ITEM04 C16-2026-0002 GRANTED DS — original pdf

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CITY OF AUSTIN Board of Adjustment Decision Sheet ITEM04 DATE: March 9, 2026 CASE NUMBER: C16-2026-0002 ___-____Thomas Ates (D1) ___Y____Bianca A Medina-Leal (D2) ___Y____Jessica Cohen (D3) ___Y____Yung-ju Kim (D4) ___-____Melissa Hawthorne (D5) ___Y____Haseeb Abdullah (D6) ___Y____Sameer S Birring (D7) ___N____Margaret Shahrestani (D8) ___Y____Brian Poteet (D9) ___Y____Michael Von Ohlen (D10) ___Y____Jeffery L Bowen (M) ___Y____Corry L Archer-mcclellan (Alternate) (M) ___-____Suzanne Valentine (Alternate) (M) ___-____VACANT (Alternate) (M) APPLICANT: Richard T Suttle, Jr. OWNER: RHP Block 21, LLC ADDRESS: 310, 306, 310 ½, 314 & 320 W 2nd Street; 301, 311, & 317 W 3rd Street; and 200, 210, & 212 Lavaca Street (F) (2) (a) maximum sign area for a freestanding sign from 0.5 square feet for each VARIANCE REQUESTED: The applicant is requesting a sign variance(s) from the Land Development Code, Section 25-10-129 (Downtown Sign District Regulations):  linear foot of street frontage (maximum allowed) to 250 square feet (requested) and  (G) (1) to exceed sign height for a freestanding sign of six feet (6 ft) (maximum allowed) to thirty feet (30 ft) (requested) to allow for a LED Pylon freestanding sign, in order to erect signage for ACL Live Events in a “CBD-CURE-CO”, Central Business – Central Urban Redevelopment – Conditional Overlay zoning district. Note: The Land Development Code sign regulations 25-10-129 Downtown Sign District Regulations (A) This section applies to a downtown sign district. (B) One freestanding sign is permitted on a lot. Additional freestanding signs may be permitted under Section 25-10-131 (Additional Freestanding Signs Permitted). (C) Wall signs are permitted. (D) A wall sign may be a projecting sign if the sign complies with this subsection. (1) One projecting sign for each building façade is permitted. (2) The sign area of a projecting sign may not exceed 35 square feet. (3) A sign may extend from the building façade not more than the lesser of: (a) (b) a distance equal to two-thirds the width of the abutting sidewalk. (4) For a sign that projects over state right-of-way, the state must approve the sign. six feet; or (E) One flag for each curb cut is permitted. A flag may be suspended over public right-of-way. (F) This subsection prescribes the maximum sign area. (1) For signs other than freestanding signs, the total sign area for a lot may not exceed 20 percent of the façade area of the first 15 feet of the building. (a) 0.5 square feet for each linear foot of street frontage; or (b) 200 square feet. (G) The sign height may not exceed: (1) (2) Source: Sections 13-2-867 and 13-2-869; Ord. 990225-70; Ord. 031211-11; Ord. No. 20170817-072, Pt. 13, 8-28-17. for a freestanding sign, six feet; or for a commercial flag, 30 feet. BOARD’S DECISION: The public hearing was closed by Chair Jessica Cohen, Board member Michael Von Ohlen’s motion to approve sign at 25 feet tall including base and a friendly amendment by Board member Yung-ju Kim that at 2:00 a.m. 10% luminosity max or less until sunrise, Board member Jeffery Bowen second on 9-1 votes (Board members Maggie Shahrestani nay); GRANTED SIGN AT 25 FEET TALL INCLUDING BASE AND A FRIENDLY AMENDMENT BY BOARD MEMBER YUNG-JU KIM THAT AT 2:00 A.M. 10% LUMINOSITY MAX OR LESS UNTIL SUNRISE. 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: the sign will be located at the southeast corner of the property and oriented towards W 2nd St and Lavaca, neighboring properties include City Hall building to the south, Silicon Labs building to the southeast, and AMLI Downtown multi family building to the east, the City Hall and Silicon Labs building are commercial buildings primarily occupied during daytime hours therefore would b minimally impacted by the proposed sign. OR, 3. The granting of this variance will not substantially conflict with the stated purposes of this sign ordinance, because: the design of the proposed sign does not conflict with the stated purposes of the sign ordinance as the sign will modernize the neighborhood enhance the aesthetic value of the City and is consistent with the urban character of the downtown 2nd Street District. 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: the Austin City Limit Live at Moody Theater is an entertainment venue that features different artist on a year round basis, the proposed LED sign will promote upcoming ACL Live events similar to the electronic signs at other at other state of the art entertainment venues. Elaine Ramirez Executive Liaison Jessica Cohen Madam Chair for