07/14/1986 Meeting (2) - Laserfiche WebLink

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Ms. Ehrman sa i d she will support the motion but the council will be approving only what the City will agree to. e Roll call vote; the motion carried unanimously, 7:0. C. Appeal of Sign Code Board of Appeals Decision (Alder Street Market) (memo, ordinance, background information distributed) City Manager Micheal Gleason introduced the item. He asked City Attorney Tim Sercombe to address the council before the staff report. Mr. Sercombe said the the council will hear the appeal of a denial by the Sign Code Board of Appeals of a variance request because the council was the second- step appeal body. He said the council recently changed the procedures and an Appeal Board is the final step in the future. He said the proceeding is a quasi-judicial one. He briefly discussed quasi-judicial procedures and standards. Answering a question from Mayor Obie, Mr. Sercombe said Chapter 2 of the City Code refers specifically to quasi-judicial procedures and the hearing is determined to be quasi-judicial because of case law. No ex parte contacts or conflicts of interests were declared by the councilors. Building Official Larry Reed gave the staff report. He said the Sign Code Board of Appeals denied a variance to Jim and Belinda Gracen for a e projecting sign (awning) over the public sidewalk for the Alder Street Market at 798 East 11th Avenue on June 16, 1986. The request was for projecting signs on 11th Avenue and on Alder Street. The Gracens appealed the decision. He distributed copies of Section 8.800, 8.808, and 8.640 of the City Code. Mr. Reed said the Sign Code states that a variance may be granted if a practical difficulty or physical hardship exists. He sa i d a physical hardship may involve the shape of a lot, the location of structures on a lot, or topographi c or other phys i ca 1 conditions of a lot. He said economic hardship exists if the value of non-conforming signs cannot be fairly or reasonably amortized. Mr. Reed said no economic hardship was claimed in the Gracen appeal and the Sign Code Board of Appeals determined that no practical difficulty or physical hardship existed. He said the Sign Code Board of Appeals determined that granting a variance to the Alder Street Market would give a special privilege to the market because it would allow a projecting sign that other businesses in the sign district cannot have. Mr. Reed introduced Barbara McDonald, Sign Inspector, to complete the staff report. Ms. McDonald said the Alder Street Market is within the Outlying Commercial Sign District. She reviewed the signs permitted in the district and said no signs extending over the property line are permitted. e MINUTES--Eugene City Council July 14, 1986 Page 7