BZA Denies Request For Sign At 122 E. Center St.

October 25, 2016 at 5:43 p.m.


CenturyLink will be able to get a temporary sign put up on the side of the building at 122 E. Center St., but the Warsaw Board of Zoning Appeals Monday denied the business a permanent one by denying a request for a variance from development standards.
However, City Planner Jeremy Skinner will take the city’s sign ordinance on sign materials to the Plan Commission’s next meeting for consideration of making a change to it, which also would have to be approved by the city council. If changes are made and approved by the Plan Commission and City Council, CenturyLink could then potentially seek a permanent sign.
A temporary sign is allowed for 180 days.
At Monday’s BZA hearing, applicant Chad McKinley, of Paint the Town Graphics, Fort Wayne, requested a variance from development standards to allow for the installation of a permanent 10-foot by 20-foot frame to house banner signs on the east side of the CenturyLink building. The building now houses Owl Manner Veterinary, but is owned and also still occupied by CenturyLink.
Assistant City Planner Justin Taylor pointed out a page of information on the banner signs to the board, which details how the sign will look and how it’s put together. The banner is stretched tight in a frame and held into place by clamps. The signs can be used inside or outside, will not rust, drip or corrode and the frame is made of a high-grade aluminum alloy and stainless steel, according to the information. The frame for the sign would be permanently placed on the side of the building, while the vinyl sign inside the frame would change.
“While we have confidence that CenturyLink will keep the sign in good condition, there were concerns with allowing the temporary sign materials they use that other businesses may request to use the same materials,” Taylor said, remarking that other businesses may not take optimal care of such signs or use such quality material.
Board President Tom Allen asked Taylor if that was his concern or did someone else express that issue. Taylor responded it was a general concern by the city.
Taylor then referred the board to the city’s temporary sign ordinances which have been established. They state that a temporary sign shall be permitted, provided that “use of temporary signs shall not exceed a total of 180 days of use per business in a calendar year” and “no sign originally manufactured, constructed or intended for use as a temporary sign shall be used as a permanent sign nor shall any temporary sign be converted to use as a permanent sign. Because of the added structural needs of permanent mounted signs, and the usual lack of a proper internal structure in temporary signs, they may not become permanent signs, and no sign permit will be issued for such installation.”
Rick Keeven, board member, stated he was confused about the definition. “Is the frame considered a temporary sign, or is it just what they’re going to put in there that’s considered a temporary sign?”
Taylor said it was the material they wanted to put in the frame.
“So, could they not just say, ‘we’re going to put up a permanent frame and then we’re going to use it 180 days out of the year and ask for a temporary sign permit’ and then all of this will be null and void?” Keeven asked.
Taylor responded that while that’s true, the frame would have to be empty for the other 185 days of the year.
McKinley said his business has several of the banner frames up like at the Fort Wayne Museum of Art. The frame is permanent, he said, which would accommodate a one-piece solid piece banner.
“It’s 18 ounces. It gets a hem, double stitched with a reinforcement webbing, and it gets inserted into the hooks,” McKinley described.
Allen asked if the sign would start falling apart and would have to be replaced. McKinley said the replacement would fade just like any other vinyl, but would be switched out as needed or per the customer’s request. He said the frames at the Museum of Art have been up for about 10 years.
Keeven asked what the typical length of time someone keeps the banners up before they’re replaced. McKinley said it could be 3 or 8 years or more, but depends on the weather.
He mentioned they’re discussing some lighting from the bottom shining up on the sign. City Planner Jeremy Skinner said in a Commercial-4 district, they’re allowed lighting.
“The issue at this point is that, per our ordinance, the material they’re using can not be used in a permanent sign,” Skinner said.
He pointed out to the BZA that about four years ago the Plan Commission discussed in length what is considered temporary and what is permanent.
“The rules and regulations we have are based on those extensive discussions we had at the Plan Commission,” Skinner stated. “So the potential of your ruling obviously would play heavy on what happens in the future in terms of what is considered permanent and what is considered temporary.”
No one from the public remonstrated against the variance request.
After the hearing was closed to the public, Keeven commented, “In general, I don’t like to creat exceptions because what you do for one, like a kid, you’ve got to do for all.”
He said he’d feel much better about it if the issue received some study, and if the request was permitted under ordinances rather than the board approving an exception to the ordinance. Allen disagreed, saying it was worth noting the exception, and if the board gets flooded with requests for such signs, then it could take a look at the ordinance. He said he would like to move forward with it, while Keeven said he’s opposed to the exception.
Board member Jeff Johnson commented, “I think that the ordinance that was wrote was done with a lot of study. What they’re proposing, if we said yes, the next person that came in – no matter how good their material was, no matter what they say – if we say yes, the next person that comes in might want to put up tissue paper and paint a little sign on it and we would have to allow it because we allowed somebody else to do it. It’s not necessarily what they’re doing it, but what they’re going to do it with and what the next person is going to do it with.”
Only three of the five BZA members were at the meeting, and a motion takes three votes to pass. Keeven made a motion to deny the request for a variance and the board approved the motion 3-0.
McKinley and Century Link representatives at the meeting were told that they could still come into the Building & Planning Department and get a permit for a temporary sign. The sign frame will still be allowed to be placed and left permanently on the side of the building.
McKinley also will provide samples of his signs to Skinner and they agreed to discuss the signs further.

