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From YouTube: Board of Zoning Appeals September 27, 2022
Description
Board of Zoning Appeals
September 27, 2022
5:30 PM
Call to Order
Minutes
Old Business:
Final Orders
New Business:
A) App 23- 93001 — Petitioner the City of Aiken is requesting a' Variance to
Zoning Ordinance Sections 4.4. 7.B. 1., 4. 4. 8.A. & 4.4. 10. C. ' to permit an
additional freestanding sign on property zoned Residential SingleFamily/ Stable ( RSS) and generally located at 135 Dupree Pl. SW. ( TPN: 105-16- 01- 010).
Adjournment
A
B
A
As
a
reminder,
it
is
unlawful
for
any
person
giving
testimony
to
this
board
knowingly
providing
false
information
and
that's
according
to
section
22-9
of
the
Aitkin
municipal
code,
each
infraction
of
the
occipital
fence,
with
a
penalty
of
up
to
30
days
in
jail
and
are
a
fine
of
one
thousand.
Ninety
two
dollars
and
fifty
cents
to
the
board.
You
have
received
copies
of
the
August
23rd
2022
meeting
minutes
are.
A
A
D
E
E
Hopeland's
Gardens
is
located
on
approximately
four,
a
fourth
on
a
and
approximately
14
acre
parcel
at
the
corner
of
Dupree
placed
Southwest
and
Whiskey
Road
in
the
city
of
Aitkin
and
is
owned.
Rss
residential
single-family
Stables.
The
property
is
utilized
as
a
public
park
event,
space
and
Community
facility
with
related
parking
and
grounds.
The
correct.
The
request
is
for
a
variance
to
zoning
ordinance,
sections,
447,
B1,
448a,
4
and
4410c
to
prevent
an
additional
freestanding
sign
on
the
property
at
the
main
entrance
off
Dupree
Place
Southwest.
E
E
Pursuant
to
section
447b1
of
the
city,
zoning
ordinance,
not
more
than
one
freestanding
sign,
shall
be
permitted
per
lot,
except
where
the
lot
fronts
two
major
arterials,
as
determined
by
the
planning
director,
in
which
case
an
additional
freestanding
sign,
may
be
permitted
with
no
more
than
one
such
sign
located
along
each
arterial.
Although
Whiskey
Road
is
considered
an
arterial
dupiri
Place
Southwest
is
not
considered
an
arterial
because
it
does
not
meet
the
5000
trips
per
day
to
be
considered.
Such
section
448a
of
the
zoning
ordinance
states
that
institutional
signs
shall
be
ground
mounted.
E
Monument
type
signs
as
submitted
the
proposed
sign,
is
considered
a
freestanding
sign,
supported
by
separate
columns
and
fencing
section
4410c
of
the
zoning
ordinance
limits,
the
area
of
all
signage
on
properties
and
RSS
to
a
total
of
24
square
feet
in
area
and
eight
feet
in
height,
total
square
footage
of
all
signage,
including
the
proposed
sign
and
the
sign
to
remain
at
the
corner
of
Whiskey
Road
and
do
pre-play.
Southwest
is
approximately
43
square
feet
in
area.
E
Information
provided
by
the
applicant
about
the
site,
plan,
dimensions
and
look
of
the
proposed
sign
is
contained
in
exhibit
Behavior
agenda
packet.
This
is
the
final
design
submitted
to
the
planning
department
here
on
the
screen.
As
you
can
see
the
dimensions
there,
it's
about
six
foot,
ten
at
its
maximum
height,
approximately
23
feet
long
and
then
there's
sort
of
three
individual
signs
that
identify
the
identify
the
site.
E
E
That's
the
existing
sign
at
the
the
corner
of
Dupree
and
Whiskey
Road.
As
you
can
see,
the
approximate
dimensions
of
that
sign
are
about
23
feet,
24
feet
since
the
sign.
Okay.
Excuse
me
back
up
a
little
bit
again,
as
indicated
by
the
submitted
drawing
the
applicant
desires,
a
sign
that
is
approximately
14
square
feet
in
area
with
the
supporting
structure
being
six
foot
ten
feet
tall
and
23
feet,
six
foot
inch
wide
or
long
rather,
since
the
location
of
the
proposed
sign
is
not
situated
along
a
major
arterial
roadway.
