Title
Conduct a Public hearing to Consider/Discuss/Act on the request by Applicant Humble Sign Co., representing Chuy’s Tex-Mex restaurant, to Consider/Discuss/Act on the Appeal of the Building Official’s decision regarding a violation of UDC Section 504 B (2)(a)(iii) limiting the area of attached signs on non-street facing facades to 25 square feet. The applicant is requesting a Meritorious Exception to construct two approximately 82 square foot illuminated signs for Chuy’s Tex-Mex attached to the east and west facades. This request is located at 8405 West University Drive, Lot 1R1-4 of Block A, Parcel 601-603 Addition to the City of McKinney, Texas.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA 2026-0006
MEETING DATE: August 19, 2026
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 (BOA) application.
ZONING: PD (Ordinance # 2021-09-095) - C3
EXISTING CONDITIONS: Chuy’s Tex-Mex is a restaurant under construction in a new development at the southeast corner of West University Dr./380 and North Custer Rd. The restaurant parcel does not have immediate frontage on North Custer Rd. to the west but is a part of the development located at that corner.
ITEM SUMMARY: The applicant makes the argument that the way the building is situated in the site, coupled with the adjacency to both W. University Dr./380 and N. Custer Rd., that the east and west facades have a level of visibility that warrants treating them like primary, rather than secondary, facades, and as such, they should have the same sign allowance as the frontage on the street to which it is addressed.
VARIANCE REQUESTED:
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ZONING ORDINANCE REQUIREMENTS |
REQUESTED |
VARIANCE |
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Maximum sign area 25 square feet |
82 square feet each |
328% |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: 7 letters were sent. To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
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 Variance by the Applicant/Owner.
SUPPORTING MATERIALS:
BOA2026-0006 - 8405 W. University Dr. - Packet to include:
• Application
• Application Letter
• GIS Exhibit
• Notice Letter
• Notice Map
• Ordinance Exhibit
• Sign Plans
• Site Plans and Area Map
ACTION: Approved Denied Tabled