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BOA 06-24-2013B®ARI) ®F' Al~.li1STMENT MIN>`TTES dune 24, 2013 The Schertz Board of Adjustment convened on ,lone 24, 2013 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. B®ARI) ®F AIIJTSTIVIEilT'I` Frank McElroy, Chairman Richard Dziewit, Vice Chairman Earl Hartzog David Reynolds Christopher Montgomery Reginna Agee, Alternate CITY STAFF Brian James, Executive Director Development Michelle Sanchez, Director Development Services Lesa Wood, Senior PIanner Patti White, Executive Asst. of Development B®ARI)1VIEMBERS ABSENT Marls Tew, Alternate 1. CALL T® ORIIERIR®LL CALL ®TIIERS PRESENT Larry Gottsman, Aetna Sign Group Bert Denson, Brundage Management Lydell Toye, U.S. Signs Patrick Lynch, Leasing Agent Mr. McElroy called the regular meeting to order at 6:04 P.M, and recognized members present. 2. SEAT ALTERNATE T® ACT >1F REQUIRED Mr. McElroy seated M. s. Agee as a voting member. 3. HEARING ®F RESIDENTS No one spoke. 4. Minutes for May 20, 2013 meeting. Mr. Hartzog moved to approve the minutes. Mr. Dziewit seconded the motion. Vote was 5-0. Motion carried. Mr. Montgomery arrived b:07 P.M. Mr. McElroy removed Ms. Agee as a voting member. 5. PUBLIC 1i-TEARING: A. BOA 2013-004 Hold a public hearing, consider and act upon a variance to Article 11, Section 21.11.10 Freestanding Ground Sign, to allow a forty foot {40') variance from the twenty foot (20') maximum sign height requirement, in order to permit a sixty foot (60') tall freestanding ground sign at 17497 Triton Drive. Ms. Wood presented the item by stating that the applicant is requesting a variance to Artjcle 11, Section 21.1 l .l0 Freestanding Ground Sign, to allow a forty foot {40') variance from the twenty Foot {20') maximum sign height requirement, in order to permit a sixty foot (b0'} tall freestanding ground Minutes Board of Adjustment .Tune 2~4, 2013 Page I o1' S sign. The public hearing notice was published in "The Daily Conamer^c•ipl Recor°cler°" on June 7, 2013 and in the "Herald" on June 13, 2013. There were twelve (12) notices mailed to surrounding property owners on June 13, 2013. At the time of this staff report one (1) response was received in favor of the request; no responses were received apposed to or neutral to the request. The approximate 3.35 acre property is currently developed as a mini storage warehouse facility and has an existing fifty feet (50') tall freestanding sign on the site. The existing sign was installed on the property prior to the cut-rent regulation and the property owner is requesting to raise the height of the existing sign by ten feet (10'). The new freestanding sign is proposed at sixty feet (60') in height. The subject property is located at 17497 Triton Drive and according to the submitted application, the request of the variance is to allow a sign height that will be visible from 1H 35 and provide adequate viewing. The property is located approximately 150 feet west of FM 3049 on Triton Drive. According to UDC, Article 3, Sections 21.3.4.C, In order to make a finding of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; 2. Special conditions of restricted area, topography or physical features exists that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; 3. The hardship is in noway the result of the applicant's own actions; or 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Staff recommends disapproval of BOA 2013-004. The request for a variance does not comply with the approval criteria for granting a variance as presented above. Mr. Gottsman, the authorized agent for the applicant, discussed proportionality, aesthetics and appropriateness for signage and stated that the signs at this intersection are about the same height. The applicant's sign is a landmark display for the business and state that they are willing to give up their right to the rotating sign if the appeal is granted. Mr. McElroy opened the public hearing at b:17 P.M. ® Robert Brockman, 1000 Elbe1 Road, spoke on the property owner responses that were received. Mr. McElroy closed the public hearing at 6:20 P.M. Mr. Hartzog asked about the photo of the signs that shows the Best Western. Ms. Sanchez answered that the cabinet was replaced on the existing sign for the former Atrium Inn. Mr Dziewit stated that it seems li!