b.
County Board of Adjustment
- Meeting Date:
- 01/14/2016
- SUBJECT
- Variance 280 - Appeal of Administrative Decision - Lamar - 2531 Old Hardin Road
- THROUGH:
- Candi Millar
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
Item #2 - County Variance 280 – 2531 Old Hardin Road – Lamar – An appeal of an administrative decision to deny an application for a new billboard sign at 2531 Old Hardin Road in a Community Commercial (CC) zone on Lot C1, Dick’s Tracts Subdivision, a .98 acre parcel of land generally located at 2531 Old Hardin Road. Tax ID: C06869. Presented by: Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
The Zoning Coordinator recommends the decision to deny the billboard sign application by Lamar for a new billboard sign at 2531 Old Hardin be affirmed in whole. The decision was made without error and was the correct decision based on all the facts and within the scope of the County Sign Code as adopted.
APPLICATION DATA
| OWNER: Junior Land and Livestock - GFK Trailer Sales | |
| AGENT: Lamar, Kelly Strobel and Paul Dennehy; Paul Lambert, manager for GFK Trailer Sales | |
| LEGAL DESCRIPTION: Lot C1, Dick’s Tracts Subdivision | |
| ADDRESS: 2531 Old Hardin Road | |
| CURRENT ZONING: Community Commercial (CC) | |
| EXISTING LAND USE: GFK Trailer Sales | |
| PROPOSED USE: Same with new Lamar Billboard Sign | |
| SIZE OF PARCEL: 0.98 acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
Subject Property - None. The property is zoned CC and this was the original zoning of the property since 1973. There have been no applications for variances, zone changes, or special reviews on the subject property.
Surrounding Property - A sign height variance was approved in June 1990 for the Flying J Truck Plaza from 45 feet to 85 feet. A special exception (now known as a special review) was approved to move a billboard sign on the Billings Livestock Auction Yards property at 2443 North Frontage Road in April 1978. Two additional special exceptions were granted for billboard signs at 2421 Old Hardin Road and 1955 Old Hardin Road in March 1978.
Surrounding Property - A sign height variance was approved in June 1990 for the Flying J Truck Plaza from 45 feet to 85 feet. A special exception (now known as a special review) was approved to move a billboard sign on the Billings Livestock Auction Yards property at 2443 North Frontage Road in April 1978. Two additional special exceptions were granted for billboard signs at 2421 Old Hardin Road and 1955 Old Hardin Road in March 1978.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: CI Land Use: I-90 and Billings Livestock Auction Yards |
| SOUTH: | Zoning: R-150 Land Use: Single family homes |
| EAST: | Zoning: CC Land Use: Whalen Tires |
| WEST: | Zoning: CC Land Use: Acuren - Materials Testing and Engineering |
BACKGROUND
This is an appeal of a final administrative decision regarding a billboard sign proposed for property at 2531 Old Hardin Road in Lockwood. The property is zoned Community Commercial (CC) and is owned by Junior Land and Livestock. The property is currently developed for GFK Trailer Sales. The business property manager is Paul Lambert. The appellant is Lamar, represented by Kelly Strobel, Real Estate Manager and Paul Dennehy, General Manager.
On October 14, 2015, the property owners at 2511 Old Hardin Road submitted a billboard sign permit through their agent, Bella Outdoor (Joe Mancuso, agent), to replace the existing Lamar billboard sign currently on the property. The property owners indicated in writing, and at the Planning Division front counter, that their intent was not to renew an expiring lease with Lamar. The lease would expire at the end of November, 2015. Zoning Coordinator Nicole Cromwell denied this permit application from the property owners of 2511 Old Hardin Road because the property had an existing billboard sign and it was likely the sign would remain in place through the expiration of the lease with Lamar. Ms. Cromwell indicated in the permit denial that a new application for a billboard sign could be submitted after the Lamar billboard was removed. The property owner and their agent indicated they would submit a new sign permit after the expiration of the lease and the removal of the existing sign.
