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HomeMy WebLinkAboutResolution - 2018-R0259 - Billboard Variance - Lamar Advertising - 08/09/2018Resolution No. 2018-R0259 Item No. 7.23 August 9, 2018 RESOLUTION WHEREAS, the City Council of the City of Lubbock in order to saleguard the health, comfort, and general welfare of the public, passed Ordinance No. 2018-00048 on April 16, 2018 establishing a one hundred eight day (180) moratorium on permits for billboard construction or modification in order that the city might establish a more suitable regulatory scheme for billboards; WHERAS, as part of Ordinance No. 2018-00048, a variance request may be made by an entity in order to appeal to the City Council for relief from hardship caused by the moratorium; WHEREAS, Lamar Advertising of Wolfforth, Texas (Lamar) is appealing to the Lubbock City Council for a variance to the one hundred eighty day moratorium (180) on billboards; WHEREAS, the Texas Department of Transportation (TXDOT), in preparation for the building of Loop 88, is requesting Lamar move billboards along the proposed route due to a change in the State's right-of-way to make way for the new highway; WHEREAS, the location of the billboards, both current and as moved in the future upon grant of a variance, depicted in Exhibit "A" attached hereto, are located near the intersections of 138th Street and US Highway 87, Lubbock County, Texas; and WHEREAS, the City Council has heard from and reviewed the supporting documents from Lamar representatives demonstrating that Lamar meets the criteria for a variance provided for in the moratorium ordinance; WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to grant said variance; and WHEREAS, the City Council directs the planning staff to coordinate with Lamar in order to initiate the permitting process for this request, subject to all applicable City of Lubbock regulations and procedures, as granted by this variance to the billboard moratorium. NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the City Council of the City of Lubbock finds that Lamar has demonstrated the following: I. 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; That 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 regulations; and 4. The hardship is based on circumstances which are unique to the property for which the variance is sought, and not circumstances common to other properties; and THAT, pursuant to Ordinance No. 2018-00048, the City Council of the City of Lubbock hereby grants Lamar a variance to the billboard moratorium in order to relocate the billboards attached herein on Exhibit "A" to comply with TXDOT requirements. Passed by the City Council on August 9, 2018 DANIEL M. POPE, MAYOR ATTEST: )?<� Q� Rebe ca Garza, City Secr y APPROVED AS TO CONTENT: AJ Kvvver,Director of Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ecdocs/LamarVariance 138thand87 07.11.18