1 00:00:02,560 --> 00:00:12,400 Good evening. This is the uh September seven eight September 8th uh village of 2 00:00:10,320 --> 00:00:15,759 Lancing Board of Zoning Appeals meeting. I'd like to uh call the meeting to 3 00:00:14,240 --> 00:00:20,880 order. Uh and I would also then like to open 4 00:00:19,119 --> 00:00:24,640 our public hearing. So I'm going to need a motion. 5 00:00:22,480 --> 00:00:30,880 » Deon, is there a second? Mike seconds. All in favor? Right. Roy. 6 00:00:29,920 --> 00:00:36,000 » Thank you. >> All right. So, the purpose of this 7 00:00:32,480 --> 00:00:41,200 meeting is to consider a uh sign in the village that uh apparently 8 00:00:39,520 --> 00:00:45,719 some disagreement as to whether or not it fits under our sign law or 9 00:00:46,320 --> 00:00:49,520 » I opened the public hearing. >> I'm sorry. 10 00:00:48,559 --> 00:00:56,399 » We went right by. >> I know. You got me. 11 00:00:52,160 --> 00:01:01,440 » We did it. Adam has uh turned in the uh the public hearing notices to the uh 12 00:00:59,520 --> 00:01:03,920 budding properties. I do have that. Okay. 13 00:01:01,840 --> 00:01:07,600 » Um everything else is pretty uh self-explanatory. I can give you a 14 00:01:05,760 --> 00:01:12,000 reader digest first and I have him go ahead and and explain his side. Um 15 00:01:10,720 --> 00:01:13,840 » why don't we have Adam had him from a person? 16 00:01:12,479 --> 00:01:19,360 » Sure. >> Just come on up and talk to us. 17 00:01:17,200 --> 00:01:24,000 » So I'm Adam with State Farm right down the road. Appreciate you convening this 18 00:01:21,520 --> 00:01:27,520 meeting. Um, I think maybe the easiest way is that I had sent a statement to 19 00:01:26,000 --> 00:01:32,159 the property owners. I'm not sure if you guys had seen that, but maybe I can just 20 00:01:29,840 --> 00:01:38,079 read that statement kind of recaps the event that led to us tonight. And then 21 00:01:34,720 --> 00:01:43,119 if you have any thoughts rather than that sound good, good. Uh, so thank you 22 00:01:41,200 --> 00:01:48,079 for hearing the request for variance to allow temporary seasonal signage for my 23 00:01:45,040 --> 00:01:53,200 business at a McGee Park insurance agency. Currently, the permanent signage 24 00:01:50,960 --> 00:01:57,360 in my location uh displays a State Farm logo, but it does not include my name or 25 00:01:55,840 --> 00:02:02,479 I identified at a given insurance agency. This can create a confusion for 26 00:02:00,000 --> 00:02:05,759 customers uh trying to locate my office and it makes it more difficult to 27 00:02:03,680 --> 00:02:10,560 distinguish my agency from the other four State Farms uh that are located in 28 00:02:07,920 --> 00:02:14,879 the greater ethical area. Uh as a local business in Lancing, I want customers to 29 00:02:12,160 --> 00:02:19,680 be able to clearly identify my agency and know there is a state office located 30 00:02:17,120 --> 00:02:24,800 here. Uh my intent using temporary signage was 31 00:02:22,480 --> 00:02:28,959 to season and the visibility of my agency in a 32 00:02:26,480 --> 00:02:34,400 manner that is safe, professional, appropriate for the commercial corridor 33 00:02:31,120 --> 00:02:38,480 along the network. Before purchasing any signage, I conducted a basic review of 34 00:02:36,560 --> 00:02:43,360 the village's sign regulations and understood the code to permit temporary 35 00:02:40,640 --> 00:02:48,000 signage. Uh based on that understanding, I select portable signage and I believe 36 00:02:45,519 --> 00:02:52,000 you have seen probably the actual sign down the road as well as the uh 37 00:02:49,760 --> 00:02:55,280 depiction from the State Farm website. Um approved by State Farm and then 38 00:02:53,680 --> 00:03:00,160 stopped and received permission from my landlord uh displayed at the property. 39 00:02:58,640 --> 00:03:04,239 So, I approached this process in good faith with the intention of complying 40 00:03:01,920 --> 00:03:09,120 with the village's requirements. Uh, I'm not seeking to install additional 41 00:03:06,480 --> 00:03:14,239 permanent signage or create excessive visual clutter rather than requesting 42 00:03:11,519 --> 00:03:19,440 reasonable reasonable flexibility to use temporary seasonal signage that helps 43 00:03:16,800 --> 00:03:23,920 customers identify while remaining consistent with the commercial character 44 00:03:21,120 --> 00:03:27,760 and safety of the surrounding area. So I respectfully ask this board to consider 45 00:03:26,239 --> 00:03:32,159 the practical circumstances of my location, the limit identification 46 00:03:30,159 --> 00:03:36,480 provided by my existing permanent signage and the temporary and seasonal 47 00:03:34,799 --> 00:03:43,000 nature of what I'm proposing and considering my various requests. 