On or about October 20, 2015, Kelly Strobel of Lamar visited the Planning office and spoke with Ms. Cromwell concerning billboard sign matters in general. Ms. Cromwell indicated to Mr. Strobel that she had just received a permit application for 2511 Old Hardin Road, a location where Lamar had a current, but expiring, lease with the property owner. She told Mr. Strobel she was going to deny the application as being premature. She made a copy of the application and gave it to Mr. Strobel.
On October 28, 2015, Lamar submitted a billboard sign permit for property at 2531 Old Hardin Road. The proposed location was not at least 500 feet distant from the current billboard sign location at 2511 Old Hardin Road. On November 9, 2015, Ms. Cromwell informed Mr. Strobel of Lamar by letter of her decision to deny the billboard sign permit at 2531 Old Hardin Road because of non-compliance with the 500-foot separation requirement (Article X, Section 4.06 – County Sign Code) and because the Lamar billboard sign at 2511 Old Hardin Road was still in place. She also stated in the letter of denial the need for Lamar to secure a location at least 500 feet distant from 2511 Old Hardin Road.
Lamar filed this appeal pursuant to the Zoning Coordinator's final administrative decision on November 9, 2015, for the billboard sign at 2531 Old Hardin Road. Subsequently, on December 2, 2015, both Lamar and Bella Outdoor filed billboard sign permit applications. Bella Outdoor filed on behalf of the property owners at 2511 Old Hardin Road, the former location of Lamar’s lease. Lamar filed for a permit at 2531 Old Hardin Road, less than 500 feet from the location at 2511 Old Hardin Road.
The property owners of 2511 Old Hardin Road, through filing a permit on October 14, 2015, indicated to this office and the Zoning Coordinator their prior intent to continue using this property for a billboard sign. It is the practice of all planners to apply the doctrine of fairness to all applicants and in particular property owners who have a vested interest in securing land use entitlements for their property. Bella Outdoor on behalf of the property owners at 2511 Old Hardin Road did submit a billboard sign permit as soon as the Lamar billboard sign lease expired and the structure was removed from the property.
Lamar was aware from at least October 20, 2015, until today, that the owners of 2511 Old Hardin Road intended to contract with Bella Outdoor to construct a new billboard sign on their property. Subsequent submittals by Lamar for a billboard sign permit for property within 500 feet of 2511 Old Hardin Road were not approved because the property owners of 2511 Old Hardin Road stated intent was to place a new billboard sign on their property once the Lamar sign was removed. If the property owners had indicated no intent to replace the billboard with another billboard sign, the Lamar application for 2531 Old Hardin would have been approved.
The Zoning Coordinator recommends the decision to deny the billboard sign application by Lamar for a new billboard sign at 2531 Old Hardin be affirmed in whole. The decision was made without error and was the correct decision based on all the facts and within the scope of the County Sign Code as adopted. The decision was not arbitrary or capricious. The property owners of 2511 Old Hardin Road did not intend to renew a land lease with Lamar but did intend to replace the billboard sign once the Lamar lease expired. The property owners stated this intent by filing a billboard sign permit at least 6 weeks in advance of the land lease expiration. Lamar was aware of these facts. Lamar was aware of the required separation distance of 500 feet between billboard signs. A new billboard sign permit could not be approved for a location within 500 feet of the billboard sign located at 2511 Old Hardin Road.
On October 14, 2015, the property owners at 2511 Old Hardin Road submitted a billboard sign permit through their agent, Bella Outdoor (Joe Mancuso, agent), to replace the existing Lamar billboard sign currently on the property. The property owners indicated in writing, and at the Planning Division front counter, that their intent was not to renew an expiring lease with Lamar. The lease would expire at the end of November, 2015. Zoning Coordinator Nicole Cromwell denied this permit application from the property owners of 2511 Old Hardin Road because the property had an existing billboard sign and it was likely the sign would remain in place through the expiration of the lease with Lamar. Ms. Cromwell indicated in the permit denial that a new application for a billboard sign could be submitted after the Lamar billboard was removed. The property owner and their agent indicated they would submit a new sign permit after the expiration of the lease and the removal of the existing sign.
