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BOA 01-31-22 Agenda w associated documentsMEETING AGENDA SCHERTZ BOARD OF ADJUSTMENT January 31, 2022 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treated or cooperatively as a team The Board of Adjustment will hold this ineeting at 6:00p.ni., Monday, January 31, 2022, at the City Council Chambers. In lieu of atlending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channet CALL TO ORDER / ROLL CALL 3• HEARING OF RESIDENTS Residents, who choose to watch the meeting via live stream, but who would like to participate in [fearing (if'Residents,, should email their comments to the Planning Division, (,ttpl(iiinitig((%,,v(,hertz.com by 51,00p,m, on zillonday, Ianuaty 31, 2022, so that the Planning Division may read the public comments into the record under the hearing (Y' residents. In the body, (Y'the email please inc-lude your name, your, address, phone number, agenda item number ifapplicahie or subject of 'discussion, and your comments. This time is set aside for any person who wishes to address the Board of Adjustment. Each person should fill out the Speaker's register prior to the meeting. Presentations should be limited to no more than three (3) minutes. Discussion by the Board of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 4• PRESENTATION AND DISCUSSION: A. Presentation and Discussion on the Board of Adjustment Laws, Rules, and Regulations 5• CONSENT AGENDA: A. Minutes for the July 27, 2020, Regular Meeting. Board of Adjustment January 31, 2022 Page 1 of 3 6• PUBLIC HEARING: The Board of Adjustment will hold a public hearing related to variance requests within this agenda. The public hearing will be opened to receive a report from staff, the applicant, the adjoining property owners affected by the applicant's request, and any other interested persons. Upon completion, the public hearing will be closed. The Board will discuss and consider the application, and may request additional information from staff or the applicant, if required. After deliberation, the Board will act on the applicant's request. A. BOA2021 -001 Hold a public hearing, consider and act upon a request for a variance to the Unified Development Code Article 11, Signs and Advertising, in order to permit a second multi- tenant sign, increased maximum wall sign area, increased number of wall signs for two proposed signs, removal of the requirement for masonry on multi- tenant signs, and to remove the requirement that all text or graphic elements be limited to 6 inches from outer limits, located at 3701 FM 3009, City of Schertz, Guadalupe County, Texas. B. BOA2021 -002 Hold a hearing, consider and act upon a request for a variance to Unified Development Code Article 5, Section 21.5.7 Dimensional and Development Standards, Single - Family Residential District -6 (R -6) in order to reduce the front yard setback from twenty -five feet (25') to twenty feet (20'), reduce the side yard setback from ten feet (1.0') to five feet (5') and reduce the rear yard setback from twenty feet (20') to zero feet (0'), located at 3709 Hillside, City of Schertz, Guadalupe County, Texas. C. BOA2022 -001 Hold a public hearing, consider and act upon a request for a variance to Unified Development Code Article 5, Section 21.5.7 Dimensional and Development Standards, General Business District (GB) in order to reduce the front setback from fifty feet (50') to twelve feet (12'), and to Unified Development Code Article 14, Section 21.14.3.0 to eliminate the twenty -foot (20') landscape buffer requirement adjacent to public right -of -way, located at 16842 IH -35, City of Schertz, Guadalupe County, Texas. ANNOUNCEMENTS: A. Announcements by Members • City and community events attended and to be attended • Continuing education events attended and to be attended B. Announcements by City Staff • City and community events attended and to be attended • Continuing education events attended and to be attended 8. ADJOURNMENT OF THE REGULAR MEETING CERTIFICATION 1, Megan Harrison, Planner, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 28th day of January, 2022 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code. Megan Harrison Megan Harrison, Planner I certify that the attached notice and agenda of items to be considered by the Schertz Board of Adjustment was removed from the official bulletin board on day of , 2022. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance Board of Adjustment January 31, 2022 Page 2 of 3 or have a request for sign interpretative services or other services please call 619 -1030 at least 24 hours in advance of meeting. The Board of Adjustment for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. Board of Adjustment January 31, 2022 Page 3 of 3 TO: Board of Adjustment PREPARED BY: Megan Harrison, Planner SUBJECT: Minutes for the July 27, 2020, Regular Meeting. Attachments DRAFT- BOA Minutes July 27, 2020 r- 7 ............ e e wwwww�. e • DRAFT :ire ADJUSTMENT MINUTES July 27, 2020 The Schertz Board of Adjustment convened on July 27, 2020 at 6:00 p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, TeY-.a,s. Present: Chair Richard Dziewit, Seated Vice Chair David Reynolds, Seated I - =-1JWTTff M,77W-I- • Board Member Earl Hartzog, Seated ter. Member Frank McElroy, Seated loard Alternate Yvonne Griffin City Staff: Emily Delgado, Senior Planner Nick Koplyay, Planner Megan Harrison, Planner Tiffany Danhof, Executive Assistant ¥t »° »§» I » <_.. 7? ". 0§f2 0" Motioned by Board Member Frank McElroy, Seated, seconded by Board Member Earl Hartzog, Seated to approve minutes for the October 28, 2019 Regular meeting. VI-Tr-W11113INP.MT-rf I'M E23 =7 W-WIDTIll ! » 171 !NlplllI I ; I I � = I l j# « <: I'll=9 i a s- . 1 9 A. Announcements by Members • City and community events attended and to be attended • Continuing education events attended and to be attended 11111111, . 