BOARD OF ZONING APPEALS CASE SUMMARY FOR APPLICATION FOR ADMINISTRATIVE APPEAL Main Street

Transcription

1 BOARD OF ZONING APPEALS CASE SUMMARY FOR APPLICATION FOR ADMINISTRATIVE APPEAL 2024 Main Street April 14, 2015 at 10:00 A.M. City Council Chambers, 1737 Main Street, 3rd Floor Columbia, South Carolina Case Number: Subject Property: Zoning District: Applicant: Property Owner: AA 2024 Main Street (TMS# ) C-4 / DD (Central Area Commercial within a Design Development District) Jay Bender, attorney for Christ Central Ministries Christ Central Ministries, Inc. Council District: 2 Summary Prepared: 3/23/15 Requested Action: Review for Administrative Appeal. Applicable Sections of Zoning Ordinance: Sec (e)(4) Notwithstanding the provisions of Division 7 of Article 3 (nonconforming section, through ), the fixed display surface area of a legal nonconforming outdoor advertising sign may be replaced in whole or in part by display surface area with changeable copy, except under no circumstance is changeable copy permitted upon an outdoor advertising sign when that sign is within 300 feet of any residential district, including property zoned PUD-R. Generally, this permissibility does not include the replacement of, or some other substantial alteration to, the sign support structure, except where existing metal sign support structures would be replaced with new metal sign support structures. Sec (1) The Board of Zoning Appeals shall hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this article. Case History: March 10, 2015 Deferred. PAGE 1 OF 3

2 Staff Comments: The applicant does allege that the Zoning Administrator did err by denying an application to replace a legal non-conforming outdoor advertising sign with changeable copy. The applicant contends the following: (1) The Zoning Administrator erred in suspending consideration of the appellant s permit application for a changeable copy replacement sign on the subject property due to a previously issued but unexpired permit issued to a third party, the term of which permit extended beyond the third party s leasehold interest in the subject property. (2) The delay in consideration of appellant s application had the effect of denying appellant the ability to replace immediately the then existing fixed display sign with appellant s changeable copy as allowed by (e)(4) of the City of Columbia Code of Ordinances. 3/3/14 Zoning permit issued to Lamar to convert existing non-conforming outdoor advertising sign from static display to digital per (e)(4). 4/16/14 This office received a letter from Christ Central Ministries authorizing Hal Stevenson (Grace Outdoor) to assist them in acquiring a permit to convert the then existing outdoor advertising sign to digital. A new application was not submitted, only a copy of a prior permit from In 2012 Grace was given a permit to convert the sign to digital, but the permit expired and the work not started. I spoke to Mr. Stevenson in April 2014 and advised him that I could not issue a permit because another company (Lamar) had an active permit for the same job. 6/16/14 Lamar requested and was granted a permit extension until 12/31/14. The reason given was that they need additional time to complete the work. 6/18/14 Zoning Administrator sent a letter to Christ Central Ministries advising them that I would issue a permit in the future only if the requirements of (e)(4) were met and another company didn t have an active permit for the same work. 8/1/14 Received letter from attorney Tobias Ward on behalf of Lamar regarding property lease. 8/2/14 Lamar removes the sign from the property on or about this date. 9/23/14 Zoning Administrator meet with Mr. Stevenson and told him at the zoning counter that a permit could not be issued because Lamar still had an active permit, and that I was not sure if Lamar taking down the sign was the first step in a process of converting the sign. He still filled out an application for the sign conversion. No fee was paid and no permit issued. 12/31/14 Lamar s permit expires. 1/12/15 Zoning Administrator met with Mr. Stevenson who requested a determination on issuance of a permit for a digital advertising sign at to be erected at this location. 2/2/15 Zoning Administrator issued an interpretation letter. Generally, when you remove a non-conforming off-premise outdoor advertising sign, you lose the ability to put that sign back up. One exception would be if you took the sign down, you may be able to use that credit at a legal location based on certain ratio requirements and a waiver to claims of compensation from the sign owner. Another exception, would be the ability to replace an existing sign that is being converted to changeable copy, provided that the conditions found in (e)(4) are met. In this case, Lamar was the long term owner of a sign located at 2024 Main Street, and to my knowledge had a valid lease with the property owner for many years. Lamar submitted an application, copy of a lease agreement, and obtained a permit to convert the exiting sign to changeable copy per (e)(4). During this time, another company, Grace Outdoor, attempted to obtain a permit for exactly the same sign work and location. Staff could not issue a permit to replace a non-conforming outdoor advertising sign when another company had the same permit. During the time of having an active permit Lamar took the PAGE 2 OF 3

