D-2 C16-2021-0003 ADV PACKET — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet E-2 CASE NUMBER: C16-2021-0003 DATE: February 8, 2021 _______Brooke Bailey _______Jessica Cohen _______Ada Corral _______Melissa Hawthorne _______VACANT _______Don Leighton-Burwell _______Rahm McDaniel _______Darryl Pruett _______Veronica Rivera _______Yasmine Smith _______Michael Von Ohlen _______Kelly Blume (Alternate) _______Vacant (Alternate) _______Donny Hamilton (Alternate) APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.(G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. D-2/1 BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining); Feb 8, 2021 POSTPONED TO MARCH 8, 2021 FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 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: ______________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell ____________________________ Chairman Diana Ramirez forD-2/2CITY OF AUSTIN Board of Adjustment Decision Sheet C-2 CASE NUMBER: C16-2021-0003 DATE: January 11, 2021 _______Brooke Bailey OUT _______Jessica Cohen _______Ada Corral _______Melissa Hawthorne ____-___VACANT _______Don Leighton-Burwell _______Rahm McDaniel _______Darryl Pruett _______Veronica Rivera OUT _______Yasmine Smith _______Michael Von Ohlen _______Kelly Blume (Alternate) ___-____Vacant (Alternate) _______Donny Hamilton (Alternate) NOT AVAIL APPLICANT: Michael Gaudini OWNER: Timothy Finley ADDRESS: 2552 GUADALUPE ST VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-133 (University Neighborhood Overlay Zoning District Signs), requesting a total of 12 signs on the property: a) (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern sides. b) (G) (1) one projecting sign for each building façade (allowed) to two (2) projecting signs (requested) on the eastern side c) (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1)on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated in order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Note: The Land Development Code sign regulations 25-10-133 University Neighborhood Overlay Zoning Districts Signs (F) No signs may be placed above the second floor of a building, except for a non-electric sign that is engraved, cut into the building surface, or otherwise inlaid to become part of the building.(G) A wall sign is permitted if the sign complies with this subsection. (1) One projecting D-2/3sign for each building façade is permitted (H) A sign may not be illuminated or contain electronic images or moving parts. BOARD’S DECISION: Jan 11, 2021 POSTPONED TO FEBRUARY 8, 2021 (Board member Melissa Hawthorne abstaining) FINDING: 1. The variance is necessary because strict enforcement of the Article prohibits and reasonable opportunity to provide adequate signs on the site, considering the unique features of a site such as its dimensions, landscape, or topography, because: OR, 2. The granting of this variance will not have a substantially adverse impact upon neighboring properties, because: OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: 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: ______________________________ ____________________________ Elaine Ramirez Executive Liaison Don Leighton-Burwell Chairman Diana Ramirez forD-2/4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 D-2/5January 5, 2021 Michael Gaudini 2552 Guadalupe St Austin TX, 78705 Re: C16-2021-0003 Dear Michael, Property Description: LOT A OLT 50 DIV D HITCHCOCK SUBD RESUB OF LOTS 8 & 9 Austin Energy (AE) has reviewed your application for the above referenced property, requesting that the Board of Adjustment consider a sign variance(s) from the following section from the Land Development Code: Section 25-10-133 (University Neighborhood Overlay - Zoning District Signs) Requesting a total of 12 signs on the property:    (F) to allow three (3) wall signs above the second floor, one on each the northern, southern and eastern side of building. (G) (1) one projecting sign for each building facade (allowed) to two (2) projecting signs (requested) on the eastern side of building. (H) to allow for all twelve (12) signs, nine (9) on the northern, one (1) on the southern, one (1) on the eastern and one (1) on the western sides, to all be illuminated; In order to provide signage for the Moxy Hotel in a “CS-CO-NP”, General Commercial Services- Conditional Overlay Combining District– Neighborhood Plan zoning district. (West University Neighborhood Plan) Austin Energy does not oppose the above sign variances requested, provided any proposed and existing improvements follow Austin Energy’s clearance criteria requirements, the National Electric Safety Code and OSHA. Any removal or relocation of existing electric facilities will be at owners /applicants’ expense. Please use this link to be advised of our clearance and safety requirements which are additional conditions of the above review action: https://austinenergy.com/wcm/connect/8bb4699c-7691-4a74- 