HomeMy WebLinkAbout09032009 BSC Agenda Item 4 y
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STAFF REPORT
Business of the Building and Standards Commission
City of West University Place, Texas
AGENDA OF: September 3, 2009 DOCKET NO.: 09-03
DATE SUBMITTED: August 26, 2009
DEPARTMENT OF ORGIN: Development
PREPARED BY: John R. Brown, MCP Services
Chief Building Official
PRESENTER: Dave McMahan
SUBJECT: Request a variance to Chapter 6,
section 6-25(d)(3)the placement of a STAFF PRESENTER: Chief Building
canopy- mounted sign on a fagade other Official, John R. Brown, MCP, CFM
than the facade used to calculate the
relevant fagade area.
ATTACHMENTS: HCAD printout, pictures of building and proposed signage. Copy of
table inset, 3-1 & 3-2 of Chapter 6 ADVERTISING AND SIGNS.
STAFF SUMMARY
Background:
The previous tenant was Omni Cleaners and obtained sign permits for two canopy mounted signs.
This business is located at the intersection of Sunset Blvd. and Kirby Drive, 5410 Kirby.
Note: Mr. McMahan variance request asked to just replace the canopy-mounted signage that was placed
by Omni Cleaners. There is sufficient allowable display area (DA) for the additional sign requested.
RFA= 16'h x 29'w = 464sf. 38sf for the 1s' 200sf of DA and 12% for balance up to 499sf. Totaling 69.68sf
of display area allowed, 40sf is being used on the front canopy sign, leaving 29.68sf for the proposed
canopy sign. 3% of the total site is 12,003sf x 3%= 360 sf. Current signage towards the 3% equals
approximately 165sf. The proposed canopy sign has 18sf of DA.
Variance request:
Mr. McMahan is requesting a variance to Chapter 6, section 6-25(d)(3) which states:
Sec. 6-25(d) Canopy-mounted signs. A canopy-mounted sign may not:
(3) Be mounted on a facade other than the one used to calculate the relevant facade area (RFA) for
table 3-2 of section 6-28.
He is requesting to place a second canopy-mounted sign on the facade facing diagonally towards Kirby
Drive. The business does have additional parking along Kirby Drive and does not face any residentially
zoned property. The main entrance is set at a diagonal and actually faces the intersection corner of
Kirby and Sunset.
1
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Sec. 6-19. Definitions.
Relevant facade area means the area of a building's facade where the principal entrance is located.
Section 18-20 of the City Code of Ordinances requires that the BSC consider the following in
considering a variance request:
Mandatory factors. In considering a variance, the BSC shall take the following into account:
(1) Whether the applicant has made an earnest, good faith effort to comply with the requirement.
(2) Whether the applicant brought the matter to the attention of the city on his own motion, without
intervention or enforcement action by any city official.
(3) Whether alternative methods or procedures will achieve the same, or substantially the same,
result as literal compliance with the requirement.
Required findings. The BSC may not issue a variance unless it affirmatively finds all of the following:
(1) The imposition of the requirement imposes an exceptional hardship upon the applicant. It is
the general intent of this section that financial cost, alone, would not ordinarily constitute an
exceptional hardship.
(2) No reasonable and feasible method or procedure is currently available to comply with the
requirement.
(3) The imposition of the requirement is unjustified because of good and sufficient cause
demonstrated to the BSC.
(4) The variance will not introduce or increase any threat to public health or safety.
(5) The variance is consistent with the purpose and intent of the ordinance in question.
(6) The variance will not cause a nuisance and will not unreasonably interfere with the use of
nearby property.
(7) The variance will not cause a fraud to be worked upon the public or any individual.
(8) The variance will not cause an increase in public expenditures or budgets.
(9) The variance will not create an irreconcilable conflict with any other ordinance, law, rule or
regulation.
2
City of West University. Place
APPLICATION TO THE BUILDING AND STANDARDS COMMISSION
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY")
Address of site: (o
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Legal description of the si e: 56 L A z ~
trK a nK ~-V~,
Applicant. r
Address: O ~(Cec ct~ v
Contact:IY c , c~ LA-
Phone: r z, Cr S-z. 7 T OZ1 Fax.
Email Address:
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Decision or Action Requested (check one or more and provide requested data)-
)Appeal. Hear and decide an appeal from an order, requirement, decision or determination made
by the building official (or other administrative official) of the City.
• Name and title of the administrative official:
• Is the official's action in writing? ( )Yes; ( )copy is attached. ( )No, but the action appealed is as follows:
• When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any
delay below:
• Exact code of ordinance section(s) involved:
• Grounds for appeal:
( ) Special Exception.
• Exact code of ordinance section that authorizes the special exception:
• Exact wording of special exception requested:
~2C3 J
Variance.
