File #: 11-523    Name: Mona Montessori Sign Appeal
Type: Agenda Item Status: Approved
In control: City Council Regular Meeting
On agenda: 11/1/2011 Final action: 11/1/2011
Title: Conduct a Public Hearing to Consider/Discuss/Act on a Sign Variance Request by Mona Montessori. Appealing the Denial of a Sign Permit to Allow a 32 Square Foot, 6 Foot Tall, Non-Premise Directional Sign. The Subject Property is Located on the North Side of Bountiful Grove Drive, Approximately 170 feet East of Scare Crow Drive.
Attachments: 1. Location Map, 2. Sign Detail, 3. 06-260SP - Site Plan

Title

Conduct a Public Hearing to Consider/Discuss/Act on a Sign Variance Request by Mona Montessori. Appealing the Denial of a Sign Permit to Allow a 32 Square Foot, 6 Foot Tall, Non-Premise Directional Sign. The Subject Property is Located on the North Side of Bountiful Grove Drive, Approximately 170 feet East of Scare Crow Drive.

 

Summary

 

MEETING DATE:                     November 1, 2011

 

DEPARTMENT:                      Development Services - Building Inspections

 

CONTACT:                       Bennie Reed, Chief Building Official

                     Garry Adams, Assistant Building Official

                     Jeff Harris, Plans Examiner

 

 

RECOMMENDED CITY COUNCIL ACTION:                     

                     Staff recommends denial of the applicant’s sign variance to allow a 32 square foot, 6 foot tall, non-premise directional sign.

 

ITEM SUMMARY: 

                     The applicant is seeking a sign variance to place a non-premise directional sign along Stacy Road. The sign would be placed on approximately 102 acres on the South side of Stacy Road at the intersection of Haystack Drive and Stacy Road. The applicant has secured a sign lease agreement with the property owner to expire on July 31, 2012.

                     Signage that does not conform with the Sign Ordinance may seek relief through two means:

o                     Meritorious Exception - In the development of the Sign ordinance, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, an equally primary objective has been guarding against signage over-control. It is not the intention of the Sign Ordinance to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to the sign ordinance, 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. Such proposals will be seriously and fairly considered by City Council.

o                     Variance - The City Council may hear appeals from the denial of a permit. Criteria for granting such a variance is stated in the State statute, V.T.C.A. Local Government Code 211.008et seq., as amended.

                     Should the City Council approve the applicant’s request, other similarly situated properties are likely to request a variance in the future.  This is the reason that variance approvals typically are based upon a unique circumstance of the property rather than a waiver to the required standard.

 

BACKGROUND INFORMATION: 

                     The subject property has an existing building constructed in 2006, Junior  Academy (06-260SP).  The staff report and site plan from 2006 for the project indicated that F.M. 720 was being abandoned and the site’s only access would be to Bountiful Grove Drive.  The applicant at that time acknowledged (as stated in the minutes of the June 27, 2006 Planning and Zoning Commission meeting) that F.M. 720 was going to be abandoned.

                     Although there is a new owner of the subject property, Mona Montessori, he is asserting that the closure of F.M. 720 has negatively impacted the site’s visibility and is requesting the non-premise, temporary directional signage.

                     Section 134 (e) 2 of the City of McKinney sign ordinance clearly states that non-premise directional signage shall be prohibited within the city limits of McKinney.

 

FINANCIAL SUMMARY: 

                     N/A

 

BOARD OR COMMISSION RECOMMENDATION:

                     N/A