Loading...
Bressler Adv sign 3220 DodgeCITY OF DUBUQUE, IOWA MEMORANDUM February 16, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Bressler Outdoor I received a copy of a February 13, 2001 letter fi'om Bressler Outdoor Advertising about construction of a billboard at 3220 Dodge Street. I have included memorandums from Plan Reviews/Building Inspector Gerald Stoffel and Assistant Planner Guy Hemenway. Bressler did not submit plans prior to the moratorium being established. In fact, they began construction of the sign without a permit, after the moratorium was in place. Mi"chael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Rich Russell, Building Services Manager VI enbnqn CITY OF DUBUQUE, IOWA MEMORANDUM 16 February 2001 To: Rich Russell, Building Services Manager From: Gerald Stoffel, Plan Reviews/Building Inspector Re: Application for a building permit to erect a freestanding off premise sign at 3220 Dodge St. On November 13, 2000, Guy Hemenway of the Planning Services Department, having received approval from IDOT, granted approval for the Building Services Department to proceed with issuance of the building permit. At that time, because of a note she had affixed to the application, Connie Riedl, Permit Clerk, inquired of me if I had ever received the engineer's stamped design for the structure. I indicated to her that I had not received this documentation. At that time, she refiled the application pending a response from Bressler Outdoor Advertising. On or about January 15, 2001, the Building Services Department was notified that the City Council had issued a moratorium on the issuance of building permits for the erection of off premise signs. Connie reviewed the pending applications at that time and became aware that the building permit application question was impacted by this order. She inquired of me if this sign had possibly been erected in error without the building permit having been issued. Within a week, I drove by this site and reported that I had observed no activity on the proposed site. On February 7, 2001, I again drove by the site and observed that the column for the sign had been erected. I returned to our office, checked our records and then returned to the site and posted a correction notice on the structure informing any interested party that the structure was in violation of City Ordinance, UBC Sec. 106.4.1 and that no more work should be done upon the premises until a building permit had been properly obtained. I received a call from a representative of Bressler Outdoor Advertising where they requested more information regarding why the stop work order was issued. I explained that our department needed to review the structural plans for the billboard and that a permit had not been issued for the project. On February 9, 2001, I received a set of plans via Fed Ex from Bennett and Pless Inc. with no notation as to what project the plans were for. I had to assume the plans were for the billboard at 3220 Dodge. CITY OF DUBUQUE, IOWA MEMORANDUM February 16, 2001 TO: FROM: SUB3ECT: Laura Carstens, Planning Services Manager Guy Hemenway, Assistant Planner ~'~ Zoning Status of Bressler billboard stnJcture at 3220 Dodge Street This memo addresses the appeal of Bressler Outdoor regarding the City's denial to issue a building permit for their proposed sign structure at 3220 Dodge Stree~ In summary, Bressler states that they initially made application for three billboard structures in May of 2000. They contend that they subrniLLed engineering drawings for all three struc:ka~ at Planning staff reviewed all three sign permits for their compliance with zoning regulations. Planning Services staff do not receive or review engineering drawings. Review of engineering drawings is a function of the Building Services Department. Assistant Planner Mark Noble signed off on the first two permits and ! approved the permit for 3220 Dodge Street on November. 13, 2000, after I recek~d a letter of approval from the Iowa Department of Transportatm. On November 20, 2000, I faxed an unsigned copy of the permit application at the request of Curt Nc:Laughlin of Bressler Advertising. Mr. McLaughlin ~Led that he wanted this information so that he knew that the s~gn was comp~ant with all applicable zoning regulation~ At no time did I indicate this was an approval of the building permit, and the application at that time was unsigned. I believe most of what Bressler outlines in their memo is accurate. The Building DeparLment's ~onten'don is, however, that they did not receive the construction drawings and therefore did not issue the permit. Nter Bras,der began to erect the structure at 3220 Doclge Street, I visited with 3erry Stoffel regarding this issue. At that Ume I observed a yellow post-it note attached to the original building p~t;-dt stating 'hold for engineering" which 3erry explained meant that he was holding the permit pending receipt of engineering drawing~ Bressle~s ~ has been submitted and will be on the next City Coundl agenda, and I thought may want this background information. you have any questions regarding this, please talk to me. GH/mkr ~-'~Applicant to complete numbered spaces only. CITY OF DUBUQUE, IOWA BUILDING PERMIT APPLICATION 0 rn SPECIAL CONDITIONS: /o.