Loading...
06-23-2003 (Zoning Board of Adjustment) Minutes MINUTES ZONING BOARD OF ADJUSTMENT City Council Chambers Wylie Municipal Complex 2000 Highway 78 North, Wylie, Texas 75098 June 23, 2003 7:00 p.m. Notice was posted in time and manner required by law, and a quorum was present. Board members Present: Staff Members Present: Gerald Clark Claude Thompson Dennis Gibbons Terry Capehart Marilyn Herrera Dale Jackson Wayne Morman Sam Satterwhite - EDC Board Members Absent: Staff Member Absent: Eric Alexander Mary Bradley Weldon Bullock Layne LeBaron CALL TO ORDER Chairman Clark called the meeting to order at 7:05 p.m. CITIZEN PARTICIPATION No one was present to speak. CONSENT AGENDA 1. Consider and act upon approval of the Minutes of the April 28, 2003 Meeting. A motion was made by Mr. Gibbons, and seconded by Mr. Morman, to approve the minutes as submitted. Motion carried 4 - 0. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon a request by Pamela Goodwin of Chili's/Brinker International for a variance to Section 5 of the Sign Regulations in order to allow a sign to project from an exterior wall not located within the Downtown Historic District and to project a distance of four (4) feet rather than the allowed maximum of three (3) feet and be ten and eight-tenths (10.8) square feet in size rather than the allowed four (4) square feet, to allow a sign/logo monument to project above the wall a distance of sixty-four (64) inches rather than the allowed maximum zero (0) inches, and to increase the size of attached signage on the front of the building from the allowed maximum of sixty (60) square feet to one-hundred (100) square feet, this property being located at the northeast corner of Westgate Way and Kirby Street (F.M. 544) and being part of Tract 25 of the E.C. Davidson Survey. (ZBOA Case No. 2003-04) ZBOA Commission Meeting June 23, 2003 Page 2 of 4 Mr. Thompson stated that the subject property was located at the NE corner of Westgate Way and F.M. 544 across from the Albertson's shopping center. The Brinker Corporation proposes to build a new Chili's Restaurant on the site. The property is currently unplatted; therefore a plat and site plan must be approved before issuance of a building permit. Mr. Thompson then reviewed the sign regulations pertinent to this case and continued to describe the four variances being requested by the applicant as written in the planning report. Mr. Thompson also reviewed alternatives to the requested variances, which could possibly reduce or eliminate the need for variances. Seven Public Comment Forms were mailed to owners within 200 feet of the subject variance request as required by State Law. Three comment forms have been returned all favoring the request. Pam Goodwin, Brinker International, 6820 LBJ Freeway, Dallas, Texas 75240, the applicant, made a PowerPoint presentation, and argued that the proposed signage is part of Chili's international corporate identity and marketing strategy. While the chili pepper artwork monument is relatively new, all requested signs are Chili's standard design elements. Chairman Clark asked the applicant if any variances were required to get approval for these signs in any of the area cities. Applicant did not know but offered to find out. Ms. Herrera asked if these are the same size signs as used elsewhere. Bridget Farrell, Brinker International, replied that all of the most recent restaurants constructed used these exact same signs. Sam Satterwhite, Director of the Wylie EDC, 1515 Anchor Drive, Wylie, Texas, spoke in favor of the proposed variances, suggesting that the sign variance could determine whether Chili's locates in Wylie or a neighboring community. He expects this store to do as much as three million dollars in business each year. Ms. Herrera asked if businesses would still come to Wylie if allowed only smaller signs. Does the size of the sign determine their revenue? Mr. Satterwhite responded it is impossible to know just what would keep a business from locating here or if no incentives or compromises were offered at all would they still come. But the City needs to project a pro-business environment in order to compete successfully with surrounding communities in attracting new businesses, and our sign regulations may not appear positive. Mr. Morman - It is more just a matter of having uniformity in their signs, rather than having to design buildings and signs differently for each municipality. Chairman Clark asked why the pepper was considered a sign. Dale Jackson, Building Official, reviewed the definition of a sign in the Sign Ordinance to explain that the pepper is indeed considered a sign, rather than artwork or building element. ZBOA Commission Meeting June 23, 2003 Page 3 of 4 Mr. Jackson further explained that projection is determined by the surface to which it is attached. Ms. Farrell explained that the pepper could be mounted from the wall behind it instead of the canopy roof and thus not project above the roofline of the structure it is attached to thus eliminating that variance. However, Mr. Jackson specified that the mounted sign cannot project more than twelve inches from the wall. Ms. Herrera asked if any other sign variances have been denied. Mr. Thompson responded that the off premises residential development sign that was initially denied but then later approved on a temporary basis until the Sign Regulations could be revised. Several other sign variances were approved in the past including Extruders, Carlisle, McDonald's, etc., which were all under the old code. This is the first variance request under the newly adopted Sign Regulations. Mr. Morman reported that the City of Murphy's sign regulation does not favor restaurant logos and they had to make exceptions to get them to locate there. He does not think that the Chili's signs in Allen and Rowlett are aesthetically offensive and supports the Chili's request. Mr. Gibbons stated that if Chili's was just starting and we were the test case he could see denying the request, but this is an internationally recognized business logo allowed everywhere. Mr. Gibbons made a motion to approve all variances as requested, seconded by Mr. Morman. Motion carried 4-0. Mr. Thompson then explained that State Law says that the Board of Adjustment can approve only variances for individual cases and not for a class of signs such as restaurants. If similar requests are made the sign regulations will need to be changed rather than approval of a variance. 2. Hold a public hearing to consider and act upon a request by Lloyd Allberg of Grand Homes for a variance to Section 6.F of the Sign Regulations in order to increase the size of a model home sign from the allowed maximum of six (6) square feet to seventy-one and one-half (71.5) square feet and to increase the height of a model home sign from the maximum four (4) feet to six and one-half (6.5) feet, this property being located at 1713 Tamarack Drive and being Lot 15 of Block J of the Country Ridge Phase A Addition. (ZBOA Case No. 2003-05) Mr. Thompson stated that the subject property is located in the new Country Ridge Subdivision and is the location where the Grand Homes models will be built. Mr. Thompson then reviewed the pertinent Sign Regulations concerning model home signs and the requested variances. Regardless of the approval or denial of the request, model homes signs are only temporary and are removed when the house is sold for residency. ZBOA Commission Meeting June 23, 2003 Page 4 of 4 Dale Jackson, Building Official, stated that amendments to the Sign Regulations would be going to the City Council in July and changes will include increasing the maximum height of model home signs from 4 feet to 5 feet and the maximum square footage from 8 square feet to 32 square feet. Mr. Morman asked if the size of the sign include the brick, stone, wrought iron and not just the face of the sign. Mr. Jackson responded that, the measurements of model home signs include any monument to which it is attached. Mr. Lloyd Allberg of Grand Homes, 8315 North Central Expressway, Suite 900, Dallas, Texas 75206, stated that Grand is building much larger homes than any of the neighboring subdivisions and would like to have a sign that is representative of their product. The same sign is being used in Grand's other building locations, such as, Murphy, Plano and Allen. They were not required to get any additional permits for the same sign in the other communities. Mr. Morman made a motion to approve the variance as requested, seconded by Ms. Herrera. Motion carried 4-0. ADJOURNMENT Mr. Gibbons made a motion to adjourn, seconded by Mr. Morman. Motion carried 4-0. Gerald Clark, Chairman Claude Thompson, Director Lay ,o ��/, /11 i