He stated that no oaths of office would be conducted at the meeting. Draft

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1 March 1, 2016 Board of Adjustment Special Called Meeting Waxhaw Police Department Community Meeting Room, 6:30 pm Special Called Board Meeting 1. Call to Order The meeting was called to order at 6:30 PM by Dustin Williams. He stated that no oaths of office would be conducted at the meeting. 2. Oath of Office None Anthony Marquart nominated Dustin Williams for Chairman and Michael Downing as Vice- Chairman. Tracey Wesolek seconded motion passed unanimously, (5-0). 3. Roll Call and Determination of Quorum A roll call and determination of quorum were made. Present: Anthony Marquart, Michael Downing, Tracey Wesolek, Dustin Williams, Art Meyer Staff Lori Oakley, Staff Chris Rice, Attorney Chaplin Spencer, Staff Marion Morton, and Interim Recording Secretary Oliver. Absent: None Also in attendance: Stacey Vinson 4. Public Hearing Art Myer motioned to open the public hearing. Michael Downing seconded. The motion passed unanimously, (5-0). A. VA is a request by the Waxhaw Elementary PTO, for a variance from Sections A, B and E of the Waxhaw UDO (Unified Development Ordinance) to allow for the placement of an electronic message board on the existing Waxhaw Elementary School sign. This will replace the current changeable copy portion of the existing sign. Section A does not allow for an electronic message board in a R2 (Single Family) district and the applicant is requesting a variance from this section to allow for an electronic message board in an R2 (Single Family) district. Section B only allows electronic message boards to be used for display of time and temperature and the applicant is requesting a variance from this section to allow for 1

2 school related information to be displayed on the electronic message board. Section E only allows an electronic message board to be eighteen (18 ) inches in height and allows two rows of text and the applicant is requesting a variance from this section to allow for an additional six (6 ) inches in height and an additional line of text on the electronic message board. The property is located at 1101 Old Providence Road (tax parcel # ) and is zoned R2 (Single-Family). Lori Oakley, Leigh Ann Lee, Bruce Witteveen, and Chris Rice were sworn in for testimony by Marion Morton. Staff Rice gave a presentation on VA (see attached). He stated that all UDO (Waxhaw Unified Development Ordinance) and state statute requirements were met for this public hearing and he entered his staff report and presentation into the record. Tracey Wesolek asked if the neighbors were notified about the variance request. Chris Rice stated that all property owners within 300 feet were mailed a notice and a legal ad was run in the paper. Anthony Marquart asked if there has been opposition to the variance request. Chris Rice stated that there has not been any opposition. Dustin Williams asked if this ordinance is typical for town this size. Chris Rice explained that it is but that digital signs are not uncommon for schools. Tracey Wesolek asked if the requested sign would be allowed in another zoning district. Chris Rice explained that digital time and temperature signs as well as gas price signs would be allowed in commercial district. Tracey Wesolek asked if Cuthbertson is in a different zoning district. Chris Rice stated that the Cuthbertson schools are outside Waxhaw s jurisdiction. Tracey Wesolek asked about the requirement for a black background for a digital sign. Chris Rice stated that the ordinance requires that the background be black with green or red letters. Bruce Witteveen stated that he is concerned that if the sign was flashing or blinking that would shine in his window. He stated that he is in favor of the proposed sign but not for flashing or blinking. Chris Rice stated that the ordinance would not allow for flashing, blinking, or scrolling. Dustin Williams asked if any other electronic sign variances have been requested. Chris Rice stated that this is the only electronic sign variance in Waxhaw that he is aware of. 2

3 Anthony Marquart asked if the sign would be on at all times. Leigh Ann Lee stated that the sign would be programed to shut off at night between the hours of 9:00 pm to 6:00 am. Anthony Marquart asked if the sign would dim in the evening. Leigh Ann Lee stated that the sign would self-adjust at night and in bright or cloudy weather. Anthony Marquart asked how tall the sign is now and if the electronic sign would be taller or shorter than the current sign. Leigh Ann Lee stated the electronic board would actually be smaller than the current changeable copy area of the sign but that the existing sign structure would remain. Anthony Marquart asked if anyone has been injured changing the current sign. Leigh Ann Lee stated that the school administrator has had the sign cover fall on her back and leave a large bruise and that she will no longer make changes to the sign. Anthony Marquart asked how the sign will be secured. Leigh Ann Lee stated that the current sign cannot be secured and letters have been stolen, broken, and changed to spell out inappropriate things. Dustin Williams asked if the proposed sign could be hacked. Leigh Ann Lee stated that only the key board can change the sign and it will be locked up in the school office. Michael Downing asked if any other sign types were investigated that would meet ordinance. Leigh Ann Lee stated that they did look into other types of signs but that they do not help to improve the current situation. Anthony Marquart asked if all lines will contain one message or if every line will be different. Leigh Ann Lee stated that it could work either way. Anthony Marquart stated that he is concerned that too much text would cause motorist to take their eyes off the road. Leigh Ann Lee stated that the sign is intended to let the car pool drivers read it. Dustin Williams asked Leigh Ann Lee to summarize the hardship. Leigh Ann Lee stated that she thinks that the current sign is a safety concern with changing the message and is difficult in inclement weather. She also stated that the mascot has also changed and that Native Americans are still represented on the sign. Michael Downing stated that he is having a difficult time finding a hardship and he feels that all options have not been exhausted to meet the current code with a sign. Dustin Williams stated that a hardship could mean an illogical and inconvenient situation and not just bodily harm. There was a discussion of other schools in the area with electronic signs. 3