48 00:03:39,760 --> 00:03:43,000 So that's 49 00:03:44,720 --> 00:03:52,000 about at the end of time is me if I'm around time about a month and a half ago 50 00:03:48,959 --> 00:03:58,080 or so. Um, I saw the banner signs and I stopped in to uh Adam's office and uh 51 00:03:55,920 --> 00:04:01,439 the gentleman was there. You weren't you weren't in at the time. The gentleman 52 00:03:59,280 --> 00:04:07,599 was there and I said that uh uh the village code does not allow banners in 53 00:04:04,159 --> 00:04:12,319 the village and to uh ask Adam if he would remove those. And the young man 54 00:04:10,400 --> 00:04:16,320 said, "Sure, I'll I'll talk to I'll talk to him about it." About a week later, 55 00:04:14,640 --> 00:04:21,600 the banners were still up. So, I stopped in just as a reminder and Adam happened 56 00:04:18,320 --> 00:04:27,520 to be there and we sat in his office and uh um Adam wasn't convinced that this 57 00:04:25,120 --> 00:04:32,639 should be classified as a banner. I believe that was the language 58 00:04:30,320 --> 00:04:38,000 and I said, "Well, I I classified as a banner and it's not allowed within the 59 00:04:34,479 --> 00:04:44,400 village and um it needs to be removed." And so, we discussed a few other things 60 00:04:40,479 --> 00:04:48,880 and I went back to the office. Um, I sent Adam an email. Well, he sent one. 61 00:04:47,199 --> 00:04:55,040 He was glad to meet me. I sent the same thing back to him. Um, 62 00:04:52,160 --> 00:05:01,600 I said that uh I I sent the quote that you have of what's restricted in the 63 00:04:58,000 --> 00:05:06,960 village. Uh, and not uh I'm not saying that uh 64 00:05:03,680 --> 00:05:10,720 I'll read it right here. >> 5. 65 00:05:08,080 --> 00:05:15,120 » Yes, there's 115 which is no sign or park there. may 66 00:05:12,720 --> 00:05:19,520 contain or consist of banners, posters, pennants, ribbons, streamers, spinners, 67 00:05:17,680 --> 00:05:23,280 or other similar moving, fluttering or revolving devices. These devices, as 68 00:05:21,440 --> 00:05:27,919 well as string lights, may not be used for advertising or attracting attention 69 00:05:25,120 --> 00:05:33,919 to any other purpose. Uh, so I sent that to Adam and um and I believe he came 70 00:05:31,919 --> 00:05:39,039 back, I'm paraphrasing, I believe Adam gave us, you handed us the uh the email 71 00:05:36,880 --> 00:05:43,759 run, which is in a pamphlet that you had right there. Um uh he stated, "Well, 72 00:05:42,160 --> 00:05:48,639 this was you wanted to take advantage of a temporary sign for 3 days." And I 73 00:05:46,880 --> 00:05:54,400 said, "Well, even if it's a temporary sign, I would need a uh temporary sign 74 00:05:51,759 --> 00:05:58,240 permit." And receiving a temporary sign permit, I would deny it because it is 75 00:05:56,160 --> 00:06:02,560 classified in the banner. So either way would have to come down. Um Adam 76 00:06:01,039 --> 00:06:06,880 disagreed with me and I said, "Well, that's your right. You may go in front 77 00:06:04,080 --> 00:06:12,720 of the board of zoning appeals, state your case. In the meantime, uh, I 78 00:06:10,560 --> 00:06:17,360 wrote up a notice of violation, uh, that said they had to be removed within 30 79 00:06:14,639 --> 00:06:22,479 days. Um, I' kind of let that go until Adam gets 80 00:06:19,600 --> 00:06:27,440 his hearing. Um, and then, uh, it's up to you to decide at that point 81 00:06:26,560 --> 00:06:30,720 after this. >> We ask Adam some questions. 82 00:06:28,960 --> 00:06:34,560 » And I'd also like to entertain any comments from the audience if 83 00:06:32,479 --> 00:06:38,199 » Okay, go ahead. >> Why don't you go first? 84 00:06:38,639 --> 00:06:47,120 Oh, I'm seeing I saw those banners the day they went up 85 00:06:45,039 --> 00:06:52,240 as I was driving and I was very upset when I saw them 86 00:06:49,919 --> 00:06:57,000 because I didn't know where the sun was and 87 00:06:54,000 --> 00:06:57,000 especially 88 00:06:57,280 --> 00:07:07,360 and they were in the wind. Um anyway, it was very upsetting to me 89 00:07:03,840 --> 00:07:13,440 because I thought they were I want to say they are not attractive 90 00:07:09,360 --> 00:07:18,080 out there. And um we are trying to I know Mike's been very busy working with 91 00:07:15,599 --> 00:07:22,240 the businesses along the road corridor because there have been other slight 92 00:07:19,599 --> 00:07:28,720 issues on the corridor. We're really trying to keep things within the 93 00:07:24,400 --> 00:07:33,360 character of what our missions are. Um, but based on our sign law, the banners 94 00:07:31,520 --> 00:07:38,000 aren't allowed. And there's been other places that we have banners and they've 95 00:07:35,440 --> 00:07:42,000 had to be asked to remove the banners. Um, you know, your business is front and 96 00:07:39,840 --> 00:07:46,800 center right there. People should easily find you. Um, 97 00:07:45,280 --> 00:07:52,560 it's not like you're hidden in the building. Like for instance, back to 98 00:07:49,199 --> 00:07:57,440 balance massage therapy, which I I've known cold for a long time and which is 99 00:07:55,199 --> 00:08:00,440 hidden in that building. Um, but your friends 100 00:08:04,240 --> 00:08:07,240 obviously 101 00:08:17,120 --> 00:08:29,680 science former so she knew what said but I risk 102 00:08:23,599 --> 00:08:33,120 » and my concerns are that memory is is distracting. It's at a very busy 103 00:08:31,440 --> 00:08:39,839 intersection that already has issues there with a 104 00:08:35,760 --> 00:08:44,399 place in memories. But um it also the fact that you can put this up when we 105 00:08:41,760 --> 00:08:49,760 have had other people who came from and have respected the code. It penalizes 106 00:08:47,360 --> 00:08:56,959 those who do respect. And while we can do it as to 107 00:08:53,360 --> 00:09:00,320 whether it's attractive or not, um it's my first thought and I'm not the only 108 00:08:58,800 --> 00:09:05,760 person. I've actually received comments from other people say she tacky we need 109 00:09:02,880 --> 00:09:10,080 that because here's the state farm which is very visible from the road. Um the 110 00:09:08,560 --> 00:09:15,519 only thing that it tells you is your name which apparently obviously our 111 00:09:11,920 --> 00:09:22,000 names are very important to us but um I'm on the CAAC committee which was 112 00:09:19,680 --> 00:09:26,880 hoping to work with businesses would be one of them and we would like to work 113 00:09:24,080 --> 00:09:31,760 with you to improve how the central corridor works and because you are part 114 00:09:29,360 --> 00:09:36,320 of that central corridor I my first thought is oh my god this looks like a 115 00:09:33,600 --> 00:09:41,959 child which is where you see these things and I And I know very well that 116 00:09:38,720 --> 00:09:41,959 the CC. 117 00:09:43,360 --> 00:09:51,959 So I would just say that that's pretty much it for 118 00:09:53,279 --> 00:09:57,440 any >> Mike. Go ahead. 