3 sign down. After the expiration of that permit, staff could not issue a new permit for a sign conversion that required replacement of existing metal sign support structures to another company when the sign and its structures no longer existed. I have never met with the property owner or been provided with a cancelled lease or any documentation that would concretely demonstrate that Lamar had lost the ability to remain on the property. To the contrary, on 8/1/14 this office received a letter from attorney Tobias Ward on behalf of Lamar which seemed to indicate the existence of a lease agreement. The only lease that was ever provided was by Lamar when they obtained the original permit. This office does have a duty to act in good faith and issue permits based on available information provided and the requirements of Chapter 17 of City of Columbia Code. This office should not be involved in or made party to the negotiation of a private lease agreement. Any questions of a lease dispute are not in the purview of BOZA or this office in my opinion, and should be resolved as a private legal matter. As a general rule with a sign permit, staff wouldn t even know about a lease, due do the fact that you don t usually find a company that will put a $150,000 sign on property they have no claim to. Had Lamar given up interest in their sign rights, not maintained a valid permit for the conversion, and the sign was still in place, staff would have issued a permit to a third party to convert to changeable copy if the requirements of were met. Another example, if Lamar did not have an existing permit for conversion, and a third party applied, we would have issued the permit. Since Lamar did not proceed with the conversion, but instead removed the non-conforming sign and allowed the permit to expire - the intent of section Division 7 Article (Intent Regarding Nonconforming structures) was satisfied. It is the intent of nonconformities to continue until they are removed, but not to encourage their survival. This office was presented with several complex what if scenarios from both billboard companies and several attorneys during the last three years regarding this sign. Every attempt was made to fair, reasonable, and accommodating to all involved. Ultimately, the decision of this office was based on reliance upon the simple wording of (e)(4): Notwithstanding the provisions of Division 7 of Article 3 (non-conforming section, through ), the fixed display surface area of a legal nonconforming outdoor advertising sign may be replaced in whole or in part by display surface area with changeable copy, except under no circumstance is changeable copy permitted upon an outdoor advertising sign when that sign is within 300 feet of any residential district, including property zoned PUD-R. Generally, this permissibility does not include the replacement of, or some other substantial alteration to, the sign support structure, except where existing [emphasis added] metal sign support structures would be replaced with new metal sign support structures (e)(4) Persons expressing support or concern about this application submitted the documents outlined below to staff. All documents are attached hereto and made a part of the record of the public hearing. None. PAGE 3 OF 3

4

5

6

7 Zoning Map Department of Planning & Development Services Legend ZONING INTERSTATES RAILROADS D-1 RS-1 RS-1A RS-1B RS-2 RS-3 RD RD-2 RG-1 RG-1A RG-2 RG-3 UTD MX-1 DD DISTRICT MX-2 C-1 C-2 C-3 C-3A C-4 C-5 DP DISTRICTS PD DISTRICT CC OVERLAY M-1 M-2 PUD-C PUD-LS PUD-LS-E PUD-LS-R PUD-R CITY LIMITS FEMA FP OUT OF CITY 1 inch = 150 feet RG-2 - NC MX Administrative Appeal AA ELMWOOD AVE A-B C Main Street TMS# RG-2 Cottontown - DP 1306 C-3 - DD C-4 MAIN ST SUMTER ST MARION ST µ ORIGINAL PREPARATION/DATE: This map was prepared by: Ralana Wilson for April 14, 2015 BoZA meeting DISCLAIMER: The City of Columbia Department of Planning and Development Services data represented on this map or plan is the product of compilation, as produced by others. It is provided for informational purposes only and the City of Columbia makes no representation as to its accuracy. Its use without field verification is at the sole risk of the user C CALHOUN ST C Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community ** DATA SOURCE - CITY OF COLUMBIA, GIS DIVISION