3 _,I I a I i IT! ;Twklll° 21 0 M Announcements by City Staff * City and community events attended and 1 #b± attended *Continuing education events attended and to be attended # Committee of Committees Advisory Board Meeting Summaries I I I I I llil 4-*ffkTL9 Chairman, Board of Adjustment Recording Secretary, City of Schertz • TO: Board of Adjustment PREPARED BY: Megan Harrison, Planner CASE: BOA2021 -001 SUBJECT: BOA2021 -001 Hold a public hearing, consider and act upon a request for a variance to the Unified Development Code Article 11, Signs and Advertising, in order to permit a second multi- tenant sign, increased maximum wall sign area, increased number of wall signs for two proposed signs, removal of the requirement for masonry on multi - tenant signs, and to remove the requirement that all text or graphic elements be limited to 6 inches from outer limits, located at 3701 FM 3009, City of Schertz, Guadalupe County, Texas. GENERAL. INFORMATION: Owner: Kellum Real Estate, LLC Applicant: Keller Custom Signs, Jaei Clemens Date Application Type 12/10/2021 Variance Application REQUEST Request: The Cal Stone Subdivision, Lot 4, Block 1, also known as 3701 FM 3009, is requesting variances to UDC Article 11, Signs and Advertising Devices in order to permit the following: • Additional wall signs • Two wall signs on the same facade • Second multi- tenant sign • Increased square footage on multi - tenant sign • Text and graphics, including electronics, to be within 6 inches of the outer limits of the sign face • Reduced masonry requirements for multi- tenant signs PUBLIC NOTICE: The public hearing notice was published in the "San Antonio Express" on January 14, 2022. There were 45 notices mailed to surrounding property owners on January 14, 2022. At the time of this staff report, staff has received two (2) that are neutral to the variance request and one (1) opposed. ITEM SUMMARY: The subject property is an approximately 4 acre tract of land that is currently under construction with a 22,944 square foot medical office building. The applicant is proposing to install a total of six (6) signs on the property. The sign package proposed contains the following signs: • One "Methodist Healthcare" primary wall sign at 75.5 square feet; proposed on the east facade. • One "Kellum" secondary wall sign at 60 square feet; proposed on the north facade. • Two "K" logo secondary wall signs at 16.6 square feet and 9.498 square feet on the north and south facades. • One 194.94 square foot multi- tenant sign proposed at the main entrance off FM 3009 • One 94.2 square foot multi- tenant proposed at the far north corner of the property. The applicant has requested variances to Article 11 of the Unified Development Code (UDC) pertaining to levelopment suns which states the following: UDC Currently Allowed Requested Why variance would be required: Section SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: The property is located at 3701 FM 3009, Lot 4, Block 1, Cal Stone Subdivision. Existing Zoning Land Use Neighborhood Services District Medical Office (NS) Building Adjacent Properties: CRITERIA FOR REVIEW According to Unified Development Code (UDC), Article 3, Section 21.3.4.B, 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 the UDC or its amendments; Section 2 1. 11 is intended to regulate all signs that are to be displayed, altered, erected or reconstructed within the City of Schertz. The overall intent of the UDC is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City. The variance requests do not violate the intent of the UDC because the wall signage is scaled appropriately for the size of the building that is being constructed. The request for larger wall signs and multi- tenant signs is to assist customers in locating the provider they are looking for within the multi - tenant building. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; With this building being set back and at a slightly higher elevation, enforcing the current UDC requirements would not allow the property owner to advertise the various tenants that would be utilizing the building, which would not allow the opportunity to inform the public properly. 3. The hardship is the result of the applicant's own actions; or The request is to allow for the property to have more signage in order to provide information to customers that will visit this business. 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 subject property is located on FM 3009, which has an array of businesses with vast amounts of signage, as well as increased traffic and speed. With the building being setback from FM 3009, being at a slightly higher elevation, and on a highly traveled road it would allow the applicant the opportunity to inforin their customers of their location and type of businesses that are located at this site. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of BOA2021 -001 for the following variance requests: • To allow additional wall signs • To allow two wall signs on the same facade • To allow a second multi- tenant sign • To allow increased square footage on multi- tenant sign • To allow text and graphics, including electronics, to be within 6 inches of the outer limits of the sign face • To allow reduced masonry requirements for multi- tenant signs The request for a variance complies with the approval criteria for granting a variance as presented above. Attachments 3800 0 r "67A all µON�al i'1t 9p�'1 p9 3Ap,'SS\ 3009 " k 0. 9'117'N6N191 \1 (115669) „6� 'A,.✓%„nx ¢P G� SGP \Aa 1.11�p,0 `o , JGN 35Gp0.6Rgo\ ri "'1GpPN rya\ 5100. g1�UG w? ,+'' M �' 69W �IJGN SOA 40181 SGPN\p 111\ 3700 `NILLIAM SGARBROUGN FM 3009 3705 WIlliPM SOP(40 18) H 18) 1, —21 3701 FM 3009 (115670) (�§ 55 ^ ° (40 3701 WILLIAM SCARBROUGN CARB OUG (40183). (180274) SCARBROUGH (40219) 3616 WILLIAM SC 16 BROUGH (40184) OqR @R� �A4q 381y S�9 >3� zZ %OOH SOq o R1O0ON ?� °� "��*�"rv' <� JgOg @5f SJp �sa6RO �9 �iOC�'rs _�rf� sC`sOS s8 > /GCy 1�� ygP'�i sGgA� >e�GG�M y,m,J \18p2� 346O.FM 3009 ss0<,�?i (145164) y: 'k s :9,p�<i o GO9y p1Fp 5q, 90 <v s0�, °y'' S i 3517 FM 3009 O �Y9 pO (42797) A�. o c�y� °c F. n 1.atp i 99 a I,o. as0 !w �� BCD 59pp\ a X31 ogs � Off' �y�yfvsy � P F� O> �`p`oopl�f- All {"g WNZE < d SCHEIRTZ pp WA- E Ct}M94UN$TY * SERVICE* OPPORTUNITY flb � P V pw Pp7l P P s CASE NUMBER CITY OF SCHERTZ VARIANCE CHECKLIST APPLICATION COMPLETENESS REQUIREMENTS: Fees including breakdown of calculations on a separate sheet Development Application signed by owner and notarized This checklist (signed by applicant /representative) One (1) set of plans (11" x 8 1/2 ") prepared in accordance with the checklist One (1) compact disc of all exhibits /applications electronically scanned (pdf and jpg) * *Do not leave any items unchecked ** q U U TECHNICAL REQUIREMENTS C u � C �f Z CIO 1 A survey of the subject property showing property dimensions, building locations, setback dimensions, and other applicable information. V 2 Photos or additional information deemed appropriate for justification. 3 If homeowner's association is in effect, provide an affidavit from an authorized representative of the association certifhing that the association has approved the requested variance. V 4 Such other information as the City Planning Department or the Board of Adjustment Members may require to determine full compliance with the UDC and other applicable ordinances of the City. N/ V 5 Description of the requested variance and hardship. J V 6 Justification for the requested variance. 