119 00:09:56,399 --> 00:10:01,600 » First of all, I got to have a question for Mike. You know the nationwide sign 120 00:10:00,000 --> 00:10:05,600 that they have on the side of that same building? 121 00:10:03,040 --> 00:10:08,560 » You don't have to want that, but he could have something like that, couldn't 122 00:10:06,880 --> 00:10:13,440 he? and that would have his name on it >> as application. I'd have to I believe 123 00:10:11,200 --> 00:10:15,839 that building has a plan sign area so that they do 124 00:10:14,160 --> 00:10:20,480 » would have to be probably on the side. >> They have a certain uh square footage of 125 00:10:18,320 --> 00:10:23,920 signs signage that they can have on that building altogether. 126 00:10:22,000 --> 00:10:26,800 » Oh, maybe it's breached though. Yeah, >> it goes with the building 127 00:10:25,440 --> 00:10:28,320 » and that I'm not saying that they've reached it, 128 00:10:27,200 --> 00:10:34,480 » but they may have >> sign on the building with your name on 129 00:10:31,760 --> 00:10:39,440 it is perfectly fine with an application and I figure out if they 130 00:10:37,519 --> 00:10:42,160 » because it does have the uh >> focus in particular on this sign which 131 00:10:41,519 --> 00:10:44,880 » right? >> Oh yeah, I was just wondering other 132 00:10:43,839 --> 00:10:51,279 options. Yeah. >> So So here's my questions for you. 133 00:10:48,720 --> 00:10:56,959 You know, we have to look at what the zoning board's after. Okay. And if you 134 00:10:54,240 --> 00:11:01,279 think about it, there's six units in your building. If we give you the right 135 00:10:59,600 --> 00:11:05,519 to have the whatever you want to call this flag sign, all five other ones have 136 00:11:03,839 --> 00:11:08,800 to have the right to have that flag sign. Whether they do it or not is the 137 00:11:07,360 --> 00:11:16,240 point. We got to look at what we're creating. And at 30 233, 138 00:11:12,720 --> 00:11:20,000 there's 14 in the village campus office. So, we'd have to give the right to have 139 00:11:17,680 --> 00:11:25,120 14 people right there. And I'm not even talking further along. So that's why 140 00:11:22,800 --> 00:11:30,240 they took a long time with the zoning and the planning board to create these. 141 00:11:27,680 --> 00:11:34,399 That's what they did want. So even though I appreciate 142 00:11:33,120 --> 00:11:38,240 everybody's trying to make money in business, everybody's trying to get 143 00:11:35,600 --> 00:11:41,600 their name out. We we sympathize for that. In fact, that what she was 144 00:11:39,600 --> 00:11:46,720 referring to is an attempt to work with the businesses to encourage them in many 145 00:11:44,399 --> 00:11:50,399 ways along this corridor. But we have to look at what the goal of the planning 146 00:11:48,240 --> 00:11:55,279 commission was to set up. and they said this is not the look we want. So that's 147 00:11:53,279 --> 00:12:02,880 one thing I wanted to mention to you. And um the other is whether we argue 148 00:11:59,279 --> 00:12:10,160 whether it's a a flag or a banner or whatever there is that catchall thing in 149 00:12:06,320 --> 00:12:15,600 the provision. So I can say tomato, you could say tomato, but anything like that 150 00:12:13,360 --> 00:12:19,680 we're fair to interpret the way we think. And I'm afraid I'd be leaning 151 00:12:17,519 --> 00:12:23,920 towards interpreting your banner as out. That's just my feeling. Go ahead, Kim. 152 00:12:21,440 --> 00:12:27,760 » I I agree. Your point um was well taken about the other five businesses or the 153 00:12:26,399 --> 00:12:33,120 business, you know, across the street with what 14 mailboxes or so. It just 154 00:12:30,800 --> 00:12:38,560 creates a president um and it would be inconsistent especially I was that we've 155 00:12:36,240 --> 00:12:43,680 had this situation previously with with other um companies. So, and answers of 156 00:12:41,680 --> 00:12:46,880 maintaining that present. That's kind of how it looks for me. 157 00:12:45,440 --> 00:12:50,320 » Excuse the question. >> Um, you said seasonal. What do you mean 158 00:12:49,200 --> 00:12:54,240 by seasonal? >> Well, a banner like this certainly would 159 00:12:52,320 --> 00:12:59,360 not be up in the winter months. It just it wouldn't be practical. It's temporary 160 00:12:57,040 --> 00:13:04,320 portable signage. My intent was just to have it up in the summer months, July, 161 00:13:01,920 --> 00:13:08,800 August into September when, you know, it's our busy season. We want to avoid 162 00:13:06,560 --> 00:13:12,480 that confusion of folks not seeing my name anywhere just saying State Farm 163 00:13:11,040 --> 00:13:19,440 because there's four other State Farm agents. So just to awareness. 