Board of Adjustment - Regular Meeting

tell you. Yeah. Hey, got to have fun. We only have four, so you have to take I can go home. No, you can't. We don't have a board. Easy, partner. Right. You represent a quorum. Everybody ready? Yes, sir. Okay. The board of adjustment meeting for the city of Overland, Missouri to be held February 11th, 2026 will now be called to order. Roll call. Dan Kipper here. Tim Jones absent. Jay Fetch here. Jeff Okonnell is here. John Seal here. Legal counsel Joseph Bond here. Community development Katie Sanders here. Community development Diane Robinson

here. Okay. Has the board reviewed the minutes of the meeting held on Wednesday, January 14th, 2026? And if so, does anyone have questions or changes to be made to the minutes? I will now entertain a motion to approve the minutes of January 14th, 2026. I'll make that motion. Board of adjustment hearing. Do I have an motion to approve? Motion to approve. J, I'll second it. Okay, John. Pull the vote. Seal yes. Okonnell yes. Kipper, yes. Fetch, yes.

Thank you. All parties present wishing to participate in any discussion of the applications for variance or appeals submitted to the board, would you please step forward to be sworn in? Once you've been sworn in, you may take your seat. Raise your right hand. Do you solemnly swear or affirm that the testimony you will give at this hearing will be the truth, the whole truth, and nothing but the truth? Yes, sir. Right there. Thank you.

Thank you, Katie. Period of validity and required votes. As per section 400.935, period of validity, unless, as otherwise specified by the board of adjustment in their approval of an application, no variance granted by the board of adjustment shall be valid for a period longer than 180 days from the date upon which the variance is granted. Unless within such period, one a building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently towards completion. Or two, a certificate of occupancy is obtained and a use or occupancy commence. The board of adjustment may grant extensions not exceeding 180 days each upon written application without notice or hearing. As per section 400.940 approvals required vote, a concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which is required to pass under the article or to affect any variation in the chapter. First agenda item 9720 page with the applicant for the record. Please step forward to the podium and state your name and address.

My name is Robert Bergner. I'm with Zigglland Signs. We're at 540 Boss Drive, Washington, Missouri 63090. Thank you, chairman. Also, he has the property owner via cell phone as well if you want to have him state his name just in case he needs to comment or add anything in. Yes. Okay. Hold on. They're going to have to swear you in. Hold on. Okay. Okay. Do you solemnly swear or affirm that the testimony you will give at this hearing will be the truth, the whole truth, and nothing but the truth? I do. Thank you.

Does the applicant for the record have any items you would like to be entered as exhibits of evidence besides what you've turned in?

No. Okay. Reading of exhibits by title only. Exhibit A1, agenda. Exhibit A2, notice of public hearing. Exhibit A3, staff report. Exhibit A4, application PZ26-00001. Exhibit A5, application PZ26-00002. Exhibit A6, exe application PZ26-0000003. Exhibit A7, denied sign application PS26-00004 and revised denied application. Exhibit A8, denied sign application PS26-00007 and revised denied application. Exhibit A9 denied sign application PS26-00005 and revised denied application. Exhibit A10 copy of ordinances exhibit A11 plan. Exhibit A12 GIS map. Are there any questions regarding the exhibits presented? If no questions and exhibits A1 through A12 are received into evidence as presented hearing progression order community development present the city's case.

Thank you chairman. As you know there are three separate variance applications related to attached wall signs being presented this evening. As indicated in the staff report the three signs violate section 400.840.8.2 two commercial signage attached signs. The first application is for a 49 ft channel letter sign on the east elevation of the building and an 11 square f foot logo sign on the east elevation of the building. Both signs violate as the east elevation does not have street frontage. Additionally, the applicant is proposing to install two attached wall signs to the east elevation which violates the number of attached signs per building face. The third application is to allow an 11 square foot logo sign on the north front elevation of the building. The proposed sign violates the number of attached wall signs allowed per building face. Please note staff has approved the following signs for this location. There's a channel letter sign approved 49 square feet on the west elevation street frontage on Deman Road. Channel letter sign 49 square foot on the north elevation street frontage on Page Avenue. and a directional sign which is two square feet that says enter and I believe thank you on the back side at the east entrance. Additionally, the applicant is seeking approval of a conditional use permit for a commercial electronic message board sign to be installed on the existing 50 foot pole sign. This application is scheduled to be presented to the planning and zoning commission for Tuesday, February 24th, 2026. The sign itself, the square footage of the pool sign meets the code, but commercial electronic message boards are required to get conditional use permit approval.

Okay. Thank you. Yes, sir. Okay. Additional comments from city attorney.

Yeah. So this is kind of a slightly unique building in the sense that when you come toward uh what is it the eastern side that we're considering for the variance that there's not other buildings because usually we don't want signage to like conflict with buildings so they're facing each other because then they would rush to get up on top of each other essentially. But in this instance, there's not really anything on that eastern approach um that would normally be a rationale for why we would block signage. I mean, there's still development there, but

the lots are are fairly large. There is there is a a cutthrough, if you will. It's part of the other parcel. It's looks like a street, but it's not one of our streets. It's not technically a street. It's part of the parcel of another, you know, it's part of the other parcels. So, is there is it that goes to the back, right? Correct. Is there signage there for the back? Uh, there's nothing located up front or the buildings at the back. I I think BJ Peerless was the one on the left and I don't know what the one is. It's now the storage facility. That's what it is behind that.

