Zoning Board of Appeals Meeting 6.9.2021

Detailed briefing

Zoning Board of Appeals Meeting — June 9, 2021 ATTENDEES: Kim Morris, Kristen McDonald, John Leo and Brett Simons were present; Jeff James and Maddie Hynes were absent. • The board approved the January 13 meeting minutes. With four members present, the board advised applicants that a tie vote would mean a proposal failed. The three applicants on the agenda chose to continue rather than defer their matters to a future meeting. • The board approved a variance for 331 Church Street for an enclosed porch and residential addition work within required setbacks. The applicant said the older house predates zoning and that the project would remove part of an existing north-side porch while making limited additions. Plans were revised to remove north-side windows after neighbor feedback. The board cited the pre-zoning structure, corner-lot setback conditions, limited encroachments and lack of adverse public comment in approving the request. • The board approved a variance for 582 Elm Street for a one-story addition, covered porch and enlarged front stoop. The property was described as a narrow, nonconforming corner lot with a house built around 1905. A neighbor at the hearing supported the project. Board members said the proposal would not create a sight-line or traffic-safety issue and found it could proceed without substantial injury to neighboring property. • Irish Boat Shop appealed the zoning administrator’s decision that its sail-shaped aluminum building feature was a sign subject to sign-area limits. Staff had concluded the feature met the code’s broad sign definition and, at roughly 600 square feet, exceeded the approximately 92 square feet staff said was allowed for the building. • Irish Boat Shop argued that the sail was an architectural feature or artwork intended to break up the building facade, not signage. Public commenters largely supported that view, while one commenter urged a broader public review of rules for murals and large building images. • The board found Irish Boat Shop was an aggrieved party. It then reversed and modified the administrative decision, voting 3-1 to exclude the sail from the calculation of signage for the building. The underlying Irish Boat Shop name/logo remained subject to applicable sign rules. Worth watching: • Board members identified possible ambiguity or deficiencies in the zoning code concerning murals, art and signs; no code amendment was adopted at this meeting. • The city will need to apply the board’s appeal decision when handling Irish Boat Shop’s sign permit. • Members requested paper meeting packets and said they need time to review materials before meetings. Upcoming: No future meeting date was announced. Why it matters: The decisions allow two residential projects to proceed and establish that Irish Boat Shop’s sail feature is not counted as sign area under this appeal ruling.

No open public follow-ups are linked to this meeting yet.