164 00:13:16,399 --> 00:13:25,920 » So going way way back before some of you were even on this board and 165 00:13:22,959 --> 00:13:32,240 probably two code officers prior to Mike. State Farm came to us for their 166 00:13:29,360 --> 00:13:35,440 original sign because they were fairly new to the village. They had just moved 167 00:13:34,240 --> 00:13:41,200 into that building and they were applying for a sign. They wanted a much 168 00:13:37,839 --> 00:13:46,240 larger sign than our than our um sign law allows based on their occupied 169 00:13:43,600 --> 00:13:51,519 square footage, but we compromised and they got a sign that was a bit larger 170 00:13:48,639 --> 00:13:57,760 than what is allowed for the office. Um, so you already have had 171 00:13:55,040 --> 00:14:03,199 an exception made for the sign that is there. I totally understand your issue 172 00:14:01,040 --> 00:14:08,399 with people not knowing who you are and that you are the agent for that for that 173 00:14:05,600 --> 00:14:12,399 business. Um, but I highly recommend sort of renegotiating the whole sign 174 00:14:10,399 --> 00:14:15,120 idea with something permanent on the building, which means you'd have to 175 00:14:13,680 --> 00:14:19,440 apply for it and it would have to go through the regular procedure so that 176 00:14:17,600 --> 00:14:25,040 you have your name on the building as opposed to out at the corner. And I'd 177 00:14:21,920 --> 00:14:29,440 also like to say um you know we're we're deliberating on 178 00:14:26,639 --> 00:14:35,279 this based on what our zoning law allows for and I don't think it's a stretch to 179 00:14:32,079 --> 00:14:40,000 interpret that as a banner. Um, and I'd like to say also that in redesigning 180 00:14:37,839 --> 00:14:46,079 North Trip Hammer Road some 20 years now, we've made a real deliberate e 181 00:14:42,720 --> 00:14:51,839 deliberate effort in the village to make it as uncluttered as possible yet still 182 00:14:49,279 --> 00:14:56,399 provide wayfinding, proper signage for our businesses because we welcome 183 00:14:53,760 --> 00:15:01,680 businesses in this community and for safety reasons. Um, but we did not want 184 00:14:59,120 --> 00:15:07,120 ourselves to be looking like what you see when you drive down Meadow Street, 185 00:15:04,399 --> 00:15:12,000 which to me is just visual clutter, visual cacophony. And that's what the 186 00:15:09,839 --> 00:15:16,000 village is really trying to avoid is that kind of look. And everybody's got 187 00:15:14,079 --> 00:15:20,399 banners up in the city. If you look at that, if you drive that corridor, that's 188 00:15:18,399 --> 00:15:24,959 exactly what we don't want in the village. And I don't think I'm out of 189 00:15:23,199 --> 00:15:29,920 out of my depth here making that statement, though. That's kind of our 190 00:15:27,199 --> 00:15:35,680 overarching aesthetic vision of what we'd like our village to look like. And 191 00:15:33,279 --> 00:15:41,440 to me, the banner doesn't fit. But that's just my, you know, it's my sense, 192 00:15:38,560 --> 00:15:46,240 but I also don't believe that it is in keeping with our zoning law. 193 00:15:43,920 --> 00:15:50,000 » And could I just to follow up to that? Um, when the sign was approved, I I 194 00:15:48,560 --> 00:15:55,199 wasn't really a part of that company that stay subcontract, I think it is. 195 00:15:53,040 --> 00:16:00,160 Um, they actually applied. Um now although we're thankful the sign is 196 00:15:56,800 --> 00:16:04,480 larger than you know was even allowed um there was no sign an exterior sign that 197 00:16:02,880 --> 00:16:08,959 State Farm provided that would have my name just because it was I couldn't get 198 00:16:06,480 --> 00:16:13,440 anything that would fit both. Um and then the sign road again is too small it 199 00:16:11,519 --> 00:16:18,480 just says State Farm. So I'm not sure when we're talking about the scope of 200 00:16:15,279 --> 00:16:24,240 finding alternative like I don't I mean it wasn't an option five years ago. So 201 00:16:21,519 --> 00:16:27,440 if it is an option now that's fantastic. But that seems different than what I was 202 00:16:26,880 --> 00:16:32,079 told. >> Were you part of it five years ago? 203 00:16:29,120 --> 00:16:37,279 » Yeah. I mean, in a sense, it's Yeah, I opened it. But a third party that's 204 00:16:35,199 --> 00:16:40,399 subcontract for State Farm, they're the ones who handle all the signage. So, 205 00:16:38,959 --> 00:16:44,320 they applied, they submitted, they proposed, and that was what was allowed, 206 00:16:42,560 --> 00:16:47,519 which I didn't even realize it was larger than what was allowed. I was just 207 00:16:46,240 --> 00:16:52,320 told we couldn't do anything with my name because there wasn't a fit with 208 00:16:49,839 --> 00:16:57,040 with code. >> Yeah. I don't think it was a a lot 209 00:16:54,160 --> 00:17:00,639 larger, but it was larger. Um, >> maybe they just didn't ask for your 210 00:16:58,560 --> 00:17:06,880 name. We don't know. Do you remember? >> I don't remember. I don't remember. And 211 00:17:03,360 --> 00:17:10,160 you weren't before Mike's time. >> Um, I have a few questions. This is Roy. 212 00:17:09,439 --> 00:17:15,600 You have questions? >> No, I really couldn't add to anything 213 00:17:12,319 --> 00:17:19,439 that's already been said. You envisioned this as temporary 214 00:17:17,199 --> 00:17:24,240 signage, but even under the code, and I'm not sure