<e it would be more advertising. Mr. Gottsman responded that their on-premise sign is the number one source of advertising and then next is the Internet. Mr. Hartzog asked about the number Minutes Board of Adjustment .dune 2~, 2013 ['age 2 of 5 of vacancies at the moment. Mr. Denson answered that the last week there were 9 vacancies, but they don't consider their business an impulse buy, more that when you need storage, people remember the sign. Ms. Agee asked about the average occupancy over the last 12 months. Mr. Benson responded that they are at 80-90% occupancy. Discussion followed between the Board, Staff and the Applicant. Mr. Dziewit moved to disapprove the item. Mr. Hartzog seconded the motion. Vote was 5-0. Motion can led. 1<3. BOA 2013-005 l~lold a public hearing, consider and act upon a variance to Article 11, Section 21.11.10 Freestanding Ground Sign, to allow a twelve foot {12') variance from the eighteen foot (18') maximum sign height requirement, in order to permit a thirty foot (30') tall multi-tenant freestanding ground sign at 17361 Bell North. Ms. Wood presented the item by stating that the property owner is requesting a variance to Article 11, Section 21.11.10 Freestanding Ground Sign, to allow a twelve foot (12') variance from the eighteen foot (18') maximum sign height requirement, in order to permit a thirty foot (30'} tall freestanding ground sign; and to allow the proposed sign to be designed as amulti-tenant freestanding ground sign at 17361 Bell North. The public hearing notice was published in "The Daily Commercial Recorder" on .lone 7, 2013 and in the "Herald" on June 13, 2013. There were eight (8) notices hailed to surrounding property owners on June 13, 2013. At the time of this staff one (1) response was received in favor of the request; no responses were received opposed to or neutral to the request. The property owner is proposing to remove and replace an existing multi-tenant sign with a thirty foot {30') tall multi tenant freestanding ground sign at 17361 Sell North known as Bell North Parlc 1. The maximum height allowed for amulti-tenant or freestanding ground sign at this location is eighteen foot (18') based on the location of the sign adjacent to FM 3009. The request results in the need for a twelve foot (12') variance per Article 1.1, Section 21.11.10. The request is to also allow the proposed sign to be designed as amulti-tenant freestanding sign. Staff's discussion with the authorized agent included that Section 21.11.10 states that multi-tenant signage shall be constt•ucted as a monument sign per Section 21:11.12. What the applicant is requesting is the installation of amulti-tenant freestanding ground sign. The subject property is located at the intersection of Bell North and FM 3009. According to UDC, Article 3, Sections 21.3.4.C, In order to make a. Ending of hardship and grant a variance from the zoning regulations of the UDC, the Board must determine the following: 1. The requested variance does not violate the intent of this UDC or its amendments; 2, Special conditions of restricted area, topography or physical features exists that are peculiar to the subject parcel of ]and and are not applicable to other parcels of land in the same zoning d istt•i ct; 3. The hardship is in no way the result of the applicant's own actions; or Minutes Board of Adjnstment June 24, 2013 Page 3 of 5 4. The interpretation of the provisions in this UDC or any amendments thereto would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions. Staff recommends disapproval of BOA 2413-005. The request for a variance does not comply with the approval criteria for granting a variance as presented above. Mr. Toye, the authorized agent for the applicant, discussed redLlcing the cabinet size by ~0 squal•e feet for the 3 tenants, and based on the grade difference of FM 3009. Mr. Lynch stated that this address use to be a retail center fronting FM 3009 with 2 businesses who have gone out of business and there is no longer a frontage road in front of the center. He further stated that the anchor for this address is Gym bids and they have doubled their space. Mr. McElroy opened the public hearing at 6:40 P.M. ® Robert Broclunan, 1.000 Elbel Road, spoke on Staff's recommendation. Mr. McElroy closed the public hearing at 6:42 P.M. Mr. Dziewit asked if this sign was in place prior to raising the road. Mr. Toye stated that yes the sign was in place and was not a problem before tl~e road was raised over FM 3409, Mr. IV1cElray asked if the Applicant has entertained other altel•l~ative methods for location. Mr. Toye answered if the sign is moved to the Bel[ North address, it will not be seen. Discussion followed between the Boa>°d, Staff and the Applicant. Mr. Hartzog moved to disapprove based on there being no hardship. Mr. Reynolds seconded the motion. Vote was 3-2. Motion carried. 6a RE~UES'1'S A,ND AN1V®U1~1CE1l~ENTS A. Requests by Member to place items on a future Board of Adjustment Agenda. ® None B. Announcements by Members ® None C. Announcements by City Staff + Ms. Sanchez reminded the Board that the Jubilee would be from July 3`~ to July 6t~' in Pickrell Park. ® Ms. Sanchez also mentioned that city offices would be closed on July 4t~' and July 5`l' + Ms. Sanchez also stated that City Council meeting scheduled far July 2"d has been cancelled. Minutes Board of Adjustment June 24, 2013 Page 4 of 5 ~1,"