Case Number: |
A-15-073 |
Applicant: |
Brown & Ortiz, PC |
Owner: |
Walmart Real Estate Business Trust |
Council District: |
10 |
Location: |
3175 Nacogdoches Road |
Legal Description: |
Lots 10 & 12 & SW IRR 296.14 feet of NE IRR 471.50 feet of Lot 11, NCB 12103 |
Zoning: |
"C-2 AHOD" Commercial Airport Hazard Overlay District |
Prepared By: |
Logan Sparrow, Planner |
Request
A request for a twelve foot variance from the minimum 150 foot spacing requirement, as described in Section 28-241(c)(1), to allow two signs to be 138 feet apart.
Executive Summary
The subject property is located at 3175 Nacogdoches Road at the northeast corner of the Nacogdoches Road and MacArthur View. The applicant is seeking a variance to allow two signs to remain with spacing between them of 138 feet. Chapter 28 stipulates that on premise signs must maintain 150 foot spacing between each sign. The variance is necessary because, should a literal enforcement of the 150 foot spacing apply, the second sign on the lot would be located on top of existing utility lines and easements. As the request is only for an eight percent variance from the requirement, staff finds that the request is reasonable.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"C-2 AHOD" Commercial Airport Hazard Overlay District |
Retail Store |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"C-2 AHOD" Commercial Airport Hazard Overlay District |
Retail Store |
South |
"O-2 AHOD" High Rise Office Airport Hazard Overlay District |
Professional Office |
East |
"C-2 AHOD" Commercial Airport Hazard Overlay District and "C-3 AHOD" General Commercial Airport Hazard Overlay District |
Office Space |
West |
"C-3 AHOD" General Commercial Airport Hazard Overlay District and "C-3 R AHOD" Restrictive General Commercial Airport Hazard Overlay District |
Retail Pharmacy |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the San Antonio International Airport Vicinity Plan and designated as Community Commercial future land use. The subject property is located within the boundaries of the Forest Oak registered neighborhood association. As such, the neighborhood association was notified and asked to comment.
Criteria for Review
Pursuant to Section 28-247 of Chapter 28: Signs and Billboards of the City Code, in order for a variance to be granted, the applicant must demonstrate:
1. The variance is necessary because strict enforcement of this article prohibits any reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscaping, or topography; or
2. A denial of the variance would probably cause a cessation of legitimate, longstanding active commercial use of the property; and
Considering the unique features of this site, a literal enforcement of the ordinance, making the applicant relocate the sign to 150 feet from the other, would be contrary to the public interest as it would be located on top of existing utility easements. Additionally, the property is subject to a Sign Master Plan which has already removed several signs in lieu of a cleaner, less clustered multi-tenant sign model. If not for the Sign Master Plan, the request would be permitted by right as the second sign in located on a different lot. The Sign Master Plan essentially removes lot lines within the development and treats the area as one large parcel.
3. After seeking one or more of the findings set forth in subparagraphs (1) and (2), the Board finds that:
A. Granting the variance does not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated.
Unlike similarly situated properties, the subject property contains a unique situation in that existing utility easements mandate a relocation of the second sign on the property. Placing the sign within these easements bars access for utility maintenance. A literal enforcement of the ordinance constitutes a severe, unnecessary hardship. Allowing the applicant to relocate the secondary sign 138 feet from the first to avoid utility easements does not grant a privilege not enjoyed by others.
B. Granting the variance will not have a substantially adverse impact on neighboring properties.
The ordinance intends to protect the public from over-crowding of signage, and provides businesses opportunity to advertise. The property in question has utility easements that run along the location where the second sign would be located, without the variance. By granting the variance, businesses will be able to adequately advertise without compromising access for utility companies to maintain utility lines. The requested variance is not likely to harm the use of adjacent property, especially considering that the multi-tenant signage advertises for several adjacent properties.
C. Granting the variance will not substantially conflict with the stated purposes of this article.
The requested variance does not conflict with the stated purpose of this chapter as the request is a minor deviation from the requirement so that a sign does not create a barrier to adequate utility maintenance. Additionally, an eight percent variance from the 150 foot spacing requirement, equally only twelve feet, is hardly noticeable to passersby.
Alternative to Applicant's Request
The applicant needs to establish a means by which the two signs are spaced 150 feet apart.
Staff Recommendation
Staff recommends APPROVAL of A-15-073 based on the following findings of fact:
1. |
The requested variance seeks only an eight percent deviation from that mandated in the code; |
2. |
A literal enforcement of the code would create a barrier to the maintenance of utilities, allowing the applicant to keep the signs at 138 feet apart protects utility easements and does not grant a right not enjoyed by others. |
Attachments
Attachment 1 - Notification Plan (Aerial Map)
Attachment 2 - Plot Plan (Aerial Map)
Attachment 3 - Site Plan
Attachment 4 - Site Photos