4 Attorney Spencer stated that the state statue used to state that no reasonable use of the property could be made but he stated that the hardship standard is now lower with new state laws. Michael Downing stated that he is not sure that another alternative could not meet the needs of the school while meeting the town sign ordinance. Anthony Marquart asked if an electronic sign provides better visibility. Leigh Ann Lee stated that it would. Anthony Marquart stated that he feels that the electronic sign would be much better for conveying the information. Leigh Ann Lee stated that what they are asking for would allow for much better communication with the community and with parents. Leigh Ann Lee read a statement she prepared concerning the safety of the current sign and summarized her concerns. Chris Rice showed a picture of the prosed sign and explained the differences and pointed out the glare caused by the current glass cover and how the proposed sign would be much easier to see. Tracey Wesolek stated that sign ordinances are meant to maintain the aesthetics of the town and the proposed sign would look much better than the current sign. Chris Rice stated that currently the entire cabinet is background illuminated and the proposed sign would only light the red text and the Waxhaw Elementary School letters. Tracey Wesolek asked if an electronic sign would be allowed if the school was located in a commercial district. Chris Rice explained that only time, temperature, and gas price signs are allowed to be digital. Bruce Witteveen stated that the current sign is difficult to see and that it would be much less work to change than the current sign and if it is turned off at night it alleviates his concern. Attorney Spencer asked if the school district would be open to a condition that the sign is turned off at night. Leigh Ann Lee stated that the school would be open to that condition. Anthony Marquart motioned to close the public hearing. Art Meyer seconded. The motion passed unanimously, (5-0). 6. New Business 4

5 A. VA is a request by the Waxhaw Elementary PTO, for a variance from Sections A, B and E of the Waxhaw UDO (Unified Development Ordinance) to allow for the placement of an electronic message board on the existing Waxhaw Elementary School sign. This will replace the current changeable copy portion of the existing sign. Section A does not allow for an electronic message board in a R2 (Single Family) district and the applicant is requesting a variance from this section to allow for an electronic message board in an R2 (Single Family) district. Section B only allows electronic message boards to be used for display of time and temperature and the applicant is requesting a variance from this section to allow for school related information to be displayed on the electronic message board. Section E only allows an electronic message board to be eighteen (18 ) inches in height and allows two rows of text and the applicant is requesting a variance from this section to allow for an additional six (6 ) inches in height and an additional line of text on the electronic message board. The property is located at 1101 Old Providence Road (tax parcel # ) and is zoned R2 (Single-Family). Dustin Williams stated that the Board of Adjustment must to go through each of the four findings of fact and find them in the affirmative or not. Dustin William stated that there may be an alternative to the requested sign but that he does see the hardship and there is newer and better technology that allows for up to the minute information. Attorney Spencer suggested that the Board make a separate motion for each finding and then have discussion then vote on each one. Dustin Williams read the first finding of fact. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. Anthony Marquart motioned to find the first finding of fact in the affirmative that an unnecessary hardship would result in strict application of the ordinance because the current sign is outdated, difficult to use, and potentially dangerous. Art Meyer seconded the motion. The motion passed unanimously, (5-0). Dustin Williams read the second finding of fact. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. Michael Downing motioned to find the second finding of fact in the affirmative that a hardship results from conditions peculiar to the property because the sign is located in a residential area and the current sign can be difficult to see. Anthony Marquart seconded. The motion passed unanimously, (5-0). 5