7 Site Plan and elevation drawing of the proposed sign, dimensions, materials, colors, caption of the proposed sign, and such other data (such as lighting) as are pertinent to the application. Pictures and other back up documentation may be requested. 8 Provide the following information: type of proposed sign (monument, free - standing, building, directory, etc.), dimensions of building face elevation (height and length), square feet of each sign requested. 9 Show detail if illuminated, or add a statement indicating no illumination Nvill be used. V 10 Legend for abbreviations or symbols used. V 16- Variance Checklist Updated 10 -2009 Page 1 of 2 CASE NUMBER Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory building and non-conforming use subject to taping a finding of hardship that the variance meets all four of the following criteria. State how your request meets these conditions. 1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right commonly enjoyed by other properties in the same zoning district that comply with the same provisions? ❑ Yes KNo 12 Do special conditions or restricted area, shape, topography, or physical features exist that are irregular to the subject 404, parcel of land and not applicable to other parcels of land in the same zoning districts? ❑ Yes /1,J No 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes [No 4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? ❑ Yes X No Prq I= 16-Varimice Checklist Updated 10.2009 Page 2 of 2 Schertz Medical Center Sign Package: ew. MANUFACTURE AND INSTALL ( ] )ONE DOUBLE SIDED, INTERNALLY ILLUMINATED MULTI-TENANT PYLON SIGN.. A. STUCCO FINISH ALUMINUM CLADDING PRIMED & PAINTED MATTHE\N3GRAY. B. ROUTED OUT COPY, BACKED VVKH PUSH THRU ACRYLIC / JM GRAY VINYL & 3M GREEN OVERLAY, C. WHITE ALUMINUM TENANT SIGN CABINETS / 3K4 OK. BRZ. VINYL GRAPHICS. D. INTERNALLY ILLUMINATED, ALUMINUM CHANNEL ^NUK48LRS^' 5^ WHITE RETURNS /VVH|TE PLEX| FACES / WHITE TRIM CAP / LEO |LLUK4|NAJ|{}N. E 8^X 8^ ALUMINUM SQ. TUBE ACCENT PRIMED AND PAINTED DARK BRZ. /VVH|TE 114^ THICK F.C.{}, ALUMINUM GRAPHICS. F. DECORATV|E R-PANELS TO MATCH BU|LO|NG, G. DAKTRDN|CS lOnnrnELECTRONIC MESSAGE CENTER, | H. MASONRY ROCK BASE., ROCK COLOR TBO | mca 1m4 San Francisco ^ San Antonio, Tx. 7o201 mm695-8767` Fax: Q1m695-8760 www.koUomu*omxigon.onm 3701 FK43OOY Schertz, Texas Date: 1.19.21 7.14,21 9.24.21 12.6.21 THIS UNPUBLISHED DESIGN BTHE PROPERTY mKE0m CUSTOM SIGNS m DESIGNS AND m SUBMITTED FOR YOUR PERSONAL USE |mCONNECTION WITH APROJECT We ARE PLANNING FOR YOU. n|o NOT x`ae MODIFIED, COPIED, nepwomuCsD, EXHIBITED onSHOWN n] ANYONE OUTSIDE YOUR ORGANIZATION WITHOUT WRITTEN PERMISSION mpxs|L*x CUSTOM SIGNS mosn|swS, VIOLATION mp THE ABOVE, ENTITLES xsuex CUSTOM SIGNS m DESIGNS nO COLLECT FEES FOR ART AND STAFF TIME FROM THE CUSTOMER. oucmacxwowLsoeawEm SCALE: 3/8" = l'-O" A. STUCCO FINISH ALUMINUM CLADDING PRIMED & PAINTED MATTHEWS GRAY. B, ROUTED OUT COPY, BACKED WITH PUSH THRU ACRYLIC / 3M GRAY VINYL OVERLAY, C. WHITE ALUMINUM TENANT SIGN CABINETS / 3M DK. BRZ, VINYL GRAPHICS. E. 114" ALUMINUM F,C,O ADDRESS NUMBERS - 1/2" STANDOFFS F. ROCK MASONRY BASE.. COLORS TBD, 1234 San Francisco San Antonio, Tx. 7B201 (210) 695 -8767 , Fax: (210) 695 -B760 www.kelIercustomsigns.com it 3701 FM 3009 Schertz, Texas Date; 7.23.21 12,6.21 I •, ra THIS UNPUBLISHED DESIGN IS THE PROPERTY OF KELLER CUSTOM SIGNS & DESIGNS AND IS SUBMITTED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT WE ARE PLANNING FOR YOU. IT IS NOT TO BE MODIFIED, COPIED, REPRODUCED, EXHIBITED OR SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION WITHOUT WRITTEN PERMISSION OF KELLER CUSTOM SIGNS & DESIGNS. VIOLATION OF THE ABOVE, ENTITLES KELLER CUSTOM SIGNS & DESIGNS TO COLLECT FEES FOR ART AND STAFF TIME FROM THE CUSTOMER. 71 12ft -0in SCALE: 1/2 " =1' -0" A FABRICATE AND INSTALL ( 1 ) ONE 3" DEEP ALUMINUM PAN SIGN PAINTED DK, GRAY TO MATCH BUILDING. TO HAVE ROUTED OUT COPY WITH 3/4" PUSH -THRU WHITE ACRYLIC. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LED LIGHTING. NORTH ELEVATION SOUTH ELEVATION 1 11 NORTH ELEVATION FLUSH MOUNTED WALL LOGOS 3' ALUMINUM RETURN L 3 i - - - - - -- HILTI CONCRETE ANCHORS 20 AMP TOGGLE SWITCH ' J C WHITE LE.D's WHITE POLYCARBONATE J PUSH THRU LOGO LED T FLEXIBLE CONDUIT POWER SUPPLY 1 -BOX, EMT & FINAL HOOK -UP .090 °ALUMINUM (gACg) I +� ``-'" (PRIMARY ELECTRICAL) - BY CUSTOMER FLEXIBLE CONDUIT .125 "ALUMINUM - -- i (FACE) I WEEP HOLES - -- `'--- -HILTI CONCRETEANCHORS c C s C r< FABRICATE AND INSTALL ( 1 ) ONE 3" DEEP ALUMINUM PAN LOGO SIGN. TO HAVE ROUTED OUT COPY WITH 3/4" PUSH -THRU WHITE ACRYLIC, SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LED LIGHTING.... VINYL OVERLAY. Q FABRICATE AND INSTALL ( 1 ) ONE 3" DEEP ALUMINUM PAN LOGO SIGN. TO HAVE ROUTED OUT COPY WITH 3/4" PUSH -THRU WHITE ACRYLIC. SIGN TO BE INTERNALLY ILLUMINATED WITH WHITE LED LIGHTING.... VINYL OVERLAY. 1234 San Francisco - San Antonio, Tx. 78201 (210) 695 -8767 « Fax: (210) 695 -8760 www.kellercustomsigns.com Date: 7.23.21 Date: THIS UNPUBLISHED DESIGN IS THE PROPERTY OF KELLER CUSTOM SIGNS & DESIGNS AND IS SUBMITTED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT WE ARE PLANNING FOR YOU. IT IS NOT TO BE MODIFIED, COPIED, REPRODUCED, EXHIBITED OR SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION WITHOUT WRITTEN PERMISSION OF KELLER CUSTOM SIGNS & DESIGNS. VIOLATION OF THE ABOVE, ENTITLES KELLER CUSTOM SIGNS & DESIGNS TO COLLECT FEES FOR ART AND STAFF TIME FROM THE CUSTOMER, I .....,, Ain TOP OF WINDOWS VIYII IV VIVI \ VIV 1 VUi\ f/1IV, f I\IIYILV IIV 1 LV 1 U Iv1m1 _'' L VIV \L 1 L "r-%L-L- . . . i � � i • 3" ALUMINUM RETURN 3 HILTI CONCRETE ANCHORS 20 AMP TOGGLE SWITCH J J (210) 695 -8767 • Fax: (210) 695 -8760 WHITE L.E.D's d WHITE POLYCARBONATE PUSH THIRD LOGO __N Reverse Lit LED FLEXIBLE CONDUIT POWERSUPPLY . 1 -BOX, EMT & FINAL HOOK -UP . 090 "ALUMINUM ti ( PRIMARY ELECTRICAL) - (BACK) BY CUSTOMER I FLEXIBLE CONDUIT .125 "ALUMINUM (FACE) 20 in WEEP HOLES - - -- — HILTI CONCRETE ANCHORS T him REVERSE LIT ALUMINUM CHANNEL LETTERS, PRIMED & PAINTED PMS #289C DK, BLUE WHITE LED ILLUMINATION.. Front Lit 1234 San Francisco A San Antonio, Tx. 78201 9 \ (210) 695 -8767 • Fax: (210) 695 -8760 www.kellercustomsigns.com Reverse Lit Chan. Ltr. . MEMBER '\ MEMBER aB�ssxu[e 20 in WINDOWS END VIEW 3701 FM 3009 Schertz, Texas FABRICATE AND INSTALL ( 1 ) ONE SET OF INDIVIDUALLY ILLUMINATED ALUMINUM CHANNEL LETTERS. L000- 5" BLACK RETURNS. WHITE PLEXI FACES / PERFORATED BLACK VINYL & RED VINYL OVERLAY. 