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AI- 7945   9. 5.    
Regular City Council Meeting
Meeting Date: 02/12/2019  

Information
Agenda Item
Resolution - Planning: Consider a resolution approving and granting a variance from the applicable 180-day moratorium provisions of City of Lubbock Ordinance 2018-O0115, for a billboard permit application for Lamar Advertising, authorizing the relocation of an existing billboard at 1628 50th Street to allow for proposed re-development of the property.
Item Summary
Effective April 16, 2018, Ordinance 2018-O0048 adopted a 180-day moratorium and prohibition on accepting, processing, or acting upon certain applications for any permits for the construction or modification of any "Billboard" as defined by Section 40.01.003(23) of the City of Lubbock Code of Ordinances. As part of the ordinance, appeals for relief due to a hardship caused by the moratorium may be considered by the City Council and a variance to the provisions of the moratorium may be granted. Effective September 27, 2018, Ordinance 2018-O0115 extended the moratorium by an additional 180 days.

This request for a variance is from Lamar Advertising for the property located at 1628 50th Street. Lamar Advertising has recently been informed by the owner of the property, Mr. Wilkerson, of the owner's plans to re-develop the property in a manner that will require the existing billboard structure to be relocated approximately 40 feet to the east on the same property.

The City Council has wide discretion in considering whether to grant a variance. A variance may be granted provided the request is in accordance with the following criteria:
1) The granting of the variance will not be detrimental to the public safety, health, or welfare, be injurious to surrounding property, or violate the intent and purpose of the regulation;
2) The granting of the variance is not based on a hardship which is self-imposed;
3) The hardship is not based solely on the cost of complying with the regulation; and
4) The hardship is based on circumstances which are unique to the property for which the variance is sought, and not on circumstances common to other properties.
Fiscal Impact
None
Staff/Board Recommending
Jesica McEachern, Assistant City Manager

Attachments
Resolution- 1628 50th Street
Applicant Letter
1628 50th Street- Aerial

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