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BOA 02-27-2006 ,. .-. t " .' BOARD OF ADJUSTMENT MONDAY, FEBRUARY 27, 2006 MINUTES '- The Schertz Board of Adjustment convened a public hearing on Monday, February 27,2006 at 6:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. BOARD OF ADJUSTMENT Earl Hartzog, Chairman Ted Duigon, Vice Chairman Norman Slocum, Altemant Joe Potempa James C. Harden, Jr. William Sommers, P&Z Commissioner CITY STAFF Leonard Truitt, Building Official Debbie Perrone, Administrative Assistant J onette Ellis, Planner I MEMBERS ABSENT OTHERS PRESENT Robert Brockman, 1000 Elbel Road Michael Mora, SDI Realty David Richmond, 2921 Bent Tree Dr. 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 December 5, 2005 and January 23, 2006 Board of Adjustment minutes. Mr. Duigon made a motion to approve the minutes for December 5, 2005 meeting with corrections. Mr. Harden seconded the motion. Motion carried. Vote unanimous. Mr. Harden made a motion to approve the minutes for January 23,2006 meeting with corrections. Mr. Duigon seconded the motion.. Motion carried. Vote unanimous. 4. Public Hearing Chairman Hartzog opened the public hearing on the request for variance BOA2006-002. The Chairman stated that this public hearing would accept public input on the specified BOA item and that the BOA would consider all citizens comments in rendering its decision. a. BOA2006-002 Hold Public Hearing and consider and act upon on a request for multi tenant pylon sign in Tri- County shopping center property located at 5580 FM 3009, Block: 1, Lot; 5, Sub-division: Wal- Mart Super Center Subdivision. Mr. Truitt said staff had reviewed th~ site and would like to recommend another option to renovate '-' Board of Adjustment - Minutes December 5, 2005 Page 1 of4 .. . .- ""'" The applicant is requesting a shopping center sign. A shopping center must have a minimum of 50,000 square feet in order to qualify for a shopping center sign. This development has 16,000 square feet. Therefore doesn't meet the re uirement for a sho in center si SIGN UDC REQUIRMENTS RE UESTED Free standing sign 120 square feet 288 square foot multi 40 feet high tenant sign 30 feet high VARIANCE The variance is to allow: 1.) Exceed the number of signs allowed in a variance agreed to and approved 4-27-04. 2.) Allow for a shopping center sign. 3.) Exceed the maximum square footage allowed by 168 s uare feet. Mr. Mora refered to "ECR" (Easements with Covenants and Restrictions Affecting Land), which is an agreement between Wal-Mart and SDI Realty and not with the City of Schertz. According to this agreement Mr. Mora feels he is entitled to two multi tenant pylon signs one on lot 5 and one on lot 6 but he is only asking for one sign on lot 5. There are challenges along FM 3009 with dedicated easements, right of ways and CPS. Mr. Mora is putting together a 12,000 square foot building on lot 5 and feels that his tenants need to be seen and feels that these documents allows him to have one sign. '"'" Mr. Hartzog commented that the Board of Adjustment couldn't enforce the "ERC" because it is between Wal-Mart and SDI Realty. The signage was agreed upon at the development stages with Planning and Zoning. Mr. Dui20n asked that staff, "Do I understanding correctly to grant another multi tenant sign on parcel or lot 3,5 or 6 on either side of main driveway ofFM 3009 would take a variance, yes or no?" Mr. Truitt answered, "yes it would". Mr. Dui20n "Do I understand that individual pylon signs one for each business that might go into lot 5 or 6 would require a variance?" Mr. Truitt "yes they would because they are prohibited". Mr. Dui20n "0 any more signs on FM 3009 might they be multi signs or individual pylon signs (i.e. Wendy's) would require a variance?" Mr. Truitt "That is correct." After a lengthy discussion on the multi-tenant pylon sign. Mr. Hartzo2 closed the open meeting at 7:15 p.m. '"'" Mr. Harden made a motion to disapprove the sign variance application for a multi tenant pylon sign. Mr. Potempa seconded the motion. Mr. Hartzog, Mr. Slocum, Mr. Harden and Mr. Potempa voted in Board of Adjustment - Minutes December 5,2005 Page 3 of 4 the existing sign to allow for additional tenants. Mr. Truitt also commented that on April 27, 2004, Planning and Zoning granted several variances for signs to include a 600 square foot directory sigf' that is 50 feet in height for the Wal-Mart Super Center. These variances were granted with th-, understanding that no additional directory signs would be approved at this location. Mr. Truitt asked Ms. Ellis from Planning & Zoning to give the history to the Board of Adjustment members on the meeting of April 27, 2004. Ms. Ellis briefed the Board of Members on the history of the shopping center site. On April 27, 2004 the Planning and Zoning Commission met to consider a sign variance for the Wal-Mart Super Center and it's out parcels. The variance was for the following: SIGN Wall Sign UDC REQUIREMENTS 10% of wall surface or 100 sq. ft. Due to the size of the project, Staff recommends calculating the signage at 10%, which is 2,772. 200 sq. ft. maximum at 50'. One per 50,000 sq. ft. of shopping center Anchor Business Free Standing on- Premise Signage 250 sq. ft. maximum at 50' high. (Limited to access road) RE UESTED The applicant is requesting 1, 113 sq. ft. of wall signage. The proposed sign is to be located at FM 3009 and the front entrance. The 618 sq. ft. sign is 50' hi h. The proposed sign is to be located at IH 35 Frontage Road at entrance. The 600 sq. ft. sign is 50' hi VARIANCE The request exceeds the 100 sq. ft. maximum. The variance is to allow 1,013 sq. ft. of bui1din si a e. The request exceeds the 200 s. ft. maximum. The variance is to allow 418 sq. ft. of anchor si a e. The request exceeds the 250 sq. ft. maximum. The variance is to allow 350 sq. ft. of on- remIse SI a e. The Planning and Zoning Commission approved the variance with 5-1 split vote. Prior to the approval, the Planning and Zoning Commission met on 1/27/04 and 2/24/04 and tabled and disapproved the variance respectively. The request changed several times and the Commission worked with the applicant and the owners of the out parcels to agree to a fair solution to the signage out on FM 3009. Wal-Mart and SDI agreed that this would be the only signage allowed, other than wall signage for each tenant. Upon approval of the site plans for the out parcels, SDI was informed that no additional free-standing sign would be allowed on the site, but Staff would support monument directional signage within the development. If a variance had not been previously approved for this site, then applicant would have been allowed one (1) free standing sign - 120 square feet, 40 feet high. Board of Adjustment - Minutes December 5,2005 Page 2 of4 ....., , . favor of disapproving the application. Mr. Duigon voted against disapproving the sign application. -' 5. Items by Board of Adjustment Member and City Staff: 6. Adjournment Mr. Hartzo2 adjourned the meeting at 7:45 P.M. cy /?/}/ , fJ}/lL ~~ Chairman, Earl mirt og Recording Secretary ....., ..., Board of Adjustment - Minutes December 5, 2005 Page 4 of 4