1" BLACK TRIM CAP. WHITE LED ILLUMINATION. "METHODIST" - REVERSE LIT ALUMINUM CHANNEL LETTERS, PRIMED & PAINTED PMS #289C DK. BLUE WHITE LED ILLUMINATION. "HEALTHCARE" - REVERSE LIT ALUMINUM CHANNEL LETTERS, PRIMED & PAINTED PMS #200C RED WHITE LED ILLUMINATION. Date: 7.23.21 Date: THIS UNPUBLISHED DESIGN IS THE PROPERTY OF KELLER CUSTOM SIGNS & DESIGNS AND IS SUBMITTED FOR YOUR PERSONAL USE IN CONNECTION WITH A PROJECT WE ARE PLANNING FOR YOU. IT IS NOT TO BE MODIFIED, COPIED, REPRODUCED, EXHIBITED OR SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION WITHOUT WRITTEN PERMISSION OF KELLER CUSTOM SIGNS & DESIGNS. VIOLATION OF THE ABOVE, ENTITLES KELLER CUSTOM SIGNS & DESIGNS TO COLLECT FEES FOR ART AND STAFF TIME FROM THE CUSTOMER. CLIENT ACKNOWLEDGEMENT Sales Rep.: JD SCALE: 1/2 "= V -0" be located on the side wall 01 the strUCUire and being a maximurn of -sevenLy-Hve percent (7.a U /0101 the area of i able 21 11.9 P'OHE" the primary wall sign loUlti-tenant buildings with the rear of the building directly adjacent to a public or private SdN Maximum Area of Wall Signs _Y/ Li maximurn of twenty-five percent (259%) of the area of the primary wall sign. In no case shall the nUrnber of wall Areas with Limited Accessl 5% of the fregade area or 250 sqUare feet, whichever is less ELEGM(C signs permitted for arty s4igle tenant within a multi-tenant development exceed a maximurn of two (2) signs. IN Areas with Unlimited Access12% of the fagade area or 125 square feet, whichever is less (use this one) EWER UNE EWER &w DRooffine Limitations, ki no case shall a wall sign project above the rooffine of any building nor extend above All Other Streetsl 0% of the fapade area or 80 square feet, whichever is less S the parapet wall if attached thereto, all signs shall be no closer vertically to the eave of the rooffine or NOTED) NT overhang than the prectorninant letter height. Wail signs may be attached to a OCRIMILIOUS plane fascia if the sign EA RTHEN DETENTION MMLLOW POND CURB attached to structural canopy SUpported to the ground by columns constructed of similar rnasonry nraterial as the ar SAM MNT ...... JADALUPE 1,Wall signs located on properties zoned Manufacturing District—Light (M-1); Manufacturing District—Heavy (M-2); and PDD (Planned Development District) with a base zoning of M-1 or M-2 and with a minimurn prinrary fagade elevation of 300 linear feet or greater may have the prirnary wall sign calculated at fifteen percent (15%) of the fagade area or 250 square feet, whichever is less,C.Maxirnurn Number of Signs. 'the max4num number of 332l •.M. 3009 (Ja43 / 399 D�P.R.) iVhLL T 2. SLOCK I GRF04S SUCDI4IVDN 0 / 254 P.R.) INE signs permitted for single OCCUpancy or single tenant buildings shaN be limited to one (1) per wall votri a maxiinurn 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, A ILE AFTAft. SUONG I LOi 2 91 O'F I 6/254 F�R' rr r fE&CABLI The maximurn number of signs permitted for multi-tenant buildings shall be firnited to one (1) per tenant or lease space except for these spaces located on the ends of buildings which may have one (1) additional wail sign to Sl�. N "A"1 'OF RETAKING r / _R VOVAVLT. WIICPZM W _Dz;,A� —P-R, I ­'7_ be located on the side wall 01 the strUCUire and being a maximurn of -sevenLy-Hve percent (7.a U /0101 the area of K3N "u" 4890 _VCQ F(/LtNH[YdT TO FLt1SN &! LOT 4 6LA CAL ME P'OHE" the primary wall sign loUlti-tenant buildings with the rear of the building directly adjacent to a public or private SdN r street Orr access drive may have one (1) additional wall sign located on the rear wall of the structure and being a a _Y/ Li maximurn of twenty-five percent (259%) of the area of the primary wall sign. In no case shall the nUrnber of wall ru ELEGM(C signs permitted for arty s4igle tenant within a multi-tenant development exceed a maximurn of two (2) signs. IN MV&MVIrV,,, R u (22.944 SF) EWER UNE EWER &w DRooffine Limitations, ki no case shall a wall sign project above the rooffine of any building nor extend above S the parapet wall if attached thereto, all signs shall be no closer vertically to the eave of the rooffine or . NT overhang than the prectorninant letter height. Wail signs may be attached to a OCRIMILIOUS plane fascia if the sign EA RTHEN DETENTION does not extend above or below the poo,Iecfion of the fascia. Signs attached to fascia are only allowed when POND CURB attached to structural canopy SUpported to the ground by columns constructed of similar rnasonry nraterial as the prh'nary StrUCtUre.E.HlUniinationr Wall signs shall be illurninated utilizing orify internal l ig hfi rig, F. Projection. Wall r signs shall not project farther than eighteen inches (18") from the building, excluding signs attached to PE canopier&G.Acfacent Residential. WaH signs shall not be iocaled on any fa(,otrie (other than the main front of the J buildirrq) which faces property zoned for single-farnfily residential uses if the sign is within 150 feet of the property (UN E CURB line of said residential property, Sl�. N "A"1 'OF RETAKING r / _R VOVAVLT. WIICPZM 0� 8 <= ia,ii A s, V40M (SEE MUM �S) IX Vs Mi QNT I.- \ ENERATOR 25 B.S.L (PER Z01,40) IV CC.TCAWE­ I I Em 10 A A Cd ll" �­4 771_1_7�__iFF IIJ W J I J, 14' 6A 7 Li I YAMWYKAU => Fi,&Y RF.F 0)" 1 ENCE GO G. P-1 318, F.V 300 REDO, 1.00,11C, r- M, GRAM. 00N'41A FW" KRi 3517 R RIC4ARD L�RG T 1700/ S57 ir'.P� a x- STO i; SUBUIVS!04 2', VLCCK 1 EABEN DETENTION POND r E- I HE c 25' R&L. (PtR Zftllil) L -4 PC, l4i 7.7 1_" 71 Z59 Z r LOCATION UAP NOT-TO-SCALE Walls signs: 1) Only allowed 1 per building facade. 2) Pick your primary wall sign , all other allowed signs to be 75% of this sign max. Provide photo-metric design for the electronic sign. Must not exceed 1-foot candle at property line. 72 GREEN VALLEY 41 - '92T _Taq Li' U 3.= K3N "u" 4890 _VCQ F(/LtNH[YdT TO FLt1SN &! LOT 4 6LA CAL ME F Tt _4Z (3,M ACRES) C'4 (2 3701 3701 FAC 3009 ru BUILDING W MV&MVIrV,,, R u (22.944 SF) Em 10 A A Cd ll" �­4 771_1_7�__iFF IIJ W J I J, 14' 6A 7 Li I YAMWYKAU => Fi,&Y RF.F 0)" 1 ENCE GO G. P-1 318, F.V 300 REDO, 1.00,11C, r- M, GRAM. 00N'41A FW" KRi 3517 R RIC4ARD L�RG T 1700/ S57 ir'.P� a x- STO i; SUBUIVS!04 2', VLCCK 1 EABEN DETENTION POND r E- I HE c 25' R&L. (PtR Zftllil) L -4 PC, l4i 7.7 1_" 71 Z59 Z r LOCATION UAP NOT-TO-SCALE Walls signs: 1) Only allowed 1 per building facade. 2) Pick your primary wall sign , all other allowed signs to be 75% of this sign max. Provide photo-metric design for the electronic sign. Must not exceed 1-foot candle at property line. 72 GREEN VALLEY 41 - '92T _Taq Li' U 3.