Case Number: |
A-15-063 |
Applicant: |
AM Signs & LED |
Owner: |
Colonnade Retail LTD. |
Council District: |
8 |
Location: |
9837 IH 10 W |
Legal Description: |
SW IRR 364 ft of Lot 4, NCB 14978 |
Zoning: |
"C-3 AHOD" General Commercial Airport Hazard Overlay District |
Case Manager: |
Margaret Pahl, AICP Senior Planner |
Request
A request for a 7 foot variance from the minimum 200 foot spacing between two signs in an Urban Corridor, as described in Chapter 28-220, to allow 2 signs which are 193 feet apart.
Executive Summary
The subject property is a 6.8 acre multi-tenant commercial shopping center with over 70,000 square feet of tenant space originally constructed in 1982. As expected, the tenants have changed several times. The original signage has likely been on the site for many years. The subject sign was originally built in a landscaped node which defines parking stalls. It is currently 193 feet from the original multi-tenant sign, making both signs legally non-conforming. The Urban Corridor provisions of the sign code were added in August of 1992, with the adoption of Ordinance #76,381, requiring the additional spacing between signs. "Face changes" are permitted in legally non-conforming signs, but the original cabinet must remain to retain the legal non-conforming status. In this case, the installation crew changed out the entire cabinet, triggering the need for the variance. All other provisions of the sign are consistent with the minimum standards in the Code. Though the sign identifies two separate restaurants, the code requires three to qualify for multi-tenant allowances. Nevertheless, even as a single-tenant sign, it is under the maximum sign height of 50 feet at 42 feet tall and less than the maximum allowed sign area of 350, with 280 square feet.
Subject Property Zoning/Land Use
Existing Zoning |
Existing Use |
"C-3 AHOD" General Commercial Airport Hazard Overlay District |
Multi-Tenant Shopping Center |
Surrounding Zoning/Land Use
Orientation |
Existing Zoning District(s) |
Existing Use |
North |
"C-3 AHOD" General Commercial Airport Hazard Overlay District |
Office |
South |
"C2 AHOD" General Commercial Airport Hazard Overlay District |
Hotel |
East |
"C-3 AHOD" General Commercial Airport Hazard Overlay District |
Grocery |
West |
"C-3 AHOD" General Commercial Airport Hazard Overlay District |
Bank |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the North Sector Plan, and designated as Mixed Use Center land use. The subject property is located within the boundaries of Vance Jackson, a registered Neighborhood Association. As such, they were 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
The applicant states that the restaurant is a major commercial franchise entering the San Antonio market for the first time. The sign as installed is the same size as the previous sign cabinet, and consistent with sign allowance for height and size. The location of the sign is based on the overall design of the parking and internal circulation within the site and only a few feet short of the minimum spacing required. Relocating the sign infrastructure to the required distance is impossible due to site topography, making the variance necessary.
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.
The applicant asserts that the sign is the same size as the other restaurant located next door. Indeed the two signs are exactly the same rectangular shape and share the free-standing pole. The two signs combine in square footage to less than the amount allowed for a single tenant sign. In addition, if the lot were platted as a separate parcel, the sign would also be permitted.
B. Granting the variance will not have a substantially adverse impact on neighboring properties.
Since the sign has been in the same location for over 30 years, it is unlikely that the variance will have a substantial adverse impact on neighboring properties.
C. Granting the variance will not substantially conflict with the stated purposes of this article.
The legislative purposes of the adopted sign regulations are to provide minimum standards to protect the general public by regulating the design, construction, location, use and maintenance of out-door advertising signs. The requested variance is minimal in nature and will not conflict with the purpose of the regulations.
Alternative to Applicant's Request
The applicant must relocate the sign to the next landscape area within the parking lot.
Staff Recommendation
Staff recommends APPROVAL of the requested sign variance requested in A-15-063 based on the following findings of fact:
1. |
That the variance allows the existing sign infrastructure to remain in the landscaped area, created to serve that purpose. |
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