6 Dustin Williams read the third finding of fact. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. Michael Downing motioned to find the third finding of fact in the affirmative that the hardship did not result from actions taken by the applicant because the sign was already in place when the sign ordinance was adopted and the current sign is outdated. Art Meyer seconded. The motion passed unanimously, (5-0). Dustin Williams read the fourth finding of fact. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. Art Meyer motioned to find the fourth finding of fact in the affirmative that the proposed sign is consistent with other school signs in the area and will be easier and safer to use and convey information better than the current sign, would not create public safety concerns and would achieve substantial justice. Anthony Marquart seconded. The motioned passed unanimously, (5-0). There was discussion about the conditions and Attorney Spencer clarified some procedural questions. Dustin Williams stated that the Board of Adjustment should apply conditions to the hours of operation and that the variance only applies the specific sign in the variance application. Anthony Marquart motioned to grant the variance VA with two conditions: that the hours of operation are limited to 6:00 am to 9:00 pm and that the variance applies only to the specific sign described in the variance application. Tracey Wesolek seconded. The motion passed unanimously, (5-0). 5. Minutes for correction and approval: June 29, 2015 Special Called Meeting Tracy Wesolek made a motion to approve the June 29, 2015 meeting minutes. Art Meyer seconded. The motion passed unanimously, (5-0). 6. Adjournment Michael Downing made a motion to adjourn the meeting at 7:26 pm. Anthony Marquart seconded. The motion passed unanimously, (5-0). The meeting was adjourned at 7:26 pm. 6

7 Respectfully Submitted, Chairman, Dustin Williams Recording Secretary, Maxx Oliver 7

4/19/2017 VA 004161 2016 Waxhaw Board of Adjustment Tuesday, March 1, 2016 6:30 PM Waxhaw Police Department Community Room VA 004161 2016 is a request by the Waxhaw Elementary PTO, for a variance

This will replace the current changeable copy portion of the existing sign. Section 13.

8 4/19/2017 VA Waxhaw Board of Adjustment Tuesday, March 1, :30 PM Waxhaw Police Department Community Room VA is a request by the Waxhaw Elementary PTO, for a variance from Sections A, B and E of the Waxhaw UDO (Unified Development Ordinance) to allow for the placement of an electronic message board on the existing Waxhaw Elementary School sign. This will replace the current changeable copy portion of the existing sign. Section A does not allow for an electronic message board in a R2 (Single Family) district and the applicant is requesting a variance from this section to allow for an electronic message board in an R2 (Single Family) district. Section B only allows electronic message boards to be used for display of time and temperature and the applicant is requesting a variance from this section to allow for school related information to be displayed on the electronic message board. Section E only allows an electronic message board to be eighteen (18 ) inches in height and allows two rows of text and the applicant is requesting a variance from this section to allow for an additional six (6 ) inches in height and an additional line of text on the electronic message board. The property is located at 1101 Old Providence Road (tax parcel # ) and is zoned R2 (Single Family). 1

9 4/19/2017 2

10 4/19/2017 Reason for Request The applicant is requesting a variance from Sections A, B and E of the Waxhaw UDO (Unified Development Ordinance) to allow the placement of an electronic message board on the existing Waxhaw Elementary sign to replace the current changeable copy portion of the sign. The applicant has stated the variance request is based on concerns around safety, vandalism, inaccurate changes to mascot on the current sign and the effective and efficient communication to parents and community. Planning Staff Analysis Section A does not allow for an electronic message board in a R2 (Single Family) district and the applicant is requesting a variance from this section to allow for an electronic message board in an R2 (Single Family) district. Section B only allows electronic message boards to be used for display of time and temperature and the applicant is requesting a variance from this section to allow for school related information to be displayed on the electronic message board. Section E only allows an electronic message board to be eighteen (18 ) inches in height and allows two rows of text and the applicant is requesting a variance from this section to allow for an additional six (6 ) inches in height and an additional line of text on the electronic message board. According to Section 15 of the Waxhaw Unified Development Ordinance the Board of Adjustment shall issue a variance if it has evaluated an application and determined that: Finding #1: Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. Applicant response: It is unreasonable for the school to continue leaving this safety and liability issue in place when the new signage would eliminate this and relieve them of this hardship. Finding #2: The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. Applicant response: This is a public school which requires accurate signage. Similar to signage currently being used by New Town Elementary Cuthbertson and Wesley Chapel. Finding #3: The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self created hardship. Applicant response: No actions taken by the school resulted in the hardship. The hardship occurred due to the age of the sign, letters and the way the sign was originally constructed. Finding #4: The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. Applicant response: This is public signage. Its purpose is to communicate with the community and parents. This communication is hindered by weather, function, and vandalism and safety. There will be minimal change required to improve signage. We will utilize the preexisting structure that is presently used. In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Ordinance. 3

BOARD of Adjustment Special Meeting * PD Community Room June 20, 6:00 PM

BOARD of Adjustment Special Meeting * PD Community Room June 20, 2017 @ 6:00 PM A. CALL TO ORDER B. DETERMINATION OF QUORUM C. APPROVAL OF AGENDA D. APPROVAL OF MINUTES 1. Review and Approval of the Minutes