On or about October 20, 2015, Kelly Strobel of Lamar visited the Planning office and spoke with Ms. Cromwell concerning billboard sign matters in general. Ms. Cromwell indicated to Mr. Strobel that she had just received a permit application for 2511 Old Hardin Road, a location where Lamar had a current, but expiring, lease with the property owner. She told Mr. Strobel she was going to deny the application as being premature. She made a copy of the application and gave it to Mr. Strobel.
On October 28, 2015, Lamar submitted a billboard sign permit for property at 2531 Old Hardin Road. The proposed location was not at least 500 feet distant from the current billboard sign location at 2511 Old Hardin Road. On November 9, 2015, Ms. Cromwell informed Mr. Strobel of Lamar by letter of her decision to deny the billboard sign permit at 2531 Old Hardin Road because of non-compliance with the 500-foot separation requirement (Article X, Section 4.06 – County Sign Code) and because the Lamar billboard sign at 2511 Old Hardin Road was still in place. She also stated in the letter of denial the need for Lamar to secure a location at least 500 feet distant from 2511 Old Hardin Road.
Lamar filed this appeal pursuant to the Zoning Coordinator's final administrative decision on November 9, 2015, for the billboard sign at 2531 Old Hardin Road. Subsequently, on December 2, 2015, both Lamar and Bella Outdoor filed billboard sign permit applications. Bella Outdoor filed on behalf of the property owners at 2511 Old Hardin Road, the former location of Lamar’s lease. Lamar filed for a permit at 2531 Old Hardin Road, less than 500 feet from the location at 2511 Old Hardin Road.
The property owners of 2511 Old Hardin Road, through filing a permit on October 14, 2015, indicated to this office and the Zoning Coordinator their prior intent to continue using this property for a billboard sign. It is the practice of all planners to apply the doctrine of fairness to all applicants and in particular property owners who have a vested interest in securing land use entitlements for their property. Bella Outdoor on behalf of the property owners at 2511 Old Hardin Road did submit a billboard sign permit as soon as the Lamar billboard sign lease expired and the structure was removed from the property.
Lamar was aware from at least October 20, 2015, until today, that the owners of 2511 Old Hardin Road intended to contract with Bella Outdoor to construct a new billboard sign on their property. Subsequent submittals by Lamar for a billboard sign permit for property within 500 feet of 2511 Old Hardin Road were not approved because the property owners of 2511 Old Hardin Road stated intent was to place a new billboard sign on their property once the Lamar sign was removed. If the property owners had indicated no intent to replace the billboard with another billboard sign, the Lamar application for 2531 Old Hardin would have been approved.
The Zoning Coordinator recommends the decision to deny the billboard sign application by Lamar for a new billboard sign at 2531 Old Hardin be affirmed in whole. The decision was made without error and was the correct decision based on all the facts and within the scope of the County Sign Code as adopted. The decision was not arbitrary or capricious. The property owners of 2511 Old Hardin Road did not intend to renew a land lease with Lamar but did intend to replace the billboard sign once the Lamar lease expired. The property owners stated this intent by filing a billboard sign permit at least 6 weeks in advance of the land lease expiration. Lamar was aware of these facts. Lamar was aware of the required separation distance of 500 feet between billboard signs. A new billboard sign permit could not be approved for a location within 500 feet of the billboard sign located at 2511 Old Hardin Road.
RECOMMENDATION
The Zoning Coordinator recommends the decision to deny the billboard sign application by Lamar for a new billboard sign at 2531 Old Hardin be affirmed in whole. The decision was made without error and was the correct decision based on all the facts and within the scope of the County Sign Code as adopted.