which provision you looked 215 00:17:21,120 --> 00:17:28,799 at to think that this was permissible. >> The longest period that I saw was 30 216 00:17:26,160 --> 00:17:33,679 days, but you just listed July, August, and September, much longer than 30 days. 217 00:17:31,760 --> 00:17:38,080 So, what is the thought process? >> So, you're correct. Like my 218 00:17:35,520 --> 00:17:40,160 interpretation of 30 days, but you asked me what I would like to have. 219 00:17:39,840 --> 00:17:43,679 » Okay. >> I'd like to use three months. I knew 220 00:17:42,080 --> 00:17:48,000 that there was a temporary provision for 30 days. And I'll be completely 221 00:17:45,840 --> 00:17:52,000 transparent. I used AI to search code and they said there are temporary sign 222 00:17:49,760 --> 00:17:55,120 for 30 days. No permit required. So that's why AI still 223 00:17:53,120 --> 00:17:59,200 » so that provision that AI found unfortunately AI didn't do a full read 224 00:17:57,120 --> 00:18:03,679 of it because it's only for political signage or like civic organizations 225 00:18:01,520 --> 00:18:08,400 without a permit. So there are a lot of provisions in that temporary signage 226 00:18:05,440 --> 00:18:12,640 that would apply to, you know, opening a new business, which is different. um if 227 00:18:10,880 --> 00:18:17,919 you want to advertise for a contractor that you're using temporarily etc. So I 228 00:18:15,760 --> 00:18:21,760 disagree with AI's reading of the code. So next time whenever you do anything 229 00:18:20,320 --> 00:18:25,120 the village I would first recommend coming to Mike Scott because he is very 230 00:18:23,679 --> 00:18:30,880 helpful and can point you in the direction to avoid situations like this. 231 00:18:28,480 --> 00:18:34,640 Am I correct or am I misremembering that at one point there were two of these up 232 00:18:32,640 --> 00:18:38,480 or have you only ever had one? Why was the second one taken down? kind of felt 233 00:18:36,640 --> 00:18:44,559 like those dollars that I think they might actually be by not a landlord but 234 00:18:41,919 --> 00:18:47,919 by they're just they're not straight. So there was one that I felt was visually 235 00:18:46,720 --> 00:18:50,160 appropriate. The second one I just wasn't satisfied was the name was kind 236 00:18:49,440 --> 00:18:53,600 of >> so I took that down just because I 237 00:18:51,520 --> 00:18:56,559 thought it looked better and also the size of you know you buy something it 238 00:18:55,200 --> 00:18:59,919 shows up it's a little bit bigger. I thought it was small I thought and it 239 00:18:58,160 --> 00:19:04,160 just seemed like one works best but seemed like a good fit. 240 00:19:01,120 --> 00:19:08,640 » Okay. And then would you agree that when the wind blows 241 00:19:07,280 --> 00:19:13,520 this also moves? >> Oh, totally. Any sign other than like 242 00:19:10,559 --> 00:19:17,679 your concrete footer moves and like the yard signs we see everywhere. I mean 243 00:19:16,080 --> 00:19:21,120 » in the wind it moves with the wind. If it's not windy, yes, they're standing 244 00:19:19,360 --> 00:19:24,880 very straight. But when the wind blows, it's flapping all around. 245 00:19:23,360 --> 00:19:32,080 » Okay. >> Um the other thing about it is it is 246 00:19:30,240 --> 00:19:36,240 a distraction. I don't like vertical signs because you 247 00:19:34,480 --> 00:19:41,520 have to stop and read them and you're driving and it's just not the kind of 248 00:19:39,840 --> 00:19:45,760 thing you want to have visually on the corner of a very busy complicated 249 00:19:43,600 --> 00:19:51,679 intersection. There are a lot of left turns. I hate that intersection. It's so 250 00:19:49,039 --> 00:19:57,520 it's messy. I mean, we we do the best we can, but it's just a distraction rather 251 00:19:54,320 --> 00:20:03,120 than an attraction. And so that's why I dislike vertical signs. And it that's 252 00:20:00,160 --> 00:20:06,960 not in the code that that doesn't say anything about the vertical sign, but 253 00:20:04,720 --> 00:20:12,720 the verticality makes it difficult to read when you're driving. 254 00:20:09,360 --> 00:20:16,080 » So, there's got to be a better way to advertise yourself, 255 00:20:13,919 --> 00:20:18,880 » right? I don't like you said it's not in the code but good point about the 256 00:20:17,280 --> 00:20:23,200 vertical lettering but I just think for the purposes of this interpretation just 257 00:20:21,600 --> 00:20:28,240 to circle back to the language that we're looking at in 1155f 258 00:20:25,919 --> 00:20:32,720 that no sign or parthof may contain or consist of banners posters pendants 259 00:20:30,159 --> 00:20:37,600 ribbons streamers spinners or other similar moving fluttering or revolving 260 00:20:35,600 --> 00:20:41,360 devices um 261 00:20:39,200 --> 00:20:44,559 I think there's these devices as well as string of plates may not be used for 262 00:20:42,720 --> 00:20:53,840 advertising attracting attention or any other purpose. So, it's the board's 263 00:20:49,600 --> 00:20:58,880 job to interpret whether this feather flag, as I've learned they're 264 00:20:55,600 --> 00:21:02,640 called, uh, constitutes one of those are in the catch all provision of other 265 00:21:00,720 --> 00:21:05,640 similarly moving fluttering or revolving devices. 266 00:21:06,080 --> 00:21:15,760 Anyone have any other questions? >> Do you have any other comments? 