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5.A.
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| Board of Adjustment |
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| GENERAL INFORMATION: |
Owner: PV Schertz, LLC
Applicant: Apex Sign Group/Katlyn Smith
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| REQUEST |
| The property owner of 17975 IH 35 N, Unit B has requested a variance to Unified Development Code Article 11, Section 21.11.12, Multi-Tenant Sign Standards in order to have increased height, increased maximum area, and to remove all masonry requirements for a proposed multi-tenant sign. |
| PUBLIC NOTICE: |
| The public hearing notice was published in the "San Antonio Express" on February 15th, 2023. There were 8 notices mailed to surrounding property owners on February 14th, 2023. At the time of this staff report, staff has received no responses in favor or opposed to the requested variance. |
| ITEM SUMMARY: |
The applicant would like to build a multi-tenant sign shown in the attachments. The sign will be 40 feet tall, with an area of 280 square feet. The top of the sign has an oval Murdoch’s advertisement and logo that is 19 feet 2 inches wide by 11 feet 6 inches in height. Directly below the proposed Murdoch sign are two tenant signs in a single frame that is 10 feet wide by 6 foot tall. The maximum width of the signs is 30 inches. The supporting pole structure would be encapsulated by a black aluminum façade box.
The table below identifies the current Unified Development Code (UDC) requirements for Multi- enant Signs, which is specifically identified in Article 11 Section 21.11.12.
| UDC Section |
Currently Allowed |
Requested |
Why Variance would be required: |
| Art. 11 Section 21.11.12.B: Maximum Height |
20 feet |
40 feet |
Due to the property being adjacent to IH 35 which is classified as "Areas with Limited Access" the maximum height is 20 feet. The proposal is to increase the height of the sign by an additional 20 feet for a total height of 40 feet. |
| Art. 11 Section 21.11.12.C: Maximum Area |
Area shall be equivalent to 1% of the gross building square footage with a maximum of 150 square feet |
280 square feet |
The proposed signage would increase the maximum area by an additional 130 square feet for a total signage of 280 square feet. |
| Art. 11 Section 21.11.12.G: Material Requirements |
All multi-tenant monument signs shall be constructed of masonry material consisting of brick, stone or split face concrete block which shall be consistent in nature with the overall theme of the development. |
No masonry proposed. Aluminum cladding over angle framing- painted black |
The proposed signage does not provide the masonry required per the UDC and instead is proposing to be aluminum painted black. |
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| SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: |
The property is located at 17975 IH 35 N, Unit B in the Garden Ridge Commercial Subdivision
| Existing Zoning |
Land Use |
| Planned Development District (PDD) |
Showroom/Warehouse |
Adjacent Properties:
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Zoning |
Land Use |
| North |
Four Oaks Lane Right of Way |
Right of Way |
| South |
IH 35 Right of Way |
Right of Way |
| East |
General Business (GB) |
Commercial/Retail |
| West |
General Business (GB) |
Commercial/Retail |
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| 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;
The purpose of Article 11 is to recognize the safety, commercial, emergency, and informational needs for signs. Additionally, this Article is intended to enhance property values, maintain aesthetic attractiveness, and promote commercial opportunity in the City. The requested variance does not violate this intent as the increased height and area would assist customers in locating the businesses at this property.
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;
There are no special conditions of restricted area, topography, or physical features that are peculiar to this parcel compared with the parcels in the proximity in the same zoning district.
3. The hardship is the result of the applicant's own actions; or
The applicant is requesting a variance to build a different / larger sign than the UDC allows.
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.
Adjacent properties do advertise with signs that appear taller than 20 feet. However, these signs are single tenant signs. The applicant's sign would be primarily be advertising a single tenant with smaller spaces for products/tenants within the business, therefore the city believes that this provision of the UDC would deprive the applicant of rights commonly enjoyed by adjacent properties. Additionally, the subject property is located on IH 35, which has increased traffic and speed. The increased signage height and area will allow for ease of visibility for customers.
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| STAFF ANALYSIS AND RECOMMENDATION: |
In evaluating the proposed multi-tenant signage staff identified that there is a significant difference between what is permitted for a multi-tenant versus a single tenant (freestanding ground sign). The table below identifies the differences between the two signage designations specifically as it relates to properties along IH 35.
| Multi-Tenant Signage Requirements (Article 11 Section 21.11.12) |
| Maximum Height: |
20 Feet |
| Maximum Area: |
150 Square Feet |
| Material Requirement: |
Masonry required |
| Freestanding Ground Sign (Article 11 Section 21.11.10) |
| Maximum Height: |
50 Feet |
| Maximum Area: |
250 Square Feet |
| Material Requirement: |
No material requirements |
When reviewing the differences between a multi-tenant versus a single tenant / freestanding ground sign it was determined that there are inconsistencies in relation to the height, area, and material requirements. In other words, if the subject property was proposing a single tenant sign they would be allowed a 50 foot tall 250 square foot sign. However, since they are proposing to have spaces for other tenants on the property they are limited to 20 feet and 150 square feet in area. After reviewing this UDC section in relation to this variance request it was discussed at the Development Subcommittee that a UDC amendment should be considered that would modify the Multi-Tenant signage requirements to be in line with what is currently allowed as a freestanding ground sign.
Due to the proposed upcoming Unified Development Code Amendment in relation to signage, staff is recommending approval to increase the allowable height and allowable area to be consistent with the freestanding ground sign requirements. Due to the proposal being for a maximum height of 40 feet, this is recommended for approval by staff. In relation to the proposed area of 280 square feet, staff is recommending the Board of Adjustment only approve a maximum area of 250 square feet which would require the applicant to modify the proposed sign to reduce the overall area by 30 square feet. In relation to the proposal to not provide a masonry material, staff is recommending approval.
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