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
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ATTACHMENT `D'
POLE SIGN PRIOR TO ACCIDENT
PROPERTY BOUNDARY LINE AND SIGN LOCATION
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ATTACHMENT `D'
CURRENT ORDINANCE REGULATIONS FOR GAS PRICING MONUMENT SIGNS
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Gas Pricing Monument Sign
must be at least 15 feet r
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from any property line.
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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.