• Exact code of ordinance section from which a variance is requested:
• Exact wording of variance requested: ~'1C~SYt -
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Other Data. Are there drawings or other data? ( )No )Yes (list items h~re and attach them)
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*****PF OVIDE ORIGINAL LUS 15 COPIES (1.6 T AL) OF ALL SUBMITTALS*****
Signature of applicant: Date:
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For Staff Use only Date filed: M -6\ Date heard: Docket#: y
Form BSC-102
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Aug 13 09 03:36p RMG,INC 7139529903 p.1
Ken Burke
August 12, 2009
City of West University Place
3826 Amherst
Re: In reference to the signage variance request at 5410 Kirby. We are requesting signage copy on
the awning sign band facing Kirby. We also have an entrance on that side and believe the store name
on the sign band helps balance out the signage on the bldg. It also helps with visibility from the Kirby
side. Please note the previous tenant "Omni Cleaners" had their company name in the exact same
place as we are requesting- They were approved for this signage and we feel it would be appropriate
to have the same signage area as was previously approved. This would give us signage and visibility
on both sides of our bldg. sign band. Otherwise without signage on the Kirby side, the canvas sign
hand would be blank and give the bldg. an unbalance or unoccupied took. This we feel would not be
consistent with our standards of professionalism and conformity with the neighborhood we are planning
to be a part of.
Please see the attached plot plan and pictures we have enclosed for you.
Thank you for your help in this matter.
Sincerely,
Ken Burke
281-250-2250
713-856-5757(%x)
Signhero@sbcglobal.net
In ti ve Sigr~age R A wniG 1/fyDes/ ns to the Rescue
Mc han
6 20 Wertheimer
Houston, TX 77056
713-952-9900
Anthony Milton
My Fit Foods
5410 Kirby
West University Place
AUG 13,2009 17:39 7139529903 Page 1
Aug 12 09 01:52p RMG,INC 7139529903 p.2
COPYRIGHT 2005
JOB NO.: MBt411
BY GRAPHIC PLOTTING ONLY THIS PROPERTY IS NOT 114 THE 700 YEAR FLOOD PLAIN ACCORDING TO N,F,I.P. MAP NO.
4620I0tC 0 08801( REV. APRIL 20, 2000. ZONE "X". WE D 00 NOT ASSUME RESPONSIBILITY, FOR EXACT DETERMINATION.
PROPERTY SUBJECT TO LOCAL MUNICIPALITIES AND ORDINANCES, ZONING REQUIREMENTS AND SUBDIVISION COVENANTS.
CONDITIONS AND RESTRICTIONS.
LOT 17
BUILDING ENCROACHES
5' UTILITY ESMT 4
FIND 5/5" I.R. EAST acl
ss.1 a•
5 UTILITY ESMTF
VOL 15. PC. 50, H.C. Oco B OKEN ASPHALT ~
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OF LOT 19 m LOT 1 B
i 60.0' 180
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40. 0' w i 60.0' 514
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SET 'X' ~J
WEST 100.00' y®h"
SUNSET BLVD.
(60' R.O.W,) a
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55.0' _
'HIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, SOME EASEMENTS AND iI
BUILDING LINES MAY HAVE BEEN GRANTED BY SEPARATE INSTRUMENT AND ARE NOT REFLECTED HEREON. I
LOT i8 AND THE EAST HAVE BE L0. 19, IN BLOCK 2
I. RRED V.n Ln1YfCN, a RTglxlered Prelesal>nd Lwd g.rr¢yor H Me Slate 1 Tene¢, do hereby Lertl/ey Mcl Mh
hm ~ta C?A+ _
noted«ryereonn jl,jg Pen+aion~of~ PropwtY de9v~bM h¢r aC f~rovemY nts Ye mrydl ounds tlorthed sM1aet). is wo¢ made cn Me
ewpreeseM er within (hv act d Mot
imxied, tP ~PYDxt~ed !o l~ providedtlo Iw /w o/ the curr n poHies and o~bclmse ryas been created.
W vgvr did not abatracl pro y eoaen,¢nts, building 'IneR rectrletlonvon . lh Ma wiglnm Mmaoctlon. a t- shown
& Ic. Mown M1weon ore oa kknlilied by
-_---------GF No. N/A
Lol_,19' Block 2___of EVAN ZON ADDITION
A SUBDIVISION IN HARRIS CDUNTY, - - - -
TEXAS.
According to the ma or W
P plot hereof recorded in Volume 1
of the MAP 'e -ds of HARRIS - --'Page
County, Texas. i~
Purchaser: VIRKUS CONSTRUCTION
Address:- 2604 SUNSET 3LV0. do 5410 KIRBY DRIVE, HOUSTON, ~
TEXAS ~z4i
Witness my hand this 3RC -day of__NOVEMBER
.2005
lfxcghes-Southw~k~rve
J *ig Ca.