E
The
property
cannot
contain
two
freestanding
Signs
by
right.
In
addition,
because
the
sign
is
classified
excuse
me,
the
use
is
classified
as
institutional.
A
non-monument
freestanding
sign
is
not
permitted
by
right.
Finally,
the
total
area
of
all
signs
proposed
exceeds
the
maximum
allowable
area
for
science
in
the
RSS
District.
Therefore,
a
variance
to
the
zoning
ordinance
is
required
to
permit
the
request.
E
The
site
ordinance
regulates
signage
by
intensity
of
District,
rather
than
use
or
proximity
to
Major
roadways,
city-owned,
public
facilities
and
or
parks
are
permitted
uses
in
the
RSS
District
by
right.
However,
Oakland's
Gardens
use
as
a
public
facility,
City,
part
and
city
park,
predates
the
zoning
District
classification
and
the
associated
requirements
for
signage
in
the
district.
E
As
previously
mentioned
signs
located
in
the
RSS
District
RSS
District
are
limited
to
a
total
of
24
square
feet
in
area
to
limit
the
impact
to
surrounding
residential
uses,
since
the
district
provides
for
low
density
residential
uses
on
large
lots
of
at
least
three
acres
by
prohibiting
multi-family
residential
commercial,
industrial
and
any
other
incompatible
land
uses,
while
allowing
for
Open
Spaces
suitable
for
horse
pleasure,
stables
and
for
single
family
Residential,
Properties,
on
which
horses
are
kept
fast
forward
here
a
little
bit.
This
is
a
copy
of
the
the
approximate
site
plan
for
the
sign.
E
E
Is
going
to
go
yeah,
so
this
is
this:
is
the
the
cul-de-sac
there's
it's
kind
of
hard
to
see
because
there's
there's
no
necessarily
north-south
orientation
here,
but
this
is
the
the
cul-de-sac
here.
This
is
the
proposed
location
of
the
sign.
This
is
to
pre-place,
so
I
assume
that
the
picture
was
taken
somewhere
over
here
facing
this
direction,
so
the
sign
would
be
roughly.
E
A
E
E
I'm,
sorry,
as
depicted
on
the
I'll
go
back
up
here,
one
second,
sorry,
as
depicted
on
the
attached
zoning
map
found
in
Exhibit
C,
the
surrounding
properties
in
the
city.
Vicinity
of
the
subject.
Property
are
also
zoned.
Rss
residential
single
family,
stable
generally,
the
surrounding
properties
are
privately
owned
and
are
utilized
as
Open
Spaces
suitable
for
non-commercial
horse
stables
or
a
single-family
Residential
Properties,
on
which
horses
are
kept.
The
property
directly
to
the
South
here.
E
Rye
patch
is
also
owned
and
operated
by
the
city
as
a
recreational
space
and
park
open
to
the
public
exhibit
do
you
have
your
agenda?
Packet,
contains
photographs
of
the
property
taken
by
staff
depicting
the
existing
conditions
of
the
property,
as
well
as
proposed
location
of
the
new
sign
and
the
distance
between
the
proposed
location
and
the
nearest
residential
home.
E
E
This
is
a
picture
taken
by
staff
of
the
cul-de-sac
again
just
to
illustrate
the
current
conditions
and
the
the
sign.
That's
there
again.
This
would
be
an
approximate
I
believe,
location
of
the
sign
kind
of
facing
towards
Dupree
to
oncoming
motorists,
just
a
little
bit
closer
picture
of
the
the
cul-de-sac
facing
west
and
again
a
picture
of
the
the
pre-existing
sign.
E
This
is
looking
North
across
the
street
from
the
cul-de-sac
to
the
nearest
neighbor
to
the
north
there
and
then
again,
kind
of
Northwest
excuse
me
Northeast
across
the
street,
to
the
nearest
neighbor
up
the
road
a
little
bit.