267 00:21:12,080 --> 00:21:19,120 » Um, no. I think Michael and I had conversation, good dialogue. You know, I 268 00:21:17,679 --> 00:21:23,280 just wanted to make sure we could find a way that you were able to get my name 269 00:21:21,679 --> 00:21:29,280 out there just to help the business community as a whole. 270 00:21:25,919 --> 00:21:33,679 » So, this is the plan they read. >> I'd have to double check here. That's 271 00:21:31,520 --> 00:21:37,440 for some reason. I think it they they changed a few signs on it before and I 272 00:21:36,640 --> 00:21:39,840 believe I >> landlord 273 00:21:38,559 --> 00:21:42,880 » uh Dr. Watu. >> Okay. 274 00:21:41,120 --> 00:21:48,559 Yeah, it may it may not be an implication. 275 00:21:44,799 --> 00:21:53,520 Peter were talking about. So if he wanted to have this name on the 276 00:21:50,480 --> 00:21:59,280 building, not fluttering, but you know, every taste the way um a variance that 277 00:21:57,440 --> 00:22:04,080 would be you would come for a variance for that and that might be more 278 00:22:02,320 --> 00:22:11,280 acceptable to some of us or would be I mean I think 279 00:22:07,760 --> 00:22:17,919 these other things I don't think it's I don't think it sends a message but I 280 00:22:14,559 --> 00:22:24,720 understand you anyway there. But I mean that's another possible 281 00:22:21,200 --> 00:22:28,320 but um something to consider >> and then it would be permanent. It 282 00:22:25,919 --> 00:22:33,919 wouldn't just you would have the ability to have your name on the building. So 283 00:22:31,280 --> 00:22:38,240 yeah, I mean even if you're at the sign capacity, you can get a variance for 284 00:22:36,000 --> 00:22:43,039 sign area if the sign is >> if it is a sign. I said I'd have to do a 285 00:22:40,720 --> 00:22:48,159 research and send you whether it's a signed plan sign area or whether you 286 00:22:45,760 --> 00:22:55,200 actually if it's plan sign area there's calculation for what square footage you 287 00:22:50,480 --> 00:22:58,960 could have depending on uh the length of the facade that you have your business 288 00:22:57,440 --> 00:23:02,559 which would be the whole almost the whole front end 289 00:23:00,880 --> 00:23:05,039 » half the front end I would have to figure that out. 290 00:23:03,360 --> 00:23:07,520 » Is there a sign pylon there? >> Sure. I'm sorry. 291 00:23:05,840 --> 00:23:10,720 » I'm sorry. Is there a sign pylon that that has the different occupants of the 292 00:23:09,360 --> 00:23:14,400 building >> corner? There is. Yeah, I have a picture 293 00:23:12,480 --> 00:23:19,240 of it if you want. >> I can't remember that. 294 00:23:20,400 --> 00:23:28,240 » This is the one that shows that shows the buildings that are there, you know. 295 00:23:26,559 --> 00:23:33,120 But there's one on the ones on the building, too, that I was referring to. 296 00:23:30,559 --> 00:23:39,440 » Yeah, the other one looked nice. Let me see how pull it up to get. 297 00:23:36,640 --> 00:23:42,799 » It's the one like that one that's on the side that the nationwide sign. 298 00:23:42,559 --> 00:23:44,880 » Yeah. >> And it has the name lights up. 299 00:23:44,480 --> 00:23:47,039 » Yep. >> Uh 300 00:23:45,280 --> 00:23:51,280 » and it's got his name on it. >> So it's just just what's already there. 301 00:23:49,280 --> 00:23:54,320 But like Mike says, I don't know where they sign it works with what's already 302 00:23:53,919 --> 00:23:58,080 been. >> This is the awning sign. 303 00:23:55,919 --> 00:23:59,360 » Who has a big sign? You know awning sign. 304 00:23:58,400 --> 00:24:03,360 » There's a sign over the >> There's another sign. 305 00:24:00,880 --> 00:24:07,000 » Yes. sign. The sign on the door. >> That's just the awning. 306 00:24:07,120 --> 00:24:12,960 » Another sign. >> There's a sign. Is there not a sign on 307 00:24:10,799 --> 00:24:16,600 the door over the door? Isn't that >> It says state baring. 308 00:24:17,360 --> 00:24:21,559 » Not the awning, but an actual 309 00:24:21,600 --> 00:24:26,960 » Yeah, >> that's what 310 00:24:24,720 --> 00:24:31,360 » I think there's ours out the door or next to the door. There's like a little 311 00:24:28,960 --> 00:24:34,799 » That's a small He's not talking about that being any kind of thing. He 312 00:24:33,200 --> 00:24:36,799 » could about this. >> That's what I'm 313 00:24:35,600 --> 00:24:40,559 » Yeah, I understand why you can't put the name on that, but if you had 314 00:24:38,480 --> 00:24:43,559 » Yeah, if he had a nationwide a nationwide 315 00:24:43,600 --> 00:24:49,640 » that might suck. >> We get we'll get into my grandkid. 316 00:24:50,240 --> 00:24:56,240 » No, you're done. I was just trying to use that. 317 00:24:54,080 --> 00:25:02,240 » Yeah. Okay. Are there any other comments before we start to deliberate? 318 00:25:00,559 --> 00:25:04,799 Right. The public 319 00:25:02,880 --> 00:25:10,480 » I I need a motion to close the public hearing if there are no more comments. 320 00:25:06,559 --> 00:25:14,000 » Motion second. Okay. All in favor? >> I 321 00:25:12,000 --> 00:25:19,919 public hearing is closed. And now what we will do is um consider the request 322 00:25:18,480 --> 00:25:26,000 um the village of Lancing board of zoning appeals resolution uh for 323 00:25:22,320 --> 00:25:29,000 September 8th 2026 for appeal number 2026-8. 