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07-27-15 BOA Agenda with associated documentsSCHERTZ BOARD OF ADJUSTMENT 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 would want to be treated Work together cooperatively as a team 1. CALL TO ORDER / ROLL CALL 4. 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. 5. 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, and 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. BOA 2015 -003 Hold a public hearing, consider and act upon a request for a variance to zoning ordinance 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. B. BOA 2015 -004 Hold a public hearing, consider and act upon a request 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. Board of Adjustment July 27, 2015 Page 1 of 2 C. BOA 2015 -005 Hold a public hearing, consider and act upon a request 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 fagade for a total of four (4) wall signs at 216001H -35 North. 6. 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 7. ADJOURNMENT OF THE REGULAR MEETING CERTIFICATION I, Bryce Cox, Planner of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 24th day of July, 2015 at 12:00 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. F>r 6e CDX Bryce Cox, 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 , 2015. title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 6I9 -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 Page 2 of 2 July 27, 2015 BOARD OF ADJUSTMENT MINUTES June 22, 2015 The Schertz Board of Adjustment convened on June 22, 2015 at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. BOARD OF ADJUSTMENT CITY STAFF Frank McElroy, Chairman Michelle Sanchez, Permit Expeditor Earl Hartzog Lesa Wood, Senior Planner Reginna Agee Bryce Cox, Planner I Dani Salas Patti White, Executive Asst. of Development BOARD MEMBERS ABSENT OTHERS PRESENT Richard Dziewit, Vice Chairman Nina Prado, Brown & Ortiz David Reynolds I CALL TO ORDER/ROLL CALL Mr. McElroy called the regular meeting to order at 6:20 P.M. and recognized members present including Ms. Dani Salas, the new alternate member of the Board. 2. RECOGNITION /OATH OF Ms. Wood stated that Mr. McElroy and Ms. A member, Ms. Dani Salas. Ms.. Wood issued the Salas. 3. ELECTION OF CHAIRMAN Al Mr. McElroy stated that the electio 4. SEAT ALTERNATE TO ACT II Mr. MCElrov. Seated Ms. Salas: as a 0 6. rlR_ N A. MINUTES VICE X member. along with the new alternate McElroy, Ms. Agee and Ms. the Board has a full attendance. 26, 2015 REGULAR MEETING Mr. Hartzog moved to approve the minutes as presented. Ms. Agee seconded the motion. Vote was 4 -0. Motion carried. PUBLIC HEARING: A. BOA 201.5 -001 Schertz 3009 Market — Landscaping Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.7 — Landscaping from the requirement that a twenty foot (20') landscape buffer with trees and shrubs be provided adjacent to a residential use or residentially zoned property; and adjacent to all perimeter parking lots and vehicular use areas for a depth of at least ten (10') at Minutes Board of Adjustment June 22, 2015 Page 1 of 3 711 FM 3009. B. BOA 2015 -002 Schertz 3009 Market — Glazing Hold a public hearing, consider and act upon a request for a variance to Article 9, Section 21.9.5(C), Multifamily and Nonresidential Exterior Material Requirements, to allow a variance from the required thirty percent (30 %) windows and doors on the front fagade on the ground level floor, in order to permit a twenty six percent (26 %) coverage of windows and doors on the entire fagade on the ground level floor at 711 FM 3009. Mr. McElroy opened the Public Hearing at 6:25 P.M. Mr. McElroy stated that he would like to consider both 6A and 4B concurrently. Mr. Cox presented item 6A by stating that the property owner is requesting three (3) variances to the Unified Development Code (UDC), Article 9, Landscaping. All requests are specifically related to the south side of the property which is adjacent to a residential use. 1. A variance to Sec. 21.9.7.G with regard to required number of trees and shrubs planted within the twenty foot (20') landscape buffer for the entire length of the south property line. 2. A variance to Sec. 21.9.7.H.l.c with regard to the number of trees required to be planted in the planter islands with in the parking lot. 3. A variance to Sec. 21.9.7.H.2 with regard to entire length perimeter area of the south planted where off - street parking abuts a resit )er of trees required to be planted on the line and for the shrubs required to be operty line for approximately 170'. Mr. Cox presented item 6B by stating that the property owner is requesting a variance to the Unified Development Code (UDC), Section 21.9.5 (C) (1) Exterior Construction and Design Standards with regard to the percentage of windows and doors required on the front fagade of the building which states that at least thirty percent (30 %) of the !front fagade, on the ground floor level, must consist of windows and doors that allow for visibility into the commercial building or store. The requested variance, if ;granted will allow' for a total of twenty six percent (26 %) of windows and doors ( "glazing "). The requested variance, if approved, will allow for the glazing requirement to be extended to all four sides of the building