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Case Number: |
A-15-160 |
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Applicant: |
Doggett Freightliner of South Texas, LLC |
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Owner: |
Doggett Freightliner of South Texas, LLC |
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Council District: |
2 |
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Location: |
8700 IH 10 East |
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Legal Description: |
Lot 2, Block 1, NCB 17997 |
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Zoning: |
“I-1 AHOD” Industrial Airport Hazard Overlay District |
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Prepared By: |
Margaret Pahl, AICP Senior Planner |
Request
A request for a 22 foot variance from the minimum 150 ft spacing, as described in Section 28-241(c)(1), to allow two signs to be 128 feet apart.
Executive Summary
The subject property is located in the eastern section of the City, along the IH 10 East truck corridor. There are several businesses in the area designed to support the interstate trucking industry, including truck stops, truck repair, leasing and sales. The applicant has one such business which sells and repairs semi-trucks. The 8.2 acre site includes a 36,000 square foot building and signage which displays the brand names of their products but no sign which identifies the business name. The ideal location on the corner of their site along the freeway is only 128 feet from another sign, so they are requesting a variance.
Subject Property Zoning/Land Use
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Existing Zoning |
Existing Use |
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“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Truck Sales and Repair |
Surrounding Zoning/Land Use
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Orientation |
Existing Zoning District(s) |
Existing Use |
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North |
“C-3 AHOD” Commercial Airport Hazard Overlay District |
Convenience Store w Gas |
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South |
OCL |
Vacant |
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East |
“C-3 AHOD” Commercial Airport Hazard Overlay District |
Truck Leasing |
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West |
“I-1 AHOD” General Industrial Airport Hazard Overlay District |
Vacant |
Comprehensive Plan Consistency/Neighborhood Association
The property is located within the boundaries of the IH 10 East Corridor Plan and 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.
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 business, a literal enforcement of the ordinance would be an unnecessary hardship. The proposed signage is important to allow the owner to advertize the business name. The existing signage satisfies the requirements of the franchise to carry certain brands of semi-trucks.
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.
Multiple signs are allowed for every business, with 150 feet spacing. The existing sign advertizes Freightliner, the brand of trucks, but does not assist the customer in knowing how to contact the owner of the business.
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 proposed variance will allow the sign to be 128 feet from the existing sign and still have orientation toward the truck traffic on the freeway.
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 and provides the owner an opportunity to advertize the company’s name. Additionally, the variance will be 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-15-160 based on the following findings of fact:
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1. |
The requested variance seeks only an 14 percent deviation from that mandated in the code; |
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2. |
A literal enforcement of the code would create an unreasonable hardship. |