Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Applicant Keith Lewis, to Consider/Discuss/Act on a revision to an Approved Board of Adjustment case (BOA 23-04) for a Meritorious Exception to the Sign Ordinance to allow a monument sign of unconventional materials and size, being composed of an antique car with a bicycle mounted to the top sitting on recycled concrete blocks, allowing the sign to be placed in accordance with the revised location, on four concrete blocks, at the site of the TUPPS Brewery complex, on the property owned by the McKinney Community Development Corporation (MCDC) located at 402 E. Louisiana Street, Lot 1 of Block A of the TUPPS Brewery Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2024-0005
MEETING DATE: August 28, 2024
DEPARTMENT: Development Services - Building Inspections
CONTACT: Suzanne Arnold, Chief Building Official
RECOMMENDED BOARD ACTION: Consider this Meritorious Exception request based on the applicant statement on the Board of Adjustment (acting as the Sign Board) application.
ZONING: MTC - McKinney Town Center / Transit Village Edge Character District
EXISTING CONDITIONS: This lot is the site of the new TUPPS Brewery complex. The complex is a mix of new and old buildings, with predominantly metal exteriors. The 3.9-acre property is owned by the McKinney Community Development Corporation (MCDC) and leased by the applicant, Keith Lewis, the owner of the brewery. MCDC approves of this proposal. The location of the sign is in the northwest corner of the property. This area is zoned as the MTC/Transit Village Edge District, which is a “Character District” of the McKinney Town Center Master Plan. By design, this district is characterized by an “eclectic mix of building types and uses” ranging from residential to light industrial acting as a transition from higher intensity uses to the existing residential areas adjacent to it.
ITEM SUMMARY: The applicant is seeking approval for revised plans for a sign that was previously granted a Meritorious Exception by the Board of Adjustment (December 13, 2023, Case Number BOA23-04). This is a monument sign consisting of a vintage 1950s Pontiac Chieftain automobile with “TUPPS” on the door, sitting atop large reclaimed concrete blocks, with a bicycle permanently mounted on top of the car. The Board of Adjustment previously approved the sign as being appropriate for the setting. However, deviations from plans approved by BOA require a new Meritorious Exception. The key differences are that the original sign had the car sitting on top of 6 concrete blocks and set at an angle to the property lines, whereas the installed sign for the approval being requested has the sign square with the property line with the car straddling four blocks. The applicant submitted plans for a sign permit (SIGN2023-11-00730) on November 9,
2023, which was approved and issued after the original approval by BOA.
VARIANCE REQUESTED:
|
SIGN ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
Sign Height - 6 ft. |
10 ft. |
4 ft. |
|
Sign Area - 40 sq. ft. |
120 sq. ft. |
80 sq. ft. |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
Unified Development Code 503(A): Meritorious Exceptions
1. Generally: Primary objectives of this section include ensuring the prohibition of signage that has low visual quality, while guarding against the over-regulation of signage.
2. Approval Criteria: It is not the intent of these regulations to discourage innovation. It is possible that signage proposals could be made that, while clearly nonconforming to the requirements of this Article, and thus not allowable under these regulations, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution to the visual environment. In such cases, the Chief Building Official may approve a meritorious exception, if the proposal meets any of the following:
a. The signage is creative, innovative, or otherwise visually appealing so as to result in a positive contribution to the built environment;
b. The signage contains an architectural element that positively supplements the visual environment;
c. The regulations of this section do not adequately describe or regulate the proposed signage;
d. The signage will promote a strong public interest, including but not limited to wayfinding and the positive identification of essential services; or
e. The relocation of allowed signage is necessary based on difficulties resulting from building design, orientation, or location.
3. Sign Board Consideration
a. The Chief Building Official, at their sole discretion, may refer the meritorious exception application to the Sign Board, for consideration and action.
b. The Chief Building Official may deny a meritorious exception if the proposed sign does not meet the criteria included in subsection 2 above. The applicant whose request was denied may appeal the decision of the Chief Building Official to the Sign Board, in accordance with the procedures outlined in
§203F.1, Administrative Appeals
BUILDING OFFICIAL STATEMENT:
The request has been field validated and I agree that the Board has the implied authority to consider this Meritorious Exception by the Applicant/Owner.
SUPPORTING MATERIALS:
BOA 2024-0005 - 402 E. Louisiana St. - Packet to include:
• Previously approved site plan and plans
• Proposed revised site plan and plans
• Board of Adjustment (BOA) Application
• Letter of Approval from MCDC
• Prior approval letter from BOA
• Site photos
• Power Point presentation to be delivered at hearing
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled