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Case Number: |
A-16-130 |
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Applicant: |
Larry Gottsman |
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Owner: |
Wendy’s of San Antonio and San Antonio Taco, LLC |
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Council District: |
10 |
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Location: |
17822 Bulverde Road and 17702 Bulverde Road |
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Legal Description: |
Lot 10, Block 10, NCB 17728 and Lot 8, Block 10, NCB 17728 |
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Zoning: |
“C-2 PC-1 ERZD” Commercial Bulverde Road Preservation Corridor Overlay Edwards Recharge Zone District |
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Case Manager: |
Logan Sparrow, Senior Planner |
Request
A request for a variance from the “PC-1” Bulverde Road Preservation Corridor design standard that requires that the support structure of a pole sign must be encased in approved materials that match or compliment the primary structure.
Executive Summary
The subject property is located approximately 400 feet north of the Bulverde Road and Loop 1604 frontage road intersection. The applicant is seeking a variance from the “PC-1” Bulverde Road Preservation Corridor design standards that requires that the support structure of a pole sign must be encased in approved materials. The materials used to encase the support structure must be permitted and should be similar to or compliment the materials used on the primary structure. In this case, the Taco Bell building uses stone and stucco; these are approved materials that the pole could be encased in. For Wendy’s, the building is built using both stone and brick; either could be used to encase the support structure.
The subject property was included in a previous variance request case which modified a Sign Master Plan to allow signage to be less than the required 200 foot spacing apart. The Board approved the variance request to allow several signs to be 150 feet from one another.
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Existing Zoning |
Existing Use |
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“C-2 PC-1 ERZD” Commercial Bulverde Road Preservation Corridor Overlay Edwards Recharge Zone District |
Food Service Establishment |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-2 PC-1 ERZD” Commercial Bulverde Road Preservation Corridor Overlay Edwards Recharge Zone District |
Retail |
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South |
“C-2 PC-1 ERZD” Commercial Bulverde Road Preservation Corridor Overlay Edwards Recharge Zone District |
Bank |
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East |
“C-2 ERZD” Commercial Edwards Recharge Zone District |
Vacant |
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West |
“C-3 PC-1 ERZD” General Commercial Bulverde Road Preservation Corridor Overlay Edwards Recharge Zone District |
Vacant |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan and designated as Suburban Tier in the future land use component of the plan. The subject property is not located within any neighborhood association.
Criteria for Review
According to Section 35-482(e) of the UDC, in order for a variance to be granted, the applicant must demonstrate all of the following:
1. The variance is not contrary to the public interest.
The public interest is defined as the general health, safety, and welfare of the public. In this case, the public interest is represented by design standards to preserve the character of the Bulverde Road corridor. The “PC-1” Bulverde Road Preservation Corridor District was enacted in 2010, following the adoption of Ordinance 2010-06-17-0576. The Ordinance states that the corridor “is an amenity and asset of great value to the City, its inhabitants, its visitors and its economy”. Development within this corridor is required to meet increased design standards to protect those unique characteristics.
The public interest is protected by this design standard because it enhances the character and quality of development within the preservation corridor. Staff finds that the request is contrary to the public interest.
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.
Staff is unable to establish a special condition that warrants the elimination of the design standard. The applicant states that they had a sign master plan approved in 2008, two years prior to the adoption of the Bulverde Road Preservation Corridor. The sign master plan allows the applicant to rearrange the location and spacing of signage, which a variance was already obtained in 2014. The Sign master Plan does not exempt the subject property from the zoning and design requirements established by the Bulverde Road Preservation Corridor. The Sign Master Plan is not a unique condition that warrants the elimination of the design standards. Enforcing the standard would not result in an unnecessary hardship.
3. By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.
Granting the requested variance will not result in substantial justice. City Council adopted the overlay district to protect the scenic terrain and natural areas along the corridor and “to preserve, enhance and perpetuate the value of roadway corridors through the adoption of area-specific site and building design standards”. Granting the variance would directly conflict with the spirit of the ordinance.
4. The variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.
The requested variance will not authorize the operation of a use on the subject property other than those specifically permitted in the “C-2 PC-1 ERZD” Commercial Bulverde Road Preservation Corridor Overlay Edwards Recharge Zone District.
5. Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.
The requested variance will alter the essential character of the district. No other variances have been requested or granted for other signs in the area.
6. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.
The design standard is a special condition for the district in which the property is located. Staff is unable to establish any unique circumstance that warrants the elimination of the design standard.
Alternative to Applicant’s Request
The applicant can comply with the design standard like other signs along the corridor.
Staff Recommendation
Staff recommends DENIAL of A-16-130 based on the following findings of fact:
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1. |
The Bulverde Road Preservation Corridor calls for additional design requirements to protect and enhance the corridor; |
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2. |
Staff can find no special condition or unique circumstance that warrants the granting of the requested variance. |