Okay. Okay. Applicant, present your case and hardship. the uh make sure you use the microphone, please. Joey, do you want to present or do you want me to please present for? Okay. For us. All right. Uh which elevation would you like to start on? East. Okay. The east elevation with what we were looking to do with the the road that's there is like she says not a road, but it doesn't get maintained, right?

But we're looking the you've got the road and then you've got a big empty lot and then AutoZone. So, we're trying to get some visibility from that uh uh traffic coming from the east. And with it not having a street name is the reason we're not get not able to get the wall sign because it's not a street name. Okay. And that's just the wall sign on the east side. Well, that's the the channel letters. And then we've got they if I've got I don't know you said you've been by the building. You see the tower they've got? Yes. Okay. So, they built that tower pretty much specifically for their logos.

So, that's what we're putting up there. is just little 4x3 uh 4x 33 inch logos. So, one on the one on the north, one on the east. Now, that's their entryway. So, they're going to have those over the entryway. And I mean, if we had put them on the letter sets like what we've done in other places, it would have fallen in as one sign. So, going for the second sign is just because they built that tower to, you know, for the entrance and just put their logo on the tower. Okay. This is the old shownies. Yes. Yes. How's been there forever? Well, they've changed they've changed the but they reconstructed. Yeah.

Yeah. And you're kind of coming up that hill. So, it's not like you could see stuff from a long way away. You kind of got to that top of that hill before you can really see what's going on there. Yep. Know it well. Okay. There's a picture. This is the on the particular towers. That's like the Yep. And for clarification, I think those are the pictures that have already been submitted to us, right? As if they're new.

The drawings. So, this is part of the drawing. But what I did here, the big the difference is in what I did was it just has this is what it looks like when they uh when they purchase the property and this is what they've done and they're putting a considerable amount of money in it. Well, sure. You know, that's what we're just trying to show that tower they built that up. Did you want that entered as evidence? If we could. Yeah. Sorry. No, no, no. It's all good. When it comes around, Katie, can you grab that?

I'll then if that's the case, I've got one for the west elevation. We're not in or I've got a picture of that. And then here's a picture of the east elevation before and after. And then uh here is the front elevation before and after. Here you go.

Yep. And I can email the originals if you need them for any reason. Can I ask you a quick question? This this building is this the building that you use other places? I mean, are you just made it because it was a shown look like this? This is not your standard building. No, sir. They they vary. Uh, it's just his logo you want to have on the sides of every building. Yeah. Yeah, that's that is correct. Thanks. Any other comments or questions from the board? All I would say is is that exhibit eight, Katie or is it seven? I think we would add this as exhibit 13 or I'm sorry, are you talking about the extras? Yeah, it be 13. Exhibit 13. Okay. And that would be all of them together. Yes, sir. Okay,

perfect. Thank you. comments from the audience. I will now entertain a motion to approve a variance from section 400.840.8.2 commercial signage to allow a 49 square foot sign on the east elevation of the building as presented with the app within the applicant's plan. and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I make that motion. I'll second it. Dan, John. Okay.

I got I got I grabbed another one. Before you pull the vote, too. I I did speak with Mr. uh Robert, sorry. before the meeting started and explained that we only have four members here this evening and for enable for the in order for the variance to actually be approved you need all four um members to vote yes. If one person votes no then it would be denied. So he understands they agree to go forward. Yes, sir. Okay. Thank you Katie. All right. Pull the vote. Okonnell is a yes. Kipper yes. Fetch. Yes. And seal. Yes.

I will now entertain a motion to approve a variance from section 400.840.8.2 commercial signage to allow a 11 square ft logo sign on the front north elevation of the building as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. I'll make that motion. J. Motion to approve and a second. I'll second it. All right. Kipper, uh, yes. Sorry. Fetch. Yes. Seal. Yes.

And Okonnell is a yes. I will now entertain a motion to approve a variance from section 400.840.8.2 two commercial signage to allow a 11 square foot logo sign on the east elevation of the building as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'll make that motion. Second. Fetch. Yes. Seal. Yes. Okonnell's a yes. And Kipper, yes. Okay. Your applications have been approved. Thank you, gentlemen.

Thank you. Good luck. You too. Thank you.

Electronics. Thank you, Robert. You can get one with electronics in it because we still got to pass. That's it. Oh, that's not even. Okay. When can he get it? When we tell them. I know, but you might want to tell them. Once we get the paperwork processed, we we have to get the variance processed. We get it attached to just, you know, get everything processed on our end. We'll contact you and let you know it's ready for pickup. Of course. Have a good night. I need a motion to adjurnn. Motion to adjurnn. Okay. All in favor? I opposed. Eyes have it. We are adjourned. What do you want to do?