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HomeMy WebLinkAbout04/20/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS Apri120, 1999 6:00 P.M. • C7 MEMBERS PRESENT: Chairman Alexander, Happ, Hill, Warren & Alternate Member Bailey. MEMBERS ABSENT: Board Member Murphy, Alternate Members Searcy, Lanier, Hausenfluck & Lewis. STAFF PRESENT: Senior Planner McCully, Staff Assistant Grace, Assistant City Attorney Robinson. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Alexander called the meeting to order and explained the functions of the Board. AGENDA I'T'EM NO. 2: Approval of minutes from the Apri16, 1999 Meeting. Ms.Warren made the motion to approve the minutes as presented. Happ seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration of a sign variance for the height requirement to allow a new 50' sign. Applicant is Signko, Inc. for Allen Honda. Senior Planner McCully presented the staff report and stated that the applicant proposes to construct a SO' overall height freestanding sign to increase the visual impact of the existing sign. The property is located at the corner of Southwest Parkway and the SH-6 East Bypass. The applicant states that the overpass on SH-6 at Southwest Parkway blocks the view of the sign if installed to present location codes. The applicant offers the loss of site identification from the adjacent SH-6 East Bypass and significant loss of revenue due to an inability to effectively compete with competitors as potential hardships. The proposed sign will be placed 190' from the pavement edge on the first travel lane of Highway 6. This setback would allow the new sign to be 35' above that pavement elevation, for a total overall height of 25' (the ground elevation under the sign is 10' higher than the pavement elevation on SH-6). The applicant wants to construct a 50' overall height pylon sign. Thus the applicant is requesting a sign height variance request of 25'. Ms. McCully handed to the Board Members copies of Table I (Allowable Heights for Freestanding Signs) from the Zoning Ordinance. Ms. McCully told the Board that a sign's permitted height is a function of the distance to the street curb or pavement edge and in this case it would be pavement edge. Ms. McCully stated that the further away a sign is the higher it can be. The table shows that a sign can be of a height that is approximately one half of its distance to the roadway. In this case, because the sign is located 190' back, it may be 35' above the curb on I-i'ighway 6. ZBA Minutes April 20, 1999 page 1 ojS Ms. McCully handed the Board copies of a topographical map showing elevations above sea level. The existing sign is shown. Ms. McCully explained that the base of the existing sign is 274' above sea level, • the curb elevation on Hwy-6 is 264', which is 10' lower than the ground elevation under the sign: The sign regulations stipulate that the sign height must be measured from the curb or pavement edge from which the setback is measured m this case. Because the pavement on the mam lane of Hwy-6 is 10' below the ground under the sign, the overall height of the sign is permitted to be 25', for a total height above Hwy 6 of 35'. The existing sign is 35' overall height, and therefore exceeds the sign regulations by 10'. Ms. McCully stated that she is not sure why that happened but her guess would be that at the time the sign was permitted it was installed close to the end of the completion of the project. Ms. McCully stated that in most areas of College Station there are not a lot of elevation differences and that was perhaps over looked at the time of permitting the sign. Ms. McCully stated that there is a provision in the sign regulations that would permit a 50' sign so there is an alternative available to the applicant. This would be permissible under three conditions: 1) that the site is zoned C-1, 2) the site is located along the Bypass, and 3) the sign is set back 100' from the property line. Ms. McCully stated that the applicant meets the first two conditions but does not wish to move the sign back 100' . Ms. McCully handed to the Board Members pictures of the site traveling both directions on Southwest Parkway and on the frontage road. Chairman Alexander opened the public hearing and asked anyone wanting to speak in favor of the request to come forward. • Mr. C.J. Allen, the owner stepped forward and was sworn in by Chairman Alexander. Mr. Allen stated that the facility was built 14 years ago and at that time Southwest Parkway did not extend across the highway. Southwest Parkway met the frontage road and the traffic on the frontage road ran north and south. Mr. Allen told the Board that when the Southwest Parkway overpass was built, a lot of fill dirt was added to give the overpass the desired height. The present sign looks now as if it was erected in a hole due to the height of the overpass. Mr. Happ asked Mr. Allen what the present height of the verbiage on the sign is right now. Mr. Allen answered that the letters are about 6' tall. Chairman Alexander asked if there was anyone else to speak in favor of the request. With no one stepping forward Chairman Alexander asked for anyone wanting to