Both
of
these
properties
are
also
zoned
RSS,
but
that
kind
of
gives
you
an
indication
of
how
far
the
cul-de-sac
is
and
the
sign
location
is
from
the
the
neighboring
properties.
E
E
As
I
mentioned,
the
the
proposed
design
is
consistent
with
the
pre-existing
features
on
site.
This
is
a
gate
further
up
the
road
towards
Whiskey
Road
on
Dupree,
it's
I'm
not
exactly
sure
how
far
it
is
from
the
cul-de-sac,
but
in
any
case
it
is
similar
to
the
proposed
design
with
the
brick
columns
here
and
the
sort
of
wrought
iron
fencing
material,
which
the
sign
will
be
placed
on
again.
E
Here's
sort
of
an
indication
there
that
the
similar
in
design
to
pre-existing
fencing
on
the
property,
the
exact
design
and
materials,
are
regulated
by
the
design
guidelines
of
the
city's
historic
overlay
district
and
will
require
an
approved
certificate
of
appropriate
from
the
city's
design
review
board
prior
to
construction.
The
property
is
located
within
the
historic
district
overlay,
so
they
will
have
to
get
approval
from
the
design
review
board
as
well
for
materials
and
exact
design.
E
E
Just
the
one
individual
I
believe
he
was
the
the
neighbor
directly
to
the
Northeast
I,
think
it's
red
top
or
something
of
that.
The
name
of
the
the
historicum
just
just
across
the
street
I
believe
he
was
the
owner
of
that
property.
It's
this
property
here,
I
think
it's
called
red
top
or
red
red
yeah,
and
basically
you
just
wanted
to
see
this
design
as
submitted
and
in
the
email
he.
He
basically
said
it's.
In
his
opinion,
it
looked
good.
F
E
B
E
D
E
The
additional
size
yeah
now
that's,
including
the
sign,
that's
to
remain,
which
is
approximately
30
square
feet.
Now
we
determined
that
the
actual
signage
itself
here
here
and
here
is
approximately
only
14
square
foot
in
additional
signage.
This
the
structure
itself
does
not
count
as
signage,
so
it's
approximately
14,
maybe
15
square
feet
with,
with
the
actual
you
know,
signs
that
are
going
to
be
affixed
onto
the
structure
itself,
plus
the
30
square
feet
for
the
the
sign.
That's
at
the
corner,
so.
D
E
That
was
approximately
14
square
feet.
Okay,
so
it'll
be
maybe
like
roughly
the
half
the
size
of
this,
the
one
on
the
corner.
Well,
I,
guess
roughly
half
the
size
of
this
and
this
combined,
but
we
have
to
add
all
of
it
together.
So
that's
it's
approximately
45
square
feet
which
exceeds
the
24
and
that's
allowed
in
the
district
by
right
and.
E
B
E
G
G
E
Sorry
I
guess
I
should
clarify
they
may
have
to
go.
They
may
have
had
to
go
through
design
review
for
that
I
assume
that
it
wouldn't
happen.
There
wouldn't
be
much
scrutiny
based
on
the
fact
that
it's
consistent
with
the
existing
structure
fence,
but
as
far
as
the
board
of
zoning
appeals
review.
It's
it's
the
signage.
Basically,
that's
that's
the
the
issue,
not
necessarily
the
structure
itself,
so.
E
E
I
had
I'm
not
entirely
sure
I.
The
applicant
could
probably
speak
better
to
that
specific
question,
but
it's
my
understanding
that,
because
of
the
historical
significance
of
the
property
that
the
intent
is
to
kind
of
heighten
the
the
appropriateness
of
the
the
sign
to
kind
of
make
it
more
Grand
and
significant
entrance
for
for
folks,
that's
my
understanding,
but
they
may
be
able
to
clarify
that
a
little
bit
better
and
again.
I
think
it
also
is
an
attempt
to
kind
of.
A
A
H
A
H
G
H
A
H
F
H
It
will
be
to
to
give
you
some
context.
You
know
with
it
being
about
24
feet
wide.
That
circle
is
about
60
feet
wide,
so
it's
not
disproportionate
and
then
max.