instead of front fagade only. Both items were published in "The Daily Commercial Recorder" on June 3, 2015 and in the "Herald" on June 10, 2015. There were ten (10) notices mailed to surrounding property owners on June 2, 2015. At the time of this meeting, two (2) responses were received in favor of the request for both items. The Board of Adjustment previously considered and approved both requests by unanimous decision on April 22, 2013, September 26, 2013, February 24, 2014, August 25, 2014 and January 26, 2015. In accordance with the UDC both variances are effective for a period of 180 days after the date of approval. During the 180 day period the owner has not filed for a building permit as required by UDC Section 21.4.12(C)(3)(c) and the variances will expire on July 25, 2015. The property owner is proposing to construct an approximately 41,000 square foot retail development on the 6.36+ acre tract of land located at the corner of Elbel and FM 3009. The south side of the property is located adjacent to a multi - family dwelling district and is encumbered by approximately seventy -nine feet (79') of easements; within that easement is a thirty foot (30') Schertz Seguin Local Government Corporation (SSLGC) waterline easement and a sixty foot (60') Minutes Board of Adjustment June 22, 2015 Page 2 of 3 GVEC Electric easement which overlap each other by approximately 10 feet. SSLGC has indicated that the planting of trees and shrubbery is prohibited within the waterline easement. GVEC has indicated that planting trees is prohibited within their easement but the planting of shrubbery is permitted within their easement. These existing easements and restrictions limit the property owner's ability to comply with the Unified Development Code (UDC) landscaping requirements. The applicant is requesting to install 26% windows and doors distributed around the exterior building facades instead of the front fagade only. In this case, the requirement for the window and door installation on the front fagade has a direct impact on the functionality of the building. The grocery store has a pharmacy and refrigerated units that are located on the perimeter walls, as well as perishable foods such as produce that are impacted by the sunlight and visibility into the store. Staff recommends approval of both BOA 2015 -001 and BOA 2015 -002. Mr. McElroy asked why the Board has heard these before. Nina Prado, representing the Applicant, stated that they were under the impression that they would be pulling for permits by October 2015, but there were just made aware that the timeline is now two years (May 2017), but this is not unique and the timeline could be pushed up and would like to keep the variances valid. Mr. McElroy asked if there is anything, that has changed since the last time application. Ms. Prado stated that nothing has changed other than their timeline. Ms. Wood stated that the site plan has not changed, but will expire in 2017. ' Mr. McElroy closed the Public Mr. Hartzog moved to a vote concurrently. Ms. A 7. REQUESTS AND ANN A. Announcements by N • Mr. Hartzog aske the Board. Mr. C the P &Z Commis the request for a variance for BOA 2015 -001 and BOA 2015 -002 to conded the motion. Vote was 4 -0. Motion carried. OUNCEMENTS if changes to the UDC regarding Design Standards would be heard before x stated that we do want your input and you could attend the workshop at on meeting on Wednesday, June 24, 2015. B. Announcements by City • Ms. Wood stated that next week is 4th of July and please attend the festival and have a happy and safe 4tn 8. ADJOURNMENT The meeting adjourned at 6:40 P.M. Chairman, Board of Adjustment Minutes Board of Adjustment June 22, 2015 Page 3 of 3 Recording Secretary, City of Schertz BOARD OF ADJUSTMENT MINUTES April 16, 2014 The Schertz Board of Adjustment convened on April 16, 2014 at the Municipal Complex, Community Center, 1400 Schertz Parkway Building #3, Schertz, Texas. BOARD OF ADJUSTMENT Richard Dziewit, Vice Chairman David Reynolds Earl Hartzog BOARD MEMBERS ABSENT Mark Tew, Alternate Frank McElroy, Chairman Reginna Agee CALL TO ORDER Mr. Dziewit called the special jo Board, and Planning and Zoning present. Discussion regap=Lg— visions=to the Exterior Construction and Desim Sta CITY STAFF Michelle Sanchez, Director Development Services Lesa Wood, Senior Planner Bryce Cox, Planner I Patti White, Executive Asst. of Development David R ffiiond Tlanning and Zoning Burt &dW ord – Pla -lning and Zoning MarlcNeville – Villd -R. r=k Architecture Arianda Bahrij – KimleglIorn & Associates Rdbert Brockman – Citizen Bradley Bechtol`= Crossvine - >f the Board=ofA_ djustment, Economic Development Obtorder at 6 %#--p.m. No other board had a quorum f ed-EY v lQTment Code (UDC), Section 21.9.5 the following points: clarify language. Easy to understand/ interpret or building type with sustainable materials • Material Requirements ■ Does not allow accent materials on the front fagade ■ Masonry needs to be redefined • Articulations ■ Revise language to clarify ■ Not written for all buildings ■ Types of paint, texture to provide visual appeal • Visual survey of building types and category explanations • Visual survey of glazing Minutes Board of Adjustment April 16, 2014 Page 1 of 2 • Industrial building challenges