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03-31-2014 BOA MinutesBOARD OF ADJUSTMENT MINUTES March 31, 2014 The Schertz Board of Adjustment convened on March 31, 2014 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Frank McElroy, Chairman Richard Dziewit, Vice Chairman David Reynolds Earl Hartzog Reginna Agee Mark Tew, Alternate BOARD MEMBERS ABSENT 1. CALL TO ORDER/ROLL CALL CITY STAFF Brian James, Executive Director, Development Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Patti White, Executive Asst. of Development OTHERS PRESENT Kirsten Hamilton, Chick -Fil -A Mr. McElroy called the regular meeting to order at 6:00 P.M. and recognized members present. 2. SEAT ALTERNATE TO ACT IF REQUIRED None was required. Mr. Tew left the meeting. 3. MINUTES FOR FEBRUARY 24, 2014 REGULAR MEETING AND MINUTES FOR THE MARCH 13, 2014 SPECIAL AGENDA — JOINT MEETING. Mr. McElroy moved to Items 4A and 4B. 4. PUBLIC HEARING: A. BOA 2014 -004 Hold a public hearing, consider and act upon a request by NWC 3009 /Four Oaks, Ltd. for a variance to Article 11, Signs and Advertising Devices, Section 21.11.9 Wall Signs to exceed the maximum number of wall signs permitted at 6038 F.M. 3009. Mr. McElroy opened the Public Hearing both items 4A and 413 at 6:02 P.M. because it is the same address. Ms. Wood presented this item by stating that the property owner is requesting a variance to Article 11, Signs and Advertising Devices to allow a variance to Article 11, Signs and Advertising Devices, Section 21.11.9 Wall Signs to exceed the maximum number of wall signs permitted at 6038 F.M. 3009 in order to permit a total of five (5) wall signs. The public hearing notice was published in "The Daily Commercial Recorder" on March 10, 2014 and in the "Herald" on March 12, 2014. There were seven (7) notices mailed to surrounding property owners on March 7, 2014. At the time of this staff report two (2) responses have been received opposed to the proposed request. Public Hearing notice comments are as follows: Response from 6050 FM 3009 — Opposed — "I am opposed unless the same variance be granted to 6050 FM 3009." Response from 6026 FM 3009 — Opposed - No comment. Minutes Board of Adjustment March 31, 2014 Page t of4 The subject property is an approximately 0.929 acre tract of land and is currently under construction with an approximately 4,500 square foot Chick -fil -a restaurant. The applicant is proposing to install five (5) wall signs on the exterior of the building. The proposed sign package exceeds the maximum number of signs by two (2). In accordance with the Unified Development Code, Article 11, Section 21.11.9 (C) the maximum number of signs permitted for a single occupancy building shall be limited to one (1) per wall with a maximum of three (3) signs. Each sign in excess of the primary wall sign shall be a maximum seventy -five percent (75 %) of the area of the primary wall sign. The applicant worked with the Director of Development Services to determine compliance on all signs in the sign package. As a result of their discussions it was determined that the following signs did not meet the provisions of the UDC; • One (1) additional secondary wall sign "Chick -fil -A" located on the rear of the building; and • One (1) additional secondary wall sign "The Original Chicken Sandwich" is proposed as a band wrapped elevation sign to be located on the front elevation of the building. The following three (3) wall signs have been proposed in accordance with the UDC and permits have been issued for the following three (3) signs. • A primary wall sign "Chick -fil -A" located on the front elevation of the building; and • Two (2) secondary wall signs "Chick -fil -A" located on the main and drive thru elevation of the building. The property is located approximately 250 foot north of the FM 3009 and Four Oaks Lane intersection. The property has no special circumstances or unique conditions that would result in the need of the variance requested. The variance request conflicts with the provisions of the UDC. The applicant has been authorized three (3) wall signs in accordance with the UDC which is the right of all commercial property owners in the City of Schertz. Staff recommends denial of BOA 2014 -005. The request for a variance does not comply with all the criteria for granting a variance as presented above. Christine Hampton, the Applicant, stated that they would like to increase the visibility from the side road so that customers can enter the road before you pass the store, and that the sign "home of the original chicken sandwich" is used nationwide on this type of building, which is brushed aluminum with some lamination. She also stated that other restaurants in the general vicinity have 5 to 7 signs. Mr. Reynolds asked about the proposed sign and if it is two signs. Ms. Wood stated that it is one sign. Mr. Hartzog asked about the front elevation. Ms. Wood stated that there have been three signs permitted for the front