Title
Conduct a Public Hearing to Consider/Discuss/Act on a Sign Variance Request by QuikTrip, Appealing the Denial of a Sign Permit to Allow Additional Signage Located on the Northeast Corner of U.S. Highway 75 and Wilmeth Road.
Summary
MEETING DATE: April 3, 2012
DEPARTMENT: Development Services - Building Inspections
CONTACT: Jeff Harris, Plans Examiner
RECOMMENDED CITY COUNCIL ACTION:
• Denial of request.
ITEM SUMMARY:
• QuikTrip has requested variances to the sign ordinance for the following signs:
o A single tenant pole sign - 222 square foot and 40 foot tall
o A truck scale sign - 108 square foot and 22 foot tall
o A truck directional sign - 14 square foot and six foot
BACKGROUND INFORMATION:
• The applicant is proposing four detached signs on the property as follows
o A six foot tall monument sign
o A 40 foot tall single tenant pole sign
o A 22 foot tall truck scale sign
o A six foot tall truck directional sign
• The six foot monument sign located along Wilmeth Road is in compliance with sign ordinance; therefore, a variance is not necessary for it.
Current Sign Ordinance
• The sign ordinance has been formulated to meet the needs of commercial businesses to provide information to motorists seeking their services balanced with the need to control the visual clutter that would be created by excessive signage.
• The sign ordinance allows two detached ground or pole signs on lots located at an intersection of a major thoroughfare and a freeway.
• The allowed size and height of the signs are provided in subsection 134-7c1, Table 1, as shown on the attached sign comparison chart.
Single Tenant Pole Sign
• The requested single tenant pole sign exceeds the height and square footage allowed by the ordinance. The sign ordinance allows pole signs with a maximum height of 35 feet and a maximum size of 150 square feet.
• The hardship expressed by the applicant is related to an obstruction created by the reconstruction of US 75; however, after a careful review of the US 75 construction plans it is clear that the removal of the Wilmeth Road bridge crossing over US 75 actually provides an unobstructed view for northbound motorists, allowing them to see a 35 foot tall sign.
• On March 6, 2012, City Council tabled this item. Subsequent to the meeting, the applicant revised the variance request reducing the height of the pole sign from 50 feet to 40 feet, which still exceeds the maximum height allowed by the sign ordinance.
• Alternate Solution - The appropriate method to notify motorist of available services at upcoming exits is through the use of the blue service signs with company logos (as shown on the attached exhibit).
Truck Scale Sign
• The truck scale sign exceeds the height and square footage as well as exceeds the number of signs allowed on the property.
• The sign ordinance allows two detached signs on a lot at the intersection of a major thoroughfare and a freeway.
• The applicant is proposing a freestanding truck scale sign to match the height of the adjacent fueling canopies. The intent is to have the truck scale sign appear to be a horizontal extension between the two canopies.
• Alternate Solution - Signage located beneath a fueling canopy (that does not advertise the premises) is not included in the signage count; therefore, the truck scale sign would be in conformance with the sign ordinance if it was incorporated into the truck fueling canopy.
Truck Directional Sign
• The truck directional sign exceeds the square footage and exceeds the number of signs allowed on the property.
• Alternate Solution - Directional signs less than four square feet in size are exempted by the sign ordinance. Reducing the sign to the allowed size would be in conformance with the sign ordinance.
SPECIAL CONSIDERATIONS:
• Signage that does not conform with the sign ordinance may seek relief through a meritorious exception or an appeal of a denied sign permit.
• The sign ordinance states the criteria in the Local Government Code relating to boards of adjustment applies to the City Council during a deliberation of an appeal.
• The criteria found in the Local Government Code is a follows:
a) The board of adjustment may:
(1) hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter;
(2) hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;
(3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done; and
(4) hear and decide other matters authorized by an ordinance adopted under this subchapter.
• The staff has determined the subject site does not have any unusual hardships or practical difficulties that are not applicable to similarly situated sites along US 75 for the applicant’s request to qualify for a variance.
• In deciding the applicant’s appeal from a denied sign permit, the Council can find either:
1. Staff was correct in its interpretation of the regulation and the request is denied, or
2. Staff was incorrect in its interpretation of the regulation and the request is granted, or
3. Staff was correct; however, a variance should be granted regardless.
FINANCIAL SUMMARY: N/A
BOARD OR COMMISSION RECOMMENDATION: N/A