CenturyLink will be able to get a temporary sign put up on the side of the building at 122 E. Center St., but the Warsaw Board of Zoning Appeals Monday denied the business a permanent one by denying a request for a variance from development standards.
However, City Planner Jeremy Skinner will take the city’s sign ordinance on sign materials to the Plan Commission’s next meeting for consideration of making a change to it, which also would have to be approved by the city council. If changes are made and approved by the Plan Commission and City Council, CenturyLink could then potentially seek a permanent sign.
A temporary sign is allowed for 180 days.
At Monday’s BZA hearing, applicant Chad McKinley, of Paint the Town Graphics, Fort Wayne, requested a variance from development standards to allow for the installation of a permanent 10-foot by 20-foot frame to house banner signs on the east side of the CenturyLink building. The building now houses Owl Manner Veterinary, but is owned and also still occupied by CenturyLink.
Assistant City Planner Justin Taylor pointed out a page of information on the banner signs to the board, which details how the sign will look and how it’s put together. The banner is stretched tight in a frame and held into place by clamps. The signs can be used inside or outside, will not rust, drip or corrode and the frame is made of a high-grade aluminum alloy and stainless steel, according to the information. The frame for the sign would be permanently placed on the side of the building, while the vinyl sign inside the frame would change.
“While we have confidence that CenturyLink will keep the sign in good condition, there were concerns with allowing the temporary sign materials they use that other businesses may request to use the same materials,” Taylor said, remarking that other businesses may not take optimal care of such signs or use such quality material.
Board President Tom Allen asked Taylor if that was his concern or did someone else express that issue. Taylor responded it was a general concern by the city.
Taylor then referred the board to the city’s temporary sign ordinances which have been established. They state that a temporary sign shall be permitted, provided that “use of temporary signs shall not exceed a total of 180 days of use per business in a calendar year” and “no sign originally manufactured, constructed or intended for use as a temporary sign shall be used as a permanent sign nor shall any temporary sign be converted to use as a permanent sign. Because of the added structural needs of permanent mounted signs, and the usual lack of a proper internal structure in temporary signs, they may not become permanent signs, and no sign permit will be issued for such installation.”
Rick Keeven, board member, stated he was confused about the definition. “Is the frame considered a temporary sign, or is it just what they’re going to put in there that’s considered a temporary sign?”
Taylor said it was the material they wanted to put in the frame.
“So, could they not just say, ‘we’re going to put up a permanent frame and then we’re going to use it 180 days out of the year and ask for a temporary sign permit’ and then all of this will be null and void?” Keeven asked.
Taylor responded that while that’s true, the frame would have to be empty for the other 185 days of the year.
McKinley said his business has several of the banner frames up like at the Fort Wayne Museum of Art. The frame is permanent, he said, which would accommodate a one-piece solid piece banner.
“It’s 18 ounces. It gets a hem, double stitched with a reinforcement webbing, and it gets inserted into the hooks,” McKinley described.
Allen asked if the sign would start falling apart and would have to be replaced. McKinley said the replacement would fade just like any other vinyl, but would be switched out as needed or per the customer’s request. He said the frames at the Museum of Art have been up for about 10 years.
Keeven asked what the typical length of time someone keeps the banners up before they’re replaced. McKinley said it could be 3 or 8 years or more, but depends on the weather.
He mentioned they’re discussing some lighting from the bottom shining up on the sign. City Planner Jeremy Skinner said in a Commercial-4 district, they’re allowed lighting.
“The issue at this point is that, per our ordinance, the material they’re using can not be used in a permanent sign,” Skinner said.
He pointed out to the BZA that about four years ago the Plan Commission discussed in length what is considered temporary and what is permanent.
“The rules and regulations we have are based on those extensive discussions we had at the Plan Commission,” Skinner stated. “So the potential of your ruling obviously would play heavy on what happens in the future in terms of what is considered permanent and what is considered temporary.”
No one from the public remonstrated against the variance request.
After the hearing was closed to the public, Keeven commented, “In general, I don’t like to creat exceptions because what you do for one, like a kid, you’ve got to do for all.”
He said he’d feel much better about it if the issue received some study, and if the request was permitted under ordinances rather than the board approving an exception to the ordinance. Allen disagreed, saying it was worth noting the exception, and if the board gets flooded with requests for such signs, then it could take a look at the ordinance. He said he would like to move forward with it, while Keeven said he’s opposed to the exception.
Board member Jeff Johnson commented, “I think that the ordinance that was wrote was done with a lot of study. What they’re proposing, if we said yes, the next person that came in – no matter how good their material was, no matter what they say – if we say yes, the next person that comes in might want to put up tissue paper and paint a little sign on it and we would have to allow it because we allowed somebody else to do it. It’s not necessarily what they’re doing it, but what they’re going to do it with and what the next person is going to do it with.”
Only three of the five BZA members were at the meeting, and a motion takes three votes to pass. Keeven made a motion to deny the request for a variance and the board approved the motion 3-0.
McKinley and Century Link representatives at the meeting were told that they could still come into the Building & Planning Department and get a permit for a temporary sign. The sign frame will still be allowed to be placed and left permanently on the side of the building.
McKinley also will provide samples of his signs to Skinner and they agreed to discuss the signs further.
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