elevation, the main elevation and the drive up window. Discussion followed between Staff, the Applicant and the Board. Mr. Hartzog moved to approve the request for a variance. Motion died due to lack of a second. Ms. Agee moved to deny the request for a sign variance. Mr. Dziewit seconded the motion. Vote was 4 -1 with Mr. Hartzog voting nay. Motion carried. B. BOA 2014 -005 Minutes Board of Adjustment March 31, 2014 Page 2 of 4 Hold a public hearing, consider and act upon a request by NWC 3009/Four Oaks, Ltd. for a variance to Article 11, Signs and Advertising Devices, Section 21.11.5 (F) to allow the height of a flag pole to exceed the maximum height at 6038 F.M. 3009. Ms. Wood presented this item by stating that the property owner is requesting a variance to Article 11, Signs and Advertising Devices to allow a 50' flag pole to be erected on the front of the lot on the subject property. The public hearing notice was published in "The Daily Commercial Recorder" on March 10, 2014 and in the "Herald" on March 12, 2014. There were seven (7) notices mailed to surrounding property owners on March 7, 2014. At the time of this staff report two (2) total responses have been received; one (1) in favor of the request with conditions (see below) and one (1) opposed to the proposed request. Public Hearing notice comments are as follows: Response from 6050 FM 3009 — Opposed — "I am opposed unless the same variance be granted to 6050 FM 3009." Response from 6026 FM 3009 - In favor "only if used for Official United States Flag and /or official State Texas Flag. *Vote will change to oppose if used for advertising or any other flag or banner." The subject property is an approximately 0.929 acre tract of land and is currently under construction with an approximately 4,500 square foot Chick -fil -a restaurant. The applicant is proposing to install a fifty (50) feet in height flag pole in front of the restaurant which will exceed the maximum height by fifteen feet (15'). Pursuant to the Unified Development Code (UDC) Article 11, Section 21.11.5 (F), flag poles shall not exceed thirty five (35) feet in height. The property is located approximately 250 foot north of the FM 3009 and Four Oaks Lane intersection. The property has no special circumstances or unique conditions that would result in the need of the variance requested. The variance request conflicts with the provisions of the UDC. The applicant has the ability to install a flag pole to display flags which is the right of all property owners in the City of Schertz. Staff recommends denial of BOA 2014 -005. The applicant desires to erect a taller flag pole than what is allowed per Code and does not provide sufficient justification for granting a variance. Christine Hampton, the Applicant, stated that they did research and that research shows that Schertz is a military town and a 50' flag world be a symbol and they wanted to do for Chick -fil -A and the military. There being no one to speak on either item, Mr. McElroy closed the public hearing for both 4A and 4B at 6:15 P.M. Discussion followed between Staff, the Applicant and the Board. Mr. Reynolds moved to deny the variance for the flag pole. Ms. Agee seconded the motion. Vote was 4 -1 with Mr. Hartzog voting nay. Motion carried. The Board continued onto Item 3 — Minutes. 3. MINUTES FOR FEBRUARY 24, 2014 REGULAR MEETING AND MINUTES FOR THE MARCH 13, 2014 SPECIAL AGENDA — JOINT MEETING Mr. Dziewit moved to approve the minutes of February 24, 2014. Ms Agee seconded the motion. Vote was 5 -0. Motion carried. Minutes Board of Adjustment March 31, 2014 Page 3 of 4 RI IM Mr. McElroy stated that he would abstain from voting on the minute's of March 13, 2014 because he did not attend the meeting. Mr. Hartzog stated that the note on the agenda stated March 13, 2013, Mr. Hartzog moved to approve the minutes of March 13 2014. Mr. Dziewit seconded the motion. Vote was 4 -1 with Mr. McElroy abstaining. Motion carried. QUESTS AND ANNOUNCEMENTS A. Announcements by Members * Mr. Hartzog and Mr. McElroy asked if Staff tivould check with the City Attorney if the minutes would need to be reposted correctly on another agenda or they could stand as voted on tonight: ® Also, Mr. Hartzog asked about the Hearing of Residents item not being on the agenda. Ms. Wood stated that the City Attorney has determined that this is a decision making Board and there is no item that the Board would need to hear from residents and that all cases for the Board are public hearings and the public can speak at thattime on each case. Mr. Hartzog attended the design meeting also attended by the Planning and Zoning Commission and they discussed that the variances being heard need to have a hardship. Mir. Dziewit would like to see more design standard meetings. B. Announcements by _City Staff a None. ADJOURNMENT The meeting adjourned at 6:40 P.M. h irman, Board ofA,1'ustmem f Minutes Board of Adjustment March 31,:2014 Page 4 of 4 Recording Secretary, City of Schertz