CITY COUNCIL April 10, 2013
COMMITTEE ON ZONING, LANDMARKS & BUILDING STANDARDS
Order, Commissioner of Buildings is hereby directed to issue a sign permit to:
Lincoln Services, Inc. < P.O. Box 64479 Chicago, IL 60664
for the erection of (2) two sign/signboard over 24 feet in height and/or over 100 square feet (in area of one face) at:
2616 N. Milwaukee Avenue
Dimensions: Length: 60' Height: _20;
Height above grade/roof to top of sign: 30' Total Square Foot Area: 1,200
1
Such sign(s) shall comply with all applicable provisions of Title 17 of the Chicago Zoning Ordinance and all other applicable provisions of the Municipal Code for the City of Chicago governing the construction and maintenance of outdoor signs, signboards, and structures.
2616 N MILWAUKEE
ZONING BOARD OF APPEALS
CITY OF CHICAGO
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Media Communications, Inc.
APPLICANT
2616 N. Milwaukee Avenue
PREMISES AFFECTED
MAR *< J '-'ulJ
CITY OF CHICAGO ZONING BOARD OF APPEALS
- 12-A
- 12-A
CALENDAR NO.
September 21, 2012
MINUTES OF MEETING
Thomas Moore Anderson and Moore
APPEARANCE FOR APPLICANT
Thomas Dombai, Amanda Basil Office ofthe Corporation Counsel City of Chicago
APPEARANCE KOR OBJECTOR
NATURE OF REQUEST
Application for an appeal from the decision ofthe Zoning Administrator to not permit a 1200 sq. ft./60' height off-premise/advertising sign on a pedestrian street, within 100' of a residential zoning district, exceeding the maximum total sign area allowed in a B3 District and within 300' of another off-premise sign.
THE VOTE
ACTION OF BOARD
The decision of the Zoning Administrator is reversed.
AFFIRMATIVE NEGATIVE
Jonathan Swain, 0
Chair
Sam Toia H □
Lynette Santiago H □
Geraldine McCabe- H □
Miele
ABSENT
□
□
□ □
RESOLUTION OF THE BOARD BACKGROUND
Public hearings were held on this application by the Zoning Board of Appeals at its regular meeting held on September 21, 2012, after due notice thereof as provided under Chicago Municipal Code ("MCC") Section 17-13-0107-B and by publication in the Chicago Sun-Times.
The Zoning Administrator denied the application of Media
CAL NO. 348-12-A 349-12-A
Page 2 of 3
Communications, Inc. (the "Applicant") for a permit for an off-premise/advertising wall sign measuring 60' in height and 20' in length for a total of I200 sq. ft. in that il violated MCC 17-12-1002-F which prohibits signs on Pedestrian Streets, as the proposed sign would be located at 2616 North Milwaukee Avenue in Chicago (the "Subject Properly") which has been designated as a Pedestrian Street; and the resultant sign would violate MCC 17-12-1006-A which entirely prohibits off-premise signs within 100' of a Residential District as the Subject Property is within 100' of a Residential District; MCC 17-12-1003-E which allows a maximum combined size of 200 sq. ft. total, combined surface of signs on a building in the zoning district where the Subject Property is located and the building at the Subject Property already displays signs which exceed the allowable combined sq. ft. allowable; and MCC 17-12-1006-H which prohibits off premise signs within 300' any other off-premises advertising sign and Applicant seeks a permit for two signs on the same building within 20' of each other.
The Applicant claimed legal non-conforming status for the signs at the Subject Property which would allow the Application to be granted as signs which pre-date 1990 as "grandfathered" and considered legal non-conforming signs and changes of content are permissible and in this instance should be permitted.
The Applicant presented its case and the Objectors testified in opposition. Applicant presented photographs of the Subject Property with various signs painted on the side of the building; Objectors presented inspection reports from the City's Buildings Department citing illegal non-conforming signs on the building at the Subject Property. Both sides presented memoranda of law on its behalf.
FINDINGS AND RESOLUTION
Pursuant lo Sections 17-13-1207 and 17-13-1208 of the Chicago Zoning Ordinance, the Zoning Board of Appeals may only sustain an appeal if it finds that the Zoning Administrator erred. The Board must grant a presumption of correctness to the Zoning Administrator's decision, and the burden of persuasion is on the appellant. Having fullyTieard the testimony and arguments ofthe parties, and being fully advised in the matter, the Zoning Board of Appeals now makes the following findings regarding the Applicant's appeal:
- The Applicant provided proper notice, both by mail and by posting.
- At issue is MCC 17-6.7-1(c) (1990) "A legal non-conforming sign shall not be altered, expanded, or relocated in any way, other than to perform normal and necessary repairs or to change copy ofthe sign"; Applicant maintains thai the signs on the side of the building at the Subject Property have always been present since well prior to 1990, and if not present, they were reinstalled within a year as a gap of less
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than a year is allowable. Objectors maintain that not only had more than an allowable time lapse in which no sign was displayed on the wall of the Subject Property, but, also, that Applicant's intended method of installing new signs would constitute an impermissible "alteration" ofthe sign in violation of MCC 17-15-0504.
- The Board finds that as there were frequently signs of varying sizes on the side ofthe building at the Subject Property.
- The Board finds that the method by which the Applicant intends to affix new signs to the building at the Subject Properly does not violate MCC 17-15-0504.
Therefore, the Board hereby reverses the decision of the Zoning Administrator. The Applicant's appeal is granted. The permit which was denied and which constituted the basis of the Appeal should be granted. This is a final decision subject to review under the Illinois Administrative Review Law (735 ILCS 5/3).