Leon Valley
TX

Ordinance
Ordinance 17-027

Discuss and Consider Possible Action on a Sign Variance # 2017-002, to Grant a
Sign Variance to Chapter 14, “Zoning Ordinance,” Section
14.02.304, “Regulations for All Districts,” Subsection (m) “Overlay Districts,” Part G(2)(f). “Window Signs,” to Allow Full Window Glazing at 7007 Bandera Road, Suite 16

Information

Department:Community DevelopmentSponsors:
Category:Variances

Item Discussion

PURPOSE

 

Roy Prince, of Greater Texas Concept, a flooring sales and installation business is requesting a sign variance to be allowed to maintain full window glazing that they installed at 7007 Bandera Road, Suite 16.

 

This business owner failed to obtain proper permitting for a Certificate of Occupancy and was issued a "stop work order" on April 24, 2017. At that time they were informed that they needed to apply for occupancy, remove a banner that they installed in the right-of-way, and that they had more than the allowed window glazing of 10% per the Sign Code.

 

The applicant cannot be issued a Certificate of Occupancy until all Code issues at the location are resolved. The window glazing remains a violation. Instead of removing the glazing, Mr. Prince is requesting a variance to keep the glazing because the installation was expensive ($3,500), promotes his business and in his opinion is aesthetically pleasing.

 

There are many businesses within the City of Leon Valley with window glazing, many of these businesses had the glazing prior to Code requirements which limited the glazing to 10%. Thus, older businesses are existing, nonconforming and new businesses entering the City must conform to the current Code standards.

 

This is the first sign variance request of this type. Variances are evaluated on a sign by sign basis; however, caution should be given to setting precedent as all similar requests are noted each time a request is presented.  

 

The spirit and intent of the Sign Ordinance is to reduce clutter and create a visual change along Bandera Road. Allowing more than the prescribed signage does not appear to meet this intent.

 

Additionally, the Code of Ordinances gives authority to Council to consider variances where strict enforcement due to special conditions or where literal enforcement would result in unnecessary hardship.

 

SEE LEON VALLEY

 

Social Equity - It is equitable for the City to consider Greater Texas Concept request as it promotes stakeholder participation with the City. It also promotes a positive stakeholder relationship for future City endeavors/events.

 

Economic Development - Greater Texas Concept's success in Leon Valley will increase sales tax revenue and promote economic development in the City. Their success is contingent on their marketing and visibility through signage and other means.

 

Environmental Stewardship - Not applicable.

 

 

FISCAL IMPACT

 

A $200 sign variance consideration fee was paid for consideration of this request.

 

STRATEGIC GOALS

 

This request most closely aligns with Strategic Plan Goal #1, “Economic Development,” to improve occupancy to generate sales tax and revenue. 

 

Once Greater Texas Concepts has all of their permitting they have the potential to be a successful business and generate sales tax revenue.

 

 

Document Comments

RECOMMENDATION

 

The Code of Ordinances notes that applicants may apply for variances to the Article and that City Council may in turn, consider such variances where strict enforcement due to special conditions or where literal enforcement would result in unnecessary hardship.

 

Approval or Denial of this sign variance request is at the discretion of the City Council.

 

Body

GRANTING SIGN VARIANCE #2017-002 ALLOWING FULL WINDOW GLAZING ON CERTAIN PROPERTY LOCATED AT 7007 BANDERA ROAD, SUITE 16 UPON APPLICATION BY ROY PRINCE, APPLICANT AND PROPERTY OWNER, FOR GREATER TEXAS CONCEPT.

 

WHEREAS, Chapter 216 of the Texas Local Government Code authorizes a municipality to regulate signs erected within the municipality and provide for their sign ordinance administration, enforcement and amendment; and

 

WHEREAS, the Leon Valley Code of Ordinances Chapter 3 and Chapter 14 (the “Code”) regulates the administration and enforcement of sign provisions within the City; and

 

WHEREAS, the City Council has authority to grant variances to the sign regulations of the Code where special circumstances exist and literal enforcement of the Code would result in unnecessary hardship; and

 

WHEREAS, Greater Texas Concept, applicant and owner, for a sign variance to allow more than 10% window glazing; and

 

WHEREAS, the variance requested will not adversely affect the character of the area, traffic, public health, utilities, safety and general welfare of the residents of the City of Leon Valley; and

 

WHEREAS, it is the desire of the City Council of the City of Leon Valley to grant Sign Variance #2017-002 to allow full Window Glazing on the property located at 7007 Bandera Road, Suite 16, upon application by Roy Prince, applicant and property owner of Greater Texas Concept; NOW, THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, THAT:

 

Section 1.              Sign Variance #2017-002 is hereby granted for a variance to allow full window glazing on Lot 9, Block 1, CB 4446G, Clear Creek Village Subdivision Unit 2, generally located at 7007 Bandera Road, Suite 16, and more particularly described in the case file of Sign Variance #2017-002, attached hereto and incorporated herein as Attachment I.

 

Section 2.               The City staff is hereby authorized to issue said variance when all conditions imposed by the City Council have been addressed and complied with in full.

 

Section 3.  This ordinance is effective immediately upon passage by four (4) affirmative votes; otherwise it is effective on the tenth day after passage hereof.

 

Meeting History

Jun 20, 2017 6:00 PM  City Council Regular Meeting
draft Draft

Community Development Director Kristie Flores along with Cynthia Arguelles on behalf of Roy Prince, of Greater Texas Concept presented the item. Greater Texas Concept is a flooring sales and installation business who is requesting a sign variance to be allowed to maintain full window glazing that they installed at 7007 Bandera Road, Suite 16. The business owner failed to obtain proper permitting for a Certificate of Occupancy and was issued a "stop work order" on April 24, 2017. At that time they were informed that they needed to apply for occupancy, remove a banner that they installed in the right-of-way, and that they had more than the allowed window glazing of 10% per the Sign Code. The applicant cannot be issued a Certificate of Occupancy until all Code issues at the location are resolved. The window glazing remains a violation. Instead of removing the glazing, Mr. Prince is requesting a variance to keep the glazing because the installation was expensive ($3,500), promotes his business and in his opinion is aesthetically pleasing.

Community Development Director Flores added that there are many businesses within the City of Leon Valley with window glazing, many of these businesses had the glazing prior to Code requirements which limited the glazing to 10%. Thus, older businesses are existing, nonconforming and new businesses entering the City must conform to the current Code standards. This is the first sign variance request of this type. Variances are evaluated on a sign by sign basis; however, caution should be given to setting precedent as all similar requests are noted each time a request is presented.

The presentation was followed by a discussion.

A motion was made by Council Member Monica Alcocer and seconded by Benny Martinez to postpone this item until the owner could be present and more information relating to the Certificate of Occupancy could be provided.

Discussion continued where it was also discovered that although the business had been shut down by the City two months prior to this meeting, the business apparently had been in operation. This information was provided by Ms. Arguelles. Community Development Director Flores said that Captain Todd Morgan had issued the business a stop work order on April 24th and it was her understanding that he had been following up on it.

Council Member Benny Martinez asked if he could ask Council Member Monica Alcocer to withdraw her motion which City Attorney Frederick responded to saying they could just vote on it.

RESULT:DEFEATED [0 TO 4]
MOVER:Monica Alcocer, Council Place 3
SECONDER:Benny Martinez, Mayor Pro Tem
NAYS:David Jordan, Belinda Ealy, Monica Alcocer, Benny Martinez

Discussion