= wow 0 Cr :—Z 03 Cr CU Ck: 0 Im 0 0 U_ Q C1_4 Z 's C'4 ru > + Ai U1 W Z my Cn ZEE, 03 W wow 0 Cr :—Z 03 Cr CU Ck: 0 Im 0 0 U_ Q Ai M N C� n - -- ----- - - - - -- 7 0 co o N 0 I F9 4 WEST ELEVATION 1/8" = I'-0" KEYNOTES 1 GALVALUME THRU -WALL SCUPPER W/ OVERFLOW & DOWNSPOUT. SPLASHBLOCK BELOW 2 CORRUGATED METAL WALL PANEL. PREMANUFACTURED PREMIUM COLOR FINISH 3 PREFINISHED METAL COPING 4 REVEAL 5 ACM (ALUMINUM COMPOSITE METAL) PANEL SOFFIT, RE; SPEC b ALUMINUM COMPOSITE PANEL CLADDING, (ALTERNATES: A, FLAT LOCK SEAM METAL PANEL, B. ALUMINUM BREAK METAL PANEL CLADDING) 7 NATURAL STONE VENEER, RE: SPECS. 8 STONE COPING TO MATCH VENEER WALL 9 STL. CANOPY WITH METAL DECK AND STANDING SEAM METAL ROOF, WITH PLYWOOD DECK AND WATERPROOFING MEMBRANE 10 STUCCO FINISH, RE:SPECS nA nB nC nD �' 7 / A4.4 nF nG 6 L/"%J 1 C L C V 1-% 1 1 `J I V 1/8" = 1'-0" 9 8 7 6 5 4 3 2 1 17-7 -4 - -- 0 -� -_ - - 2 SOUTH ELEVATION 1/8" = 1'-0" T.O.P. 29'- 7" _ROOF 27' -0" _SECOND FLOOR 14' -b" FIRST FLOOR 0' -o, 017 - � _ROOF 27' 0" _SECOND-FLOOR_� 14'- 6 FIRST FLOOR 0' -0" NORTH ELEVATION i SECON_D_FLOOR � 14 _ 6� FIRST FLOOR 0' -0" LO P Z S A L A S ARC441TECTS INC_ 237 W. Travis Ste. 201 San Antonio, Tx. 78205 t.210.734.4448 f.210.734.4909 www,lopersalas.com Project No. 17015 Date: 11 -13 -2018 U) Uj V UL UL O J Q V J W W Q H f/1 W J W r100 J � J J W J W Y BUILDING ELEVATIONS The record copy of this drawing is on file at the offices of Lopez Salas Architects, Inc., 237 W. Travis, Ste. 6 201, San Antonio, Texas 78205. This document is released for the purpose of reference, coordination, and /or o facility management under the ic authority of the named professional, Q registration number and date on the o 0 seal affixed above, N Q a J 0 All 0 f# h > DEVELOPMENT Sincerely, Planner K--- Megan Hardson 1400 __, 7.1 210.619.1000 Eo eS ;.c 1400 Schertz `. :- r Texas 78154 A 210.619.1000 Reply For I am: in favor of EJ opposed to 0 neutral to 000011� the request for BOA2021-001 1400 Scheriz Parkway A Schartz, Texas 78154 210.619.10GO Schegizzom • TO: Board of Adjustment PREPARED BY: Megan Harrison, Planner CASE: BOA2021 -002 SUBJECT: BOA2021 -002 Hold a hearing, consider and act upon a request for a variance to Unified Development Code Article 5, Section 21.5.7 Dimensional and Development Standards, Single - Family Residential District -6 (R -6) in order to reduce the front yard setback from twenty -five feet (25') to twenty feet (20'), reduce the side yard setback from ten feet (10') to five feet (5) and reduce the rear yard setback from twenty feet (20') to zero feet (0'), located at 3709 Hillside, City of Schertz, Guadalupe County, Texas. [l1W111t7_\a1►10111IN /r90] F, Owner: Charles and Barbara Luther and the Luther Family Living Trust Applicant: Charles Luther Date Application Type 12/21/2021 Variance Application REQUEST Request: The applicant is requesting a variance to the Single - Family Residential District (R -6) setbacks, to allow a variance from the required twenty -five foot (25') front yard setback, ten foot (10') side yard setback, and twenty foot (20') rear yard setback at 3709 Hillside. PUBLIC NOTICE: The public hearing notice was published in the "San Antonio Express" on January 14, 2022. There were 35 notices mailed to surrounding property owners on January 14, 2022. At the time of this staff report, staff has received two (2) in favor, three (3) opposed, one (1) that is neutral, and one (1) that did not indicate their decision. ITEM SUMMARY: The subject property is an approximate 0140 acre tract of land and is zoned Single - Family Residential (R -6). The applicant is reauestina reduced setbacks in order to construct a residential home. Setback Current Regulation Front 25' Side Rear 20' Requested Setback 20' (allowable per the recorded replat) 5' (allowable per the recorded replat) 0 The property was vacated and replatted in 1987. The replat exhibit shows that the front yard setback is twenty feet (20'), the side yard setback is five feet (5') and the rear yard setback has no dimensional call out. With the rear yard setback no longer having a dimensional call out on the plat exhibit, the property would be required to comply with the current UDC regulations in place based on the zoning of the property. Based on the subject property being zoned Single - Family Residential District (R -6), there is a required twenty foot (20') rear yard setback. f.Y I'm I Kim d9M11911,14aw""01117/ \_A X110 r11roomWag111Lywagnlowel.116, The property is located at 3709 Hillside, within the Scenic Hills Community Phase 1. Existing Zoning Land Use Single - Family Residential (R -6) Residential Adjacent Properties: CRITERIA FOR REVIEW According to Unified Development Code (UDC), Article 3, Section 21.3.4.13, 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 the UDC or its amendments; The variance does not violate the intent of the UDC or its amendments as it is to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City. The subdivision, Scenic Hills, went through a vacate /replat in 1987, and on that document there was no rear yard setbacks identified. With not having the rear yard setback call out the property would revert to the current UDC zoning district regulations, Single - Family Residential District (R -6), which has a required rear setback of twenty feet (20'). Imposing the current rear yard setback would not allow the applicant to build their desired residential home as neighboring lots have done. The subject property is one of the last two undeveloped lots within Scenic Hills Community Phase I. Additionally, if the requested variances are approved, the development of the lot would still be required to comply with the maximum impervious coverage of 50% based on the zoning district and all permitting and drainage requirements. 2. Special conditions of restricted area, topography or physical features exist 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 a vacant lot within a subdivision that has existing homes that have been there for 25 -30 years, which have all been built with ranging setbacks from directly on the property line to eighteen feet (18'). 3. The hardship is in no way the result of the applicant's own actions; or The hardship is not the result of the applicants own actions, as there are existing homes in the subdivision who have built their homes with various rear setbacks and imposing the current UDC regulations would not allow the property owner the ability to build their residential home. 