12-13-16 Regular Called Zoning Board of Adjustment Meeting

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Board of Adjustment Meeting December 13, 2016 El Toro Sign Variance square feet per the code would still allow the applicant ample room to advertise their business and would not have as great of a negative impact to motorists along driving by. b. That literal enforcement of this chapter will Being in a General Commercial zone their building result in unnecessary hardship because of is required to be set 20' back from the front exceptional narrowness, shallowness, shape, property line but due to parking and detention topography or other extraordinary or requirements the principal building is setback exceptional physical situation unique to the further than 20', which could create some specific piece of property in question. visibility difficulties. "Unnecessary hardship" shall mean physical That said, none of these issues are the result of hardship relating to the property itself as "unnecessary hardship" as the building is only distinguished from a hardship relating to required to be setback 20' and there is nothing convenience, financial considerations or relating to the property itself that prevents the caprice, and the hardship must not result from applicant from meeting code. the applicant or property owner's own actions. c. That by granting the variance, the spirit of this The intent of the City's nonconforming provisions chapter will be observed. are to bring structures into compliance over time. In this case, a nonconforming sign would be constructed on a lot that was not previously nonconforming but it would facilitate the building of a use intended for the district it is in. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment. ATTACHMENTS Exhibit A: Application, and a conceptual site plan with sign elevations Exhibit B: Area map