speak in opposition of the request. With no one stepping forward Chairman Alexander closed the public hearing. The Board continued discussions. Dr. Bailey moved to authorize a variance to the sign regulations from the terms of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not generally found within the city: because of the bridge built over SH-6, and thus blocking view of the intersection and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: the allowed height sign is not visible from the south, thus creating a hardship for the business owner; and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: sign shall be permitted as long as a car dealership occupies the location. With no second, the motion died. ZBA Minutes April 20, 1999 page 2 ojS After discussions among the Board, Dr. Bailey reintroduced the positive motion as originally stated. Mr. Happ seconded the motion. Mr. Happ made the motion to amend the main motion adding the following limitations: sign shall be permitted as long as it does not exceed 35'. Ms. Warren seconded • the amended motion. The Board discussed the main motion and the effect the amendment would have. The amended motion was read in its entirety. The Board voted (4-1). Dr. Bailey voting against the amendment. The motion was read in its entirety. Dr. Bailey made the motion to authorize a variance to the sign regulations from the terms of this ordinance as it will not be contrary to the public interest due to the following special conditions not generally found within the city: because of the bridge built over SH-6, and thus blocking view of the intersection; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: the allowed height sign is not visible from the South, thus creating a hardship for the business owner; and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: sign shall be permitted as long as it does not exceed 35 feet. Ms. Warren seconded the motion, which passed (4-1). Dr. Bailey voting against. AGENDA ITEM: NO. 4: Consideration of a variance to allow an additional free standing sign at 1403-1409-B Harvey Road. Applicant is Robert L. Burdick. Senior Planner McCully presented the staff report and told the Board that the applicant wants to • construct an additional freestanding sign to allow four small businesses visibility. This property is part of a strip shopping center containing an E-Z Mart convenience store and four small businesses. One freestanding sign exists for this commercial plot; it is currently located on the west side of the property and is solely used to advertise E-Z Mart. The Zoning Ordinance allows one freestanding sign per building plot in C-1 districts. Therefore, this shopping center is allowed one freestanding sign. The building sits back 90' from the Harvey Road curbline. The applicant states that the businesses immediately to the east, Kwik Car and Kwik Brake, are set back only 55'. Thus, the car shops block the view of the businesses when driving west on Harvey Road. The applicant is requesting a variance to allow a second freestanding sign. Ms. McCully showed the Board pictures of the strip center traveling east and west on Harvey Road. Ms. McCully stated that the E-Z Mart sign is non-conforming in terms of height and area due to it being placed before the sign ordinance came into effect. Chairman Alexander opened the public hearing for those wanting to speak in favor of the request. Robert L. Burdick, the applicant stepped before the Board and was sworn in by Chairman Alexander. Mr. Burdick stated that the businesses there need more exposure for them to be seen. Ms. Warren asked Mr. Burdick if the tenants have looked into signs that would be more contrasting. Mr. Burdick stated that they have tried that. The signs are not visible from Harvey Road. ZBA Minutes April 20, 1999 page 3 ojS Michael Scott Champ, a tenant stepped before the Board and was sworn in by Chairman Alexander. Mr. Champ stated that he does not see any options considering the lease the previous landlord had signed with E-Z Mart that is binding Mr. Burdick at this time. Mr. Champ stated that he and the other tenants aze only allowed a sign on the facade of the building. Mr. Champ told the Boazd of past experiences dealing with E-Z Mart on various issues that had not been successful. Therefore, it is believed that this being of greater magnitude it would not be successful either. Mr. Champ ended by telling the Board of his customers' difficulties in finding his business. Beatrice Smith, a tenant stepped before the Board and was sworn in by Chairman Alexander. Ms. Smith told the Board that she has been at this location for 3 yeazs. Ms. Smith stated that she has customers telling her often that they would not have known that her business was there if they had not been referred. Ms. Smith described to the board the 3 signs for her business as a lighted sign on the facade, one over her door and one under her door. Ms. Smith told the Board that is still not enough to be seen. Ms. Warren asked Ms. Srnith if the tenants have gotten together and made any decision on what would be on the proposed sign. Would it be the name of the center or the individual business names. Ms. Smith