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Realtor takes battle to city hearing
A disagreement over enforcement of the city’s sign ordinance heats up
By BOB McCLURE
Article published on Tuesday, Aug. 12, 2008
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![[Image]](/content_images/081208_smb-01.jpg) |
| Photo by BOB McCLURE |
| This stop work sign was placed by city officials on the front door of Lara Narzinsky’s property at 7501 Seminole Blvd., on May 7. |
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SEMINOLE – A local Realtor has hired an attorney in an effort to fight City Hall over its sign ordinance.
Realtor Lara Narzinsky recently hired former Gulfport City Attorney Tim Driscoll to represent her in efforts to reverse a city order that prevents a leasee from occupying and doing business at her former office at 7501 Seminole Blvd.
In December, Narzinsky relocated her office from the Seminole Boulevard address to 9201 Park Blvd. At about the same time, Narzinsky removed her signage facing from the front of the building but left the frame in place for whomever moved in next.
Narzinsky quickly leased the property to Karen and Michael Wheeler, who operate Audibel Hearing Aid Center at 10720 74th Ave. N. The Wheelers did not want to move into the new address until mid-year.
The Wheelers were seeking a location with better visibility and parking, and liked Narzinsky’s building. There was only one problem. A new signage facing needed to be added to the existing frame and when the Wheelers attempted to do so, Narzinsky was met with a red-tag notice from the city that prevents work on the building until the signage frame meets city conformity requirements.
Since the building was “abandoned” by city definition for more than 90 days, city code calls for the edge of
the sign to be located a minimum of 10 feet from the property line, which in this case is the eastern edge of the sidewalk along Seminole Boulevard. Signs cannot be more than 25 feet tall.
Narzinsky’s frame, which stands 29 feet tall, is in violation of both the height and setback requirements.
Narzinsky argues a 2003 letter from City Community Development Director Mark Ely allows her to keep the sign in its present location without modifications.
Ely’s 2003 letter states “if you choose to redevelop this site you can utilize the existing free-standing sign currently in place.”
Narzinsky and her husband Erwin tore down a former structure at the address and built a more modern office that was used for four years.
According to city code, any sign that no longer advertises a bona fide business shall be taken down and removed by the owner of the property within 10 days of written notification from the city. Upon failure to comply, the issue is referred to the city’s code enforcement board.
Narzinsky contends its a property rights issue. Ely says it’s a code enforcement issue.
“It’s nonconforming due to the height and setback,” said Ely. “There’s no business in there now, so the sign has to come down.”
Furthermore, Ely said the code enforcement action is against Narzinsky and Audibel can move into the location any time they want.
But a “stop work” sign on the front door of the building from the city states clearly no renovations to the sign or the building are allowed.
“I have a tenant that is leasing a building they cannot use,” said Narzinsky. “I don’t understand why (Ely) is being so head strong on this.”
“I don’t get it,” said Michael Wheeler. “(The city’s) job is to make things easy for you to do business and they’re doing the exact opposite.
“I’m not trying to open a strip bar,” he added. “I’m opening a business that will help elderly citizens. What does (Ely) have against senior citizens? There’s right and there’s wrong, and he’s doing the wrong thing.”
“This is ridiculous,” said Karen Wheeler. “We want to beautify the city. We all live here. We have Seminole’s best interests at heart and we want to conduct business here.”
Ely said Narzinsky has three options: (1) move the sign and lower it, (2) take it down totally or (3) apply for a variance and prove an extreme hardship.
The Wheelers recently applied for an occupational license for the site on July 29 but as of Aug. 7 had not received it.
A hearing on the issue before a city special master is set at City Hall in mid-September.
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Article published on Tuesday, Aug. 12, 2008
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