ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, October 25, 2007
7:00 p.m.
The meeting of the Zoning Board of Appeals was called to order by
Robert Marz, Chairman at 7:00 p.m. at City Hall 4243 Remembrance Rd.,
N.W., Walker, Michigan.
Members present: Robert Marz, Chairman; Charles Deshaine; Roger
Crabtree; James Hickey; Brian Boelens, Alternate; Beth Rogers and Randy
Smith. Member absent:
Tyler Korfhage. Also present: Jeff Nelson, Building Official; and
Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 3002 West River Dr. also known on the tax rolls
as 41-13-02-503-002. Hearing requested by CBS Outdoor.
The applicant’s request is for an interpretation of Section 94-406
(8) & (10) regarding the movement of sign components. If the Board
interprets that the billboard cannot change faces, then the applicant
wishes a variance to upgrade the billboard to a tri-vision.
Finding of Facts
Robert Marz, Chairman reviewed the site plan and application
submitted. No citizen appeared with respect to this application.
Robert Marz stated that the Planning Department is not in favor of
this request.
Mike Hugel, CBS Outdoor stated that the ordinance does allow for
electronic digital signs. They move and have a 30 second time frame to
move. He went on to say that under (10) where it says that no sign or
sign component shall move other than minor elements of clocks or
thermometers, that was in reference to the highway sign.
Jeff Nelson stated that Section 406 pertains to all signs plus
billboards. The requirement for the reader board was added a few years
ago and we are in the process of going to the Ordinance Committee and
having that section on billboards removed
altogether as far as a reader board is concerned. He went on to say
that he did not feel reader boards should be on a billboard at all.
There are no signs in the City of Walker that move other than the
permitted electronic reader board.
Robert Marz asked how this sign works?
Mr. Hugel replied that it does not scroll and sometimes we have
clients that want parts of the sign to move. The tri-vision signs do not
scroll. The copy changes mechanically. It moves very quickly. They move
about every 6 seconds.
Jeff Nelson stated that we have a requirement for 30 second intervals
on the electronic reader boards.
Roger Crabtree asked how many sign changes are we talking about?
Mr. Hugel replied it would be 3 flips every 18 seconds.
Jeff Nelson stated that the first thing we have to do is see if I was
interpreting the ordinance wrong. If I am not, then the applicant wants
a variance. He went on to say that he interpreted it as being a moving
sign. It is not an electronic message board and it has movable parts.
That is the way this has been enforced since the ordinance went into
effect.
James Hickey stated that it is a detriment to traffic because of
people watching that. The Planning Commission decided that we did not
want any of these boards or those with illumination.
Mr. Hugel asked if the location had any bearing on this?
James Hickey replied not that much. At the academy on Leonard St we
allowed them to have a message board but allotted a minute between
message changes and it had to sit back from the road, so it complies
with what the ordinance calls for.
Mr. Hugel stated that there are a couple of interpretations or
studies on billboards being a hazard to traffic and they have proven
that they are not.
Motion
James Hickey moved and Charles Deshaine supported the motion that the
Building Official’s interpretation of the ordinance is correct.
Motion carried 7 to 0.
Charles Deshaine told the applicant that if he has a case that will
help support this request one way or another, we need to see that.
Jeff Nelson stated that the moveable reader boards were driven by the
sign companies going to the Ordinance committee. Then they changed the
ordinance.
Robert Marz stated that the applicant may want to take this to the
Ordinance Committee for review for a change or addition rather than
having this Board reject this. The City Planner is not in favor of this
as he feels it is a traffic hazard.
Jeff Nelson felt it may be better to have this written into the
ordinance rather than have to keep coming for a variance.
Roger Crabtree stated that the ordinance Section 94-413 (7) & (8)
states that no billboard shall contain more than one sign panel facing
the same direction of traffic on the freeway. No billboard shall contain
more than 2 sign panels. It does not say whether they have to be fixed,
moveable or otherwise. There are more issues here than moveability.
Mr. Hugel stated that the State does allow tri-vision and LED boards.
Robert Marz replied that would be helpful for the Ordinance
Committee.
Motion
Roger Crabtree moved and James Hickey supported the motion to table
the applicant’s request to upgrade the billboard to a tri-vision until
the applicant can meet with the Ordinance Committee.
Motion carried 7 to 0.
Motion
James Hickey moved and Roger Crabtree supported the motion to approve
the Zoning Board of Appeals minutes of October 11, 2007.
Motion carried 7 to 0.
Motion
Roger Crabtree moved and Randy Smith supported the motion to adjourn
the Zoning Board of Appeals meeting at 7:40 p.m.
Motion carried 7 to 0.
_______________________
Roger Crabtree, Secretary
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