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Item 9ACITY OF SQUTHLAKE MEMORANDUM August 1, 2012 To: Honorable Mayor and City Council From: Shana Yelverton — City Manager Subject: Agenda item 9A — Appeal of the Administrative Official's decision regarding the destruction and ability to repair or replace a nonconforming existing sign located at 110 W. Southlake Boulevard (Texaco). Action Requested: Consider appeal request. Background Information: The ground (pole) sign previously located at 110 W. Southlake Boulevard was legally erected under a previous sign ordinance and has remained as a legal non - conforming sign. Under the current sign ordinance, such pole structures are no longer permitted. The recent automobile accident has caused destruction of the sign to the point that only a single support column remains. Pursuant to Section 5.1 of Sign Ordinance No. 704 -F, any legal, non- conforming sign shall be deemed as completely destroyed if the cost of repairing the sign is greater than 60% of the cost of erecting a new sign. June 18, 2012, Paul Ward, Chief Building Official, sent a letter to Faisal Kahn at Magic Texaco explaining the status of the damaged sign and prohibiting the erection, alteration or repair of a sign until an approved sign permit is granted by the City. (Attachment A) June 21, 2012, Faisal Khan responded with a letter of appeal. (Attachment B) Financial Considerations: None Strategic Link: Quality Development Legal Review: None Alternatives: Recommend alternate signage options. Attachments: (A) Letter from Paul Ward (B) Letter of Appeal from Faisal Kahn (C) Photos (D) Staff prepared exhibits ATTACHMENT `A' CITY OF SOUTHLAKE June 18, 2012 Faisal Khan Dash and Karry DBA Magic Texaco 110 West Southlake Blvd. Southlake, Texas 76092 RE: Damaged Pole Sign at 110 West Southlake Blvd. Dear Sir: The pole sign located at the above address was legally erected under a previous sign ordinance and has remained as a legal non - conforming sign. Under the current sign ordinance, such pole structures are no longer permitted. The recent automobile accident has caused destruction of the sign to the point that only a single support column remains. Pursuant to Section 5.1 of Ordinance No. 704 -F (Sign Ordinance), any legal, non- conforming sign shall be deemed as completely destroyed if the cost of repairing the sign is greater than 60% of the cost of erecting a new sign. As such, the existing sign support currently erected must be removed within ninety (90) days. A permit shall be required to erect a new sign. However, pole signs are prohibited under the current ordinance. In accordance with Section 9.6 of the Sign Ordinance, you may appeal this decision to the City Council. Such appeal must be made within ten (10) days from the date of this letter. Such appeal shall be filed in writing directly to me and the appeal shall specify the basis for the request. Unless approval is granted by the City Council, the destroyed pole sign shall not be erected, altered, or repaired until an approved sign permit is granted by the City. The penalty for violation to the sign ordinance can be up to $500.00 per day per offense. Please contact me for any questions or comments at 817 - 748 -8278. Sincerely, Paul Ward, Chief Building Official, C.B.O. Cc Ken Baker, Director of Planning & Development CERTIFIED NO 7010 0290 0002 2574 6513 City of Southlake Building Inspections 1400 Main St., Suite 250 Southlake, Texas 76092 ATTACHMENT `B' Paul Ward C.B.0 City of Southlake Southlake Tx 76092 Re: Appeal for repairs of damage pole sign Damage pole sign was installed in 1990, our legal assistance are investigating that city of Southlake had any sign ordinance in 1990 or it was installed on the basis or Grand Father Law. Whatever was the law in 1990 should be considered for repairs for the following reasons. 1. Accident took place ion 5 -20 -12 and your letter got received by Us on 6 -20 -12 We have been informed by Ins. Com. To collect estimates for repairs not for new monumental sign. (ground) 2. Our ground is not even for ground sign. 3. Square foot area is not determined. 4. Existing spot is not worth installing ground sign. 5. Ins. com. May not allow Us a brand new sign 6. Need curb side close to 1709 and sign facing East /West 7. Ins. Com. May not allow additional land scape /electrical expenses. S. If city of Southlake is willing to compensate the difference between repair/ new installations expenses. The above mention Facts should be consider for our request and appeal for repairs of damage pole sign, if not your department is cordially invited to negotiate with the Insurance Company on our behalf for cost of a brand new sign, labor, material, electrical, landscape and installation. For your convenience Mr. Bob Newsom is available at 214 - 459 -9132 adjuster Thank you Faisal Khan 4, P, /. /Z Magic Texaco 110 W Southlake Blvd, Southlake, TIC 76092 @17) 421 -3149 ATTACHMENT `C' PHOTOS OF DAMAGED SIGN r� IT f - , i ATTACHMENT `D' POLE SIGN PRIOR TO ACCIDENT PROPERTY BOUNDARY LINE AND SIGN LOCATION J, 11Q F ATTACHMENT `D' CURRENT ORDINANCE REGULATIONS FOR GAS PRICING MONUMENT SIGNS r IGD 0 � Gas Pricing Monument Sign must be at least 15 feet r �. \\ \ �O ok from any property line. +s s� Sign Type Maximum Sign Height Maximum Sign Face Area Maximum Sign Structure Area Number of Signs Location Illumination Additional regulations 6. Gasoline Total Height: 6'6" 50 s.f. per 70 s.f. One per Minimum of 15 Ground lighting Sign must be integral Pricing Base: 18" sign face; site. feet from any where the light to the permitted sign Sign Face: 4' 100 s.f. per property line; itself and for the site. Price per Sign Structure: 5' sign 500 feet distance supporting gallon display may not between any two structure are not scroll, flash, or business visible from public change more monument signs ROW. Internal frequently than once a on one site lighting may be day. utilized for sculpted A minimum of 6 aluminum panels. inches of sign structure must completely surround sign face.