LAGUNA BEACH : City Bursts Balloons of Kids Store Display

It was past noon Thursday before the first customer appeared at the children’s clothing store on Coast Highway, saleswoman Laurie Kirkland said, although normally there would have been close to a dozen. Only one man had poked his head in earlier, she said, but that was just to ask a question.

“He said, ‘Laurie, where are the balloons? What happened?’ ” Kirkland recounted.

The balloons, part of an outdoor display that included a high chair and a toy clown, were gone. Store owner Ann Weiler removed the display Thursday morning because the city’s Planning Commission decided that the balloons could be a hazard to public safety and would set a bad precedent in the city.

“I’m sure this is going to have an adverse effect on our business,” said Weiler, who spent $300 applying for a city permit to display the balloons, which have bobbed in front of Kids Kloset/Kids Klub Inc. for about nine months.

Weiler, who before the meeting described her situation as “so ridiculous that it’s funny,” wasn’t laughing after the commission voted 2 to 1 Wednesday night against the balloons while allowing the rest of the display to stay.

And on Thursday, the situation became even more complicated. Having any sort of outdoor display means that city ordinances apply which require Weiler to provide one more parking space--which she doesn’t have. Weiler said she has not yet decided whether to appeal her case to the City Council.

Weiler, who gives away balloons to all her young customers, said she thought that the display would attract attention to the store at 1516 S. Coast Highway, about a mile and a half from the city’s main downtown shopping area.

However, city staff members recommended against allowing the balloons largely because they are not representative of the majority of the store’s merchandise, which is mostly children’s clothing and furniture. When such permits have been granted in the past, they allowed, for example, a shoe display at a shoe store, Assistant Planning Director Kathryn Lottes said.

“The problem with displaying balloons is it could establish a precedent where many other businesses along Coast Highway could also come in and make the same kind of request,” Lottes said.

Since Weiler does not sell balloons, they cannot legitimately be allowed as part of an outdoor display, Planning Commissioner Jeff Powers said. Therefore the balloons had to be viewed as an “animated sign,” he said, something which is illegal in Laguna Beach.

In addition, Powers said, the balloons sometimes blow over the sidewalk and could create a hazard to public safety and a liability for the city. “People trip over a crack in the sidewalk and sue the city,” Powers said.

Weiler’s problem began last December when she was notified by the city that the balloons would have to be removed immediately. She ignored the letter at first, she said, but then decided to go through the proper channels.

After asking planning commissioners for advice in May, Weiler said, she felt encouraged that her display would be allowed if she followed the city procedures for a conditional use permit.

Weiler, who moved to Laguna Beach from Cincinnati last year, said she was shocked to learn that city staff members opposed the balloon display.

“I just assumed everything was fine,” she said. “When I got this denial in the mail (last) Friday, I thought maybe I’d lost my mind.”