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Case Number: |
A-18-160 |
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Applicant: |
JD Dudley |
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Owner: |
JD Dudley |
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Council District: |
2 |
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Location: |
1842 North Foster Road |
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Legal Description: |
Lot 1, Block 1, NCB 17983 |
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Zoning: |
“C-3 AHOD” General Commercial Airport Hazard Overlay District |
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Case Manager: |
Dominic Silva, Planner |
Request
A request for a 49’ variance from the maximum 50’ sign height, as described in Section 28-241, to allow a sign to be 99’ tall.
Executive Summary
The subject property is located at 1842 North Foster Road, north of Interstate Highway 10. The applicant is constructing a new Quick Trip gas station and convenience store. The applicant has platted the lot and has a current commercial building permit open. The applicant is seeking to erect a pole sign that is 99’ tall and 464 square feet. The area along Foster and Interstate Highway 10 is a commercialized area that includes restaurants, gas stations, and truck stops catered to the interstate corridor.
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Existing Zoning |
Existing Use |
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“C-3 AHOD” General Commercial Airport Hazard Overlay District |
Vacant |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
Outside City Limits |
Vacant |
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South |
Interstate Highway 10 |
Right-of-Way |
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East |
Outside City Limits |
Vacant |
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West |
“C-3 AHOD” General Commercial Airport Hazard Overlay District |
Truck Maintenance |
Comprehensive Plan Consistency/Neighborhood Association
The property is within the boundaries of the I-10 East Corridor Plan and it is currently designated as Community Commercial in the future land use component of the plan. The subject property is not located within the boundaries of a neighborhood association.
Street Classification
North Foster Road is classified as a Minor Street
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 is seeking to maximize new development of a gas station along the I-10 East Corridor and erect a sign pole to 99’ tall and 464 square feet in area. The applicant states that the increased sign height is necessary to advertise the gas station along the I-10 corridor to safely allow trucks to exit. The proposed site is located above the freeway, giving the site more visibility from a distance traveling west. Traveling from the east, the proposed location is beyond the exit, creating a slight disadvantage in view from this direction.
Although staff understands the need for a tall sign, the location has does not have drastic topographical challenges adjacent to the I-10 that limit visibility. Strict enforcement of the ordinance would allow a sign of 50’ in height; Staff recommends a 65’ tall sign height.
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 area in which the development of the gas station is located caters to interstate travel. Many commercial properties within the area enjoy sign heights above 50’; however, because there are no conditions present that warrant nearly doubling the sign height to 99’, staff cannot support this request.
Staff recommends a 65’ tall sign height that will allow adequate visibility from I-10 corridor travelling from both the west and east.
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, while providing businesses the opportunity to advertise. The proposed property is not located directly at the intersection, removing it from the sign clutter on the corner of North Foster Road. Nevertheless, allowing a 99’ tall sign will have a substantially adverse impact on neighboring properties.
Staff’s recommended 65’ tall sign height allows the property owner to continue advertising along the corridor at an increased height due to the location of the property in relation to the I-10 corridor and view of the proposed sign when traveling west to east.
C. Granting the variance will not substantially conflict with the stated purposes of this article.
Granting the variance substantially conflicts with the state purpose of the Chapter. A sign height of 50’ is allowed by code; however, no challenging topographical disparities are present that warrant nearly doubling the height of the proposed sign to 99’.
Staff notes that there is some room for relief due to the area in which the property is located. As there is some varying differences along the I-10 corridor traveling west to east due to the property situated behind corner lots, as well as adjacent pole signs and structures, staff recommends a 65’ tall sign pole.
Alternative to Applicant’s Request
The applicant must adhere to the height requirements set forth by Section 28-241.
Staff Recommendation
Staff recommends Denial with an Alternate Recommendation of a 15’ variance from the maximum 50’ sign height to allow a sign to be 65’ tall in A-18-160 based on the following findings of fact:
1. The requested 99’ tall sign pole is not necessary due to the relatively flat topographical landscape along I-10; and;
2. The request does not observe the spirit of the ordinance, and;
3. No conditions are present that warrant a 99’ sign; however, the height does require some relief due to the adjacent I-10 corridor. A 15’ variance to allow a sign height to be 65’ still allows adequate space to advertise and still observes the spirit of the ordinance.