with windows • Discussion on faux windows • Visual survey of various building materials • Visual survey of building articulations • Summary of visual survey and closing comments. ADJOURNMENT The meeting adjourned at 7:32 P.M. Chairman, Board of Adjustment Secretary, City of Schertz Minutes Board of Adjustment April 16, 2014 Page 2 of 2 TO: Board of Adjustment PREPARED BY: Michelle Sanchez, Permit Expeditor CASE: BOA 2015 -003 — 466 Silver Buckle SUBJECT: Hold a public hearing, consider and act upon a request for a variance to zoning ordinance 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. GENERAL INFORMATION: Owner: Paul and Mandy Jarzombek Applicant: Paul and Mandy Jarzombek Agent: Terry M. Levine REQUEST: 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). PUBLIC NOTICE: 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 staff report three (3) favorable responses have been received; one (1) neutral response has been received; and no objections. ITEM SUMMARY: 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. SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE: The property is located at 466 Silver Buckle Existing Zoning I Existing Use Planned Development District (PDD) I Single Familv Residential Existing Zoning Existing Use North Right -of -way Right -of -way South Planned Development District (PDD) Single Family Residential East Right -of -way Right -of -way West Plannina Development District (PDD) Single Familv Residential CRITERIA FOR REVIEW: 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 -15 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 from 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. 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. iN STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends approval of BOA 2015 -003. Planning Department Recommendation X Approve as submitted Approve with conditions* Denial * While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC. Attachments: Aerial location map Public hearing notice map Applicant Request Exhibits m am W3636 ODLAW Sli-VER BUCKLE ,FARM$ 127272) 3-32 U% mm � t/.LA.. 72 FAR. A .O (1271) U2S 0 Olof h 3°t wty ODLAWN FARMS (1 2727 3624 WOODLA 72 WN 69FARMS Nk t< 4; Q t (12) 3620WOODL N C) 0 FARMS (127268) CIRCL..", TAR RD SAVANNAH DR (127357) 3612 INOODLAWN FARMS (127267) W w 25 R! 3608, wool) IA W 'IF 1,AIS)V 65) "I' , Ik OA SCHIERTZ TT N I GONIMUNMY-99RVlrr-OF�PORTUNITY TO WEE T w TT ll T IS ItT T T TT IT I I T 111 111, 1 1 .I p (P p Reply Form JZ=11 We are fine (in favor) of our neighbor's improvement work he is wanting to do. Thanks, Jennifer Weiler 210-836-4788 3640 Woodlawn Farms Sent from my iPhone JUL 17 2015 Reply Form I am: in favor of opposed to ❑ neutral to ❑ the request for BOA 2015-003 Comments: Name: (Please Print Your Name) Signature A z Street Address: U Wes Date �7 Phone No,: b U-609 3c& 3 I - ( s `,— �j " 1 �Ii �, : , " - I I , ", " I 'I, - I , �� i�'C V D 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 k schertz,com Jain: in favor of El opposed to El Comments: Reply Form neutral to 1W the request for BOA 2015-00.3 Name: �ettq#le 600 JC+ 0 (Please Print Your Name) -/Signature Street Address: 4 70,1c Date - k0 /Y_ Phone No.:(v_ 0 0 jut- 17 2015 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 schertz coon LiBi�vr:_ — — — - — — - - _. CASE NUMBER Bkd of Adjustment may grant variances or modifications of height, yard, area, coverage, parking regulations, accessory br'ding and non - conforming use subject to making a finding of hardship that the variance meets all four of the following cc?eia. State how your request meets these conditions. Decript on of variance request: \%a¢ta., Ctae � 'l"HF 15 VOOr SiD GM-'ELeC L1 E7F S l 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 9No Explain: 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? J r��Yes ❑ No Explain: T41ePY 1S IwoN4TClEVT SAAGE AV0.WE:1� T �-OJS'71WCT RAgy ` ep OF 15p-ro xm*A Glee 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes XNo Explain: 4. Would granting this variance be detrimental to the public welfare or injurious to the value of property in the vicinity? ❑ Yes %No Explain: Prepaxer's Signat— urea: Printed Name: IC KA. Date prepared: _ . 2G /t S 16- Variance Checklist e'Mw io :cos Pale 2 of 2 i g r i x SUMMARY OF EVENTS PROJECT OF PAUL & MANDY JARZOMBEK 466 Silver Buckle Schertz, Texas It is the purpose of this Summary of Events to submit for review a description of the variance requested, the hardship Vhich will be suffered if the variance is denied, and the justification for the variance. On September 12, 2014, Paul and Mandy Jarzombek entered into a contract with Liberty Builders of Texas for the construction of a slab and patio roof system on the side of their home located at 466 Silver Buckle, Schertz, Texas. The cost of the project was $10,500.00. An application for a permit was submitted to the City of Schertz on October 1, 2014. In addition, an ACC Improvement Request Form was submitted to the Kensington Ranch Homeowners Association through their management company, AMS on October 6, 2014. During the review period by the City of Schertz, a question arose as to the project's compliance with the City Code, specifically the setback line provisions. A meeting was arranged between Mr. Robert