8

9

10 February From Pictometry

11 October From Google Street View

12

13

14

15

16

17

18

19

20

21

22

23

24

25 From: To: Cc: Subject: Date: Attachments: Pinckney, Fanessa "Blake Valentine" Cook, K Brian RE: Digital LED application Monday, June 16, :01:49 AM image001.png Your permit has been extended until 12/31/14. From: Blake Valentine [mailto:bvalentine@lamar.com] Sent: Monday, June 16, :00 AM To: Pinckney, Fanessa Subject: Re: Digital LED application If we could get to the end of the year that would be great. On Mon, Jun 16, 2014 at 8:58 AM, Pinckney, Fanessa <fcpinckney@columbiasc.net> wrote: Good Morning Brian: Permits are normally good until the job is completed unless the work cease for 6 months or more. I can extend the expiration date if you let me know how long you wish to extend the permit for completion. From: Cook, K Brian Sent: Friday, June 13, :22 PM To: Pinckney, Fanessa Subject: FW: Digital LED application Good Afternoon- What is the protocol on renewing versus reapplying for a permit that has expired? In this case, it is a conversation of an existing billboard from static to digital. Thanks, Brian From: Blake Valentine [mailto:bvalentine@lamar.com] Sent: Wednesday, June 11, :33 AM To: Cook, K Brian Subject: Re: Digital LED application Brian, Hope all is well. I have a question regarding this sign permit, CS The permit expires 9/13/2014. Should we not have the sign built by the expiration date can I renew the permit or do I need to reapply? Blake On Mon, Mar 10, 2014 at 6:22 PM, Cook, K Brian <kbcook@columbiasc.net> wrote: Blake-

26 We would have to issue them as a package. I checked with the Development Center Administrator as well and she concurred. I will be out of the office for a few days, Andrew or Michael will be able to assist if you get the permit this week. Thanks, Brian K. Brian Cook, Zoning Administrator Planning and Development Services 1136 Washington Street, Columbia, SC Phone: From: Blake Valentine [mailto:bvalentine@lamar.com] Sent: Wednesday, March 05, :32 AM To: Cook, K Brian Subject: Re: Digital LED application If possible, I'd like to just pick up the zoning permit for right now. I'll come back later and pick up the building permit. Blake On Wed, Mar 5, 2014 at 8:28 AM, Cook, K Brian <kbcook@columbiasc.net> wrote: You re welcome. The zoning permit is $11. The building department will have their fee as well, I ll check with Zach and see what it will be. -Brian From: Blake Valentine [mailto:bvalentine@lamar.com] Sent: Tuesday, March 04, :08 AM To: Cook, K Brian Subject: Re: Digital LED application Thanks Brian for all your help. I'll get a check issued and pick it up in the next couple of days. What is the price for the permit? Blake On Mon, Mar 3, 2014 at 1:09 PM, Cook, K Brian <kbcook@columbiasc.net> wrote: Blake- Your zoning permit is ready to go. As usual, please provide the necessary information for the building permit.

27 Thanks, Brian K. Brian Cook, Zoning Administrator Planning and Development Services 1136 Washington Street, Columbia, SC Phone:

28 PERMIT NUMBER CS INVOICE NUMBER A N D A D M D E R & E S S LOCATION OF IMPROVEMENT: OWNER: APPLIED DATE 03/13/ Main St Columbia, SC Christ Central Ministries, Inc Main St Columbia, SC FEE CITY OF COLUMBIA BUILDING PERMIT $ ISSUE DATE 03/13/2014 LIC. NO.: ISSUED BY fcp CENSUS Lamar Advertising Of Columbia 1221 Atlas Rd Columbia, SC TMS NUMBER NATURE OF WORK: Sign DESCRIPTION OF WORK SELECTED CHARACTERISTICS OF WORK Existing Outdoor Advertising Sign Face Change to Changeable Copy. The sign must be placed in the same location and the size must not be increased. Per the application, the existing display surface area is 245 square feet and the sign height is approximately 35 feet to the top OCCUPANCY and 23 feet to the bottom. REVIEW NUMBERS: NO. OF FLOORS: TOTAL FLOOR AREA OF NEW CONST.: SQ. FT. BASEMENT.: ACCESSORY STRUCTURES: LAND AREA.: OWNERSHIP: PERMIT EXPIRES: 1. PRIVATE 12/31/ PUBLIC Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. TYPE FRAME: HEATING FUEL: SINGLE FAMILY ONLY 1. FIREPROOF 2. FIRE RESISTANT 3. HEAVYTIMBER 4. NON-COMBUSTIBLE 5. ORD. CONSTRUCTION 6. WOOD FRAME 1. GAS 2. OIL 3. ELEC. 4. COAL 5. WOOD 6. OTHER NO. OF BATHROOMS: NO. OF BEDROOMS: TOTAL ROOMS: WATER: SEWER: TOTAL COST: $ PENALTY: ZONING APPR.: AFFADAVIT OF APPLICANT 1. No work will be started before permit card is posted. 2. No work will be continued if permit card is destroyed, lost, or stolen. 3. Contractor and subcontractors will secure (if required) a business license before beginning any work. 4. This permit is void if job is not started within 6 months of application date. 5. I will be responsible and will pay for the business license of any contractor or subcontractor doing work on this project if found without a license. 6. The undersigned owner or agent understands that the approval of this application does not constitute a privilege to violate any applicable governmental ordinances, codes, or laws, and that any omission of or misrepresentation of fact with or without the intention of the undersigned or any alteration or change from this application without approval of the Building Official, shall constitute sufficient ground for the revocation of any permit issued which was based on the approval of this application. This permit does not authorize any encroachment on public property. Signature of Applicant Date Print Name Address

