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HomeMy WebLinkAbout2023.01.25 BOA Minutes Neokraft Signs - FOFBoard of Appeals Minutes For Meeting Held on January 19, 2023 Members Present:Loren Ballestas, Jordan LaBouff, Edward Gould (Chair), Robin Perkins, Susan Deane, and Rachel Thompson Staff Present:David Szewczyk, City Solicitor; Jeff Wallace, Director of Code Enforcement Others Present:Clay Bublak, Representative for Applicant Neokraft Signs Introductions: Chair Gould designated Associate Member LaBouff as the member to vote; Associate Member Deane can participate in the discussions but will not vote. Minutes of November 3, 2022: Member LaBouffmade a motion to approve the meeting minutes. Member Perkins seconded the motion. Motion passed unanimously. Public Hearing -Request for Variance Appeal from setback requirement for electronic sign - Neokraft Signs (1109 Broadway, The R. Gifford Family Limited Partnership, owner (Gifford’s Ice Cream)): Mr. Bublak presented the Applicant’s request for variance. Mr. Wallace presented the City of Bangor’s position. Public Hearing was closed. Board of Appeals deliberated on the matter. Board voted separately on the five elements the applicant was required to satisfy under City Code §260-16(B): Member Perkins made a motion the applicant had satisfied the requirement that relaxation of the terms of the Signs Chapter would not substantially depart from the intent and the purpose of the chapter.Member Thompson seconded the motion.Motion passed unanimously. Member LaBouffmade a motion that the applicant had satisfied the element that the plight of the applicant was due to the unique circumstances arising out of the conditions peculiar to the property and not due to general conditions in the neighborhood.Member Ballestas seconded the motion.Motion passed unanimously. Member Ballestasmade a motion that the applicant had satisfied the element that the hardship included substantially more than mere inconvenience or inability to attain a higher financial return, or both.Member Perkins seconded the motion.Vote 3-2 to pass the motion, with Members Gould and LaBouffvoting against. Member Perkins made a motion that the applicant had satisfied the element that the proposed sign would not alter the essential character of the neighborhood.Member Thompson seconded the motion.Motion passed unanimously. Member Thompson made a motion that the applicant had satisfied the element that the hardship was not the result of action taken by the applicant or a prior owner of the property.Member Ballestas seconded the motion.Motion passed unanimously. Board voted on variance from the 300-foot setback requirement of §260-8(E): Member Perkins made a motion that the Board grant the variance requested by the applicant, as the applicant had satisfied all of the elements required by the relevant portions of the City Code.Member Ballestas seconded the motion.Motion passed unanimously to grant the requested variance. No other business Meeting adjourned