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. Since the subject property is one of the last two to be developed, imposing the current UDC regulations would not be consistent with the development of the adjacent lots which have varying rear yard setbacks. If the subject parcel was developed previously the current 20 -foot year yard setbacks would not have been imposed. Staff recommends approval of BOA2021 -002 to allow the front yard setback to be twenty feet (20'), the side yard setback to be five feet (5) and the rear yard to be zero feet (0'). The request for a variance complies with the approval criteria for granting a variance as presented above. Attachments Aerial Map Public Hearing Notice Map Variance Application Exhibits Public Hearing Notice Responses COUNTRY CLUB BLVD (64050) lo sl ooh Svc 0 �v g51 I— IVPI 0 , I I s SA�l� 0 Ar-1 N NCHHERTZ p p w COMMUNITY* SERVICE* OPPORTUNITY pnnLP p P p p p i npp .a rmor q u n\AP n sn onn pnn qnn r nn G U Q U U TECHNICAi REQUIREMENTS I A survey of the subject property showing property dimensions, building locations; setback dimensions, and other applicable information. 2 Photos or additional information: deemed appropriate for justification. � 3 If homeowner's association is in effect, provide an affidavit from an authorized representative of the association certifying that the association has approved the requested variance. 4 Such other information as the City Planning Department or the Board of Adjustment Members may require to determine full compliance with the UDC and other applicable ordinances of the City._ _V/ N/ 5 Description of the requested variance and hardship. V A/ 6 justification for the requested variance. V V 7 Site Plan and elevation drawing of the proposed sign, dimensions, materials, colors, caption of the proposed sign, and such other data (such as lighting) as `are pertinent to the application. Pictures and other back up documentation may be requested. V 8 Provide the following information: type of proposed sign (monument, free- standing, building, directory, etc.), dimensions of building face elevation (height and length), square feet of each sign requested. V 9 Show detail if illuminated; or add a statement indicating no illumination will be used. V 1U Legend for abbreviations or symbols used. A/ 16- Variance Checklist Vp&wd 10 -2009 Page 1 of 2 T Board of Adjustment, City of Schertz, T. SUBJECT.- DISCRIPTION OF REQUESTED VARIANCE AND HARDSHIP Home Construction Planning 3709 Hill Side; Lot 34, Blk, 3, Scenic Hills Subdivision Schertz, Texas I have begun preliminary planning for construction of a single family home on the referenced lot. As part of my due diligence, I needed a clear understanding of the allowable "footprint" of the house before spending funds on a detailed package of site plans, building plans, specifications, building permit application(s), etc. to be submitted to the City of Schertz for approval. As a first step, I requested a waiver of any rear lot building setback requirements from the Scenic Hills Architectural Control Committee (ACC). The 1987 Replat of Scenic Hills Community, Phase I and my more recent Metes Viz. Bounds Survey of the subject lot clearly delineates "legacy building setback" line requirements for the front (20') and sides (5') but no building setback requirement for the rear because the rear lot boundary abuts a "20' GREENBELT & UTILITY EASEMENT". The ACC recognized there already exists a 20' utility easement along the rear of my lot, which obviates the need for an additional setback, and formally granted a waiver of the subdivision's routine "10' rear utility easement and setback requirement" as they have previously done for existing houses built on either side and to the rear of subject lot. Next, I made an appointment and met with Ms.. Megan Harrison, City of Schertz Planning Department, on August 16, 2021 wherein I explained I needed a waiver of any rear lot setback requirements should the City of Schertz seek to impose same. At that time, I hand delivered a detailed letter with attachments and requested a response soonest (see copy at attachment one). I received a short email response from Ms. Harrison on September 14, 2021 (see copy at attachment two). In Ms. Harrison's email response, she stated ........ the re plat does not include the building setback for the rear of the property which would require it to follow the zoning district regulations. Therefore, this property is zoned R -6 and the setbacks are, 25 feet for front, 10 feet for the side, and 20 feet for the rear." I was dismayed and disappointed with the email response. Imposition of these large newly applied general R -6 building setback requirements to my small "Garden Home" lot voids the aforementioned "legacy" setback requirements, renders the property unusable for a retirement residence conforming to historical neighborhood norms, and causes unreasonable personal hardship. TO; Board of Adjustment, City of Schertz, T SUBJECT. JUSTIFICATION FOR THE REQUESTED VARIANCE RE: Home Construction Planning 3709 Hill Side; Lot 34, Blk. 3, Scenic Hills Subdivision Schertz, Texas This subdivision was established in the mid -1980s to provide a gated community with homes tailored for residents "over 55 years old" A portion of the original plat for Scenic Hills Community, Phase I was re-platted in 1987 to better accommodate the building of custom/semi- custom "Garden Home" styled homes featuring minimal building setbacks, minimal spacing between homes and small yards. Specific platted building setbacks are: front 20', sides 5' & rear 0' (the rear lot lines abut a 20' wide Greenbelt and Utility Easement), Accordingly, homes were soon built conforming to these setback requirements. This successful, well -kept subdivision has essentially been "fully built -out" for 25 -30 years. There are existing homes on both sides and to the rear of the subject lot, it is one of the very rare lots held by individuals for their personal future use as a retirement home site. Imposition of the larger and more recent R -6 zoning general building setbacks (i.e. front 25' sides 10' and rear 20') on a lot originally planned and platted for minimal spaced "Garden Homes" would force a very small "footprint" upon which to build. Any such diminutive structure would create an undesirable anomaly, violate neighborhood norms, depress property values, be personally economically infeasible and serves no logical public health or safety need. Conversely, utilization of the "legacy" platted building setbacks would allow a new home to be built that fully conforms to the subdivision's Covenants Conditions and Restrictions (CC&Rs), Homeowner Association Mandates, preserves harmony and uniformity in the neighborhood, preserves property values and serves positive public objectives. Respectfully request a variance from recently imposed R -6 zoning general building setback requirements to allow construction of the proposed new single - family residence utilizing the "legacy setback requirements" of front 20', sides 5' and rear 0' Aff FIDAVIT OF MARTIN E. DANNER, PRESIDENT SCENIC HILLS COMMUNITY ASSOCIATION AFFIDAVIT OF NORMAN L. y CHAIRMAN ARCHITECTURAL SCENIC HILLS COMMUNITY ASSOCIATION BEFORE ME, the undersigned authority, on this day personally appeared Norman L. .