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Chagrin zoning board says 'art' is not art
(by Sali McSherry - September 03, 2008)
Chagrin zoning board says 'art' is not art
By SALI McSHERRY
The Valley Art Center could appeal to Chagrin Falls Village Council for variances on a proposed mural with the word "art" on two exterior walls of its newly renovated building on Bell Street.
The art center withdrew its application last week at the board of zoning appeals meeting after being told that it did not comply with the village's sign ordinance.
Board chairman John O'Brien said members were sympathetic to the art center's request, but their hands are tied due to the sign regulations. He said the problem is that it would set a precedent for how the village deals with other property owners who want sign variances.
Councilman and board member Robert Williams said the board has rarely granted sign variances over the years.
The Chagrin Falls sign ordinance limits the number of signs to two and the size to 12 square feet. Besides the Valley Art Center sign on front of the building, the center requested two other signs, one on each of two exterior walls and each about 100 square feet.
The code doesn't differentiate between commercial businesses and nonprofit organizations, Mr. O'Brien said.
The Valley Art Center is the only nonprofit arts organization of its kind in Chagrin Falls, offering classes and activities and including a gallery.
Initially, the art center submitted its plans to the village. Administrators reviewed them and found that they don't comply with the village's sign ordinance.
The art center could proceed with the same application to the zoning appeals board, get a formal recommendation, and appeal to council for two variances. Council makes the final decision, village Administrator Benjamin Himes said.
Henry Piper, art center board member, told the zoning board he considered the word "art" not to be a sign but a "graphic flourish" and that it makes an artistic expression.
Also representing the art center were Director Ann Chaney, and artist Charles Deihl, of Russell, who created a model to show what the graphic mural would look like.
"I like it, but it's still a sign," said Thomas Boehringer, a zoning appeals board member. He said he would like to grant the variances "to you and close the barn door behind it."
Mr. Deihl said the Valley Art Center has been identified as a jewel in the Chagrin Valley, but many people don't know where it is, and that is partly due to poor signage. "Murals are a time-honored tradition in every city I've lived in," he said.
The Valley Art Center, at 155 Bell St., is located in a mixed-business and residential district, across from a gas station and a shopping plaza that includes a restaurant, a dry cleaner and a salon. The center is housed in a building between offices and apartments.
Councilman William Watterson, who was in the audience, said the artwork shown is a sign. He said he could open a law office and write "law" on a sign and call it a mural.
Zoning appeals board member Wade Fricke said the board could not be subjective. It has to look at the definition of a sign, he said. The artwork shown conveys a message, he said.
While the board said it doesn't set a precedent when it recommends most variances, sign variances are an exception. They do set a precedent, Mr. O'Brien said.
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