~o NOTICE H~LTH DEPAR~ENT WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT - I ^PPUC.',T~ ACC~PTaO aY: ' /' PLANS CHECKEOBY:' APPROVED FOR ISSUANCE CITY OF DUBUQUE, IOWA MElvlORANDUM February 15, 2001 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager'-~ SUBJECT: Bressler Outdoor Appeal for Billboard Permit Attached is information from Assistant Planner Guy Hemenway regarding his interaction with Bressler Outdoor regarding the sign permit for the billboard the company is. constructing at 3220 Dodge Street. Since Bressler Outdoor has appealed to the City Council for issuance of the sign permit for this billboard, I thought you might find Guy's report helpful. Please let me know if you need any additional information from Guy or me. Attachments Barry Lindahl, Corporation Counsel, w/att. Rich Russell, Building Services Manager, w/att. CITY OF DUBUQUE, IOWA MEMORANDUM February 14, 200! TO: FROM: SUBJECT: Laura Carstens, Planning Services Manager Guy Hemenway, Assistant Planner ~ Zoning Status of Bres~er bi,beard ~'u~:ture at 3220 Dodge Street Laura, please find attached a fax from Bressler Outdoor challenging the City's denial to issue a building permit for their proposed sign sbdcture at 3220 Dodge Street. ~n summary, Bressler states that they initially made appr~ation for three billboard structures in May of 2000. They contend that they submitted engineering drawings for all three structures at that time. All three structures were reviewed and met all Qb/ Zoning requirements. Hark Noble signed off on the first two permils and I approved the permit for 3220 Dodge Street on November 13, 2000, alter I received a letter of approval from the [owa Department of Transportation. On November 20, 2000, ! faxed an unsigned copy of the permit application at the request of Curt PlcLaughlin of Bressler AdvertL~. Mr. McLaughlin stated that he the sign could be. At no time did ! indicate this was an approval of the building permit, and the application at that time was unsigned. ! believe most of what Bressler outlines did not receive the consbuction drawings and therefore did not issue the permit. Bressleds letter has been submitted and will be on the next Ob/Coundl agenda, and ! ~ thought may want this background information. !f you have are questions regarding this, please talk to me. GH/mkr ~en[ oy: ~,~=uL~ Uu~uuu~ AUV~HI~S£NQ LLC407 822 1045; 02/13/01 13:48; ]~a[l~L#538;Page 2/4 February 13, 2001 ' o ~A~FAC$1MILE TRANSMISSION HARD COPY TO FOLLOw.By U.S. Building Services Department Attn: Jeanne SChneider City of Dubuque 50 West 13~''' Street Dubuque, Iowa 52001 RE: Item for Agenda of City Council Meeting Regarding Bressler Outdoor Advertising's Building Permit Dear Ms. Schneider: Pursuant to our Conversation, I hereby request that the following matter be placed upon the agenda of City Council's next meeting, which I understand will be held on February 19, 2001, Please inform me if the date is othervAse. I am at~aching a Request for Hearing which sets forth exactly what Bressler Outdoor would like to address at the Council meet/rig. Please let me know ifyou need any additional infon~ation other than what is addressed in the attached request. Thank you for your attention to this malter. Please confirm with me that the matter will be on lhe agenda. Sine?ely, ~ /~ Jenni£er Sloane, Esq. General Counsel BressIer Outdoor Advertising, LLC Enclosure BRI.s.'iLER OIVI'I)OOR At)VEllTI~IN(;. I..I..C. 170 W. FAIRBANKS AVl?., S[H'I'E 102 . WINTER PARK, FL 52789 (407) 622 1(141} ,, (.SUO) fiT( -3232.- FAX~ (-i(.sg) 622-104-5 ~en~ Dy: UN~ULkN OulL~u~'~ AUVbHI£~Ne LLC40£ ~22 1045; 02/13/01 13:46; ]P.,~afL_#538;Page 3/4 REQUEST FOR HEARING BRESSLER OUTDOOR ADVERTISING, LLC. BreSsler Outdoor Advertising, LLC. ("Bressler") requests that the City Council address the issue ofwhethe'r .Bressler's vested right to the issuance ora permit to construct a sign structure at 3220 Dodge Sll~et, accrued prior to the effective date of the 90 day moratorium on the is-suance of any such permits (Ordinance No. 4~1 ). - Bressler Outdoor filed thr~ applications with the City of Dubuque for tho issuance of pm-mits to conswact three separate sign structures located at 2685 Dodge Street, 4430 Dodge S~reet and 3220 Dodge Street. Alt three applications w~re filed with the City on May 24, 2000, almost 9 months ago. Br~sler flied with each application a site plan, two copies oreagineered structural drawings, and the required application fee. Prior to the issuance ora permit, the City requires that an applicant obtain approval from glo State of Iowa Depariment of Transportation ("IDOT") for a state permit to construct the sign structure. Brcsslcr oblained the necessary state permits for the sign structures located at 2685 Dedgc gtre~n and 4430 Dodge 8~et on July 28;2000. Both of th~s~ state approvals were immediately forwarded to the City of Dubuque and, in response, the City issued to Bressler two permits, one for the Construction of a sign structure at 2688 Dodg~ Street (permit number 42071 ) and the other for the constr-ction of a sign structure at 4430 Dodge Street (permit number 42072). These City permits were issued on July 31, 2000, just 2 days after the City received a copy of the state approvals, by way of fixing a copy of the permit to Br~sslcr. The permits issued by.the City were merely a copy of the initial permit application with a permit number now written onto the application. The sign structure at 2685 Dodge Slreet was