Title
Conduct a Public Hearing to Consider/Discuss/Act on the request by Applicant David Craig and Miles Prestemon on behalf of Owner Archstreet McKinney, LLC. on the Appeal of the Building Official’s decision for the consideration of a Meritorious Exception to the Sign Ordinance prohibiting a new digital billboard sign at 7200 State Highway 121, Lot 7 of Block A of District 121 Addition to the City of McKinney, TX.
Summary
BOARD OF ADJUSTMENT CASE NUMBER: BOA22-06
MEETING DATE: August 24, 2022
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: Planned Development with Regional Employment Center overlay designation
EXISTING CONDITIONS: District 121 is a dense urban mixed-use project containing an eight-story office building, multiple restaurants, retail center, hotel, park, and other amenities. The site is currently under construction. The vision for the project has included a digital billboard sign in partnership with MEDC, MCDC, and District 121 Owners Association. The billboard will not only feature activities and events at District 121, but also to promote City events as well.
ITEM SUMMARY: The applicant is seeking to construct a new digital billboard. 60’ in height, 600 square feet in size. The billboard pole will be encased in a fabricated aluminum pole cover with a brick base.
VARIANCE REQUESTED:
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Sign ORDINANCE REQUIREMENTS |
MERITORIOUS EXCEPTION REQUESTED |
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All new billboard signs are prohibited |
Allow billboard construction |
Meritorious Exception |
APPLICANT’S BASIS FOR VARIANCE: The sign will create a strong public interest, including but not limited to, wayfinding, positive identification of essential services, visually appealing resulting in a positive contribution to the surrounding environment.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY:
Variances. The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done, including the following:
1. Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare; and
2. Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of this chapter as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the zoning ordinance as established by this chapter, and at the same time, the surrounding property will be properly protected.
Meritorious Exception. The Chief Building official, at their sole discretion, may refer the Meritorious Exception application to the Board of Adjustment, convening as the Sign Board, for consideration and action.
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 22-06 - 7200 State Highway 121 - Packet. To include:
• Zoning Exhibit
• GIS map of subject property and surrounding houses
• Board of Adjustment (BOA) Application
• Survey and Survey Site Plan with Proposed Renderings
• Proposed Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled