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  5.B.       
Board of Adjustment
Meeting Date: 04/24/2023  
Submitted By: Samuel Haas, Senior Planner

GENERAL INFORMATION:
Owner: Four Oaks Distribution Center, LLC.
Applicant: Aria Signs & Design
 
REQUEST
Date: Application Type
02/20/2023 Variance Application
PUBLIC NOTICE:
The public hearing notice was published in the "San Antonio Express" on April 5th, 2023. There were seven (7) notices mailed to surrounding property owners on March 30th, 2023. At the time of this staff report, staff has received zero (0) responses opposed, neutral, or in favor.
ITEM SUMMARY:
The property owner at 17670 Four Oaks Lane is requesting a variance to UDC Section 21.11.9 Wall Signs, in order to permit a sign greater than the maximum allowable square footage, as well as additional signs on a multi-tenant building.

Article 11, Section 21.11.9.B states that the maximum allowable square footage for a wall sign on Four Oaks Lane is 80 square feet. The applicant is proposing 2 signs that are each 140 square feet in size.

Article 11, Section 21.11.9.C. states that the maximum number of signs permitted for multi-tenant buildings shall be limited to one (1) per tenant or lease space except for those spaces located on the ends of buildings which may have one (1) additional wall sign to be located on the side wall of the structure and being a maximum of seventy-five percent (75%) of the area of the primary wall sign. In no case shall the number of wall signs permitted for any single tenant within a multi-tenant development exceed a maximum of two (2) signs.

The applicant is proposing one large sign on the primary wall an additional sign on the side wall, and two additional signs for the primary wall above the showroom entrance.

 
UDC Section Currently Allowed Requested Variance Proposal 
Art. 11 Section 21.11.9.B.: Wall Sign Size 80 sq feet  140 feet Due to the property being an industrial building applicant proposes a larger wall sign.
Art. 11 Section 21.11.9.C: Maximum Allowable Signs Multi-tenant buildings allow for 2 total signs. 1 on the primary facade and 1 one the secondary wall. 4 signs The proposed signage would have 3 primary facade signs and 1 secondary wall sign 
SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING:
The property is located at 17670 Four Oaks Lane within the Four Oaks Commercial subdivision.
 
Existing Zoning Land Use
Manufacturing - Light District (M-1) Warehouse/Industrial

Adjacent Properties: 
  Zoning Land Use
North Manufacturing - Light District (M-1) Industrial
South Right of Way Four Oaks Lane
East Planned Development District (PDD) - Garden Ridge Commercial Vacant
West Manufacturing - Light District (M-1) Hotel
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 violate the intent of the UDC or its amendments;
The requested variance does violate the intent of the UDC based on the maximum square footage allowed for a wall sign on an industrial property on Four Oaks Lane. The UDC has wall sign square footage limits for three different classifications of streets: "Areas with Limited Access, Areas with Unlimited Access, and All Other Streets". Four Oaks Lane is considered "All Other Streets" and thus the maximum allowable square footage for a sign is 80 square feet.

The requested variance also violates the intent of the UDC based on the maximum allowable signs for multi-tenant buildings. The request is asking for two additional signs on the primary wall when only one is permitted. The total maximum allowable signs for a multi-tenant building is two (2). One for the primary facade, and one for the secondary wall.

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 that exist on the property. The subject property has similar topography and physical features as other parcels within the same zoning district. The applicant has stated that the size and use of the building is a factor when determining wall signs; however, there are other similar uses and buildings withing the same zoning district that abides by the UDC wall sign requirements.

Other buildings in the same zoning district abut different classifications of roadways. The IH 35 frontage road for example is an "Area with Limited Access" and this has a greater maximum square footage allowed for wall signs. Four Oaks Lane; however, is listed as "All Other Streets".

3. The hardship is the result of the applicant's own actions.
The hardship is the result of the applicant's own actions. The UDC allows for two wall signs, and the maximum square footage for the primary sign is 80 square feet, while the maximum for the secondary sign is 75% of the primary.

4. The interpretation of the provisions in this UDC or any amendments thereto would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that comply with the same provisions.
There are similar uses and buildings within the Manufacturing - Light (M-1) District that abide by the UDC wall sign standards. The interpretation and provisions in UDC Article 11 are commonly adhered to and do not deprive the applicant of any rights that other property owners have.
 
STAFF ANALYSIS AND RECOMMENDATION:
UDC Article 11, Section 21.11.9. has limitations on the maximum allowable square footage for a wall sign on an industrial building that abuts Four Oaks Lane. Due to the classification of roadway, and the property location, staff believes that the UDC requirements are appropriate. The UDC also has clear limitations for industrial buildings with multiple tenants, with only allowing two wall signs. One (1) sign on the primary wall, and another on the secondary wall. The applicant is requesting three (3) total signs on the primary wall for a total of four (4) signs.

This request violates the intent of the UDC and would provide the applicant special privileges that other property owners within the same zoning district do not have. Therefore, staff is recommending denial of the variance request.
Attachments
Aerial Exhibit
Public Hearing Notice Map
Variance Application & Supporting Documents

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