constructed on November 13, 2000 and the sign structure at 4430 Dodge Sa'eot was constructed on Novemher 10, 2000. Not once did Bressler receive any objection from the City that these sign structures oould not be built. Bressler did not immediately receive approval from thc IDOT for a state permit to construct the s/gn at 3220 Dodge Street. After addressing the issues raised by thc State, 1DOT issued to Bresslor a permit for the construction ora sign at 3220 Dodge Sleet. This approval was received by Brcssler on November 13, 2000. Thc state approval was immed/ately seat to the City of Dubuque and, just like ~e two previous applications, the City ~esponded by faring back to Bressler a copy of it's permit application. This response by the City occurred on Novembex 20, 2000. Br~slcr understood this to b~ its p~,mit to construct the sign at 3220 Dodge Street, ins! like what was done with the previous two sign structures. Unl~knownst to Br~ssicr, there was no pm'mit number written on the application. h . · . . Thus, it was Bressler's understanding that it ad it s permit to construct the s~gn structure at 3220 Dodge Street as of Novemher 20, 2000. Bresslor began construction of the sign at 3220 Dodge Street on January 26, 2001. The column was sot in thc ground on February 1, 2001. Mr. Jerr~ StotTel, the Building Inspector, camo out to the site on February 6, 2001, when all Bres.sler had Ici to do was put the sign faces on the structure, and issued a stop work order. The bas~s of thc stop work order was that no 02/.13/01 13:46; .,/~,~..aX,._#5~;Page 4/4 building permit had ever been issued for this location. M~-. Stoffel indicated that the reason no building permit was ~ver issued was because he never saw any engineered drawings for this sign structure. Bressler takes the position that the drawings w~re submitted when the original applications were submitted to the CiO, in May of 2000 m-~d that the City must have lost the prints. Another se~ of the engineered drawings were sent to Mr. Stoff¢l on February 12, 2001, af~- Bre~sler learned of thc Stop Work Order. Ho~'ever,-Mr. Stoffel asserted that he no longer has the authority to issue a building permit to Brcssler for this site duo to the 90 day moratorium. Bressler was advised ~bat its only means of recourse was to r~lueSt a determination from City Council that Bresslcr's vested rights to a building permit accrued prior to the adoption of thc moratorium on January 15.2001, Breaslcr believes that its vested rights accrued on November 20. 2000. when the City sent its permit application back to Bressl~r in response to proof of state approval for a state permit, It was this action by the City which prompted Bressler to act in reliance upon the perceived pea'mit. Since lhis time, Bressler bas expended a substantial amount ormon~ in the furtherance otits structure. The structure is almost finished; thc pole is in th~ ground and thc advertising face has been assembled and merely needs installation. Since coastruction began, l~rcssler only received approvals from the City. At no time did anyone from the City ever con,act Bressler to say that the City did not have engined drawings and need~l them to issue the permit. I~ressler believes that this is merely a clerical error, that thc permit was intemdcd to be issued back in November of 2000, and that at ~me point in time after the City thought they issued the permit the engineered drawings previously submitted for this structure were lost. Bres$1er hereby requests that the City find that Breaslcr's vested rights to the issuance of a building permit to construct a sign slruclure at 3220 Dodge Street accrued prior to the effective date of the 90 day moratorium on the issuance of permit~ for sign structures. Bressicr further req.u~ts that thc City direct its Building lusp~tor to issue the building permit to Bresslex upon a revzew and determination that the re-submitw, d structural drawings indicate compliance with the City's buiIding code. CITY OF DUBUQUE, IOWA BUILDING PERMIT APPLICATION ('~'~licant to complete numbered spaces only. ~oaEsd .~ TE~.OaE ' ' Valuation of work: Co~tmotion $ C SPECIAL CONDITIONS: ZON~G ~HEN PROPERLY VAUDATED (IN THIS SPACE) THIS IS YOUR PERMIT C resslcr. ~ 0 U T D 0 0 R February 13, 2001 VIA FACSIMILE TRANSMISSION HARD COPY TO FOLLOW BY U.S. MAI1, Building Services Deparmaent Atto: 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 Dear Ms. Schneider: Pursuant to our conversation, I hereby request that the following matter be placed upon the agenda of City Council's next meeting, which I understand will be held on February 19, 2001. Please inform me if the date is otherwise. I am attaching a Request for Hearing which sets forth exactly what Bressler Outdoor would like to address at the Council meeting. 