Ice-cream sign needs valid permit

Zoning head issues ruling

Mrs. Spoonover's ice-cream cone mural is indeed an advertising device that must have an approved sign permit to remain on the building, Whitefish Zoning Administrator David Taylor has ruled.

The mural in question depicts a teapot, doughnut, ice-cream cone and cup of soup - all foods served at Mrs. Spoonover's.

Murals are allowed under Whitefish sign laws, but if they advertise products sold at a business, they're considered part of the allowed sign space.

Mrs. Spoonover's owner Judy Scallen has used all of her sign space - and therein lies the dilemma.

In a letter sent Tuesday to Scallen's attorney, Sharon Morrison, Taylor said Scallen has 15 days to pursue one of three options:

. Reduce the overall square footage of signs on her restaurant to allow for the mural.

. Appeal the decision to the Board of Adjustment.

. Apply for a variance from the City Council for the total allowed sign area.

The city will hold up on enforcement action - crews won't take down the mural - until the issue is resolved or appeals are denied by the city.

Scallen also could petition the council to amend the sign laws to make greater exceptions for artistic murals with advertising content.

If Scallen doesn't pursue any of the options, the city will have no recourse but to remove the mural, Taylor said.

Morrison said she has not yet spoken with Scallen about the ruling, but will advise her client to appeal the decision to the Board of Adjustment.

"I think there's a great deal of [public] support for the mural," Morrison said. "The colors and fun of it" fit the small-town atmosphere.

In addition to the pending sign-code violation, Taylor noted in his letter that an accessory building - a storage shed - was added to Mrs. Spoonover's property at the corner of Second Street and Spokane Avenue without a building permit or architectural design approval.

That puts Scallen in violation of the building code and city zoning ordinances. She also has not installed all of the landscaping required by city law, Taylor said.

The latter violations have been brought to Scallen's attention in two previous letters, he added.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com