Shipley Donuts Sign Must Go
In a unanimous vote last night the West U Building and Standards Commission denied a request by Retail Fund Ltd. to keep the Shipley Donuts sign at 5800 Kirby after the building is demolished.
The company is demolishing the building to construct a Potbelly Sandwich shop. The donut shop closed in February of this year.
Kirby Retail Fund wanted to keep the existing ground sign the way it is and change the faces on it.
Property owner Bob Orkin started talking with Potbelly in May of 2009 and had a letter of intent in October of 2009. The next step was approaching the City of West U about rezoning the property.
Rezoning was necessary because the property was considered a townhouse district even though it had been used as a commercial property for as long as anyone could remember. It used to be considered a commercial zone, but that designation was changed by the Zoning and Planning Commission in 1974.
The property at 5800 Kirby and two other adjacent commercial properties were included in the townhouse district.
The three properties in the townhouse district had “pre-existing, non-conforming uses” and property owners were not allowed to make changes to their buildings or land. They could switch tenants as long as they didn’t make substantial changes in the process.