HomeMy WebLinkAboutMay 25, 1993 ZBA Minutesr Town of Lansing Zoning Board of Appeals Page 2
Tuesday, May 25, 1993
Dr. Brown pleaded hardship due to the fact that the sign is already placed in concrete and
there are underground electrical lines used to light the sign.
Steve White made a motion to close the public hearing; David Dittman seconded. VOTE:
ALL IN FAVOR; MOTION CARRIED UNANIMOUSLY
Discussion
Roger Hagin felt this case would fall under unique circumstances.
Steve White questioned Dr. Brown how far the sign is from the center line now; Dr. Brown
responded 35 feet.
David Dittman questioned Dr. Brown if his business would be materially affected if it didn't
have a sign. Dr. Brown didn't see how people would know where his business was located.
David Dittman felt they would be able to look the address up in the phone book. Dr. Brown
feels that a number of people come to his business because they see the sign.
Steve White questioned George Totman as to the alternate route he discussed with Dr.
Brown. George Totman indicated that he had informed Dr. Brown that there are a number of
business people in the area with similar concerns, and they should get together and come to
the Town Board and ask for a revision of the sign ordinance. George also added that the
Town Board is agreeable to the task of revising the sign ordinance and have asked George to
take a study of the revision and return to the Town Board with information.
Steve White felt that if a use variance was allowed in this case, others will want the same
privileges. He suggested issuing a temporary use variance with time limit, until the Town
Board had completed the revisions of the sign ordinance. George Totman responded that
each case is different from the other, and didn't feel that if a use variance was issued for this
sign that everyone else in the town would request the same variance. David Dittman felt that
if the Zoning Board of Appeals issued a use variance, Dr. Brown would need to prove that the
house couldn't be used for anything other than his chiropractic business. To apply under the
use variance guidelines, Dr. Brown would need to prove that he would not be able to practice
his profession without the sign. David Dittman felt that although Dr. Brown would be able to
continue to practice without the sign, it may hurt his business.
Steve White made a motion to table discussion until after the next public hearing on the
agenda; David Dittman seconded. VOTE: ALL IN FAVOR; MOTION CARRIED
UNANIMOUSLY (8:30 p.m.)
Return to Discussion at 9:05 p.m.
David Dittman didn't feel that this issue falls under the use variance.
Steve White again suggested issuing a use variance with a time limit to give the Town Board
an opportunity to revise the sign ordinance. George Totman informed the board members
that if they don't make a decision, within 45 days the variance is automatically granted. If they
make a decision conditional, then there is no time limit.
Roger Hagin read through a list of the two types of relief that the Zoning Board of Appeals can
provide: (1) the board may approve, modify, or reverse the decision of the enforcement