HomeMy WebLinkAboutA to Z Rental & Supply - AP-01-001BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE APPEAL )
OF THE PLANNING AND ZONING )
ADMINISTRATOR'S INTERPRETATION )
OF THE DEFINITION OF "FLASHING )
SIGN" FOR A TO Z RENTAL & SUPPLY )
SIGN )
)
BY: A TO Z RENTAL )
)
C/C 02-06-01
ORDER GRANTING
APPEAL, OVERRULING
PLANNING AND ZONING
ADMINISTRATOR'S
DENIAL OF APPLICATION
AND ORDER OF REMAND
This matter coming before the City Coundl on February 6, 2001, at the hour
of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho,
upon the appeal of A to Z Rental & Supply, and the Council having received the
Appeal Application form, and the record in this matter, and having heard the
arguments and presentation of Shari Stiles, Planning and Zoning Administrator, and
Toby Williamson, the Applicant, and being fully advised in the premises issues the
following Findings of Fact and Conclusions of Law and Decision and Order:
FINDINGS OF FACT
i. Toby Williamson submitted for approval, to the Planning and Zoning
Administrator, an application for a new sign for A to Z Rental & Supply which
includes a computerized electronic reader board, similar to the signs at Meridian
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 1 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORD£R OF P~M~ND (By: A to Z Rental - AP-01-001 )
High School, the Meridian Public Library, and the Idaho Independent Bank, located
in a Community Business C-C) zone at 1603 East 1st Street, Meridian, Idaho.
2. The Planning and Zoning Administrator's office denied the application
for a new sign for A to Z Rental & Supply which includes a computerized electronic
reader board at 1603 East pt Street, Meridian, Idaho, upon the basis that electronic
reader boards, within the existing sign ordinance, are classified as "flashing lights"or
containing the potential to flash lights, which are prohibited by Ordinance 11-14-
3.G. Therefore, to be consistent with previous applications for electronic reader
boards, and the interpretation of Ordinance 11-14-3.G., the application was denied.
Additionally, the Planning and Zoning Administrator informed the Applicant
that the proposed sign without a reader board would be acceptable. Prior to
submitting the sign application, the Applicant's sign company sale representative was
informed that an amendment to the sign ordinance was pending before the City
Council, and that the ordinance amendment prohibits electronic reader boards in the
C-C zone. The proposed sign ordinance allows electronic reader boards up to 20% of
the sign background area, but only in the C-G and I-L zones. They are prohibited
the C-C zone.
3. Toby Williamson timely filed an appeal of the Administrator's
determination and decision for hearing before the City Council.
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 2 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: A to Z Rental- AP-01-001)
4. The sign, which will be used for the electronic reader board for A to
Z Rental & Supply, includes a computerized electronic reader board, and will scroll
and switch to time and temperature, but will not flash, and it conforms to the
maximum height reqttirement. The sign is intended to enhance the looks of A to Z
Rental & Supply, to provide promotional information, time and temperature updates,
and provide a conduit for local public service announcements.
5. Subject to the conditions of Finding no. 4, herein, the proposed use of a
computerized reader board sign will not have "flashing lights" and is not a prohibited
sign, and therefore, the decision of the Administrator of denial is over-ruled.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating signs as follows:
1.1 The activities and types of signs shall be expressly prohibited in
all districts except as otherwise provided by Ordinance.
1.2 Flashing lights or strobe lights of any color.
2. The City ordinances provide at Meridian City Code § 11-3-4 for an
appeal, hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 3 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: A to Z Rental- AP-01-001 )
DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION FOR A
COMPUTERIZED ELECTRONIC READER BOARD AT 1603 EAST 1 ST
STREET, MERIDIAN, IDAHO OF TOBY WILLIAMSON
AND ORDER OF REMAND
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The decision of the Planning and Zoning Administrator of denial of the
computerized reader board sign is based upon the grounds that electronic reader
boards, within the existing sign ordinance, are classified as "flashing lights"or
containing the potential to flash lights, which are prohibited by Ordinance 11-14-
3.G. Ordinance 11-14-3.G., state as follows:
11-14-3 PROHIBITED SIGNS:
G. Flashing lights or strobe lights of any color.
2. This matter is remanded to the Planning and Zoning Administrator for
further action in accordance with this decision.
NOTICE OF FINAL ACTION
Please talce notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the appeal may within twenty-eight (28) days after the date of this decision and
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 4 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND OP, DER OF P, EMAND (By: A to Z Rental - AP-01-001 )
order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~'q-~/'r'-- day of
,2o01.
ROLL CALL:
COUNCILMAN ANDERSON
COUNCILMAN BIRD
COUNCILWOMAN deWEERD
COUNCILWOMAN McCANDLESS
VOTED
VOTED
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: .a~-ff'g:v -- O/r
VOTED
MOTION:
APPROVED: ~ .... p!SAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Dated:
Department and the City Attorney.
City Clerk // ~"
msg/Z:\WorkWi~Meridian~qleridian 15360M~A Z Rental Appeal of P &
Z~ORDERGrantingAppealOver-RulingPZDenialFlashingSign.wpd
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 5 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REMAND (By: A to Z Rental - AP-01-001)