PRESENTER: Presenter
Applicant: Executive Signs Enterprises, Inc., Erica Vazquez
Owner: XT Happy Ventures LLC; Xiaohuan Huang
Body
SUBJECT: Title
ZB25-0004 Hold a public hearing and consider a request for variances from Section 106-14(a) to allow a freestanding monument sign to exceed the maximum allowable sign area, and to encroach into the required minimum setback in the C-1A Neighborhood Business District, located on Lot 1 of the Walnut Hills Subdivision, currently addressed 1417 North Walnut Avenue
Header
BACKGROUND RATIONAL:
Case #: ZB25-0004
Applicant: Executive Signs Enterprises, Inc.
Erica Vazquez
5621 Central Texas Drive
San Marcos, TX 78666
(512) 292 - 9939 Ð permits@executivesigns.com
Staff Contact: Colton Barker, Assistant Planner
(830) 221 - 4274 Ð CBarker@newbraunfels.gov
The subject property is located on the southwest side of North Walnut Avenue and is approximately 0.27 acres in area. The property was rezoned from R-2 Single-Family and Two-Family District to C-1A Neighborhood Business District in 2023 (Ordinance 2023-80). The existing structure on the property was originally constructed in 1950 as a residential home and was renovated in 2024 to meet commercial building safety standards. The property is currently being utilized as a State Farm Insurance Agent Office. There are no permanent freestanding signs currently located on the property.
The applicant, Executive Signs Enterprises, Inc., is requesting variances from Sec. 106-14(a) to allow one freestanding monument sign to encroach 9-feet into the required 10-foot setback and to exceed the maximum allowable overall sign area of 32-sqft by 16.92-sqft.
New Braunfels’ Sign Ordinance allows sign types and sizes based upon the zoning district and specific street frontage. The property’s existing C-1A zoning allows for alternatives to the proposed freestanding monument sign - listed below and in the attached comparison chart.
The existing C-1A zoning of the subject property allows the following freestanding signage options:
• 1 Freestanding Monument Sign
o Max area 32-square-feet, max height 8-feet, min setback 10-feet OR;
• 1 Low Profile Pole Sign
o Max area 20-square-feet, max height 6-feet, min setback 10-feet
The proposed freestanding monument sign:
• Overall sign area of 46.67 square-feet, and
o This measurement is inclusive of the entire sign structure as required for monument signs under the City’s current sign code Chapter 106-15(1)(D).
• Overall sign height of 6-feet, and
• Setback of approximately 1-foot from the property line, and
• No other permanent freestanding signage exists or is proposed on property.
Section 2.2-2(a) of the Zoning Ordinance states the BOA may authorize a variance from the sign regulations only upon finding all of the following facts:
1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of land; (The applicant states “The property is unique in that it is elevated in the right of way by a retaining wall. Set back behind adjacent landscaping beyond the property line, which in this case is not necessary, and will impede the publics ability to read this short monument sign. Since this lot has no easements across it, there is no reason to set the monument farther back against the building. This will allow it to read easier from both directions and be an effective advertising tool for the business owner.” Staff confirms that there are no platted easements located on the subject property, however freestanding signage proposed within the C-1A Neighborhood Business District is required to be setback a minimum of 10-feet from the property line.) and
2) That the sign variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (The applicant states “Setting this monument sign further back against the building is not necessary since the right of way is wider in front of this property. Setting this monument sign back one foot behind the property line will still place it further behind the sidewalk than other lots have their signs placed on this stretch of Walnut Avenue.” Staff notes there is approximately 16-feet of public right-of-way between the property line and the street edge. At the proposed location the monument sign would be setback 1-foot from the property line and 17-feet from the street edge.) and
3) That the granting of the sign variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; (The applicant states “Granting this variance will not impact any of the surrounding properties in any way nor will it have any impact on public safety.”) and
4) Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Chapter; (The applicant states “Granting this variance will have no impact on surrounding properties.”) and
5) That an undue hardship exists; (The applicant states “Because of the topography mentioned above and the existing trees and landscaping along the adjacent property lines, setting the monument further back blocks its viewing angles. Setting it one foot behind the property line helps eliminate this and improves readability in this scaling.” Staff notes that Walnut Ave is classified as a principal arterial roadway and the existing Right-of-Way (ROW) at this portion of Walnut Ave is approximately 100-feet in width.) and
6) That the granting of a variance will be in harmony with the spirit and purpose of these regulations. (The applicant states “The placement of this monument as requested is in keeping with proper spacing and placement along this roadway. It will allow for the sign to read as well as for the current adjacent landscaping to be maintained. It will also allow it to be installed without forcing it back against the structure allowing for easier maintenance.” Staff notes the monument sign is proposed to be located be approximately 7-feet 10-inches from the building and 17-feet from the street edge.)
Per Section 2.2-2 of the Zoning Ordinance, a variance shall not be granted to relieve a self-created or personal hardship, nor based solely on economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by Chapter 144 to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.
Draft Land Development Ordinance (LDO) Review:
Staff reviewed the Draft Land Development Ordinance to determine if the draft proposes alternate methods for sign area calculation and/or reduced setback requirements for monument signs. The draft LDO does not require the base of monument signs to be included in sign area calculations, but does still require a minimum 5-foot setback for monument signs, as can be seen in the following draft sections:
Article 7: Signs, 7.4.1 Sign Area, C Methods of Measuring Sign Area, 1.b. Area calculation does not include the base of a monument sign, or any decorative rocks or landscaping surrounding the sign base.
Article 7: Signs, 7.3.9 Monument Sign, A Dimensional Standards, Table 7-6: The smallest required setback for monument signs is 5-feet across all districts. Under the proposed LDO draft the property would be allowed 1 monument sign / 300 linear feet of street frontage, at a maximum sign area of 48-square-feet, maximum overall height of 10-feet, and a minimum setback of 5-feet from the property line.
GENERAL INFORMATION:
Size:
Lot area: 0.277 acres
Lot depth: approximately 126 feet
Lot width: 99.51 feet
Variance Request Due to Notice of Violation:
No.
Surrounding Zoning and Land Use:
North - Across N Walnut Ave, R-2 and C-1 / Residential low-density and Commercial
South - R-2 / Residential low-density
East - R-2 / Residential low-density
West - C-1A and C-1 / Commercial
Notification
Public hearing notices were sent to 9 owners of property within 200 feet of the subject property. To date, staff has received one response in favor of the request.
RESOURCE LINKS:
• Chapter 106 Sign Ordinance, Sec 106-8 Variance and Appeal:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-8VAAP>
• Chapter 106 Sign Ordinance, Sec 106-14(a) Sign Dimensional Standards:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-14PEEMSIRE>
• Chapter 106 Sign Ordinance, Sec 106-14(b) Design Requirements:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-14PEEMSIRE>
• Chapter 106 Sign Ordinance, Sec 106-15 Principals of Sign Area Computation:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH106SI_S106-15PRSIARCO>