Schmueckle and Mr. Jim Derrickson, Assistant Chief Inspector for the City of Schertz. At that meeting, both Mr. Schmueckle and Mr. Derrickson reviewed a copy of the property site plan /survey. They determined that the project could go forward and noted on the site plan the required position of the posts after which Mr. Derrickson indicated his approval by affixing his signature to the copy of the site plan. A Building Permit was issued on October 6, 2014. An approval from the Kensington Ranch Homeowners Associations was issued on October 9, 2014 and construction on the project began on October 10, 2104. The construction of the basic structure of the patio roof system was completed on approximately November 11, 2014. Shortly thereafter, Liberty Builders of Texas received word that the project was constructed beyond the 15 foot setback line and was in violation of City Code. Robert Schmueckle, President of Liberty Builders of Texas, rnet with Mr. Brian James and Mr. Gil Durant, both of the City of Schertz, to discuss the problem and possible resolutions thereof. No solution was reached at that meeting as Mr. Schmueckle requested an opportunity to meet with the Jarzombeks to determine their desires in the matter. It was at that meeting that it was determined that the site plan /survey which had been submitted with the permit application was unclear. The survey appeared to show a setback line of 5 feet. The actual setback line as it appears on the survey actually covers what appears to be the number 1 which would make the setback line 15 feet rather than the 5 feet as it was thought to be. Both Mr. Schmueckle and Mr. Derrickson believed at the time of the issuance of the permit that the project, specifically the posts supporting the patio roof, was within the required 5 foot setback line (A copy of the site plan /survey is attached for your review). There was no bad faith or poor judgment on the part of either party. Both gentlemen were relying upon the document that they had reviewed and had no reason to investigate further. This mutual mistake on the part of the City and Liberty Builders of Texas resulted in the situation in which the Jarzombeks now find themselves. . A second meeting was held between Mr. Schmueckle, Mr. James and Ms. Michelle Sanchez. At that meeting, Mr. Durant suggested that it was possible to remove the posts (the posts being beyond the setback line being the violation) which were over the setback line and support the patio roof with a cantilever system from the top. Mr. Schmueckle agreed to look into the matter and discuss it with the Jarzombeks. The Jarzombeks agreed to the idea and Mr. Schmueckle employed the services of Moises A. Cruz, P.E. Mr. Cruz conducted a study of the project an investigated possible options which would place the Project in compliance with City Code. Unfortunately, Mr. Cruz' investigation resulted in a determination that the cantilever system would be unworkable and that no other options were available. A third meeting was held between Mr. Schmueckle, Mr. James, Mr. Durant and also with Mr. Cruz at which Mr. Cruz stated his findings. It was at that meeting that the parties agreed that Mr. and Mrs. Jarzombek would submit a request for a variance to the City of Schertz Board of Adjustment. If granted, the project will then be immediately completed by placing shingles on the roof of the patio to match the existing home roof. The Jarzombeks are therefore requesting that the Board of Adjustment grant a variance to them for their property at 466 Silver Buckle, Schertz, Texas, by changing the setback line for this project from 15 feet to 5 feet. If the City does not allow the variance, the Jarzombeks will be forced to remove the project either leaving behind a lone concrete slab or, alternatively, remove the slab also and have to do repairs to their landscaping. The wasted costs of the construction and demolition would be an unfair burden on the Jarzombeks. Further, they will be permanently denied the privilege of having a place to go in their yard which is not in the hot sun. The granting of this variance will not work as a hardship on any person nor does it impair the view of any neighbors nor is it contrary to public interest. A literal enforcement of the setback provision will result in an unnecessary hardship on the Jarzombeks. The requested variance is justified by the facts stated herein, but, perhaps more importantly, by the fact that the Jarzombeks are completely without fault or blame for these events which resulted solely from an honest mistake by the contractor and the City Inspector. ,466Silver Buckle - Google Maps Page I of I littps.11w\Nlw.aoo2le.comln-ia-Dsli)lacel466+Silver+Buckle,+Schertz,+TX+781541na,29.5785... 6/2612015 055/0712015 15:04 1 st Source Digital OAX)2105668802 P.0031009 KENmmim RANCH H0%, AWNS Loop x410, Suite 202 �� & an Antonio, Texas 78209 (210)829 -7202 Office *1. 866- 232 -4386 Toll Free x (210) 829-5247 Fix lroterpet: www.arns- sa,com OC,tobEr 9, 2014 Pak ul Jarzombek Mandy Jarzombek 4646 Silver Buckle Sc, hertz, TX 78154 Re=: Property: 466 Silver Buckle Account 1691 - �3 - 454 -01 :. . . ; •__: .:...,_ .