324 00:25:29,039 --> 00:25:35,840 This matter involves consideration of the following proposed action appeal 325 00:25:32,880 --> 00:25:39,679 number 2026-8. The village of Lancing code and zoning 326 00:25:37,520 --> 00:25:46,080 officer determ determined that the feather flag installed at 20 flee 59 327 00:25:42,799 --> 00:25:53,039 north road in the village of Lancing uh violates the village lancing code uh 328 00:25:49,919 --> 00:25:56,880 section 115-5F. The McGyvern Insurance Agency 329 00:25:54,799 --> 00:26:01,520 represented by Adam McGyvern appealed to the board of zoning appeals for an 330 00:25:58,320 --> 00:26:07,039 interpretation of chapter 115-5F as it relates to the feather flags flag. The 331 00:26:05,120 --> 00:26:10,960 board's duty in an interpretation appeal is to determine the meaning and 332 00:26:08,400 --> 00:26:14,880 applicability of the provisions of the zoning code based upon the language of 333 00:26:12,799 --> 00:26:21,360 the code, the record before the board and the facts presented. Excuse me. And 334 00:26:18,400 --> 00:26:27,520 the village of Lancing code 115-5F provides as follows. As Natalie said, no 335 00:26:25,279 --> 00:26:31,120 sign or part thereof may contain or consist of banners, posters, pennants, 336 00:26:29,360 --> 00:26:35,679 ribbons, streamers, spinners, or other similar moving, fluttering, or revolving 337 00:26:33,200 --> 00:26:39,919 devices. These devices, as well as strings of lights, may not be used for 338 00:26:37,360 --> 00:26:45,600 advertising or tracking attention or for any other purpose. And on September 8th, 339 00:26:43,360 --> 00:26:49,440 2026, the Village of Lancing Board of Zoning Appeals held a public hearing 340 00:26:47,279 --> 00:26:52,880 regarding such action and therefore thoroughly reviewed and analyzed the 341 00:26:51,120 --> 00:26:57,200 materials and information presented by and on behalf of the applicant in 342 00:26:55,360 --> 00:27:01,520 support of this appeal, all other information and materials rightfully 343 00:26:58,960 --> 00:27:04,799 before the board and all issues raised during the public hearing and or 344 00:27:03,360 --> 00:27:10,799 otherwise raised in the course of the board's deliberations. So now we need to 345 00:27:08,720 --> 00:27:16,799 pass a resolution. Uh the village of Lancing Code section 346 00:27:13,120 --> 00:27:20,080 115- F5F prohibits signs consisting of banners, posters, penants, ribbons, 347 00:27:18,559 --> 00:27:25,279 streamers, spinners, and other similar moving, fluttering, or revolving 348 00:27:22,720 --> 00:27:29,919 devices. Based on the record before the board, the feather flag is or is not 349 00:27:28,080 --> 00:27:34,240 within the ordinary or commonly understood meaning and or similar in 350 00:27:32,559 --> 00:27:38,159 character to the banner penants and river 351 00:27:35,919 --> 00:27:41,919 strainers, the spinners and other moving fluttering revolver devices as 352 00:27:39,760 --> 00:27:46,559 identified in 115. So what we need now is a motion to 353 00:27:43,919 --> 00:27:52,000 either accept or reject the notion that it is a banner. 354 00:27:50,000 --> 00:27:55,760 Make a motion to reject it. Everyone to to say that it is definitely 355 00:27:54,640 --> 00:28:01,399 » is a >> Is there a second? 356 00:27:58,000 --> 00:28:01,399 » All in favor? 357 00:28:02,080 --> 00:28:05,039 » Moving on. >> I don't think there's any additional 358 00:28:04,240 --> 00:28:10,559 findings or >> No, there are no other than um there are 359 00:28:07,679 --> 00:28:13,200 no findings. Uh and there are no uh conditions other than to maybe 360 00:28:12,399 --> 00:28:15,600 reconsider. >> No, we have to do four. 361 00:28:14,559 --> 00:28:17,200 » Yes. >> Sure. 362 00:28:16,799 --> 00:28:21,520 Um >> I was saying if there's anything else 363 00:28:18,320 --> 00:28:25,919 you want to write into space for that but I don't believe so I 364 00:28:24,480 --> 00:28:27,919 don't know anybody want to point anything 365 00:28:26,240 --> 00:28:33,440 » that the interpretation advanced by the code and zoning officer is or is not 366 00:28:30,399 --> 00:28:38,240 consistent with the language and purpose >> I'll say is consistent 367 00:28:35,279 --> 00:28:41,520 » all agreed a resolution no that's what we're doing so you're answering it's all 368 00:28:39,840 --> 00:28:44,960 part of that resolution the final resolution will be the vote be it 369 00:28:43,120 --> 00:28:48,799 further resolved that the board hereby affirms the code zoning officer's 370 00:28:46,880 --> 00:28:54,399 interpretation that the sign at issue is prohibited under 115-5F 371 00:28:52,320 --> 00:28:58,080 of the village of Lancing zoning code or reverses the code officer's 372 00:28:56,320 --> 00:29:02,559 interpretation which shall it be 373 00:29:00,480 --> 00:29:05,840 » affirm by Don second by 374 00:29:03,679 --> 00:29:12,559 » the first and second >> and then Deon all in favor 375 00:29:09,279 --> 00:29:17,679 » that it affirms all right agreed thank you 376 00:29:14,799 --> 00:29:24,399 all right So, we unanimously have decided that it is a banner and that it 377 00:29:20,080 --> 00:29:31,120 doesn't meet our time standards for the village of Lancing. I'm sorry, but it's 378 00:29:27,760 --> 00:29:35,919 the way we operate. >> Good luck with your business. I think 379 00:29:33,440 --> 00:29:38,720 they're going to get to know you anyway. >> Well, I appreciate it. 380 00:29:37,200 --> 00:29:43,440 » How long have you been there? >> This is 26 years. 381 00:29:42,080 --> 00:29:46,559 But I I really appreciate everyone's time, especially it's really intense to 382 00:29:45,200 --> 00:29:51,039 figure open up that dialogue and figure out how to come a solution to a problem. 