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BOA 07-27-2015BOARD OF ADJUSTMENT MINUTES July 27, 2015 The Schertz Board of Adjustment convened on July 27, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT Frank McElroy, Chairman Richard Dziewit, Vice Chairman Earl Hartzog David Reynolds Reginna Agee CITY STAFF Michelle Sanchez, Permit Expeditor Gil Durant, Chief Building Official Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. of Development BOARD MEMBERS ABSENT OTHERS PRESENT Dani Salas Terry Levine, Agent representing Mr. & Mr. Jarzombek Nick Harris, Facility Solutions Group 1. CALL TO ORDER/ROLL CALL 2. 3. 4. Mr. McElroy called the regular meeting to order at 6:05 P.M. and recognized members present ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. McElroy moved to nominated Mr. Dziewit as Chairman. Mr. Hartzog seconded the motion. Vote was 5 -0. Motion carried. Ms. Agee moved to nominate Mr. Reynolds as Vice Chairman. Mr. McElroy seconded the motion. Vote was 5 -0. Motion carried. Mr. Dziewit recognized the Board members by name. SEAT ALTERNATE TO ACT IF REQUIRED None. CONSENT AGENDA A. MINUTES FOR JUNE 22, 2015 REGULAR MEETING B. MINUTES FOR APRIL 16, 2014 SPECIAL JOINT MEETING OF THE BOARD OF ADJUSTMENT, ECONOMIC DEVELOPMENT BOARD, AND PLANNING AND ZONING COMMISSION. Mr. Hartzog moved to approve the minutes as presented. Mr. McElroy seconded the motion. Vote was 5 -0. Motion carried. PUBLIC HEARING: A. BOA 2015 -003 — 466 Silver Buckle Hold a public hearing, consider and act upon a request for a variance to zoning ordinance Minutes Board of Adjustment July 27, 2015 Page 1 of 6 number 05 -S -41 Kensington Subdivision Planned Unit Development, Section F, Land Uses — Residential, to allow a variance from the required fifteen foot (15') corner lot side yard setback, in order to permit a ten foot (10') encroachment into the side yard setback at 466 Silver Buckle. Mr. Dziewit opened the Public Hearing at 6:10 P.M. Ms. Sanchez gave the presentation by stating that the Applicant is requesting a variance to the Kensington Ranch Subdivision Planned Unit Development, Section F, Land Uses — Residential, to allow a variance from the required fifteen foot (15') corner lot side yard setback in order to permit a ten foot (10') encroachment into the side yard setback at 466 Silver Buckle (Lot 16, Block 21 of the Kensington Ranch Estates Subdivision). The public hearing notice was published in "The Daily Commercial Recorder" on July 9, 2015 and in the "Herald" on July 15, 2015. There were thirty -two (32) notices mailed to surrounding property owners on July 8, 2015. At the time of this meeting four (4) favorable responses have been received; one (1) neutral response has been received; and no objections. The subject property is an approximate 0.1824 acre tract of land and is zoned Planned Unit Development (PUD) with an approximately 2200 square foot single family home occupying the lot. A 14' x 16' (224 square feet) patio and cover was constructed with an approved building permit on about October, 2014. After the building permit was issued and the construction had started it was discovered that the location of the patio and cover encroached the 15 foot side yard setback by ten feet (10') which is in violation of the zoning Ordinance 05 -S -41 Kensington Ranch PUD, Section F, Land Uses Residential. At the time of building permit application and site plan review, the building inspector read the 15' side yard building setback as 5 feet and issued the building permit in error. The stamped survey provided with the permit application had a line drawn over the number "1" in "15" making the setback appear to be a "5" instead of "15 ". Additionally, he did not notice the 10 foot utility easement in the same side yard but and if he had, he would have concluded that the patio and cover could not be 5 feet from the property if the easement is 10 feet. It was not until City Staff received a complaint by a neighbor in the subdivision that staff researched the permit documents and discovered the encroachment and error on the approval. The patio and cover encroaches the 15 foot side yard setback by 10 feet thereby providing a 5 foot setback with placement of the structure; and it encroaches a 10 foot utility easement entirely. The owner is aware of the utility easement encroachment. The property is located at 466 Silver Buckle. 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; The variance does violate the specific interpretation of the zoning Ordinance 05 -S -I5 related to the side yard setback but the Planned Unit Development (PUD) regulations for Kensington Subdivision are intended to allow substantial flexibility in planning, design, and development standards. The variance appears to meet the purpose of the Kensington PUD. 2. Special conditions of restricted area, topography or physical features exits that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; The subject property is not influenced by conditions that are unique to the land or that prevents the property owners fi°om utilizing their property. 