- - .. _ - Re: Application for Approval of Proposed Improvements, Patio and Patio Cover dated October 7, 2014 pertaining to the home located at 466 Silver Buckle. Dear Homeowner(s): Thank you for your recent submission to the Architectural Review Committee for the KENSINGTON RANCH HOA. 'The Committee has completed its review of your application described above and approves your proceeding with the proposed improvements to your home or lot (the proposed landscaping, painting, construction or other modifications to the home or lot are generally referred to herein as the "improvements "). Please understand that this approval simply means the Committee has found that the proposed improvements are not prohibited by the declaration, design guidelines or other governing documents of the Association (collectively, the governing documents ") and the Association does not object to you proceeding with such improvements. This approval is subject to the following qualifications and understandings: 1. Committee Comments • The patio is approved with the stipulation that it cannot be built into the 5' setback on the side of the home. 2. Any material deviation from the approved description plans and/or specifications for the proposed improvements must be approved in writing by the Committee prior to installation. 3. In - performing the improvements, the owner is solely responsible for ensuring the improvements are performed in accordance with all restriction contained in the Association's governing documents, complying with all applicable ordinances, building codes and other laws, and for obtaining all required govemmental approvals, permits and inspections. 4. Owner is solely responsible to ensure the improvements are properly placed in a suitable location within the boundaries of owner's property. This approval is not an indication that any location proposed by owner is suitable, advisable or within the boundaries of owners property. 5. The Committee cannot and does not approve the placement of any improvements that encroaches upon and easement. Owner is solely responsible for complying with all easements and other restrictions affecting owner's property. 05 J07tt015 15:04 1 st Source Digital Paul Jarzornbek Wlanoy Jarzombek C;Pc:tober 8, 2014 P age2 TAX)2105668802 P.0041009 This approval is not a representation or assurance that the proposed improvements are safe or structurally sound. Owner is solely responsible for ensuring the proposed improvements are properly designed, engineered and constructed. Improvements may not divert, increase or impeded the natural flow of water onto surrounding properties or hinder or obstruct drainage improvements intended to benefit other properties. Owner is solely responsible for ensuring the improvements do not cause water drainage onto any adjoining property or cause improper drainage or moisture conditions around or affecting- owner's home or other improvements {including without limitation and adverse soil or other condition caused by the location of trees or landscaping -near the foundation of the home}. Although the Committee may comment on and/or deny approval of plans because of impact on surface water drainage, such comments or any approval shall not constitute a representation, warranty or guaranty that adverse drainage, soil or structural problems will not occur and may not be relied upon as such. ;gity error or prntssions_Jh The_ d-ocun enfs "S' 'u, to: the'Commitiee in see-king this apprQval shall be the responsibility of the person submitting the documents, arrd .nelther the Declarant nor the Committee shall have any obligation to check for errors or omissions or to check for proposed improvements, compliance with any other restrictions, ordinances, codes or laws applicable to the property. 9. Plans and specifications are not reviewed or approved for engineering or structural design, adequacy of materials, adequacy of soils or drainage, or effect on, the home, and by this approval none of the Declarant, Association, Committee or board, or the officers, employees or agents of any of them assumes liability or responsibility therefore, nor for any defect in any improvements constructed from such plans and specifications or any damages caused thereby. 10. Unless expressly specified above that the Committee has granted a specific variance from any restriction, this approval does not waive any requirement or other provision of the Association governing documents, 11. Regardless of any Declarant or builder's control of or participation on the Association board of directors or the Committee, this approval is being issued solely by the Committee on behalf of the Association and not by any Declarant, builder or other person or entity, and in no event shall any such other person or entity have any responsibility for this approval or any improvements performed in reliance upon this approval. 12. You are encouraged to complete this project no later than April 9, 2015. If there is a delay in completing the project please notify the Committee through AMS in writing, far- n`�erel i� iQannp Johnson, CMCA0, AAM60, PRAM® Admi rstrator ON BEHALF OF THE COMMITTEE Please sign and return a copy of this letter to the address listed-above, fax to 210- 829 -5207, or scan and return via email to:acc@ams-sa.com. Remember to keep a copy for your records. ACCEPiFD AND ACKNOWLEDGED BY: Homeowner Signature: Date b 1 5:05 1 st Source Digital ITAYDIIAUAMI) E)S/ cl i el. 45 10 P-005/009 ME 0J/i33 7 1:00 op4l0ft 6 .0 oj 1);7 2 . Ift.!0*720z 6ffici! i 126*1029-5297 Fax .