[whitespace]

The Willow Glen Resident

Council Watch

Pole sign that has survived since 1930s gets the ax

Planners say the remodel nullifies 'grandfather' clause

By Cecily Barnes

To the dismay of certain Willow Glen retailers, the 20-foot pole-sign planted in front of the newly remodeled, stucco center on the corner of Willow Street and Meridian Avenue will soon meet its demise.

The Planning Commission voted on Jan. 27 that the sign must go, even though the just-constructed San Jose Real Estate Board was allowed to erect a similar sign, and other businesses have been permitted to erect displays of similar sizes.

According to senior planner Carol Hamilton, the city of San Jose's new sign policy mandates that signs cannot be more than 5 feet tall or 23-square-feet wide. Any exceptions to this rule that have been allowed, she said, resulted from unintended mistakes that should not be repeated.

"The San Jose Real Estate Board, staff overlooked [the ordinance]," Hamilton said. "Our general procedure is to remove those signs. We don't want to make the same mistake again."

Two planning commissioners, Gloria Chun Hoo and Sharon Godbolt, sided with the applicant, arguing that since the sign has existed since the 1930s, it should be permitted to remain under the legal non-conforming, "grandfather" clause. However, the majority of commissioners believed that the new construction already provides the center with sufficient exposure, and that a shorter and smaller sign will do just fine.

"I think a monument sign [which meets city standards] could achieve the same objective," said commissioner Forrest Williams.

Despite this conciliatory offering, property owner Chuck Stegner was not satisfied with the Planning Commission's reasons. He argued that other businesses are permitted to keep their signs, and nobody in surrounding neighborhoods has complained about his.

"There has been no opposition from the neighborhood," Stegner argued. "Nobody has been saying that we don't want that sign."

Planner Hamilton explained that when property owners reconstruct and remodel, they are required to conform to the city's latest regulations. In this case, the pole-sign could have retained its legal non-conforming use permit as long as the complex's building remained the same. Once it was reconfigured, however, the sign post needed to go.

Tenant Roger Kaufman, owner of Papa John's Pizza, pleaded with the commission that the sign was part of the reason he moved in, and crucial to the success of his business.

"When we took the spot there, the sign was in the lease," he said. "In our business, visibility and letting people know who we are is very important. It's vital to our business that we can be seen from Meridian."

Most planning commissioners however, were unconvinced that the businesses would fail without the 20-foot sign.

"I'm sensitive to the problems retail owners have in business but I feel it's very important to be consistent with new planning guidelines," said commissioner Bill Ress. "I think the applicant could get a new sign for his tenants."

After the decision was rendered, Kaufman grumbled in the hallway that if his center had to give up its sign, the San Jose Real Estate Board should also have to.


[ Back to Contents Page | Willow Glen Resident Home Page | Archives ]

This article appeared in the Willow Glen Resident, February 3, 1999.
©1999 Metro Publishing, Inc. All rights reserved.