29 Planning and Development Services Zoning Division 1136 Washington Street, Columbia, SC Phone: Fax: June 18, 2014 Pastor Jimmy Jones Christ Central Ministries, Inc Main Street Columbia, SC RE: 2024 Main Street ( ) Dear Pastor Jones: Thank you for your letter dated 16 April 2014, regarding interest in replacing the existing legal nonconforming outdoor advertising sign located at the above referenced location with changeable copy. As you may be aware, section (e) 4 of the City of Columbia Code of Ordinances, states the following: Notwithstanding the provisions of Division 7 of this article, the fixed display surface area of a legal nonconforming outdoor advertising sign may be replaced in whole or in part by display surface area with changeable copy, except under no circumstance is changeable copy permitted upon an outdoor advertising sign when that sign is within 300 feet of any residential district, including property zoned PUD-R. Generally, this permissibility does not include the replacement of, or some other substantial alteration to, the sign support structure, except where existing metal sign support structures would be replaced with new metal sign support structures. Currently, there is an active zoning/building permit (CS ) issued to Lamar Advertising, to convert said sign to changeable copy. Should that permit not be renewed or the proposed work completed, and/or should Lamar retain no property interest, it is my understanding that you immediately intend to obtain a permit for the conversion to changeable copy per (e) 4. This office would issue a permit to you or another if found to be in compliance with the above referenced section and any other applicable codes. Please let me know if you have any questions kbcook@columbiasc.net. Best regards, K. Brian Cook Zoning Administrator

30

31 Planning and Development Services Zoning Division 1136 Washington Street, Columbia, SC Phone: Fax: February 2, 2015 Mr. Hal Stevenson Grace Outdoor 1201 Lincoln Street, Suite 300 Columbia, SC VIA RE: Zoning Interpretation of City of Columbia Ordinance, (e) Main Street (TMS# ) Dear Mr. Stevenson: Per our meeting on January 12, 2015, you requested an interpretation of (e)4 relative to obtaining a zoning sign permit to install a digital outdoor advertising sign at 2024 Main Street. Section (e)4 states the following: Notwithstanding the provisions of Division 7 of this article, the fixed display surface area of a legal nonconforming outdoor advertising sign may be replaced in whole or in part by display surface area with changeable copy, except under no circumstance is changeable copy permitted upon an outdoor advertising sign when that sign is within 300 feet of any residential district, including property zoned PUD-R. Generally, this permissibility does not include the replacement of, or some other substantial alteration to, the sign support structure, except where existing metal sign support structures would be replaced with new metal sign support structures. It is my understanding that the non-conforming sign at the above referenced location was removed by the sign owner on or about August 2, As such, this office would not be able to issue a permit, per (e)4, to replace a sign that is no longer existing. The Board of Zoning Appeals shall hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of Article III, Chapter 17, provided that those appeals must be taken within 30 days after the order, requirement, decision or determination which is alleged to be in error is made. Sincerely, K. Brian Cook Zoning Administrator kbcook@columbiasc.net

32 This page intentionally left blank.