* 86&232A386 Toll Free WsW0W ,e,_WW -16 2ic oroam with ...... {Assaciatioir tome), and in lotom6etr[ghtsand vakilesi it-Is-required omer considering improvement of their diaediaid,oroperty incWding, but not 11MIted to, patio covers, decks, mtstoe buiidings, fencing, building ;Od.;on eit., submit the foRoviing informa.Von to the Committee odor to ratio�'inrACk oil` AJL �i nod Mrlove aitt. 'I "Mitt 6Nt tMnPjnVjAMRnt IMS0 rPOLIA-0 410PM**'A a. form to your campuw PAMto completing fields, (tf VW 0 rmt save PRIOR to campletin& It 011 only be for this fielft to dit#IM. MAC us,6101 cannot use the MAC pdf pre,&wet, plame swe document and Open %jjjh-$ Adobejtooer iheft Complete form. 2. Re170mo..fene6rs. ai builders may NVI7 submit request - only the artual home Qwner on record, lntjode . t dheckfor riftWp�.Vneots or.use on -line pa- gment inhere available. (Please do not send orm withvt ­.. ,rd0irgo fees) i 0.h ildino plans, deta-ileddraw1h s, size e improvement, colors atches and photos. fe W .9 --_R.--*MPV-oNhe-off1dA I stte-plall (tro hand- rR" qP, of your prdpeny shofng the exact location . ......... . -easennonj% sd ackA g6d`6 fatAprlM of the home. 6. To to_tk the progress of your At4 request. Re&ter and sign In to your account at > Register or Sign 1.1 > AtCount informutio-o'.t, Arch0aural inquest , FAILIJ111! TO SUSMITTHE REQUIREMENTS P11HO&TOMNST — BU will rosult in DELAY or DENIALof request, The Committee has the -right to request reMovral any improvement IrtitflO Without prior written approval, Exterior impmverri4nt requestors .must review their Ass.ocl.aflorVs dead restrictions (DCCFa) & ACC ffuldellne4 rfor to their IrilVal raquw,.. DCM are available at WM@MW.eeM > Commurfiq Look Up > CornmurilrtV Documents . . ... . . . . . . . . . . . . . . . . . . 'SAVE RV: ftf M W W&If M Wbro, PA V1 ew% M e N...1 SitYlour.Assr�cia�an. ff you asspeiation is not listed in the drop down menu, pl"jiwOWitAMWA.0m > litsourca C;tnImr5, Commuyift Specific Forma or your cornmvnirty poltal page far the community specific forril. ' j Horne Phftft�A E-Mail At _X tapfortof6warig A"Cke6wlin A-Vde of dwelling ff,atRrWST9 to t5ad f6r the !MXW"=At i0beck and 5peelly applicable it 0 1164-colar (A(;ement;--TIup Finish Elwood -Type . I stu�= - toror 13 Iran - "nib War colar A NT-0 - Okir J39ffirdh) ltl war"ark-cotor 0 RockfStane- Color 0 Siding Npqcolur) P 0%)ier (explaio) Lbcflu — 9=06 swxnftd and a list 0?01 building TO: Board of Adjustment rlti�i!� .FTTiTo�"i CASE: BOA 2015 -004 21600 IH -35 N GENERAL INFORMATION: Owner: Tom Libby Applicant: Facility Solutions Group, Nick Harris REQUEST: 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. PUBLIC NOTICE: 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. ITEM SUMMARY: 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, 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. SUBJECT PROPERTY GENERAL LOCATION ZONING AND LAND USE: The property is located at 21600 IH -35 N. Existing Zoning Existing Use General Business (GB) Proposed Restaurant SURROUNDING ZONING /LAND USE: Existing Zoning North Right -of -way South General Business (GB) and Planned Development District (F East General Business (GB) West General Business (GB) Existing Use IH -35 Retail Store Mini Warehouse/ Public Stora Convenience Store with Gas Pu Undeveloped / Vacant CRITERIA FOR REVIEW: 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 ANALYSIS STAFF RECOMMENDATION: Staff recommends denial of BOA 2015 -004. The request for a variance does not comply with all the criteria for granting a variance as presented above. N o o�i s 2' Z 596° Planning Department Recommendation Approve as submitted Approve with conditions* X I Denial * While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC. Attachments: Aerial location map Public hearing notice map Applicant Request Exhibits 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 making a finding of hardship that the variance meets all four of the following criteria. State how your request meets these conditions. of variance request: If-- 12-11V-� ( >� �/,) <I&V 101 vOV ff/--' 1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right commonly enjo ed by other properties in the same zoning district that comply with the same provisions? ❑ Yes © No l 4i//IS r7J 19- "Gerd/ 6lJ z /� ��7l�it// � s %� /J/s` '�i� • �y/ �i1i! i7� 111s1 izli STS- ;17) y7-1 T�) 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? ❑'es ❑ No /Vs NOT // /'C /(� �f17t1.s {�G,�I; UpCly%z' ,�/�fn�' s`��C� Yes C�ila��o 3. Is the bards yip the resu t o the app icant s own acnon or intended or manctal interest. Explain: ��/ %7(%/1/i�%G 1 .��IG'G-` /U�%/!%G/� FAIL 17-46 t,�/l%f t// -'MC�� i?�y� /}�/t// 4. Would granting �tll is variance be detrimental to the public welfare or injurious to the value of property in the vicinity? ❑ Yes ❑'No Preparer's Signature: &,-5k Printed IName: _A /, �(//� / /��,f Date prepared: dWl' 2 7 16- Variance Checklist lh.L•,=,1 10.84) Page 2 of 2 l 1$° Illumination: LED Electrical: .25 amps Power SuPPIY- AmperorANP90-30P1 Ship Weight, Face Details: Laser cut aluminum faces painted charcoal, white illuminated copy and arrow. Optional illuminated gold arch, Available COPY: Enter Exit Welcome Thank You Drive Thru Everbrite, LLC, 315 Marion Ave., South Milwaukee, Wl, 58172 P.