3. The hardship is in no way the result of the applicant's own actions; or Although the property has no special circumstances or unique conditions, the error made by staff in issuance of the permit for the patio and cover has created a hardship upon the property owner who has made a substantial investment in constructing the patio addition. Minutes Board of Adjustment July 27, 2015 Page 2 of 6 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 approval of BOA 2015 -003. Mr. Levine, representing the Applicant, stated that his clients have not done anything wrong and will suffer a hardship and they brought in an engineer to check if there were alternatives and they said no way. Mr. Dziewit closed the Public Hearing at 6:20 P.M. Mr. McElroy asked if there is a privacy fence which the patio is built up to. Ms. Sanchez answered yes, and it's a 6 foot fence. Mr. Reynolds asked if there are any utilities in that area. Ms. Sanchez stated that there were none shown on the drawing provided by the builder at the time, but it is certainly intended when it is platted. Discussion continued between the Board, the Applicant and Staff. Ms. Agee moved to approve the request for a variance with the stipulation that the homeowners understand that the city has no responsibility if for some reason the utilities ask them to do something about the structure. Mr. McElroy seconded the motion. Vote was 5 -0. Motion carried. B. BOA 2015 -004 21600 IH -35 N Hold a public hearing, consider and act upon a request by Facilities Solutions Group for a variance to Unified Development Code Article 11, Section 21.11.14(D), Directional Signs, to allow a variance from the permitted directional signs rate of one (1) sign for every 10,000 square feet of building area, in order to permit four (4) directional signs at 21600 IH -35 North. Mr. Dziewit opened the Public Hearing at 6:40 P.M. Mr. Cox gave the presentation by stating that the Applicant is requesting a variance to Unified Development Code Article 11, Section 21.11.14(D), Directional Signs, to allow a variance from the permitted directional signs rate of one (1) sign for every 10,000 square feet of building area, in order to permit four (4) directional signs at 21600 IH -35 North. The public hearing notice was published in "The Daily Commercial Recorder" on July 9, 2015 and in the "Herald" on July 15, 2015. There were five (5) notices mailed to surrounding property owners on July 8, 2015. At the time of this meeting no responses have been received. The subject property is an approximately one (1) acre tract of land and is currently under construction with an approximately 4,700 square foot McDonald's restaurant. The applicant is proposing to install four (4) directional signs on the site. The proposed sign package exceeds the maximum number of directional signs allowed by three (3). In accordance with the Unified Development Code, Article 11, Section 21.11.14(D) directional signs are permitted at a rate of one (1) sign for every 10,000 square feet of building area. Based on a building area of 4,689 square feet, as shown on the approved site plan, the subject property would be allowed one (1) directional sign. The applicant worked with the Inspections Department to determine compliance on all signs in the sign package. As a result of their discussions it was determined that three (3) additional directional signs, two (2) located at the rear of the property and one (1) located on the east side of the property, Minutes Board of Adjustment July 27, 2015 Page 3 of 6 did not meet the provisions of the UDC. One (1) directional sign located on the west side of the property adjacent to the driveway has been proposed in accordance with the UDC and a permit has been issued for that sign. 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; UDC Article 11 is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City, and to support and further the objectives of the City's Comprehensive Land Plan. The variance does not meet the intent of the UDC because the subject signs exceed the maximum number of directional signs allowed by the UDC. 2. Special conditions of restricted area, topography or physical features exits that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; The subject property is not influenced by conditions that are unique to the land or that inhibits easy navigation on the property by pedestrians or vehicles. 3. The hardship is in no way 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. 