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5.A.
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| Board of Adjustment |
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| GENERAL INFORMATION: |
Owner: Schertz RE Company LLC
Applicant: Keller Custom Signs |
| REQUEST |
Keller Custom Signs, on behalf of Health Texas, has requested a variance to Unified Development Code Article 11 - Signs, specifically in relation to Section 21.11.9.C. Maximum Number of Signs, which requires 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 requested variance is in order to allow the sign that is in excess of the primary wall sign, the secondary sign, to surpass the maximum seventy-five percent (75%) sign area allowed. Ultimately, if approved, the variance would allow the secondary wall sign to have the same area as the primary sign. |
| PUBLIC NOTICE: |
| The public hearing notice was published in the "San Antonio Express" on February 14, 2024. There were 6 notices mailed to surrounding property owners on February 13, 2024. At the time of this staff report, staff has received 0 responses. |
| ITEM SUMMARY: |
The applicant, Keller Signs, submitted a sign permit for 6050 FM 3009, on August 14, 2023 for two (2) wall signs, and one (1) freestanding sign. The submitted sign plans demonstrated dimensions for two proposed wall signs with the same dimensions. The permit was reviewed, approved, and issued on August 15, 2023 with the two proposed wall signs showing the same dimensions and ultimately the same sign area.
The subject property, 650 Roy Richard, also known as 650 FM 3009, is zoned General Business District (GB), is located immediately adjacent to FM 3009, and is a single tenant building. The proposed wall signs fall under the restrictions of Unified Development Code (UDC) Article 11, Section 21.11.9- Wall Signs. Since the sign is located immediately adjacent to FM 3009, the maximum area of the primary wall sign is restricted to the maximum allowed in "areas with unlimited access," which is 12% of the facade area or 125 square feet, whichever is less, as per UDC Section 21.11.9.B. The proposed primary wall sign was demonstrated on the sign plans as being approximately 92.87 square feet in area and complies with the UDC.
Unified Development Code Section 21.11.9.C- Maximum Number of Signs, stipulates that the maximum number of signs permitted for single occupancy or single tenant buildings shall be limited to one (1) per wall with a maximum of three (3) signs and each sign in excess of the primary wall sign shall be a maximum of seventy-five percent (75%) of the area of the primary wall sign. The second wall sign shown in the sign plans submitted should have been seventy-five percent (75%) of the area, of the 92.87 square feet of the primary wall sign, thus the secondary wall sign should have been approximately a maximum of 69.65 square feet in area.
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Allowed Maximum Sign Area |
Actual Sign Area |
| Primary Sign |
Areas with unlimited access are restricted to a maximum sign area that is 12% of the facade area or 125 square feet, whichever is less. |
92.87 square feet |
| Secondary Sign |
Single occupancy or single tenant shall be limited to one (1) sign per wall with a maximum of three (3) signs. Each sign in excess of the primary wall sign shall be a maximum of seventy-five percent (75%) of the area of the primary wall sign. In this case, the maximum allowed sign area of the secondary sign should be 75% of 92.87 square feet, which is 69.65 square feet. |
92.87 square feet |
In the supporting documentation provided by the applicant, they stated that they were issued a sign permit, they manufactured and installed the signs, as per their issued sign permit, and were notified after installation of its non-compliance with Unified Development Code Section 21.11.9.C.
Although the applicant did submit a sign permit, received approval of the sign plans, and installed them per the issued sign permit, they had not yet requested their final sign inspection, nor has the permit been closed. The Building Inspections Division received notification that both signs at the development looked to be the same size. After this was brought to their attention, the Building Inspections Division conducted a courtesy inspection on January 3, 2024 to inspect the sizes of the signs. With confirmation that both signs were the same size, the applicant was contacted about the situation on January 9, 2024 and were given the option to remove the secondary sign and replace it with a smaller one that meets the Unified Development Code, or apply for a variance. |
| SUBJECT PROPERTY GENERAL LOCATION, LAND USE AND ZONING: |
The property is located at 650 Roy Richard.
| Existing Zoning |
Land Use |
| General Business District (GB) |
Medical Office |
Adjacent Properties:
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Zoning |
Land Use |
| North |
General Business District (GB) |
Vacant |
| South |
General Business District (GB) |
Vacant |
| East |
Apartment/Multifamily District (R-4) |
Merrit Lakeside Senior Apartments |
| West |
Right of Way |
FM 3009/ Roy Richard |
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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;
Unified Development Code Article 11- Signs, states the purpose and intent of Article 11 is to protect the health, safety, and welfare of the citizens by regulating the location, construction, duration, size, height, installation, and maintenance of all signs within the City of Schertz. Although the built and installed secondary sign located at 650 Roy Richard exceeds the maximum allowed sign area, it does not diminish the intent of Article 11 to protect the health, safety, and welfare of the citizens of the city.
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 for 650 Roy Richard that are not applicable to other properties in the same zoning district.
3. The hardship is the result of the applicant's own actions; or
The hardship is the result of the applicant's own actions. The applicant submitted a sign permit with the incorrect maximum sign area for the secondary sign. However, during the review process for the Sign Permit and permit issuance, the City of Schertz Building Inspections Division did not identify that the second sign was the same dimensions and the same area as the primary sign or correct the secondary sign to the required allowed 75% maximum sign area of the primary sign area.
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.
The applicant did submit plans that did not conform with the UDC requirements of Article 9- Signs, but since the City of Schertz issued the permit without identifying the error and correcting it, the applicant manufactured and installed the sign as permitted in their issued sign permit. If the requested variance is not approved, the applicant would need to remove the sign that was manufactured and installed as per the approved sign permit issued by the City of Schertz. Allowing this variance does not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. |
| STAFF ANALYSIS AND RECOMMENDATION: |
The City of Schertz Building Inspections Division understands and acknowledges their oversight of this sign area error. To prevent sign permits from being issued without Article 11 compliance, there has been additional staff training on sign permits and internal training documents created to ensure compliance with Article 11 when staff is reviewing and issuing future sign permits.
Based on the sign plans being submitted with the error in maximum sign area, the issue not being identified during plan review, and the sign permit being issued with the error, and the signs being installed per the issued sign permit, staff recommends approval of the requested sign variance to allow the secondary sign to be the same area as the primary sign for 650 Roy Richard with an area of approximately 92.87 square feet. |
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