Bressler Adv. Sign PermitMay 29, 2001
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Building Services Department
Attn: Jeanne Schneider
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
Item for Agenda of City Council Meeting
Regarding Bressler Outdoor Advertising's Building Permit
Dem' Ms. Schneider:
Bressler Outdoor Advertising, LLC. hereby appeals the decision of the Assistant Planner, Guy
Hemenway, in his denial of Bressler Outdoor's request for an off-premise sign permit for
property located at 44 Main Street (parcel ID# 10-25-290-008 & 009). Bressler Outdoor
requests that the appeal of this matter be placed upon the agenda of City Council's next meeting,
if they are the appropriate body to hear this appeal. Please inform me of the date of said meeting
as soon as possible.
I am attaching a Request for Hearing which sets forth exactly what Bressler Outdoor would like
to address at the appeal. Please let me know if you need any additional information other than
what is addressed in the attached request.
Thank you for your attention to this matter.
Sincerely,
Jennifer Sloane, Esq.
General Counsel
Bressler Outdoor Advertising, LLC
Enclosure
BRESSLER OUTDOOR ADVERTISING, L.L.C.
170 W. FAIRBANKS AVE., SUITE 102 - WINTER PARK, FL 32789
(407) 622-1040 · (800) 570-3232 · FAX: (407) 622-1045
REQUEST FOR HEARING
BRESSLER OUTDOOR ADVERTISING, LLC.
Bressler Outdoor Advertising, LLC. ("Bressler") requests that the City Council, or any
other appropriate governing body, address the issue of whether the Assistant Planner, Guy
Hemenway, improperly interpreted and/or applied the City's Zoning Code, as it pertains to
spacing between off-premise sign structures, when he denied Bmssler's permit application for a
sign to be placed upon property locate at 44 Main Street (Parcel ID #10-25-290-008 & 009).
Bressler Outdoor filed its application with the City of Dubuque on March 22, 2001 for
the issuance of an off-premise sign permit to construct a sign upon property located at 44 Main
Street. The proposed sign structure is to be located on the north wall of the building, and the
sign will be facing in a northern direction. Through this placement of the sign upon the wall, the
sign will be oriented towards Highway 52 and is intended to be viewed to those traveling south
along Highway 52. See the attached drawing for a depiction of the sign's proposed location.
Bressler filed with its application a site plan, two copies of engineered structural drawings, and
the required application fee. Prior to the issuance ora permit, the City requires that an applicant
obtain approval from the State of Iowa Department of Transportation ("[DOT") for a state permit
to construct the sign structure.
Bressler obtained the necessary state permits for this sign on March 8, 2001. The state
approval was immediately forwarded to the City of Dubuque and, in response, the City informed
Bressler that the City had adopted a moratorium on the issuance of any further sign permits and,
as a result, could not rule on Bressler's application until such time as the moratorium expired.
The City of Dubuque adopted new ordinance language regarding the spacing between
sign structures. This new language, which formed the basis of the denial of the permit
application, is as follows:
"spacing between any two off-premise sign structures, which are located on either side of
a federal aid primary highway(s) and oriented toward said highway(s) will be no less than
750 feet, and spacing between any two off-premise sign structures, which are located on
either side of all other City street(s) and oriented toward said City street(s) will be no less
than 500 feet. A lineal measurement perpendicular to the centerline of the roadway(s)
will apply to determine required distance and is taken from the nearest point of each
structnre."
On May 11, 2001, the Assistant Planner issued his ruling on Bressler's application, and in doing
so, denied Bressler's application. The basis for the denial was as follows:
"Currently, there is an existing off-premise sign located at 99 Main Street that is oriented
toward Locust Street and the Locust Street connector. The property at 44 Main Street on
which you have proposed to affix the off-premise sign is within 750 feet of the existing
off-premise sign at 99 Main Street. This means that the side of the building at 44 Main
Street where you wish to put a sign is no longer an eligible location for off-premise
signage."
It appears that the Assistant Planner has improperly applied the new ordinance language to
Bressler's application. First, the Assistant Planner is referencing the spacing between Bressler's
proposed sign and another sign structure along Main Street, which is a City Street and not a
Highway. However, the Assistant Planner, in his denial letter, indicates that Bressler's proposed
sign is within 750 feet of the existing sign, which is the spacing requirement applicable to
Highways and not City streets. For city streets, the spacing is 500 feet. Second, Bressler's
proposed sign is not "oriented" towards Main Street and, therefore, requiting Bressler to meet the
spacing requirements along Main Street is contrary to what the Code states. Instead, Bressler's
proposed sign is oriented towards Highway 52 and is located on the West side of Highway 52.
