A Sign or a Mural?
Proprietors of a recently established shop in town, selling furniture–some of it antique–interesting oddities and jewelry, decided to decorate the side of the building which housed 4 businesses (now 3), with an antique trompe l’oeil painting they’d acquired at a regional auction. They liked how the subtle grays of the oversized window rendering (there being no window on that side of the building facing an alleyway-like driveway) created visual interest. The lettering saying “ANTIQUES” referred, they felt, to many businesses nearby. Their own business sign was posted independently above. When the code enforcement officer(CEO) greeted the new business in town with an order for the “sign” to come down, the shop owners, who had the OK from the building owner, and who had erected it with some difficulty, were first incredulous that it would be considered a business sign or offensive in any way, and then a bit surprised and hurt at the abrupt delivery of the pronouncement. Not the kind of reception in town they’d hoped for. Experienced and hard-working entrepreneurs, they saw themselves as contributing positively to the community.
An extensive process ensued. At one meeting of the Zoning Board of Appeals it was announced that a determination had been made by the town attorney that it was a sign and faced the street, and an application for a variance was called for as its size (no one ever said it wasn’t big!) exceeded the legal size for business signs. So the business owners filled out an extensive application to the board for a variance and sent notification letters, as required, to adjoining property owners. Interestingly, none of the neighbors had openly objected to the “mural” (It’s not clear who, if anyone, made the initial complaint. The CEO maintained at the recent meeting that no one had issued a complaint.) On the contrary, everyone in the area of the sign maintaining a business or owning a property has expressed the opinion, when asked, that the mural is an attraction and neither ugly, an obstruction of sight lines or a traffic hazard. (They all said they liked it.) Those are the egregious violations of community and safety standards which it is generally understood that zoning ordinances are designed to prevent.. In fact, a few of the adjoiners wrote letters of support for what they felt was an “enhancement” to the visual look of the commercial district.
At the ZBA meeting last night, attended by the CEO and the town attorney, the motion to grant a variance was denied on a 3 to 2 vote, the chairman stepping in and voting to break the tie.~
I am sorry to see that the mural was removed. It was a surprise to my husband and I to see it up on the building in Andes last summer. It was my husband who painted the mural many years ago and we have watched with wonderment as the sign has moved around the area. A brief history of the mural: The sign/mural was painted by us (Black Dog Studio) for an antiques business in Arkville (in the building where the laundry/pizza business reside). After many years there, the business closed and years later, we saw the sign go up on the Galli Curci building in Margaretville (along with the old-fashioned pointing finger). Then it disappeared again and we were thrilled to see the mural still alive in Andes. Alas, not to last. The mural must be at least 15 years old by now and has had an illustrious history touring Delaware County. We hope the powers that be in Andes come to their senses and see it for what it is, a beautiful, unique outdoor painting (maybe it’s the word, “sign” that scares them), and allow the new owners to display it as it gives many people pleasure and, I think, adds to the town. There is a town near Seattle that displays over 125 murals throughout the town making it a tourist destiny. http://picasaweb.google.com/1579penn/MuralsOfAnacortes# Take a look.