- 888-857-4078 F- 877-430-7368 www.everbrite.com L 0— — — — II U54 9 "OS c i 37.41 mm7 _ Ili x r , ,aaracea — Sao:f a , as Hwy ` tRarce:2.r�.a:e, 9 III s «� "'E} r ttra:o^ ,. A _ ara.• craw � f„�� I nf4 a k ' iD:b M0.a•. s- n5. 14.. nvaaam, yJxf :neararenRr:a rm T:.;;• ne.a• ��. Y� L:. � I �4 3 L ate,: ^' -- „_, t_ --..- a,.h• 1 ai4ai Pam: :io�AU. Ctf I Gia q4. .aaaaa:afJa.r:CtYn t �• } �G�. mb5`sn^.CY. nCCCD�At M• a ��N InKntuv- rut :r nCM% C^ fA105YM AtTA.f, f.4.aV �. '103.04 "" amen : t ra.:•aat. ^acasta cent 1 .t..P I {C K �IrsatYra 9a 1= IW.fD'a0. iV3f$If` TAL fAl ctw^AA. Afc.rt:w: CtYO ac „ti "A1,; i r� A � ♦'1.. J.D' iC.O' ^:Y / f ✓' K%IaTt W j ^.�i•n" l� P �u11' 'C1'IIC. t .. . ( cara� i i7a4 Aa: it 9A1.t/�, MTYAma: ttG I541i X, C%NtrMa CR .d t J +tltSC '.9• +*gaAnakama4..k+;.x hum �l:tdmiMdw$S6AtlY6WC4X �s! �, G6x�+ a. Jimut (�AT�+naremrmP75mm6+dsmwnnA: Wbkda i wp SCriEFiZiX 9336S4 - 21600INTMSTATE35N +SCHEFa'gZ73C nT tfaPG MIT 1.M C 'P• =4aT.4.^ nt M; �. • ^^' a' CtCC tZPT Mt'CL'^T L:. � I �4 3 L ate,: ^' -- „_, t_ --..- a,.h• 1 ai4ai Pam: :io�AU. Ctf WIZIM ” ..- ..,r/' aCCa4 � •- "'- `-•� =a cttcmtc C.^!+'t^ r.% :.r:>m cs��9 rr.•AtaYt:aACa xxrr 554'SC'40'V! �. '103.04 "" amen : t ra.:•aat. ^acasta cent �-. —. -- ..� — _ inn4. mu::an4acmac:ti,ume CwnOfxu;; dUlCl?t3NAL3S'S i7i27ii r a'!In'tiarnc 5 � Ln* � +*gaAnakama4..k+;.x hum �l:tdmiMdw$S6AtlY6WC4X �s! �, G6x�+ a. Jimut (�AT�+naremrmP75mm6+dsmwnnA: Wbkda i Ot57GIGUTERBYSITUPCOMPAW }AA�kiFeACt;wtit�arcY SCriEFiZiX 9336S4 - 21600INTMSTATE35N +SCHEFa'gZ73C ' ,n srcur�arr�xs,rraac�sutrn�s wuArcmm:umaxa�# ��oPsD�,,�t.as<,.;��,a1 FIZO r . . . . . . . . . . . . . . . [fly -� elleL technology > Signs constructionserkes City of Schertz Board of Adjustment Reference: Variance request on Section 21.11.14(D) Directional Signs Applicant is seeking a variance to allow an additional (3) directional type signs on the designated property. Currently the code states under (D) Maximum Number- "The maximum number of directional signs permitted within a development shall be based on the square footage of building space constructed within the development. Directional signs shall be permitted at a rate of one (1) sign for every 10,000 square feet of building area". RM=A We the applicant has submitted a permit to allow the one directional sign allowable under code. The building is listed at plus/minus 4,089 square feet. However in reviewing the site and the adjoining roadways and entrances unto the property it was determined to possibly seek a variance to allow additional directional signs for a safer traversing unto the property from the ingress and egress areas that are shown. We would like two on the backside for the travelling public coming unto the development and one on the Eastern side. We have permitted one on the Western side as allowed by code. ;cerely . , XVIII �Xf IA1 Nick Harris Project Manager/Estimator FSG 3003 NE Loop 410, Ste. 130 > SanAntonioTX > 78218 TECL# 17904 > TtSCL# I 8Z1O > Ph.- 210.657.23S7 > Fx: 210.6S7.6760 ■ O Box 12157, Austin, Texas 78711 —I 80OA019 www,ficense.statetx�us/complaints Illumination: LED Electrical: .25 amps Power SuPPIy: Amperor ANP90 -30P1 Ship Weight: Face Details: Laser cut aluminum faces painted charcoal, white illuminated co y and arrow. Optional illuminated god arch. Available Copy: Enter Exit Welcome Thank You Drive Thru Available Height Options. ',,3,6 ";BAH 30" OAH Everbrite, LLG, 315 Marion Ave., South Milwaukee, Wl, 53172 P: 888 - 857 -4078 F. 877- 430 -7363 www.everbrite.com N644-5'05"E _ 6.23' .5000, N59-19'05 "E. _ _ �p`3urYq• I I 26' OUILOVIO WMtK _ YXISTlg6 i� StGN loon RO. 2abtlbGC9BA06 I.tpA} a n25.O• � I � 1fY(!. 9 197.09' _ sbba �` `vb Lv Y' kEt1t00 ftPll 1J3C4P CSM1iT 5..� 39 OAS, CLEC, TUC in. I10. 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TTIIn wnD \ P 1CtbC IY FIiD NttWlt V EX 1573110 IUAk 6GkFGa 6S V, ONE Cl J1 �/ /f- Ci �i /�•i 7— t l�V FOR— 1'— lv V \ 6 ,,� ,_„ � _ P kLtCi NIG E9ttf SaOCG 559'S6�40'1Y 103.09 SOObS LUWP NOO bP Ce0 BSIS aYR) _ThGRfiB$ '- _ _ -{- (OOf 10 7008CUGG0tq$ AIrF ...n•n�nn 30044 --w— w • C c ei•: MCDONALD'S Dale: 11/21/14 PxcpaTed Bq: PKE Eng: X N fa9ovryi I IknM1 d s P^JwEN1��G� I a AJIS'M1edmn1lT11R ymmlwrzm�IvtAn�luplApe{am mPrsYi�dtwNomu�a BNU:m 7— ntso-tsauthwa :t ff DISTRIBUTED BY SIGN UP COMPANY PO BP %21P WatO,town, SD 57n.,O o SIGNXWERS11MACEBY1LOESS 1 (800) 843 -9888 • nm'.peesonn- inaeom E.acavan: SCHERTZ; TX File Name; 133654.21600 INTERSTATE 35 N • SCHERTZX TK TO: Board of Adjustment rlti�i!� .FTTiTo�"i CASE: BOA 2015 -005 21600 IH -35 N GENERAL INFORMATION: Owner: Tom Libby Applicant: Facility Solutions Group, Nick Harris REQUEST: 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. PUBLIC NOTICE: 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. ITEM SUMMARY: 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 facade 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 facade, 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. SUBJECT PROPERTY GENERAL LOCA The property is located at 21600 IH -35 N. Existing Zoning Existing Use General Business (GB) Pr000sed Restaurant C►• Z I III ► ICIFOU I I ► -lD I. North South East West Existing Zoning Existing Use Right- of -wav IH -35 General Business (GB) and Planned Development District (F General Business (GB) General Business (GB) Retail Store Mini Warehouse/ Public Stora Convenience Store with Gas Pu Undeveloped / Vacant CRITERIA FOR REVIEW: 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 wall 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 prevents the business from being properly advertised. 