96-52 REVERSING A DECISION OF THE ZONING BOARD OF APPEALS

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COMMUNITY DEVELOPMENT MEMORANDUM NO. 96-137 July 31, 1996 ' TO: Honorable Mayor Terry M. Howley and I City Council Members ' FROM: Daniel R. Sommerfeldt, Acting City Manager II George C. Weaver, Community Development Director I, Robert A. McQueen, Senior Planner �"\ SUBJECT: Reversing decision of the Zoning Board of Appeals regarding 255 West Pershing Road An ordinance reversing the decision of the Zoning Board of Appeals regarding a proposed billboard sign at 255 West Pershing Road is scheduled for review and action by the City Council on Monday, August 5, 1996. On Thursday, July 18, 1996, the Board approved a petition by OCI Corporation of Michigan to allow construction of a free standing billboard on said premises containing a maximum of 600 square feet on an individual sign face with one such face being permitted on each of two sides of the structure; the Zoning Ordinance allows a maximum sign face of 300 square feet with two such sign faces being permitted on each of two sides of the structure. The Board's motion to approve the subject petition passed with a total of four aye votes and no nay votes. In accordance with Section XXIII of the Zoning Ordinance, the concurring vote of four members of the Board is necessary to decide in favor of the petitioner. Further, said section stipulates that any decision of the Board with less than five affirmative votes is subject to appeal to the City Council by the party aggrieved if such appeal is filed with the City Clerk within ten days after the decision of the Board is given. In this specific case, the City of Decatur Building Inspection Supervisor, who is designated by ordinance as the staff person responsible for determining if specific building permits should be issued, disagrees with the Board's decision and thus is the party aggrieved. The Building Inspection Supervisor has timely filed such appeal with the City Clerk requesting City Council review and action.