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 one (1) directional sign in accordance with the UDC rate of one (1) sign for every 10,000 square feet of building area, which is the right of all commercial property owners in the City of Schertz. Staff recommends denial of BOA 2015 -004. . Mr. Harris, representing the Applicant, stated that they understand what the code stipulates, but the main focus is for additional traffic flow and to maximize traffic to the restaurant. Mr. Dziewit closed the Public Hearing at 6:45 P.M. Mr. Dziewit asked if they will have an entrance off of the frontage road from I35 and from the Weidner. Mr. Cox stated that the access is from the frontage with a driveway through the existing 7- 11 and two driveways at the rear. Discussion continued between the Board, the Applicant and Staff. Ms. Agee moved to disapprove the request for a variance. Mr. Hartzog seconded the motion. Vote was 5 -0. Motion carried. C. BOA 2015 -005 21600 IH -35 N Hold a public hearing, consider and act upon a request by Facilities Solutions Group for a variance to Unified Development Code Article 11, Section 21.11.9 (C), Wall Signs, to allow a variance from the maximum number of wall signs of one (1) sign per wall with a maximum of three (3) signs, in order to permit a maximum of two (2) wall signs on the front facade for a total of four (4) wall signs at 21600 IH -35 North. Minutes Board of Adjustment July 27, 2015 Page 4 of 6 Mr. Dziewit opened the Public Hearing at 6:58 P.M. Mr. Cox gave the presentation by stating that the Applicant is requesting a variance to Unified Development Code Article 11, Section 21.11.9 (C), Wall Signs, to allow a variance from the maximum number of wall signs of one (1) sign per wall with a maximum of three (3) signs, in order to permit a maximum of two (2) wall signs on the front fagade for a total of four (4) wall signs at 21600 IH -35 North. The public hearing notice was published in "The Daily Commercial Recorder" on July 9, 2015 and in the "Herald" on July 15, 2015. There were five (5) notices mailed to surrounding property owners on July 8, 2015. At the time of this staff report no responses have been received. The subject property is an approximately one (1) acre tract of land and is currently under construction with an approximately 4,700 square foot McDonald's restaurant. The applicant is proposing to install four (4) wall signs on the exterior of the building. The proposed sign package exceeds the maximum number of signs by one (1). 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 Inspections Department to determine compliance on all signs in the sign package. As a result of their discussions it was determined that the additional "M" wall arch sign located on the front elevation of the building did not meet the provisions of the UDC. Inspection Department Staff provided the applicant with two options to bring the proposed signage on the front fagade into compliance with the UDC. The first option was to raise the location of the "M" wall arch to the top of the brick face on the front fagade, aligning the top of the "M" wall arch with the bottom of the "McDonald's" lettering, combining the proposed two signs into one. The second option was to lower the location of the "McDonald's" lettering on to the brick face, aligning the bottom of the "McDonald's" lettering with the top of the "M" wall arch, combining the proposed two signs into one. 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 "McDonald's" located on the front elevation of the building; and • Two (2) secondary wall signs; "McDonald's" located on the drive -thru elevation of the building and an "M" wall arch located on the non drive -thru elevation. The property is located at 21600 IH -35 N. 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: 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 2015 -005. Mr. Harris, representing the Applicant, stated that McDonald's corporate will not allow the merging of the two signs. Minutes Board of Adjustment July 27, 2015 Page 5 of 6 7. Mr. Dziewit closed the Public Hearing at 7:07 P.M. Mr. Hartzog asked if McDonald's won't accept where you have merged the arch. Mr. Harris said no, that he can do one or the other, just McDonald's or the arches, because they are not connected or joined. Discussion continued between the Board, the Applicant and Staff. Mr. Hartzog moved to disapprove the request for a variance. Mr. McElroy seconded the motion. Vote was 5 -0. Motion carried. ANNOUNCEMENTS A. Announcements by Members • None. B. Announcements by City Staff • Mr. Cox stated that the Architectural Standards were approved by the Planning and Zoning Commission and it was recommended to City Council for approval. The first reading will be on August 0'. • Ms. Wood stated that today is Mr. Cox's birthday. ADJOURNMENT The meeting adjourned at 7:15 P.M. r' Ch an, Board of d stment Minutes Board of Adjustment July 27, 2015 Page 6 of 6 A; % �i Recording Secretary, City, of Schertz