Board of Zoning Appeals
Agendas & Minutes
Print   Close
 
November 12, 2012: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, November 12, 2012, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Kimberly Colich, Chair; David Bader, Frank Koss, Frank Novak, Russell Warren
 
Others: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
 
Minutes:
 
Approve minutes of the Regular Meeting held August 13, 2012.
 
Approve minutes of the Regular Meeting held October 8, 2012.
 
Case No. 2012-05:
 
Request of Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
 
November 12, 2012: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals of the City of Lyndhurst met in Regular Session on Monday, November 12, 2012 in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Kimberly Colich, Chair; David Bader, Frank Koss, Frank Novak
 
Member Absent: Russell Warren
 
Others Present: Paul Murphy, Director of Law; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
 
The minutes of the Regular Meeting held August 13, 2012, were tabled due to a lack of a quorum that was at this meeting.
 
It was moved by Mr. Koss, seconded by Mr. Bader that the reading of the minutes of the Regular Meeting held October 8, 2012, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Mr. Murphy gave an overview of procedures for area variances.
 
Case No. 2012-05
 
Request of Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
 
Grounds for appeal and Section 1170.18 of the Planning and Zoning Code were read by Mr. Bader, Secretary.
 
Letters of invitation were mailed to all pertinent property owners, a copy of which is made part of the permanent file.
 
Mr. Mandato stated no letters were received in answer to the notification sent by the Building Department.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Daniel Ungar, Business Owner, 5471 Mayfield Road
David Boyer, Boyer Signs
 
Mr. David Boyer, Boyer Sign Company, testified that he is proposing a sixteen (16) millimeter pixel electronic signage using the existing monument sign. He then presented to the Board existing signage that Boyer Sign Company has constructed for other establishments. He then further testified that the existing sign outside of city hall is a twenty (20) pixel electronic sign, and the electronic sign proposed for Mar-Lou Shoes is sixteen (16) pixels, which would be a cleaner and crisper sign. He then testified that Mar-Lou Shoes has an extensive selection of brand name shoes and would like to advertise them on the proposed electronic sign.
 
Mr. Novak stated that Mar-Lou Shoes has a frontage of one hundred eighty-eight (188) feet, and the code states six (600) feet is needed. He then asked the acreage of the property.
 
Mr. Boyer testified that the property is approximately three quarters of an acre.
 
In answer to Mr. Novak's question regarding operating the proposed electronic sign outside of business hours, Mr. Ungar testified that the store closes at 8:00 p.m. during the week and would ask that the sign be lit until 11:00 p.m., and the proposed sign will be off from 11:00 p.m. or midnight until 6:00 a.m. or 7:00 a.m. He further testified that no advertising on the proposed sign will be sold; however he would put community events on the proposed sign if requested. He also testified that he feels an electronic sign will enhance his business and the city.
 
Mr. Koss stated that there are three (3) existing signs on the property; two building signs, one on the south side, one on the west side and a monument sign. He further stated that those sign are very prominent and visible. He also stated that the property doesn't even come close to the required amount of land needed for an electronic sign, existing is only 32.5% of the frontage needed, only one business would be on the proposed electronic sign when the required amount is ten (10) businesses, proposed is ten (10) percent of the required businesses needed, and only seventeen (17) percent of the land area needed is proposed.
 
Mr. Ungar testified that electronic signs are the way that society is going; they are the wave of the future. He then testified that he feels the electronic message signs are cleaner, clearer and better looking than the average static signs that are prevalent everywhere.
 
Mr. Koss explained that the electronic sign at Legacy Village met the requirements of Section 1170.18 of the Planning and Zoning Code, and that the proposed electronic sign for Mar-Lou Shoes doesn't even come close to meeting those requirements.
 
Mr. Bader reiterated that the code is specific in regards to acreage, front footage, number of businesses on the proposed sign, and based on the proposal this evening; this Board has little or no discretion when it comes to recommending to council to grant such a large variance.
 
Mr. Ungar asked why legislation wasn't adopted to allow businesses such as his, to erect electronic signs.
 
Ms. Colich recommended that Mr. Ungar address Council on that issue.
 
F I N D I N G S
 
The Board finds that:
  • There are already three (3) business identification signs for that property; two building signs, one on the south side and one on the west side and one monument sign.
  • Eighty-three (83) percent more property is needed to qualify for the required five (5) acres, sixty-seven point five (67.5) percent more frontage is needed to qualify for the six hundred (600) foot frontage on a public right of way, and the proposal only shows ten (10) percent of the total businesses required on the proposed sign.
  • The actual electronic message center is sixteen and a half (16 1/2) square feet.
     
    It was moved by Mr. Koss, seconded by Mr. Novak that recommendation is made to Council to confirm the decision of the Board to deny requested variance based on the above findings.
     
    Roll Call:
     
    Yeas: Colich, Bader, Koss, Novak.
    Nays: None
     
    Motion carried.
     
    It was moved by Ms. Colich, seconded by Mr. Koss that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried, meeting adjourned at 8:10 p.m.


  • Information provided by:
    The City of Lyndhurst, Ohio @ www.lyndhurst-oh.com

    on