98e7-56059e9be364/Design+Criteria+Manual+Oct+2015.pdf?MOD=AJPERES If you require further information or have any questions regarding the above comments, please contact our office. Thank you for contacting Austin Energy. Eben Kellogg, Property Agent Austin Energy Public Involvement | Real Estate Services 2500 Montopolis Drive Austin, TX 78741 D-2/6E D N A R G O R I 24TH HALF S E C E U N N O T E S L L I H P M E H E P U L A D A U G 27TH HUME 26TH S I T I H W S I T I H W DEAN KEETON Y T I S R E V N U I 25TH 25TH I O N O T N A N A S ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY 24TH NOTIFICATIONS CASE#: LOCATION: C16-2021-0003 2552 GUADALUPE STREET This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 208 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-2/7D-2/8D-2/9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} D-2/10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} D-2/11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} D-2/12D-2/13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. Owner is requesting a Please accept this letter on behalf of 2552 Jack, LLC 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} D-2/14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} D-2/15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} D-2/16 Guadalupe Street Façade Full Façade View 1 EXHIBIT A {W1017457.1} D-2/17 Guadalupe Façade Full Façade View 2 {W1017457.1} D-2/18 Guadalupe Street Façade Ordering Window Signs {W1017457.1} D-2/19Guadalupe Façade North-Facing Sidewalk {W1017457.1} D-2/20Guadalupe Façade Moxy Signs {W1017457.1} D-2/21 West 26th Street Façade {W1017457.1} D-2/22 San Antonio Street Façade {W1017457.1} D-2/23San Antonio Street Façade Parking Sign {W1017457.1} D-2/24Southern Façade {W1017457.1} D-2/25D-2/26D-2/27D-2/28D-2/29D-2/30D-2/31D-2/32D-2/33EXHIBIT C Projected Signage along Guadalupe Street {W1019408.1} D-2/34Projected Signage along Guadalupe Street {W1019408.1} D-2/35 Projected Signage along Guadalupe Street {W1019408.1} D-2/36From: To: Cc: Subject: Date: Adam Stephens Ramirez, Elaine " C16-2021-0003 2552 Guadalupe Friday, January 08, 2021 5:07:24 PM *** External Email - Exercise Caution *** Ms. Ramirez, CANPAC, the city designated contact team for the planning area containing this project requests a postponement of this BOA case. After receiving the notice I reached out to the applicant at the phone number listed on the application and have not received a call back. Thank you, Adam Stephens and Bart Whatley, CANPAC co-chairs Adam Stephens (NMLS 216606) CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. D-2/37From: To: Subject: Date: Betsy Greenberg Ramirez, Diana; Ramirez, Elaine C16-2021-0003 -- 2552 Guadalupe St Sign Variances Wednesday, January 06, 2021 10:46:05 AM *** External Email - Exercise Caution *** Ms. Ramirez, Please include the information below with the members of the Board of Adjustment and post in the case backup. The University Neighborhood Overlay (including sign regulations) was revised by Austin City Council on November 14, 2019 (item 67). This was the conclusion of a process that included neighborhood groups, members of the development community, Codes and Ordinances joint committee, Planning Commission, and the City Council. The sign regulations were revised specifically so that developers would not have to seek a variance on signage when they built something new. And yet, this developer is not only seeking variances for 12 signs, but the signs have already been installed. To approve the variances, the applicant must show a hardship that prevents them from complying with the code or using the property as intended. This property has no hardships that would warrant ignoring the code. Please do not approve the requested sign variances and require the applicant to remove the signs that do not meet the code. Thank you for your attention and service. Betsy Greenberg CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. D-2/38From: To: Subject: Date: Betsy Greenberg Ramirez, Elaine RE: C16-2021-0003 -- 2552 Guadalupe St Sign Variances -- MUNI CODE ERROR Monday, January 18, 2021 7:37:18 PM *** External Email - Exercise Caution *** Ms. Ramirez, Please inform the board that the muni code https://library.municode.com/tx/austin/codes/land_development_code? nodeId=TIT25LADE_CH25-10SIRE_ART6REAPCESIDI_S25-10-133UNNEOVZODISI is not consistent with the ordinance passed by Council on November 14, 2019 https://www.austintexas.gov/edims/document.cfm?id=332460 This affects the sign regulations for the University Neighborhood Overlay. Specifically, 25- 10-133 (F) should be eliminated from the muni-code. Betsy Greenberg CANPAC vice-co-chair CAUTION: This email was received at the City of Austin, from an EXTERNAL source. Please use caution when clicking links or opening attachments. If you believe this to be a malicious and/or phishing email, please forward this email to cybersecurity@austintexas.gov. D-2/39