1'231 RICHMOND7AVE. D-105, HOUSTON,
PH: 281-496-9977 * FAX:2al-496- TEXAS 77(82 D LAa'TON
ww.hashesswavrve 99,89 w 1-800-336-2840 REGtS7 ED F O AL LAND SURVEYOR NO. 5530
SCALE 1"= DRAWN BY:
RLn4510N: 11-4 5
-OAUG 12,2009 15:55 7139529903 Page 2
Aug 12 09 01:51p RMG,INC 7139529903 p.1
EXHIBIT A
LEGAL DESCRIPTION
LOT EIGHTEEN (18) and the WEST 40 FEET of LOT NINETEEN (19) in BLOCK TVVO (2) of
EVANSTON ADDITION in Harris County, Texas, according to the map or plat thereof recorded in
Volume 15, Page 50, of the Map Records of Harris County, Texas
3
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"We do our best to show accurate product colors. As with all printing however some color variations will occur.
aW B
Thie to an original unpublished drawing Submitted for your pereonal use in connection y
,cote: lqij
with a project being planned for you by KEN BURKE. It io not to be reproduced, copied, 4Noaw KA%7 2009
or exhibited in any fashion without written permission of KEN BURKE. TELEPHONE: 281.250.2250
FACSIMILE: 713.858.5757
• •
Chapter 6 ADVERTISING AND SIGNS
ARTICLE II. SIGNS
TABLE INSET:
General Rule: On a site outside a street area, any sign exceeding any
Table 3-1. applicable regulation (prescribed below) is prohibited, and all non-specified
Sign Sizes, Numbers types of signs are prohibited. Exceptions/Special Rules: (1) See special rules
noted in table. (2) See remainder of this Chapter.
Type of Applicable to sites used Applicable to Applicable to all other
sign Regulation for SFR purposes residential impact sites
sites
Maximum number Zero 1 Two plus one per Three plus three per
Fixed per site, all signs retail unit 1 retail unit 1
Maximum number, One per principal One per principal
ground signs Zero 1 building. 1 building for each
abutting street 1
Depends upon
Maximum DA, Zero 1 location; see Section
ground signs 3.207.
Maximum number
and DA, canopy Depends upon the size
and building- Zero 1 of relevant facade
area; see Table 3-2.
mounted signs
Maximum total Zero 1 1% of the site's area 3% of the site's area
DA, entire site (total per site) 1 (total per site) 1
Semi- Maximum number Two, if the site is
Fixed per site unoccupied; otherwise no One 12 One 12
limit 1 1
5 sq. ft. per face, 10 sq. ft. 6 sq. ft. per face, 12 8 sq. ft. per face, 16
Maximum DA per sign, 32 sq. ft. total (all
sq. ft per site 2 sq. ft per site 2
signs on the site)
Non- Maximum number Zero, if the site is One, if temporary. One, if temporary.
fixed per site unoccupied, otherwise no 123 123
limit 13
5 sq. ft. per face, 10 sq. ft. 12 sq. ft. per face, 32 sq. ft. per face,
Maximum DA per sign, 1 32 sq. ft. total 1.5% of the site area 2.5% of the site area
(all signs on the site) 3 (total, all faces) 23 (total, all faces) 23
Notes.
1 Flags. On sites actually occupied and used for SFR purposes, an unlimited number of flags may be displayed. On other
building sites, one flag may be displayed per 50 feet of street line, in addition to other signs allowed by this chapter.
2 Festival Permit. During the term of a special festival permit issued by the building official, the maximum number of semi-
fixed and non-fixed signs, together, is ten per acre of the festival site. The festival site may be one or more contiguous tracts
aggregating at least 0.75 acre. The display area of festival signs is not limited. No more than one festival permit may be issued
for any given place in any 365-day period, and the maximum term of a permit is 10 days.
3 Banners. In addition to the signs allowed by this Table, banners may be displayed if they meet all the following restrictions:
(1) The maximum number is two per site at any given time,
(2) The maximum display area is 32 sq. ft. per site, for all banners, at any given time,
(3) No individual banner may be displayed more than two times during any 365-day period nor more than 14 days at a time,
(4) On any given site, a banner may be displayed no more than 14 days out of any 60 day period, and
(5) No banners are allowed on unoccupied sites.
TABLE INSET:
Table 3-2. General Rule: For each building, the maximum display area and number of all
Number and building-mounted and canopy-mounted signs is determined by the relevant facade area.
display area, Any sign exceeding such a limit is prohibited, and all non-specified types of signs are
building and prohibited. Exceptions/Special Rules: (1) See special rules noted in table. (2) See
canopy-mounted remainder of this Chapter.
signs
Size of relevant Maximum number of building-
facade area (RFA), Maximum display area of building mounted and mounted and canopy-mounted
per separate canopy-mounted signs, per separate premises
premises signs, per separate premises
Less than 100 sq. 26 sq. ft. Two
ft.
100 to 199 sq. ft. 26 sq. ft. plus 11% of RFA over 100 sq. ft.
200 to 499 sq. ft. 38 sq. ft. plus 12% of RFA over 200 sq. ft.
500-999 sq. ft. 75 sq. ft. plus 11% of RFA over 500 sq. ft.
1,000 to 1,499 sq. 131 sq. ft. plus 7.5% of RFA over 1,000 sq. ft. Three
ft.
1,500 to 2,999 sq. 169 sq. ft. plus 2.5% of RFA over 1,500 sq. ft.
ft.
3,000 sq. ft. or 206 sq. ft. plus 1.5% of RFA over 3,000 sq. ft. Four 1
more
Notes:I Single-occupant premises with RFA's larger than 3,000 sq. ft., and having separate departments, each with a separate
exterior entrance, may have one building-mounted sign or canopy-mounted sign per department.
(Code 2003, § 3.210)