Title
Memorializing the Council's June 5, 2013 decision granting an appeal by Dan Gleeson & Associates of a decision of the Heritage Preservation Commission denying a sign application for 255 East 6th Street.
Body
WHEREAS, on March 20, 2013, 9 & 19 Properties, LLC, on behalf of the owner of that building commonly known as 255 East Sixth Street, described as a "non-contributing" building in the City's Lowertown Historic District, made application to the Heritage Preservation Commission (hereinafter "HPC") in HPC File No. 13-024, for a permit to install a "vertically oriented, 19' x 4' building sign on the upper portion of the building's southeast corner;" and
WHEREAS, on April 25, 2013, the HPC, having provided notice to affected property owners, duly conducted a public hearing on the said sign application where all interested parties were given an opportunity to be heard; and
WHEREAS, at the close of the said hearing and based upon all the testimony and records, including the HPC staff report dated April 21, 2013 which recommended denial of the permit application, the HPC duly moved to deny the said application for the reasons set forth in the staff report and, particularly its Finding No. 4, as set forth below:
1. On March 22, 1984, the Historic Lowertown Heritage Preservation District was established under Ordinance No. 17120, § 2. The Heritage Preservation Commission shall protect the architectural character of heritage preservation sites through review and approval or denial of applications for city permits for exterior work within designated heritage preservation sites§73.04.(4).
2. Classification of the building. The building is classified as Noncontributing to the
architectural character and integrity of the Historic Lowertown Heritage Preservation District.
3. Materials. The individual metal letters and logo are appropriate on this noncontributing
building's metal façade and generally complement the materials of the related building but not the materials of the historic adjacent buildings.
4. Location and method of attachment. The Lowertown guidelines state that there should
be no sign above the cornice line or uppermost portion of a facade wall. The proposed sign is located on the uppermost portion of the façade wall in violation of this guideline. The intent of this guideline is to avoid large signage at the top portion of buildings, but rather to encourage more modest lower-level signage that is pedestrian oriented. Also, details are not provided in the application to determine whether (t)he method of attachment
become(s) an extension of the architecture.
5. Lighting. There is no flashing or blinking light proposed. However, the backlit (halo)
illumination is generally inappropriate according to the Lowertown guidelines. Some halo lit signs have been approved by the HPC when the materials are opaque and the light does not illuminate through plastic but casts a shadow onto the exterior of the sign.
6. The proposal will not have an adverse affect on the program for the preservation and
architectural control of the Historic Lowertown Heritage Preservation District (Leg. Code
§73.06(e)) provided the conditions are met.
WHEREAS, in a Letter of Denial dated April 29, 2013, the HPC's decision was duly provided to 9 and 19 Properties LLC along with information on appealing the decision to the City Council; and
WHEREAS, on or about April 30, 2013, Dan Gleeson & Associates, Inc., pursuant to Legislative Code §73.06(h), duly filed an appeal from the HPC's decision in this matter and requested a public hearing before the City Council for the purpose of considering the action taken by the HPC; and
WHEREAS, on June 5, 2013, a public hearing was duly conducted before the City Council where all interested parties were given an opportunity to be heard and, at the close of the public hearing, the Council, having heard the statements made and having considered the application, all the testimony, the report of staff, the hearing records and minutes, and the letter of denial from the HPC; does hereby
RESOLVE, that the HPC's April 21, 2013 decision to deny the sign application on the basis of HPC Finding No. 4 is hereby overturned. The Council finds that the Appellant has demonstrated error with respect to HPC Finding No. 4. The Council finds that the HPC's interpretation of the Lowertown Historic District Guidelines, Leg. Code § 74.112.III(c) as the basis for denying the said sign application is not consistent with the language of the ordinance which states "no sign shall be above the cornice line or uppermost portion of a façade wall." The plan submitted by the appellant shows that the location of the sign does not fall above the cornice line or the uppermost portion of the building's façade wall. The top of the proposed sign is clearly below either of these two points. Because the location of the sign complies with the ordinance it was erroneous for the HPC to have denied the application based upon an interpretation of the intent of the ordinance that is inconsistent with the plain and ordinary language of the ordinance.
AND, BE IT FURTHER RESOLVED, for the reasons set forth above, that the appeal of Dan Gleeson & Associates, Inc. be and is hereby granted; and be it
FINALLY RESOLVED, that the Council's secretary shall immediately mail a copy of this Resolution to the appellant Dan Gleeson & Associates, Inc., the Heritage Preservation Commission, the Zoning Administrator, and the Building Official.