Kroger sign variance rejected; late reconsideration and attorney plea also fail

The Planning and Zoning Commission on May 14 denied a Kroger request to approve new panels on a legally nonconforming pole sign, concluding the company did not follow the nonconforming‑sign process that requires a pre‑application meeting and restoration like‑for‑like when damage is below the 50% threshold.

Staff told the commission the sign changes were made without permanent applications or the required pre‑application meeting under the city’s sign code §11‑29‑10; code enforcement issued a notice of violation in September. Planning staff recommended denial because replacing sign faces without the process would alter a legal nonconformity and create unequal treatment compared with prior denials for similar poll signs.

Kroger’s attorney, David Hodge, later asked the commission to reconsider after arriving late and argued the new panels were an aesthetic improvement and that the Duncan factors favored approval. "The sign on the right matches the Kroger signage throughout the remainder of the Kroger store," Hodge said, urging the commission to allow the update rather than restoring older panels from a warehouse. Commissioners emphasized precedent and that modifications had already been made without following the required process. A motion to approve was called and failed by roll call, 0–7.

Because the company installed the panels without following the pre‑application and permitting steps, staff had recommended denial. With both the initial hearing and the subsequent reconsideration defeated, Kroger will need to follow the nonconforming‑sign processes or restore the sign to its prior configuration if it seeks future approval.