02/27/1978 Meeting - Laserfiche WebLink

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e Sally Weston, 2595 Highland Drive, represented Fairmount Neighbors. The group was in agreement with the staff and Sign Code Board of Appeals position. She said the neighborhood organization values that area as an asset and noted there were many signs in the area because it is on a highway. The group is not in opposition to murals in general, but they did feel the need to consider this particular one as a sign. She said if it were allowed to be used, it should be done so at the expense of removing some of the other signs in the area. Public hearing was closed there being no further testimony presented. Manager noted Council would have to adopt findings of fact so its action tonight would not be final. e Mr. Bradley wondered if the Code would allow Council to suggest changes in the composition. Mayor Keller and Assistant Manager noted for Council it should focus on the issue of whether or not the composition is a sign or a mural. The appellant could resub- mit another composition if Council decides to deny the appeal. Ms. Joyce Benjamin, City Attorney's office, said one problem involved in this issue was facing the first amendment constitutional problems. She read from the City Code the definition of a sign. Mr. Hamel moved, seconded by Mr. Delay, to deny the appeal on the basis that the picture is a sign and asked staff to prepare findings of fact for adoption. Mr. Delay said he had reviewed the record and found the City Code definitely did not have anything to say about murals. He had a question as to whether or not to regard this composition as a sign. He said in his judgment it appeared to be a very gray area between being decorative and descriptive. However, he felt he had to support the motion until Council had some more definitive way of dealing with some of these questions. However, he did feel this composition did draw attention to the particular store business. Vote was taken on the motion which carried with Delay, Hamel, and Smith voting aye; Bradley voting no; and Obie abstaining. II. ORDINANCES HELD FOR READING--None. III. ORDINANCES FOR FIRST READING C.B. 1611--Levying assessments for paving, sanitary sewer, and storm sewer within 11th Addition to Nob Hill (1260) (76-69) was read by council bill number and title only, there being no Council member present requesting it be read in full. - 2/27/78--13 131