If
you
don't
mind,
could
you
go
no,
the
one
that
you're
at
before
it's
similar
in
size
to
to
what
you
see
here
and
when
you
turn
off
Whiskey,
Road
and
head
towards
the
parking
lot,
you
pass
three
different
gated
entryways
into
hope
ones
that
look
like
this.
So
it's
very
much
in
line
with
what
you
see
as
you're
approaching
it.
B
E
Considering
here
not
not
necessarily
I
mean
the
final
final
design
per
se
will
will
be
subject
to
design
review
board
approval,
but
I
mean
you
know,
I
think
you
can
you.
You
should
be
able
to
make
a
determination
on
on
the
general
characteristics
of
of
the
sign
itself
or
the
structure,
it's
possible
that
they
will
change
slightly.
But
it's
again
not
my
assumption
that
that's
there
should
be
remain
relatively
consistent.
C
Dangerfield
and
I
live
at
240,
Lancaster,
Street,
Southwest
and
I'm,
the
president
of
friends
and
hopelands
and
ripe
hatch,
and
somebody
asked
why
we're
wanting
to
do
this
new
sign
in
2020.
That
was
the
50th
anniversary
of
the
city's
acceptance
of
hopeland's
Gardens
and
in
2021.
That
was
the
50th
anniversary
of
the
founding
of
the
friends.
So
in
1970,
Robert
Marvin,
who
was
a
very
famous
landscape
architect,
was
tasked
with
designing
the
gardens
because
they
were
a
wreck
and
there
was
a
lot
of
disagreement
about
whether
the
city
should
accept
this
property.
C
So
he
came
in
and
did
beautiful
designs
in
in
2020.
The
city
did
a
lot
of
work
in
the
gardens
and
they
brought
back
Matt
Kane,
who
was
a
a
student
of
Robert,
Marvin
and
Matt
Kane
did
a
lot
of
designs
and
walked
through
the
gardens
with
all
of
us
and
the
city
carried
forth
on
many
of
those
designs,
and
he
also
worked
a
lot
on
this
horrible
entrance
into
Oakland's
Gardens.
C
We
have
very
generous
trustees,
so
we
wanted
to
make
a
better
statement
than
what
it
looks
like
now.
I'm
sure,
as
you
did
your
homework
and
rode
by
here,
you
can
understand
why
we
need
a
new
sign
and
Aaron
worked
with
Matt,
Kane
and
they're
going
to
do.
All
of
this
need
planting
there
they're
going
to
do
new
curbing
around
there
a
sidewalk,
and
it's
just
going
to
make
a
statement.
When
you
come
down
to
pray,
you
won't
go
past.
It
until
Mrs,
Hayes
and
Dr
Andrea's
yards
you
will
see.
C
A
F
B
A
G
G
Aesthetically
pleasing
it
seems
that
they're
addressing
all
the
continuity
and
flow,
understandably
we're
not
the
drb,
so
I'm,
not
necessarily
focusing
on
that,
but
as
far
as
the
additional
signage
I
think,
it's
I
think
it's
essential
and
I
think
it's
a
good
next
step
and
I
think
have
Tastefully.
It's
done.
I
I'm,
I'm
very
motivated
to
to
approve
it.
D
And
I
I
just
think
what
we
can't
talk
about
Aesthetics.
So
you
know
I
I
could
say
that
this
is
gilding
the
Lily.
It's
it's
much
too
big
of
a
sign,
but
that's
an
aesthetic
issue
I'm
having
a
hard
time
swallowing
that
and
the
fact
that
well,
where
the
words
are,
is
the
sign
I
I,
don't
I,
don't
know
if
I
would
agree
with
that.
F
D
F
D
G
D
And
I
don't
have
a
problem
with
you
know
the
having
it
designate.
You
know
the
arrival
and
and
the
historic
significance
of
the
park,
but
it
could
be
that
could
be
achieved
with
a
understated
tastefully
understated
sign
other
than
this,
but
that's
an
aesthetic
consideration,
so
I've
just
got
to
hang
my
hat
on
the
size
of
the
square
footage
issue.