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Blanco City Council Grants Sign Variance to Chicken Express (Community News)

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The Chicken Express sign at Stripes with the cardboard coverings still in place before the variance.
By Priscilla Seals

A public hearing was held on November 11 prior to the regular meeting of the governing body of Blanco to hear concerns about a sign variance request from a new Chicken Express fast-food restaurant located on Highway 281 south of town. Resident Wayne Gosnell’s Letter to the Editor in the November 5 Blanco County News stated that the sign, located in the Stripes Convenience Store parking lot, “is in violation of at least three provisions of Blanco’s UDC in that it is too tall, too large, and has changeable copy.” Chicken Express owner Jerry Hamilton addressed these accusations by saying, “We got our sign permit, went through all the proper procedures. We followed the rules that were put before us. We want the Hill Country to be the Hill Country.”

Gosnell responded that he had attended the Blanco Planning and Zoning Commission meeting the previous week at which a motion to approve the variance died for lack of a second. He said, “I totally empathize with these people in front of me—they have been led down the primrose path. This process is totally messed up. We need to take a hard look at how our code enforcement and permitting process takes place. Granting this permit puts us on a slippery slope that I don’t think Blanco wants to go down. Little by little and step by step, we lose that Hill Country charm that we all cherish. It’s only a matter of time until 281 bypasses this town. We’ll fight it as long as we can, but it’s gonna happen. We need to give people a reason to come to our small, charming Hill Country town, and if we squander it away on big signs, we’re working against ourselves.” He said Chicken Express has not even asked for a variance for the size of the sign but only for a changeable copy sign. He referred to the Chicken Express sign in Dripping Springs, which is not a changeable copy sign and speculated, “If they can make money without a changeable copy sign in Dripping Springs, what is the logic that they must have a changeable copy sign in Blanco?” He also said that a written request for a variance must be made to the city stating that it will not set a precedent and questioned whether such a request had been submitted to the city. He suggested the “cheapest fix” would be to take out the changeable copy sign portion, which was covered with cardboard at the time of the meeting, and let the sign be a pole sign, which does not violate the signage ordinance and drop the square footage of the sign from 80 square feet to 40 square feet.

In the Public Comments portion of the meeting, Resident Retta Martin, spokesperson for Keep Blanco Beautiful and the Blanco Historic Preservation Commission, said, “I want to commend Wayne for the work he does for the community. He is carrying a torch for all the people who worked on the Comprehensive Master Plan and the Visionaries in Preservation program, who did not want Blanco to look like ‘Anytown, USA.’ If anyone needs to change a sign to follow the rules, they should. I encourage council to follow the rules.”

Jerry Hamilton responded that he was a coach and teacher for 35 years, and that he believes in rules. He said that he was told that the sign met code when he talked to Pete McKinney, Blanco’s code compliance officer, and that he tried to come before the Planning and Zoning Commission in September, but that he was told there was going to be a change, and that restaurants would be exempt. When council did not pass that change, they planned to come before P&Z in October, but the meeting was canceled. He was told by McKinney to put up the sign and cover it with cardboard until the variance was approved. Resident Jennifer Oines, who identified herself as a participant in the Visionaries in Preservation effort, said, “I don’t think huge, light-up signs are in character, and I’d like to see you do the right thing. That’s not small-town Blanco.”

In answer to a question by council member Danny Ray about the cost of removing the changeable copy portion of the sign, Rick Robertson of Global Signs said that the cost would be $6500-$7000 to remove it, including travel costs from Ft. Worth. Ray responded that the stonework actually looks nice. Robertson read the portion of the ordinance that deals with pole signs and said that he was told by Pete McKinney that the business could have up to a 200 square-foot sign. “He personally told me that the sign met code and that all we would have to do was go before the city to get a variance.” He denied that the company thought they could put up an illegal sign and ask for forgiveness after the fact.

As the regular portion of the meeting opened, members of Boy Scout Troop 497 led the Pledge of Allegiance to the flag. The scouts are working on their Citizenship of the Community Merit Badge. In his Mayor’s Comments, Mayor Chuck Homan congratulated the troop’s newest Eagle Scout, Thomas Bernard Kirkscey. He also welcomed back council member Al Turner, who has recently undergone cancer surgery.

As the discussion of the Chicken Express variance request resumed, council members Al Turner and Maria Guerrero both said that they feel that if the Chicken Express owners got a “bad permit,” they should not be held accountable and should be given time to correct the problem. “We would like to see you come into compliance,” said Guerrero.