Thus, according to the new Code language, Bressler's application is subject to the spacing
requirements for Highways; primarily, the spacing between Bressler,s proposed location and any
other sign structure located on either side of Highway 52 and oriented towards Highway 52, must
be 750 feet apart. Bressler meets these spacing requirements and, therefore, the Assistant
Planner's improper application of the new ordinance language has denied Bressler its rights to
this sign structure.
Bressler hereby requests that the City find that the Assistant Planner improperly applied
the City's ordinance pertaining to the spacing between two off-premise sign structures to
Bressler's off-premise sign permit application. Bressler further requests that the City make an
interpretation of the City ordinance and find that the word "oriented" shall me the street or
highway to which the sign structure is intended to advertise.
2
planning Services Department
50 West 13th $~reet
Dubuque. Iowa 52001~[864
Phone ~319~ 5892210
Fax f3191 589~Z2i
May 11, 2001
Hr. Chds Stevens
Bressler Outdoor Advertising
170 W, Fairbanks Avenue
Winter Park, FL 32790
Dear Mr. Stevens:
On March 22, 2001, you submitted all of the required documentation for an off-premise sign
permit for the property located at 44 Main Street (Parcel ID #10-25-290-008 & 009). At the
time you submitted these documents, the CRy of Dubuque was bound by an off-premise sign
permit mo~todum. The moratorium was implemented because a text amendment was
proposed regarding spacing of off-premise signnge. The amended language has been
reviewed by both the Zoning Advisory Commission and the City Council and has been
approved.
The amended language states, "sparing between any two off-premise sign structures, which
are located on either side ora federal aid primary highway(s) and oriented toward said
highway(s~ will be no less than 750 feet, and spacing between any two off-premise sign
structures, which are located on either side of all other City street(s) and oriented toward
said City street(s) will be no less than 500 feet. A lineal measurement perpendicular to the
centedine of the roadway(s) will apply to determine required distance and is taken from the
nearest point of each structure."
This spacing requirement is applicable to all C-3, C-4, CS, CR, LI, HHI and HI zoning
districts. The property located at 44 Main Street is zoned LI, Ught Industrial District, and is
therefore bound by t~m newly amended spadng require.~. Curr. entty, tfi. er~ Ls an ex~mg
off-premise sign located at 99 Nain Street (Parcel #10-25-288-901) that is odented toward
Locust Street and the Locust Street connector. The property at 44 Hain Street on which you
have proposed to afro( the off-premise sign is within 750 feet of the existing off-premise sign
at 99 Main Street. This means that the side of the building at 44 Main Street where you
wish to put a sign is no longer an eligible location for off-premise signage.
If you have any questions regarding this information, please contact me.
Sincerely, ~..
Assistant Planner
Service People Integrity Responsibility Innovation Teamwork
James A. O'Brien
Assistant City Attorney
50 lqest 13ti~ Street
Dubuque, Iowa 520014864
Phone:, (319) 556-8552
Fax: (319) 556-8572
June 5,2001
Jennifer Sloane, Esq.
General Counsel
Bresster Outdoor Advertising, LLC
170 W. Fairbanks Ave., Ste. 102
Winter Park, FL 32789
RE: Request for Off-Premise Sign Permit (44 Main Street)
Dear Ms. Sloane:
Your letter of May 29, 2001 directed to the attention of~Jeaune Schneider has been
forwarded to me for a response. It is my understanding that your letter will be placed on the City
Council agenda as you requested. The purpose of my letter to you is to advise you, as a courtesy,
that under Iowa law and the City Code of the City of Dubuque, the proper procedure for appeals
from a decision by a zoning official is to the Board of Adjustment. In Iowa, the city Board of
Adjustment is a quasi judicial entity with the power to hear and decide appeals where it is alleged
· there is an error in any order, requirement, decision, or determination made by an administrative
official in th.e enforcement of city zoning. (Iowa Code Section 414.12). In exercising this power,
the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from. The City Council has no power under the
Iowa Code to consider such'appeals.
ApPeals must be flied within thirty (30) days immediately following the date of the
administrative action which is being appealed. The appeal should be filed on a notice of appeal
form, a copy of which accompanies this letter, and should be accompanied by the appropriate fee.
tfyou have any questions concerning the above, please feet free to contact me. I frilly
anticipate that the City CounciI, in dealing with the agenda item, will refer the matter to the legal
department. Your letter is not sufficient to initiate the appeal process and you should take note of
the time requirement specified in the City Code.
Sincerely, ~
.f Ja~es A. O'Brien
(..,~sistant City Attorney
JAO/dmo