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BOA SIGN REVIEW COVERSHEET CASE: C16-2021-0003 BOA DATE: January 11th, 2021 ADDRESS: 2522 Guadalupe St OWNER: Timothy Finley COUNCIL DISTRICT: 9 AGENT: Richard Tuttle ZONING: CS-CO-NP (West University NP) LEGAL DESCRIPTION: LOT 5 OLT 50 DIVISION D VARIANCE REQUEST: Twelve signs total 25-10-133 Section F northern side, one on the southern side and one on the eastern side); 25-10-133 Section G 25-10-133 Section H requesting all twelve (12) signs to be illuminated requesting 3 above the 2nd floor (one on the requesting 2 projecting signs; SUMMARY: signage for Moxy Hotel ISSUES: provision not allowing for signage ZONING LAND USES Site CS-CO-NP North CS-CO-NP South CS-CO-NP East West CS CS-MU-CO-NP General Commercial Services-Conditional Overlay General Commercial Services-Conditional Overlay General Commercial Services-Conditional Overlay General Commercial Services General Commercial Services-Mixed Use- Conditional Overlay NEIGHBORHOOD ORGANIZATIONS: Austin Independent School District Austin Lost and Found Pets Austin Neighborhoods Council Bike Austin CANPAC (Central Austin Neigh Plan Area Committee) Central Austin Community Development Corporation Central Austin Urbanists Friends of Austin Neighborhoods Homeless Neighborhood Association My Guadalupe Neighborhood Empowerment Foundation Preservation Austin SELTexas Shoal Creek Conservancy Sierra Club, Austin Regional Group University Area Partners West Campus Neighborhood Association C-2/1C-2/2C-2/3Variance Requests I am requesting a variance from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (H) to illuminate 12 signs at the Moxy Hotel on the Northern, Southern, Eastern, and Western sides CS-CO-NP, General Commercial Services Neighborhood Plan zoning district within the University Neighborhood Conditional Overlay Overlay. I am requesting a variance from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (F) to provide 3 illuminated electric signs above the second floor at the Moxy Hotel on the Northern, Southern, and Eastern sides General Commercial Services the University Neighborhood Overlay. I am requesting a variance from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs) (G) to provide 2 projecting signs at the Moxy Hotel on the Eastern side Neighborhood Plan zoning district within the University Neighborhood Overlay. CS-CO-NP, Neighborhood Plan zoning district within CS-CO-NP, General Commercial Services Conditional Overlay Conditional Overlay {W1022397.1} C-2/4Findings Statements 1. The variance is necessary because strict enforcement of the Article prohibits any reasonable opportunity to provide adequate signs on the site, considering the unique features of the site such as dimensions, landscaping, or topography, because: Strict enforcement would impose a standard that is harsher than that enjoyed by other similarly situated properties along Guadalupe Street in the University Neighborhood Overlay (UNO) Sign District. Properties in this area have a longstanding practice of illuminating their signage. However, a recent provision prohibiting signage illumination (Section 25-10-133(H)) was unintentionally instituted, as described by city staff at the November 2020 Board of Adjustment meeting. At the same time, a provision that Council appeared to take action to modify (Section 25-10-133(F)) was left unmodified, as described in the cover letter. This variance would allow the applicant to illuminate on-site signage (Section 25-10-133(H)), consistent with other similarly situated properties; it also requests variance from another provision (Section 25-10-133(F)) to ensure this would apply to the upper-level signs, as well. The UNO area is also characterized by attached structures in which different businesses, services, and amenities each utilize a projecting sign. This site provides a similar layout, with two services the hotel and a walk-up food window. The variance from Section 25-10- within a larger structure 133(G)(1) would allow that layout, consistent with the practice in the larger area. OR 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: Neighboring properties along Guadalupe Street in the University Neighborhood Overlay Zoning District already illuminate their signage and already feature businesses, services, and amenities in attached structures that each utilize projecting signs. The requested variance would allow the applicant to also illuminate their signage and provide two projecting signs on its Guadalupe Street façade, one for the hotel entrance and one for the walk-up food window. This is consistent with the existing practice among nearby Guadalupe Street properties. OR 3. The granting of this variance will not substantially conflict with the state purposes of this sign ordinance, because: The requested variance will allow the applicant to illuminate their signage, as has been allowed along Guadalupe Street. Similarly, the variance would allow two projecting signs in a manner consistent with the way in which multiple projecting signs are provided in attached structures along Guadalupe Street one allowed for each business, service, or amenity. {W1019416.1} C-2/5City staff has stated that the provision prohibiting illumination was instituted unintentionally. As a result, this site is currently subject to a standard not otherwise imposed on similarly situated properties. The requested variance would address this issue and allow illumination. AND, 4. Granting a variance would not provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated, because: for illuminated signage and projecting signs is consistent with established practice in the area. Other properties along Guadalupe Street in the UNO Sign District already have illuminated signage, as the applicant is requesting. Additionally, there is an established practice of allowing