Title
Memorializing the denial of an appeal by Tumble Fresh from a BZA decision denying a zoning variance application to install a full-color dynamic display on a freestanding sign at 1855 Suburban Avenue.
Body
WHEREAS, on October 14, 2021, Steve Linn, d/b/a “Tumble Fresh” (“Applicant”), applied to the Board of Zoning Appeals (“BZA”) in BZA File No: 21-313398, for a variance from the strict application of the requirements of Leg. Code § 64.503 for the purpose of installing a full-color dynamic display on a freestanding sign at Applicant’s place of busines at property commonly knowns as 1855 Suburban Avenue [PIN: 352922330016] and legally described as REGISTERED LAND SURVEY 276 SUBJ TO RDS; THAT PT OF TRACT C LYING WLY OF A L DESC AS COMM AT SW COR SD TRACT C TH N ALONG W L OF SD TRACT C 40 FT TH ELY PARA TO S L OF SD TRACT C 223.13 FT TO POB TH N 0 DEG 32 MIN 40 SEC W 395.42 FT TO THE N L OF SD TRACT, which is located in a T2 zoning district; and
WHEREAS, on November 15, 2021, pursuant to Leg. Code § 61.303, the BZA duly conducted a public hearing on the said application the hearing being further conducted, due to the Covid-19 pandemic, in compliance with the Executive and Emergency Orders in effect at the time, remotely via electronic means as it had been previously deemed neither practical nor prudent to conduct “in-person” hearings: accordingly, as provided by law, attending members of the BZA and BZA staff did so remotely while the Applicant and members of the public were afforded the opportunity to submit, no later than noon of the said hearing date, written testimony for the BZA’s consideration and inclusion in the hearing record, in addition, the opportunity to audibly monitor the hearing proceedings and address the BZA and present verbal testimony via electronic means was also provided and all such testimony was duly recorded and retained for the hearing record; and
WHEREAS, at the close of the November 15, 2021 hearing, and based upon all the report...
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