� > ` «� /: r� S¥ 4=2+ Scenic Drive « « wy »> 78108 Mone. 830-626-7648 2 ! \£626 W ■ ■ (LOT 29) 14 20' GREENBELT & UTILITY EASEMENT S 29 049'15 "E 64.98' 137.83, >/2'° IPS f /z• rpF o LOT 34 o� oy oa tz �CA LOT 35 LOT 33 i o 20.° B. L. I/2°° IPF V12" IPP N_ 29 057'54 "W 64.98' Lot 34, Block - 3 S. 41N. SEGUING INC SCENIC HILLS COMMUNITY NEW BR0UNPRL4 TEXAS lasso �ss0 sz6 -sass Phase I Vol. 5, Pg. 60 —A I .HEREBY CERTIPY M THE BEST OP MY KNOWLEDGE AND BELIEP THAT Map and Plat Records THE ABOVE PLAT IS TRUR AND CORRECT ACCORDING TO AN ACTUAL Guadalupe County, Texas SURVEY MADE ON TIE GROUND UNDER MY SUPERVISION AND THAT ALL OBSERVABLE EVIDENCE OP EASEM&MU ON THE _GROUND ARE S a #. R T SHOWN AND ALL OBSERV ABOVR" GROUND EVIDENCE OF BUILDINGS STRUCTURES AND OTHER INPROVENENTS SITUATED ON THE ABOVE s PRENTSES ARE SHOWN CS I r s®tpauaaeo¢oyaxbsmrsaaaa® < �os!�+a p� 4069 �f ® tem ber AY Op oOs 3709 Hill Side e ; _ RICHARD A. GOODWIN, RP # 4088 06922 ,r '•r r 1400 Schertz Parkway w: rat 1 0 - T ILI - - 0 R ai � Ii OLVA 01 1XII WO I D1121 Sincerely, Megan Harrison Planner I am: in favor of ■ opposed to El neutral to ■ the request for BOA2021-00-A FAINI'm ra 1,11611114i4e] X49.1-IRTUTR RF.rI".7%rIWIIWj 004723 i� t;CWAU'UmWN Fj4 rCjgTA—UT4TBM DEVELOPMENT Sincerely, Megan Harrison Planter-- Reply Form . am: iin favor of E3 opposed to El neutral to El the request for BOA2021-00; MW 1=1artz Parkway �k Schertz, Texas 78154 210.619.10DO I NOW61461=11 -I I MUM EMMIUM The City of Schertz Board of Adjustment will conduct a public hearing on Mon&V� Januant 31i 2022 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider ano act upon the following item: Sincerely, QVegan Harrison lanaer— -- I am: in favor of 11 opposed to X neutral to 13 the request for BOA2021-002 z COMMENTS:—, QCk, NAME: Agf� �Fl, 10 -SIGNATURE LeG rte.. (PLEASE PRINT) 2 11 1400 Schertz Parkway chertz, Texas 78154 210.6191000 1400 Schertz «,a w Bldg. #4 Schertz, Texas 78108 RE: BOA2021-002 Gentlemen: As owner of an adjacent property within 200' of the propose¥ »9u er consideration I want to post this writt statement 47th- record due to my not being able to attend the meeting. This letter objects to part of the proposal and is 5«« <+< +v« of proposal as follows. I 4 < +«»!T = 1) +<o »! < of an adjacent property, I understand the potential need for the reduction of front yard setback, and =<t setback rather than the now required 25 is acceptable to me. Mary E Gr ham, Owner 2701 Hillside n Harrison From: Michel Jahelka <rnrsJahelka@grnail.com> Sent: Thursday, January 27, 2022 5:41 AM To: can Harrison Subject: BOA2021-002 I LTd am I ITM ILSI&AC 2211;mld: 10-11 107� DEVELOPMENT Sincerely, Megan Harrison Planner ------ — ------- — — ------- — — ---- Reply Form I am: Ln favor of 0 opposed to neutral to 11 the request for BOA2021-002-- MT. STREET ADDRESS: WILUMCM 9116MURNEIR; Wo 1PWVNW "IL W�# DEVELOPMENT The City of Schertz Board of Adjustment will conduct a public hearing on Monday, January 31i 2022 at_t00_k.rn. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and act upon the following item: 161MWK111-1t] W-M 1 41111 1 . 0 [11174 11M.1 1#11r.] vgigrmpm J#T-M re wenty-Tive Teetj-Z�'Fro wenTy eet kZ4), reauce ine Me yara setuaCK Trarn Ten Met 71TTffUTNU766r(�YTTnF44- the rear yard setback from twenty feet (20') to zero feet (0'), located at 3709 Hillside, City of Schertz, Guadalupe County, Texas. Sincerely, Megan Harrison Planner of= I am: in favor • ■ opposed • N neutral to ■ the request for :• ifs COMMENTS: il, vrx�l 1ee-r -�Le- --�L . i � 1-ossg' a4ect Ae ml- oar r e ia—w� Im e., Al-e c, , h o o d o:N ej +h )v Out- Aoile- vktues NAME: --- SIGNATURE (PLEASE PRINT) STREETA DRESS 3 713 Allsi'de DATE: q 1400 Schertz Parkway Schertz, Texas 78154 210,6191000 • TO: Board of Adjustment PREPARED BY: Megan Harrison, Planner CASE: BOA2022 -001 SUBJECT: BOA2022 -001 Hold a public hearing, consider and act upon a request for a variance to Unified Development Code Article 5, Section 21.5.7 Dimensional and Development Standards, General Business District (GB) in order to reduce the front setback from fifty feet (50') to twelve feet (12'), and to Unified Development Code Article 14, Section 2114.3.0 to eliminate the twenty -foot (20') landscape buffer requirement adjacent to public right -of -way, located at 16842 IH -35, City of Schertz, Guadalupe County, Texas. ["W1111t7_\a1►10111I uE-1190] F Owner: Melvin, Leonard, Clarence John Applicant: Melvin, Leonard, Clarence John Authorized Agent: Daryl John Date Application Type 01/05/2022 Variance Application REQUEST The applicant is requesting to reduce the front yard setback from 50 feet to 1.2 feet, and to eliminate the requirement of the 20 -foot landscape buffer along the front of the property. PUBLIC NOTICE: The public hearing notice was published in the "San Antonio Express" on January 14, 2022. There were 10 notices mailed to surrounding property owners on January 14, 2022. At the time of this staff report, staff has received zero responses in relation to this variance request. ITEM SUMMARY: The subject property is an approximate 3.4 acre tract of land that is zoned General. Business District (GB) and Apartment/Multi- Family Residential District (R -4). The applicant is requesting to reduce the front yard setback from fifty feet (50') to twelve feet (12') and to eliminate the requirement of a twenty foot (20') landscape buffer along the frontage of their property. The property is zoned General Business District (GB), which has a front setback of twenty -five feet (25'). However, with it abutting I -35, a principal arterial, UDC Section 21.14.3.E is applied, which requires a minimum of a 50 -foot front yard setback. However, due to an existing structure being located approximately 13 feet from the front property line, the applicant is requesting to reduce the requirement of a fifty foot (50') front yard building setback to allow a twelve foot (12) front yard building setback. Per UDC Section. 