services, businesses, and amenities within attached structures along Guadalupe Street to each provide a projecting sign; the applicant is similarly requesting the ability to provide one projecting sign for the hotel entrance and one for the walk-up food window. Granting this variance would establish consistency with practices in the broader area, not a special privilege. The applicant also requests a variance to ensure this would apply to the upper-level signs, as well, consistent with action that Council appeared to take to modify the relevant code provisions. {W1019416.1} C-2/6C-2/7ARMBRUST & BROWN, PLLC A T T O R N E Y S A N D C O U N S E L O R S 100 CONGRESS AVENUE, SUITE 1300 AUSTIN, TEXAS 78701-2744 512-435-2300 FACSIMILE 512-435-2360 December 10, 2020 RICHARD T. SUTTLE, JR. (512) 435-2300 Via email Board of Adjustment 301 W. 2nd St. Austin, TX 78701 Dear Members: Subject: Variance Request for 2552 Guadalupe St. Please accept this letter on behalf of 2552 Jack, LLC Owner is requesting a variance from Sections 25-10-133(H), 25-10-133(F), and 25-10-133(G)(1) in order to illuminate a number of signs at the Moxy Hotel and provide two projecting signs in a manner consistent with existing practice in the area. Owner The Property is located at the intersection of Guadalupe Street and West 26th Street, in the (See Exhibit A). The section of Guadalupe Street within the UNO Sign District is characterized by numerous other businesses with illuminated signage, both north and south of the Property. This area is also characterized by attached businesses, services, and amenities that each utilize separate projecting signs. The Owner is requesting a variance from the following sections of the Land Development Code: Section 25-10-133(H), above the second Section 25-10-133(F), floor of a building, except for a non-electric sign that is engraved, cut into the building 25-10-133(G)(1), which specifies that This request would allow the Owner to provide illuminated signage for their business and two separate projecting signs that identify different services within the building (See Exhibit B), practices that are already established and common along this segment of Guadalupe Street. {W1016024.1} C-2/8ARMBRUST & BROWN, PLLC Page 2 Section 25-10-133(H): Illumination Signage illumination is an established practice along this segment of Guadalupe Street. Furthermore, the provision in question was instituted unintentionally, and City staff plans to revise it to resolve this issue. As City staff acknowledged at the November 2020 Board of Adjustment meeting: inated signs. We processed a fairly exhaustive amendment to the UNO regulations in November of 2019 and there was a provision that was inadvertently added to prohibit and we Strict enforcement of this provision at the Moxy Hotel would impose on the Property a standard that is harsher than that enjoyed by other similarly situated properties along Guadalupe Street in the University Neighborhood Overlay Zoning District. Granting the requested variance would instead establish consistency with this segment of Guadalupe Street by allowing the Owner to illuminate their signage, as other nearby businesses do today. Section 25-10-133(F): Signage Above the Second Floor There may also have been confusion over changes to Section 25-10-133(F), as well. According to the minutes from the November 14, 2019 Council meeting, the City Council approved the ordinance amending the UNO reg recommendations, outlined in the staff report and staff presentation was to concur with a Planning Commission recommendation to replace the provisions of Section 25-10-133(F) with a new subsection - While Council approved the ordinance with staff recommendations (as well as with the unintentional illumination prohibition), this staff recommendation on upper-floor signage appears to have been omitted from the signed ordinance. As a result, there remains a prohibition on electric signs above the second floor of a building. In order to allow illumination of the -story signs, the Owner requests a variance from Section 25-10-133(F). Section 25-10-133(G)(1) Finally, the Owner requests a variance from Section 25-10-133(G)(1), for two projecting signs d allow a project that is consistent with established practice in the area (See Exhibit C). Section 25-10-133(G)(1) broadly specifies one projecting sign per building façade. However, there is an established practice by which different services and amenities within attached structures along Guadalupe Street each utilize various types of projecting signs. The Property similarly offers two types of services within a single structure: the hotel entrance and a food {W1016024.1} C-2/9ARMBRUST & BROWN, PLLC Page 3 service window. The Owner is requesting a variance from Section 25-10-133(G)(1) in order to provide a projecting sign for each of these services, similar to existing practice with other businesses along Guadalupe Street today. I appreciate your consideration of this application and look forward to presenting our requested variance to the Board of Adjustment. Very truly yours, Richard T. Suttle, Jr. {W1016024.1} C-2/10 Guadalupe Street Façade Full Façade View 1 EXHIBIT A {W1017457.1} C-2/11 Guadalupe Façade Full Façade View 2 {W1017457.1} C-2/12 Guadalupe Street Façade Ordering Window Signs {W1017457.1} C-2/13Guadalupe Façade North-Facing Sidewalk {W1017457.1} C-2/14Guadalupe Façade Moxy Signs {W1017457.1} C-2/15 West 26th Street Façade {W1017457.1} C-2/16 San Antonio Street Façade {W1017457.1} C-2/17San Antonio Street Façade Parking Sign {W1017457.1} C-2/18Southern Façade {W1017457.1} C-2/19C-2/20C-2/21C-2/22C-2/23C-2/24C-2/25C-2/26C-2/27EXHIBIT C Projected Signage along Guadalupe Street {W1019408.1} C-2/28 Projected Signage along Guadalupe Street {W1019408.1} C-2/29 Projected Signage along Guadalupe Street {W1019408.1} C-2/30