383 00:29:48,320 --> 00:29:57,679 » Well, and Lorraine has that direction. >> Yeah. And Lorraine had a point. So the 384 00:29:53,840 --> 00:30:00,679 the community what is it the community engagement? 385 00:30:02,240 --> 00:30:09,840 » So I think that's where you could easily discuss ways that businesses could make 386 00:30:06,960 --> 00:30:16,799 themselves still comply with our sign law. 387 00:30:10,799 --> 00:30:20,640 actually needs mention that we don't want to ignore your needs, but on the 388 00:30:18,559 --> 00:30:26,880 other hand, you have to realize that we have ours and there's a reason for them. 389 00:30:23,200 --> 00:30:30,799 Um, we just don't there are places in this county that we don't want to 390 00:30:28,480 --> 00:30:36,640 resemble and I think we've done a pretty good job. Um, we've worked really hard 391 00:30:33,520 --> 00:30:40,640 on our sign law and our street trees and the way things look in the village. you 392 00:30:39,120 --> 00:30:45,120 know, we want people to have a good impression. So, that's kind of what 393 00:30:43,679 --> 00:30:49,679 we're trying to uphold here. >> So, just a quick question for variance 394 00:30:47,600 --> 00:30:52,159 for consideration of the extension of what we're talking about tonight. Is 395 00:30:50,640 --> 00:30:57,279 that going to be a new application or can we just 396 00:30:53,279 --> 00:31:00,559 » I can send you I can send you some >> I can send me an email which you're 397 00:30:59,120 --> 00:31:04,960 looking for and then I can send you back. I won't be in the office tomorrow. 398 00:31:02,799 --> 00:31:08,000 I'm at a SEO meeting, but the next I can get back to you by 399 00:31:06,720 --> 00:31:10,480 » and then what's the other thing as far as sign get that down and a day 400 00:31:09,760 --> 00:31:13,760 tomorrow. >> Okay. 401 00:31:12,559 --> 00:31:18,399 » Not immediately, please. >> I guess I just have a comment for you. 402 00:31:16,399 --> 00:31:22,159 If let me show her this. I know we're over, 403 00:31:20,320 --> 00:31:26,480 but this is a better picture of what you were trying to see. 404 00:31:24,000 --> 00:31:29,919 » What I wanted remember you said there was something on the door. 405 00:31:28,080 --> 00:31:31,279 » I think Lynn was referring to the on >> on the building. 406 00:31:30,799 --> 00:31:34,880 » Yeah. >> Yeah. No, that's not visible. That's 407 00:31:32,960 --> 00:31:38,799 just when you walk up, >> you give the measurements of the nation, 408 00:31:36,399 --> 00:31:44,480 right? Sign and the lighting. Maybe you would find who who makes them and then 409 00:31:42,399 --> 00:31:48,720 you got an example to put with your application assuming that's the size you 410 00:31:46,480 --> 00:31:51,919 wanted. Okay. Sorry. 411 00:31:50,320 --> 00:31:54,919 » You're fine. >> Grace, 412 00:31:55,360 --> 00:32:01,039 » close up. >> Yeah. Yeah. I'm just thinking about that 413 00:31:57,760 --> 00:32:05,279 corner. They're the same. I think they're called montalk daisies. Am I 414 00:32:03,440 --> 00:32:09,519 right, Lisa? >> They bloom about this time of year. They 415 00:32:07,600 --> 00:32:15,799 love it there. >> I used to weed that garden myself. I 416 00:32:12,799 --> 00:32:15,799 used 417 00:32:18,000 --> 00:32:23,760 » Yeah, they're very late summer. >> Beautiful. 418 00:32:22,000 --> 00:32:26,720 » Really interesting part because I mean it has so much potential. It looks 419 00:32:25,200 --> 00:32:31,919 really good at times, but it was awesome times. Well, one thing one problem with 420 00:32:29,120 --> 00:32:36,559 that is I used to weed it and um >> the deer ate a lot of stuff in there. 421 00:32:34,320 --> 00:32:39,760 » They they just do a number on a lot of things in the village that you just have 422 00:32:38,000 --> 00:32:44,640 to figure out what to plant that they won't most of the time won't eat. The 423 00:32:42,480 --> 00:32:48,720 other is it's a kind of a hot dry site. It's very exposed to the western sun and 424 00:32:46,640 --> 00:32:52,080 it's very steep so water doesn't stay on it when it falls. 425 00:32:49,919 --> 00:32:55,120 » So it's >> Yeah. I don't know how they they finally 426 00:32:53,760 --> 00:33:00,480 establish themselves. I don't see anybody dead heads in the I think they 427 00:32:57,760 --> 00:33:06,320 » just um as a matter of fact this coming 428 00:33:03,440 --> 00:33:11,440 weekend design concepts the grant that was given to design connect 429 00:33:09,679 --> 00:33:15,519 » design what design connect >> design connect the kids 430 00:33:13,919 --> 00:33:21,200 » they're going to come and walk the corridor starting all the way from the 431 00:33:18,320 --> 00:33:27,559 trip mall up on both sides and back with and um the idea is to work with down to 432 00:33:28,399 --> 00:33:35,760 » Are they looking for input? >> Yeah. 433 00:33:34,159 --> 00:33:40,320 » So these are sending original planet students. Yeah. So 434 00:33:37,840 --> 00:33:43,519 » yeah, maybe maybe they can get some feedback on, you know, on 435 00:33:41,760 --> 00:33:47,440 beautifification, right? >> Yes. 436 00:33:46,159 --> 00:33:51,679 » All right. >> I got to turn the meeting. 437 00:33:49,039 --> 00:33:57,679 » I have a motion to the meeting, please. Moved by Mike, second by D. Um Devon, 438 00:33:54,480 --> 00:34:02,200 all in favor. >> Thank you everybody. 439 00:33:59,200 --> 00:34:02,200 » You 440 00:34:03,519 --> 00:34:08,240 going down the docket. What's that? Is