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. Please confirm with me that the matter will be on the agenda. Sincerely, ~ f'~ Jennifer Sloane, Esq. General Counsel Bressler Outdoor Advertising, LLC Enclosure RESS[' R OUTr, OOR Ar'VERTXSINO, .r._c_.Al2OSS(n,q 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 address the issue of whether Bressler's vested right to the issuance of a permit to construct a sign structure at 3220 Dodge Street, accrued prior to the effective date of the 90 day moratorium on the issuance of any such permits (Ordinance No. 4-01). Bressler Outdoor flied three applications with the City of Dubuque for the issuance of permits to construct three separate sign structures located at 2685 Dodge Street, 4430 Dodge Street and 3220 Dodge Street. All three applications were filed with the City on May 24, 2000, almost 9 months ago. Bressler filed with each application a site plan, two copies of engineered structural dra~vings, and the required application fee. Prior to the issuance of a permit, the City requires that an applicant obtain approval from the State of Iowa Department of Transportation ("IDOT") for a state permit to construct the sign structure. Bressler obtained the necessary state permits for the sign structures located at 2685 Dodge Street and 4430 Dodge Street on July 28, 2000. Both of these state approvals were immediately forwarded to the City of Dubuque and, in response, the City issued to Bressler two permits, one for the construction ora sign structure at 2685 Dodge Street (permit number 42071) and the other for the construction of a sign structure at 4430 Dodge Street (permit number 42072). These City permits were issued on July 31, 2000, just 2 days after the City received a copy of the state approvals, by way of faxing a copy of the permit to Bressler. The permits issued by the City were merely a copy of the initial permit application with a permit number now written onto the application. The sign structure at 2685 Dodge Street was constructed on November 13, 2000 and the sign structure at 4430 Dodge Street was constructed on November 10, 2000. Not once did Bressler receive any objection from the City that these sign structures could not be built. Bressler did not immediately receive approval from the IDOT for a state permit to construct the sign at 3220 Dodge Street. After addressing the issues raised by the State, IDOT issued to Bressler a permit for the construction ora sign at 3220 Dodge Street. This approval was received by Bressler on November 13, 2000. The state approval was immediately sent to the City of Dubuque and, just like the two previous applications, the City responded by faxing back to Bressler a copy of it's permit application. This response by the City occurred on November 20, 2000. Bressler understood this to be its permit to construct the sign at 3220 Dodge Street, jnst like what was done with the previous two sign structures. Unbeknownst to Bressler, there was no permit number written on the application. Thus, it was Bressler's understanding that it had it's permit to construct the sign structure at 3220 Dodge Street as of November 20, 2000. Bressler began construction of the sign at 3220 Dodge Street on January 26, 2001. The column was set in the ground on February 1, 2001. Mr. Jerry Stoffel, the Building Inspector, came out to the site on February 6, 2001, when all Bressler had left to do was put the sign faces on the structure, and issued a stop work order. The basis of the stop work order was that no building permit had ever been issued for this location. Mr. Stoffel indicated that the reason no building permit was ever issued was because he never saw any engineered drawings for this sign structure. Bressler takes the position that the drawings were submitted when the original applications were submitted to the City, in May of 2000 and that the City must have lost the prints. Another set of the engineered drawings were sent to Mr. Stoffel on February 12, 2001, after Bressler learned of the Stop Work Order. However, Mr. Stoffel asserted that he no longer has the authority to issue a building permit to Bressler for this site due to the 90 day moratorium. Bressler was advised that its only means of recourse was to request a determination fi.om City Council that Bressler's vested rights to a building permit accrued prior to the adoption of the moratorium on January 15, 2001. Bressler believes that its vested rights accrued on November 20, 2000, when the City sent its permit application back to Bressler in response to proof of state approval for a state permit. It was this action by the City which prompted Bressler to act in reliance upon the perceived permit. Since this time, Bressler has expended a substantial amount of money in the furtherance of its structure. The structure is almost finished; the pole is in the ground and the advertising face has been assembled and merely needs installation. Since construction began, Bressler only received approvals from the City. At no time did anyone from the City ever contact Bressler to say that the City did not have engineered drawings and needed them to issue the permit. Bressler believes that this is merely a clerical error, that the permit was intended to be issued back in November of 2000, and that at some point in time after the City thought they issued the permit the engineered drawings previously submitted for this structure were lost. Bressler hereby requests that the City find that Bressler's vested rights to the issuance of a building permit to construct a sign structure at 3220 Dodge Street accrued prior to the effective date of the 90 day moratorium on the issuance of permits for sign structures. Bressler fitrther requests that the City direct its Building Inspector to issue the building permit to Bressler upon a review and determination that the re-submitted structural drawings indicate compliance with the City's building code. 2