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BOA 08-28-2006 BOARD OF ADJUSTMENT MONDAY, AUGUST 28, 2006 MINUTES "'-' The Schertz Board of Adjustment convened a public hearing on Monday, August 28, 2006 at 6:00 p.m. in the Municipal Complex Council Chambers, Building #4, 1400 Schertz Parkway, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Ted Duigon, Vice Chairman Joe Potempa Norman Slocum, Alternate William Sommers, P&Z Commissioner CITY STAFF Leonard Truitt, Director of Development Services Debbie Perrone, Administrative Assistant to the Director of Development Services MEMBERS ABSENT James C. Harden, Jr. OTHERS PRESENT Michael Spain, City Attorney Edward Gutierrez, Comet Neon Adv. Co. 1. Call to Order/Roll Call: Chairman Hartzog called the meeting to order at 6:00 p.m. 2. Citizen Comments: No Comments 3. Consider and act upon approval of the minutes for May 22, 2006 Ted Duieon motioned that the minutes for May 22, 2006 be approved as amended. Joe Potemoa seconded the motion. Vote unanimous, motion carried. "'-' Consider and act upon approval of the minutes for July 10,2006 Ted Duieon motioned that the minutes for July 10, 2006 be approved as amended. Joe Potemoa seconded the motion. Vote unanimous, motion carried. Consider and act upon approval of the minutes for July 24, 2006 Joe Potemoa motioned that the minutes for July 24, 2006 be approved as amended. Norman Slocum seconded the motion. Vote unanimous, motion carried. 4. Public Hearing The Board of Adjustment held a public hearing related to variance requests within this agenda. The public hearing will be opened to receive a report from staff, the applicant, and the adjoining property owners affected by the applicant's request, and 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. Confirm actions from May 22, 2006 meeting on items: 4A (B0A2006-005) A variance request for a deck that has been built within the side yard setback and extending to property line located at 2553 Hourless Oaks, Lot: 2, Block: 27, Belmont Park Subdivision. Applicant: Mr. & Mrs. James Land. 4B (B0A2006-009) A variance request for a multi-tenant pylon sign with a total square footage of 513 square feet located at Four Oaks Plaza, Fours Oaks Lane and FM 3009, Lot: N/ A, Block: N/ A, Wal-Mart Super Center Subdivision. "'-' '-' 5. '-' 6. "'-' 4C (BOA2006-011) A variance request for two (2) additional 25 square foot wall signs on the location on the drive through elevation fronting FM 3009 and the other on the entrance elevation fronting Wal-Mart located at Whataburger, 5570 FM 3009, Lot: 5, Block: 1, Wal-Mart Super Center Subdivision. Ted Dui20n made a motion to confirm the actions from May 22, 2006 meeting on items 4A (B0A2006-005), 4B (B0A2006-009), 4C (B0A2006-0 11). Joe Potempa seconded the motion. Vote unanimous, motion carried. B0A2006-016 Consider and act upon a variance request for a sign variance for seventy (70) foot sign that will exceed 20 feet in height located at the Pic-N-Pac, 16830 IH 35 North, Lot: N/A, Block: N/A, Subdivision: N/ A. Applicant: Edward Gutierrez, Comet Neon Signs. Leonard Truitt stated that it was not uncommon in the past to grant variances to a maximum of 80 foot. in height for other business along IH 35 therefore staff recommends approval. William Sommers Planning and Zoning Commission would recommend disapproval of sign. As you look northbound on IH 35 you would have a clear field of vision. As you are going southbound you would enter IH 35 before you got to the location if you were going to enter IH 35 you would be down to the Forum or Rolling Oaks before you could get off. You would have to go past Schertz Pkwy and go down to Selma bridge across under IH 35 and come back to the Pic-n-Pac. Even if traffic going southbound saw the sign they probably wouldn't turn around to come back to the Pic-N-Pac. Mr. Gutierrez. Northbound traffic would be able to make a safe exit onto Schertz Pkwy and the sign would clear the high wire lines. Earl Hartz02 requested more information as to the Schertz Saving & Trust Bank sign height, artist renditions of how the sign will look like at 50 feet and 70 feet., and Shell sign located at 18900 IH 35 North/FMI103. Norman Slocum made a motion that B0A2006-016 be tabled until staff resolves the chairman's four questions. Joe Potempa seconded the motion. Vote unanimous, motion carried. BOA2006-017 Consider and act upon a variance request for 14 foot x 18 foot monument sign in addition to the existing multi-tenant sign located at 5590 FM 3009, Lot: 5, Block: 1, Wal-Mart Super Center Subdivision. Applicant: Michael Mora, SDI Realty Leonard Truitt stated at a previous BOA meeting, Mr. Mora had previously requested an additional freestanding multi-tenant sign at this location, because the existing multi-tenant sign does not provide enough space for all tenants at this location. BOA decided to deny this request due to the close proximity of the exiting multi-tenant sign. Mr. Mora has been working with staff and City Attorney, Michael Spain, in an effort to alleviate the hardship. One recommendation was to increase the size of the existing sign, although an agreement with Wal-Mart Super Center could not be established. Therefore, Mr. Mora is requesting a smaller monument sign in an effort to provide fare advertising to all tenants. Staff recommends approval. Mr. Truitt questioned that the location of the sign would be behind the existing free standing sign along the entrance to Wal-Mart Super Center and based on vegetation alone at the corner would be obstructed from view. William Sommers First this is an attempt to by pass the proper appellate steps by going to district court on the original decision and thinks it is probably improper. Secondly there is no demonstrated hardship in this application for a variance. If you get past that issue Planning and Zoning Commission has endorsed and supported monument signs heartily to obtain a compromise issue. Norman Slocum questioned had the applicant gone to court on the first denial. Michael Spain stated that the applicant did not go to court on the first denial, which was for a 7. freestanding sign that was a different sort of sign. This is not requesting this board to reconsider their decision on the past sign denial. A monument sign was suggested as an alternative decision. Leonard Truitt stated that they suggest that they go back to Wal-Mart and ask to expand on the existing multi-tenant sign. Wal-Mart would not work with SDI Realty so they are pretty much on their own means for any kind of request. Michael Spain commented because the shopping center was platted as a single shopping center and because it was platted separately it is limited to one sign Had these two separate buildings been platted separately they would have been allowed their own sign but they could not go back and amend the plat without Wal-Mart's consent so he should have struck his deal with Wal-Mart at before they got this far. After a very lengthy discussion the board decided to vote. Ted Dui20n made the motion that they disapprove the variance for a monument sign. Joe Potempa seconded the motion. Earl Hartzog, Ted Duigon, Joe Potempa voted in favor and Norman Slocum voted against, motion carried. Board of Adjustment Comments: Board recommended that James Harden Jr., Norman Slocum, Joe Potempa, Donald Me Queen, Bruce Kilhefner and Leonard Weinand Jr. names be forwarded on to City Council for consideration to fill the vacancies on the Board of Adjustment. """'" 8. Items by Board of Adjustment and City Staff: None 9. Adjournment Chairman Hartzog adjourned the meeting at 8: 15 P.M. ~~E~ IJ~ p~ Debbie Perrone. Recording Secretary ""'"