3. The hardship is in no way the result of the applicant's own actions; or iN 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 three (3) wall signs in accordance with the UDC which is the right of all commercial property owners in the City of Schertz. STAFF ANALYSIS STAFF RECOMMENDATION: Staff recommends denial of BOA 2015 -005. The request for a variance does not comply with all the criteria for granting a variance as presented above. Planning Department Recommendation Approve as submitted Approve with conditions* X I Denial * While the Board can impose conditions; conditions should only be imposed to meet requirements of the UDC. Attachments: Aerial location map Public hearing notice map Applicant Request Exhibits o o�i s 2' Z 596° I /�`G /�1 / /�Nc!/ �✓_: % /��/ r/ /, //, G1.!i'� <s fir .r 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 making a finding of hardship that the variance meets all four of the following criteria. State how your request meets these conditions. crii)tion of variance request: /IZAI /ii? /2�/liUl %Z�� l/ s /iyG 70 S /G�l� wit/ 7-/�r�l✓i" 7�Gf= 7�� }l7i�iv, �//7��'"71�� /!- iiirr��iq��ir' s�i�r�� ,���na�,� /a/M1// V 1. Does the requested variance violate the intent of the Unified Development Code or deprive the applicant of right commonly enjo�y by other properties in the same zoning district that comply with the same provisions? ❑ Yes 0 No Explain: L'ici� Gtr/Jl 7ZJ /EGG 0�trffiT7a /�(/ cS G'flC /l7�lG S /�/!/e/J /i/v /I/%� S/ s /t/ClT /?> �k� � •� %7. /f7�L /��;�'l /G � �/r /`%- � "/l��/" /7� >� .���'l�C -�`G� 2. Do special conditions or restricted area, shape, topography, or physical features exist that are irregu ar to the subject parcel of land and not applicable to other- parcels of land in the same zoning districts? ❑ Yes ON o Explain: //(/ /��li/�!%0/VSf� //' 70 — /K,-, T%f� el//61;N1/ - U /L /ZIUT1)12.11v f J 12-fer-- z l / /6.y//UG- lewOiy77 -jrnr' /// /111/O /ll>c,�Utr1-91(12If e,�IiYVGi -SOI2116-- AVP1116e? G /,fir' /Z� Uf4 1W,Y) 3. Is the hardship the result of the applicant's own actions or intended for financial interest? ❑ Yes 0<10 4. Would granting Nils variance be detrimental to the pubfic welfare or injurious to the value of property in the vicinity? ❑ Yes OFNO Preparer's Signature: l �"�' Printed Name: % ` � Z / /,S Date prepared: t/l%/�� / 16- Variance Checklist Page 2 of 2 NON DRIVE-THRU ELEVATION SCALE: 1/8"= l'-O" .-jqp")vrf- D.M: PYepimd By: 11/21/14 PILE TX 1Pile N.— 133654 - 21600 INTERSTATE 35 N - SCHERTZ, TX Lng: X DRIVE-THRU ELEVATION SCALE., 1/8" = 1, O" WWORDMARKe-\ T- 101, I WINDOW POSITION SIGN I ('I ) a Cm.cn Darr. Pmp—d By: F.g-. d DISTRIBUTED BY SIGN UP COMPANY McDONALD'S 11/21/14 PIKE x qm knt lfikuroarcmiem an,pnkpm deih wRnPA5m rc6a demnnn nihu m kmdF 700 21St StTttt SDWYMA Fil. Nam.: A EA NSS fA ff POftxuo WateT own SD Spm-on 133654 - 21600 INTERSTATE 35 N - SCHERTZ, TX SlaffmAlIERS11m.4af B1111BERS 1(800t) 843'9888 - �.persona-incxom ~ FACILITY SOLUTIONS GROUP City Of8Chertz Board CJAdjustment Reference: Variance request QD Section 21.11.8(C) Maximum number VfSigns Applicant is seeking 8variance to allow 8O additional sign 0D the front fagade. Currently the code states that "The maximum number gfsigns permitted for single occupancy o[ single tenant buildings shall bB limited tV one /1\ per wall with a maximum Of three (9) signs. Each sign in excess of the primary wall sign Sh8|| be 8 0oXi0U0 seventy-five percent (75%) 0f the area 8f the primary wall sign. Summary \8/e the applicant has submitted @ sign hlSt8|l8tk]DfOrth8frODtfag@d8ShOVVOg3 diminished allowable square footage however could not iVcO[pD[8t8 into "[]De Sign" as detailed in the sign code. The code would allow Upt0 133 Sq. Feet. We are Dn]pOGiDg k} install G set Of channel letters 2'X18'-7'(33 sq. ft.) and an arch Logo 47"X4R"(14.4 Sq. fl.) for 8 total Qf47.4sq. ft. but into two S8p8n9te signs. Option A shows how we just do the sign according to code just OD the channel letters and Option B just the arch logo. Our proposal would allow only 47,4 square feet verses the allowable 133 square feet @ [gdUCUOD |DOf85Jd square feet. Corporate would not allow Us to incorporate into one sign because of branding issues. Therefore the request is to separate them and show one OOtop of the other but iOG diminished format. Sincerely Nick Harris Project Manager/Estimator FSG 3003 NE Loop 410, Ste. 130 > SanAntonio,TX > 78218 of Ucensin and Re"flon P0 Box 121 Austh Texas 78711 , 4.800M3.9201 —f- 24" 60.96 crn(a� Di e C 161 5VI - 500.38 cm M 15.24 cm E■liffrul W-W-0-19 Illumination: LED Electrical: Mimi-323MMMEM Everbrite, LLC, 315 Marion Ave., South Milwaukee, Wl, 53172 P: 888-857-4078 F- 877-430-7363 www.everbrite.com 48" 121.92 cm Illumination: LED Electrical: .35 AMPS 49" Ballast: (1) OSRAM OT75-120-277-24 106.68 cm Ship Weight: OPTION - "All 22 OPTION - "B" SCALE: go