replied that Mr. Burdick has talked to the tenants individually and she thinks it would be nice to have a name for the center. Ms. Smith stated that it would make it easier for giving directions. Lyndi Campbell, a tenant stepped before the Board and was sworn in by Chairman Alexander. Ms. Campbell told the Board that she agreed with Ms. Warren that it would not hurt to have more outstanding signage, but with the traffic on Harvey Road and the new traffic sign, motorist are busy watching traffic. Ms. Campbell stated that it would be much nicer to have something more easily seen. • Ms. Campbell told the Boazd that she has been in this location for two yeazs and she is always having customers telling her that they drive down Harvey Road everyday and they did not know that she was there. Mr. Hill asked Ms. Campbell if the freestanding sign was granted where would it be placed. Ms. Campbell referred that question to Mr. Burdick. Mr. Happ asked Ms. Campbell if E-Z Mart has been approached concerning redesigning their sign to include the other businesses. Ms. Campbell referred that question to Mr. Burdick. Mr. Burdick stepped back before the Board. Mr. Burdick stated that the new freestanding sign would be placed in the middle of the property. Mr. Burdick stated that he has not approached E-Z Mart concerning remodeling the sign. Mr. Burdick added that since the E-Z Mart sign is non-conforming he did not see E-Z Mart wanting to change it. Dr. Bailey asked how close would the propose.? sign be in relation to the E-Z Mart sign. Mr. Burdick replied it would be abou± ?5'. Ms McCully corrected that to be 85'. Mr. Happ asked Ms. McCully what size sign would be allowed. Ms. McCully stated that they would be allowed a 100-sq. ft. sign based on the frontage. The height could potentially be a 10' - 15' sign. Mr. Burdick told the Boazd that he hoped to make the new sign a marquise type sign. r~ ZBA Minutes Apri[ 20, 1999 page 4 of S Mr, Happ asked Mr. Burdick if E-Z Mart would change the sign if a variance were given to authorize the changes. Mr. Burdick answered that he has not asked E-Z Mart that question. Mr. Burdick stated that he felt that E-Z Mart would not want the added costs. Mr. Burdick added what would be their incentive to change the existing sign. Mr. Happ suggested to Mr. Burdick if he was going to the expense of a freestanding sign with 100 sq. ft., to remodel the existing sign and ask for a variance would not cost any more then putting up the new freestanding sign. Mr. Happ stated he felt that E-Z Mart would consider that since they would be getting a brand new sign. Mr. Champ stepped back before the Board and asked if Mr. Burdick is not successful in convincing E-Z Mart to adjust the sign, the variance then would have to go above and beyond where the existing sign is in non-compliance now to satisfy all the tenants. If the existing sign now were 50% above the stated allowance, they would have to go above that so there is not a reduction in size. Mr. Alexander stated that it is his understanding that Mr. Happ was suggesting asking for a variance of what exists now. Mr. Champ asked would it be going above 200'. Mr. Alexander answered that it would be keeping what is there now that is in non-compliance. Mr. Champ stated that would cause a reduction in sign space if they stayed with the current si - e even though it would be a 100% variance on the current standard. M;-. Champ stated that he did not see that as a way to entice E-Z Mart to do that. Mr. Alexander stated that the landlord could then come back for a larger variance. Mr. Happ told Mr. Champ that the options that are available are to redesign the sign within the 200 sq. ft. with the all tenants included or come back before the Board and ask for a larger variance, larger then 200 sq. ft. that would include all tenants. Chairman Alexander referred Mr. Champ to talk to city staff concerning other options for acquiring a variance. Ms. Warren made the motion to table the issue so the applicant could contact the E-Z Mart • representatives concerning the dzsire to have one sign designed for the entire center which would include all tenants. Mr. Happ seconded the motion, which passed (5-0). AGENDA ITEM N0.4: Adjourn. Mr. Hill made the motion to adjourn. Mr. Happ seconded the motion, which passed (5-0). ATTEST: Staff' Assistant, eborah Grace • O Chairman, Dav sander ZBA Minutes Apri[ 20, 1999 page S ojS ~ ! . ZONTi~iG BOARD OF~ADJUSTMEN'T , FORMAT FOR POSITIVE MOTION I .' Variance to Sign Regulations: From Section 12, Ordinance Number 1638. I move to authorize a variance to the sign regulations from the terms of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not generally found within the City: and because a strict enforcement of the provisions of the ordinance would result in s~u~bs~tantial hardship to this applicant being: and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: Motion made by ~~~~ ~: Motion Seconded by Voting Chair Date - 7- ~-.,~ - ~~ r sx~~sseooc Zoning Board of Adjustment Guest Register ~~~ • ' Date `t~?('~ \ ~. ~~ _ Naive Address 2. ~ ~~ C~ ~~ ~~~ ~`~ ~ cs 3. 4. 5. _ 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.