Board Denies Variance Requests

The Canton Board of Adjustments denied two variance requests for signs, and denied a request for the construction of a carport during their called meeting last Thursday.

The first request came from Henry Lewis for a variance to the Ordinance 97-03 regulating the construction and use of signs within the city limits and ETJ of Canton in order to take down and reconstruct a sign at 355 East Dallas Street in Canton.

It was explained that there is a donut shop going into that location and because they are going to have a drive-thru, the sign may need to be moved.

"What I am concerned with is that our ordinance clearly states that when that sign comes down, it can not be put back," board member Alvin Jamieson said. "…Wouldn’t we have to re-write the ordinance?"

"If it is grandfathered, what happens if they move it?" board member Bob Moore asked.

"They are legal nonconforming, which means they are legal right now but they don’t conform to the current ordinance," Code Enforcement Officer Coy Prather explained.

"This is one of those decisions this board would have to make is that he is basically wanting to have the same signs that are there…it is not going to be the existing sign with the façade changed on the sign. It is going to be a whole new sign. New poles and everything," Prather said.

Moore said he felt the board should go along with the Zoning Commission’s decision on signs and deny the request.

"I respect our Zoning Commission and the time they donated to put into an ordinance and the city council passed it, I think we need to go along with it," Moore said.

Board member Dan McLemore made the motion to pass the ordinance which was seconded by Moore. Board member Dr. Tina Ingram abstained stating that a refurbished sign would help with the beautification process of the city.

The board then moved on to another request from Henry Lewis for a variance to the Ordinance 97-03 regulating the construction and use of signs within the city limits and ETJ of Canton in order to take down and reconstruct a sign at 1850 N. Trade Days Blvd. in Canton.

Assistant city secretary Debra Johnson said that six notices were sent out to adjoining property owners about the zoning change request, and no responses were received.

It was explained that this particular sign is just going to be moved out of a driveway.

"We have got a zoning group that says such and such, the zoning people can set precedence," Moore said. "Please get the city council to review their ordinances on signs because they are like Chinese fire drills."

"I think the city council owes it to get that information in shape and stop bringing it to us," Moore added.

The request for a variance was also denied.

In other business the board:

-approved a request from Canton ISD for a variance to the 1985 zoning ordinance to construct a commercial communications antenna and support structure at 1115 South Buffalo in Canton.

Noah Taylor with the Canton ISD said the district currently gets their Internet access through Region 10 Service Center.

Because the districts needs are saturated, Region 10 has designed a wireless consortium for 28 districts within their scope for a wireless broadband. This is strictly overseen by the FCC, Taylor explained.

"There’s not by any means interference with television or Internet. This is a license bandwidth," he said.

There should be no TV, internet or microwave interference he said.

Prather said the city spoke with an attorney about the matter.

"The city can not prohibit them from putting up the dish for transmission, by law," Prather said. "…All we can look at is the pole."

He also noted that he must maintain a minimal distance from the pole to his equipment.

All members voted in favor of the ordinance accept Dr. Tina Ingram who voted to abstain.

-denied a request from Peggy Holloway for a variance to the 1985 zoning ordinance to construct a car canopy at 616 Sides Circle in Canton.

Letters were sent out for the variance change with two in favor and four against.

James Pruitt, a homeowner at Sides Circle said he wanted to add three-foot on the roof, but the board wouldn’t allow it.

He said by adding on to a house, it devaluates the property and those around it.

"Quite a few places down there have taken their garages in and now they don’t have a place to park their car," Pruitt said. "This to me is no excuse for building a house out to the street."

"This is not going to be a prefab anything. It is going to be a constructed carport," Holloway said.

Following more discussion, the board read out loud some of the letters sent in opposition of her request, and then denied the request.

-approved minutes from the March 19 meeting.