Findings - CC - 2001 - AA-01-01 - Business Sign Not In Compliance
BEFORE THE CITY COUNCIL FOR THE CITY OF EAGLE
Appeal of written Notice of Non-
complying Signs by Mr. George Wade
and Mr. Louis Pejovich
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AA-1-01
The City Council (the "Council") for the City of Eagle (the "City"), having heard
public testimony on the above-captioned matter, and having considered the relevant
ordinances of the Eagle City Code, issues the following order:
FACTUAL BACKGROUND
Mr. George Wade and Mr. Louis Pejovich own real property located at 1396 East
State Street in Eagle, Idaho. Mr. Wade and Mr. Pejovich have operated a restaurant on
the premises for all times relevant to this appeal. There is a pole sign in front located on
the property, which is not in compliance with the Eagle City Code.
In 1999, Mr. Wade and Mr. Pejovich changed their sign from "Eagle's Nest
Restaurant" to "Eagle GrilL" This change was not in compliance with the signage
provisions of the Eagle City Code. The City staff provided Mr. Wade and Mr. Pejovich
with written notification that the sign was not in compliance. After receiving this
notification, Mr. Wade and Mr. Pejovich submitted a design review application to the
City requesting approval of the sign.
On April 8, 1999, the Design Review Board issued a decision denying the
application on the grounds that the sign did not comply in all respects with Eagle City
Code S 8-2A-8. Mr. Wade and Mr. Pejovich appealed this decision to the Council. On
ORDER ON APPEAL - 1
October 12, 1999, the Council upheld the decision of the Design Review Board and
denied Mr. Wade and Mr. Pejovich's application with the following condition:
If a new design review application, showing a proposed monument sign in
full compliance with Eagle City Code, is not provided to the City by
January 1, 2000, the applicant should be issued a citation for the sign
having been changed in violation of Eagle City Code.
As of January 1,2000, Mr. Wade and Mr. Pejovich had not submitted a new
design review application requesting monument sign approval as required by the
Council's decision. To date, the City has not issue a citation for the illegal sign.
In January 2001, Mr. Wade and Mr. Pejovich again changed the face of their non-
conforming pole sign. The face of the sign was changed from "Eagle Grill" to "Busters
Bar & GrilL" On January 9, 2001, the City staff issued a "Notice of Non-complying
Sign" to Mr. Wade and Mr. Pejovich. The Notice instructed that in order for the sign to
be in compliance with the Eagle City Code, Mr. Wade and Mr. Pejovich must remove the
face of the sign an submit an application for sign approval in compliance with the Eagle
City Code. Mr. Wade and Mr. Pejovich were also put on notice that if the sign was not
brought into compliance within seven (7) days, the City may issue a criminal
misdemeanor citation for the non-complying sign.
In a letter dated January 29, 2001, Mr. Wade and Mr. Pejovich informed the City
of their intent to appeal the Notice of Non-compliance. On March 13,2001, the Council
considered the appeal.
ANAL YSIS
The following sections of the Eagle City Code are relevant to this appeal:
Section 8-2A-8(B). FACE OR SURFACE OF SIGN: The surface of the
sign upon, against or through which the message is displayed or
illustrated.
ORDER ON APPEAL - 2
Section 8-2A-8(H). Nonconforming Signs: All signs in the entire Design
Review Overlay District on the effective date hereof shall conform to this
Chapter upon any structural change to the sign, sign base, or building to
which it is attached, or upon any change in the face of the sign for the
business to which such sign pertains, but no later than January 1,2007,
except as provided for within subsection M13 of this Section (emphasis
added).
Section 8-7-4-3. Supplementary Conditions and Safeguards: Under no
circumstances shall the Council grant an appeal or variance to allow a use
not permissible under the terms of this Title in the district involved, or any
use expressly or by implication prohibited by the terms of this Title in said
district. In granting any appeal or variance, the Council may prescribe
appropriate conditions and safeguards in conformity with this Title.
Violation of such conditions and safeguards, when made a part of the
terms under which the appeal or variance is granted, shall be deemed a
violation of this Title.
Under Section 8-2A-8(H), a sign must be in conformance upon any change in the
face of the sign for the business to which the sign pertains. In this case, Mr. Wade and
Mr. Pejovich have changed the face of their sign twice since early 1999, and at neither
instance was the new sign in compliance with the provisions of the Eagle City Code. The
sign remains in non-compliance with the Eagle City Code.
Mr. Wade and Mr. Pejovich argued that the changes to the sign are not changes in
the face of the sign. Rather, they contend that the plexiglass is the same and the new
lettering is merely a decal on the original face of the sign. While Mr. Wade and Mr.
Pejovich are correct that there have been no structural changes to the sign, the Code also
requires compliance upon changes to the face of the sign.
The face of the sign has clearly changed. Over the past few years, the face of the
sign has changed from "Eagle's Nest Restaurant" to "Eagle Grill" to "Busters Bar &
GrilL" Each time the face of the sign is changed, the sign must be in compliance with the
relevant provisions of the Eagle City Code.
ORDER ON APPEAL - 3
Even if the Council wanted to grant the appeal, it is constrained by Section 8-7-4-
3. That section provides that "under no circumstances shall the Council grant an appeal
or variance to allow a use not permissible under the terms of this Title in the district
involved, or any use expressly or by implication prohibited by the terms of this Title in
said district." The sign, as it currently exists, is not permissible under the terms of the
Eagle City Code.
DECISION
The Council finds that the change in the sign from "Eagle Grill" to "Busters Bar
& Grill" constitutes a change in the face of the sign, as contemplated by Eagle City Code
Section 8-2A-8(H). Section 8-7-4-3 prohibits the Council from granting an appeal to
allow a use not permissible under the terms of the Code.
Therefore, it is the decision of the Council that the "Busters Bar & Grill" is not in
compliance with the Eagle City Code and must be replaced with a sign that complies in
all respects with Eagle City Code Section 8-2A-8. If appellants fail to comply with this
Order, the City reserves the right to exercise any and all civil and criminal sanctions. A
copy of this order shall be sent by the City Clerk to Appellants through their attorney
James G. Reid.
IT IS SO ORDERED BY VOTE OF THE CITY COUNCIL THIS q f-/, DAY
ATTEST:
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Sharon K. Moore
City Clerk
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OF OCTOBER, 2001.
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ORDER ON APPEAL - 4
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