P&Z chair Tony Vela reported on their last meeting, at which a motion to approve the Chicken Express sign variance died for lack of a second. Therefore, no action was taken. He speculated that Pete McKinney granted Chicken Express a permit “strictly on his own, to appease them, to allow them do what they wanted and not come into compliance.” Mayor Homan said that the original sign permit which was approved was for the sign without the changeable copy portion. Sr. Vela said the issue of a changeable copy sign had never come up before P&Z, but that the sign was complete before a request for a variance was ever made, with cardboard covering the changeable copy portion. Council member Bobby McClung recalled earlier discussions about changeable copy signs, in which he remembered that P&Z needed to make changes to Blanco’s sign ordinance, but that in some cases, such as fast-food restaurants, changeable copy signs would be all right. He said that two issues are at stakes—following the existing rules, that variances are the exception to the rule, not a rubber stamp—and that the decision was made three or four years ago, that P&Z was going to adjust the sign ordinance for Blanco and bring it back to council, adjustments which have not been made. Sr. Vela agreed that changes may need to be made, but until then the code compliance officer should make sure the existing ordinance is complied with. P&Z commissioner Martha Gosnell said a committee has been formed to adjust the sign ordinance. McClung said that a permit was issued that is out of compliance, and the issue is what is to do about it. Maria Guerrero asked where Pete McKinney was and was told he was at another meeting, a response that drew chuckles from the crowd.

Global Signs co-owner Debbie Robertson showed a table from section 5.4 of the sign ordinance that she was given by Pete McKinney, which showed that business in that zone could have 200 square-foot signs. Mayor Homan said he had talked to Pete McKinney, who said he had used that table in granting the permit to Chicken Express. Bobby McClung said the zoning districts are ambiguous. “I’m not sure this permit was issued in error,” he concluded, adding, “I don’t think this table reflects what most citizens want.” The Chicken Express sign is 80 square feet, including the changeable copy portion. Following this discussion, Danny Ray made a motion to grant the variance, and Al Turner seconded it. In a three-two vote, McClung, Ray, and Turner voted to grant the variance. Martin Sauceda and Maria Guerrero voted to oppose the variance.

In comments to this reporter following the vote, Bobby McClung gave his opinion that a changeable-copy marquee “is not in conflict with keeping Blanco’s rural character. “ Wayne Gosnell thanked Guerrero and Saucedo for standing up for preservation of Blanco’s “small-town charm.” He also warned that the city has, in his words, “a serious problem with the city’s code enforcement officer” and that the city may end up “in legal hot water” because of him.

In other business, council voted to allow a street closure on Pecan Street between 2nd and 3rd Streets for Jim Raby to host a free street dance after the Christmas parade on December 13. Raby wishes to express his appreciation to the community for their support of his family during the illness and following the death of his wife. Council took no action on an updated bid from consultant Chris Holtkamp to facilitate the updates to the Comprehensive Master Plan. Bobby McClung agreed the update is important and volunteered to lead a workshop to help get the process going. Council voted to accept a bid from AAA Foundation Repair to repair the foundation of the Byars Building at a cost of $9500 after Public Works Director Nathan Cantrell said he thought the bid was reasonable. “That’s where we need to start,” said Danny Ray as he made the motion to award the bid.

In a discussion of recent annexation letters which have been sent to residents, Bobby McClung explained that annexing properties contiguous to the existing city limits, such as portions of Cielo Springs, gives the city control of its borders and will enable the city to have some say in what happens when an anticipated bypass is built, probably south and east of town. He used the example of La Grange, which has a bypass that has killed the city, while one built around Seguin has incorporated enough of the city so that the city gets tax revenue from the businesses along it and people still drive into Seguin. “The city would be well-protected to control land where the bypass goes. It is important to extend the city limits to areas of future development to the east.” He also pointed out that water rates and trash collection rates drop when a property is annexed, although taxes rise. A public hearing will be held December 2 for residents of the annexed properties to voice their concerns.

Keep Blanco Beautiful spokesperson Martha Gosnell said that high school students have been a great help in hanging holiday lights in Bindseil Park but that adults are needed to assemble the displays. She said there is a lot of work to be done if the displays and lights are to be finished for the Courthouse Lighting on Friday after Thanksgiving.

Retta Martin reported for the Streetscape project that Blanco National Bank has received a certificate of appropriateness for its new sign on its newly-designed façade. She said they have received a bid from PEC of $7,997.69 to move utility poles and raise wires on the square. Danny Ray said it is an important part of beautifying downtown Blanco, and that the price seems fairly reasonable. Council voted to accept the Blanco Historic Preservation’s recommendation of Amy Petri as a new commissioner.

Finally, Police Chief Mike Ritchey reported that the monthly statistics for the department are good. He said the police department is participating with the U. S. Marines in a Toys for Tots collection to provide toys for local children. A bin for dropping off new, unwrapped toys has been placed at the police department. He said the drive shows the department’s support for the needy families of Blanco. Chief Ritchey also read a letter from the department to Best Buy thanking them for donating video equipment for the department’s investigation/interrogation room. The letter, which was signed by the mayor, thanks the chain for being “a great partner” with the Blanco Police Department. Mayor Homan thanked Chief Ritchey and his department for their help with the recent Veteran’s Day Parade.

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