21.14.3.C, which is applicable based on the subject property location, the applicant is required to have a twenty foot (20') landscape buffer along their frontage. However, the applicant is requesting to eliminate this requirement in its entirety. SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: The property is located at 16842 IH -35, also known as Guadalupe Property ID's 64689, 64687, and 64677. [Existing Zoning Land Usem General Business District (GB) Commercial Apartment /Multi- Family Residential (R- 4) Vacant kdjacent Properties: CRITERIA FOR REVIEW According to Unified Development Code (UDC), Article 3, Section 21.3.4.B, 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 variances does not violate the intent of the UDC or its amendments; The intent of the UDC is to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City. The variance requests do not violate the intent of the UDC because the property has an existing building that has been in place since 1975. The reduction in the front yard setback and eliminate the landscape buffer is essentially to allow the existing building to remain and be in compliance. 2. Special conditions of restricted area, topography or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; The property has an existing approximately 5,000 square foot building that has been there since 1975. The building is existing, located approximately 1.3 feet from the front property line, which is the reasoning why the applicant is unable to meet the building setback requirement and landscape buffer that is required within the UDC. Other properties in the same zoning designation would not necessarily have the same physical restraints that this property does due to their being an existing structure. 3. The hardship is in no way the result of the applicant's own actions The building has existed since 1975 and due to change in conditions and regulations the applicant is unable to meet the requirements unless they remove the front portion of their building. 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. By enforcing the building setback and landscape buffer regulations, the property owner would be unable to utilize the full extent of their property and the existing building and be in compliance with the UDC regulations. STAFF ANALYSIS AND RECOMMENDATION: Staff recommends approval of BOA 2022 -001 to eliminate the twenty foot (20) landscape buffer and to allow a twelve foot (12) font yard building setback. The request for a variance complies with the approval criteria for granting a variance as presented above. Attachments Aerial Map Public Hearing Notice Map Variance Application & Documentation SCHIE IRTZ C MP,9UN$TY *SERVICE *OPPORTUNITY �•�7i�� � ••• / /// � � S V�� 9 � S (1p b t CASE --,W ,I VlazV Development Application signed by owner and notarized Theis checklist (signed by applicant/representative) One (1) set • plans (11 " x 8 prepared in accordance with the checklist Ulf 0 TECTIMCAL REQUIREMENTS > VI < OfYo Z ip 1 A survey of the subject property showing property dimensions, building locations, setback dimensions, and other applicable information. 2 Photos or additional information deemed appropriate for justification. V 3 If homeowner's association is in effect, provide an affidavit from an authorized representative of the association certi4,ing that the association has approved the requested variance. Such other information as the City Planning Department or the Board of Adjustment Members may require to determine fall compliance with the UDC and other applicable ordinances of the City. 5 Description of the requested variance and hardship. 6 justification for the requested variance. 7 Site Plan and elevation drawing of the pro po s e d s i gn, d i in e nsions, materials, colors, caption of the proposed sign, and such other data (such as lighting) as are pertinent to the application. Pictures and other back up documentation may be requested. 8 Provide the following information: type of proposed sign (monument, &-e--s c-h�ngl building, directory, etc.), dimensions of building face elevation (height and length), square feet of each sign requested. 9 Show detail it illuniinate, or add a statement indicating no'i-J—lum'ination —will be used. Legend for abbreviations ors ols used V CASE NUMBER: CITYOFSCHERTZ DEVELOPMENT APPLICATION Itt"Af, lilt Annexation $ Vacatingaeplat Plat $ Zone Change $ Variance $ Specific Use Permit $ Amending Plat $ Site Plan $ Minor Plat $ Master Development Plan $ Amendment to the U.D.C. $ Preliminary Plat $ Amendment to the �j:�he C.L.P. C� $ Final Plat $ ..... . ..... I $ Other Name of Subdivision/Development: Acreage of parkland in reside rr r r r rivate (circle one) Present Zoning: -j� rotmc �-- Requested Zoning (if applicable): Existinguse: KbAow—e,:,C-,f Proposed Use: —za —1- —1-; --/— I I - .. H - t Fwg,-J�M-f Applicant: (Company Name/Contact person/Title) Street Address, City, State, Zip: _Z�j 23 Ph#: )14, -Wo -7 Fax#: E- ail: a Engineer's Name / Company: r I �11_ 0 �Ole (Company NaZCont�actpersjb itle) Street Address, City, State, Zip: rj,o( - 3 Ph#: _!?_ /— 4 �5 Fax#: E- Mail: A e Ph#: _3119 Fax#: E-Mail: vI f ( 'fr A & I Z441-L r W JOWAVRIAMM"RIP OARk"3101M UM201 - I 1' A * I A - AM Board of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory building and non-conforming use subject to making a finding of hardship that the variance meets all four of the following criteria. State how your request meets these conditions. 1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right commonly enjoyed by other properties in the same zoning district that comply with the same provisions? 13 Yes ONo Explain. TZL-g-1 0j" 2. Do special conditions or restricted area, shape, topography, or physical features exist that are irregular to the subject parcel of land and not applicable to other parcels of land in the same zoning districts? PYes 13 No Explain I 3. Is the hardship die result of the applicant's own actions or intended for financial interest? 13 Yes 4YNo Explain._/ --)- -0,1; , 4. Would grand this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? 0 Yes ling Explain_:Z�4 Preparer's Signature: Printed Name: Date prepared- ') I Milo C c C 10- m • 6 m Cn O O ° V N U1 Y V C V ' cn V� n / cn w cn N/ V UI 900, wJ� ® N CO zz� ?4 r� 4_ 4 Q 41 r h -v "v r to cn -0 to _ 0 w 0 0 ao z O O = Z Z> -c6 O M m y Z C Z r t.. rn z m -� m y m= z m m p _0 Z z D m o c m 0 m r -n m z �z � z m 0 z m Z i,i z m m � m n m rn t. 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