Feb 12, 2026 Design Review Committee on 02/12/2026 6:00 PM

[00:00:04]

I CALL THE MEETING TO

[1. CALL TO ORDER – 6:00 PM]

WELCOME EVERYBODY.

WELCOME TO THE DESIGN REVIEW COMMITTEE MEETING ON FEBRUARY 12TH, 2026.

I'M GONNA GO AHEAD AND DO THE PLEDGE OF ALLEGIANCE.

I I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDERGROUND, INDIVISIBLE, WITH LIBERTY AND JUSTICE TRIAL.

NOW THE TEXAS FLAG, HONOR THE TEXAS FLAG ALLEGIANCE, TEXAS, ONE STATE UNDER GOD, ONE INDIVISIBLE.

NOW A MOMENT OF SILENCE.

AMEN.

ALL RIGHT.

DO WE HAVE

[2. CONFLICT OF INTEREST]

WE'LL MOVE ON TO ITEM NUMBER THREE FOR PUBLIC COMMENTS.

DO WE HAVE ANY PUBLIC COMMENTS? I SEE NONE FOR PUBLIC COMMENTS, SO WE'LL MOVE ON TO

[4. CONSENT AGENDA]

I NEED A MOTION TO APPROVE THE CONSENT AGENDA, WHICH THE ONLY ITEM ON THERE IS THE MINUTES FROM THE PREVIOUS MEETING.

I MOVE TO APPROVE THE CONSENT AGENDA.

ALRIGHT, AND A SECOND.

SECOND ALL.

AND THEN, UH, ALL IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

RIGHT.

ALL OPPOSED.

ALRIGHT.

MOTION PASSES FOR THE CONSISTENT AGENDA.

NOW WE'LL

[5.A. CONSIDER A REQUEST FOR A VARIANCE TO THE UNIFIED DEVELOPMENT CODE 9.7.D.7. (DIMENSIONAL TABLE) TO REDUCE THE MINIMUM VERTICAL CLEARANCE FOR HANGING SIGNS FROM 10 FEET OF VERTICAL CLEARANCE OR 2 FEET BELOW THE EDGE OF THE AWNING, WHICHEVER IS GREATER, TO 7 FEET OF VERTICAL CLEARANCE FOR TWO NEW HANGING SIGNS, LOCATED AT 455 S. MAIN STREET.]

DO I HEAR ANY COMMENTS? UH, GOOD EVENING.

MY NAME IS BEN SIMMONS.

I'M A MEMBER OF THE PLANNING DEPARTMENT AND WE'LL BE PRESENTING THIS ITEM.

UH, FIRST I WOULD JUST LIKE TO QUICKLY REVIEW THE PROCESS INVOLVED WITH ASSIGNED VARIANCE WITHIN THE HISTORIC DISTRICT.

SO AS A PART OF THIS PROCESS, THE FIRST STEP IS APPLICANT SUBMITTING A SIGNED PACKAGE WITH THE UNDERSTANDING THAT IT'LL NEED APPROVAL FROM BOTH THE HISTORIC LANDMARK COMMISSION AND THE DESIGN REVIEW COMMITTEE.

UM, NEXT IT'LL BE PRESENTED AT THE HISTORIC LANDMARK COMMISSION WHO REVIEW IT FOR COMPLIANCE WITH HISTORIC DISTRICT GUIDELINES AND ULTIMATELY PRESENTED THE DESIGN REVIEW COMMITTEE TO DECIDE ON THE VARIANCE.

NOW WE CAN LOOK AT SOME OF THE BACKGROUND OF THIS PROPERTY.

UH, THE SUBJECT PROPERTY IS LOCATED AT 4 55 SOUTH MAIN STREET.

THE APPLICANT IS KELLY MATLEY, KELLY MATTINGLY OF SAMA, AND THE BUSINESSES ARE LAINA AND HAN REALTY.

THE APPLICANT IS REQUESTING A VARIANCE TO UDC NINE DASH SEVEN D SEVEN FOR TWO NEW TENANT SIGNS.

UH, SOME OTHER INFORMATION ABOUT THE PROPERTY IS THAT ZONED C3 COMMUNITY COMMERCIAL WITHIN THE HISTORIC DISTRICT.

UH, AGAIN, THE HISTORIC LANDMARK COMMISSION APPROVED THE SIGN WITH THE KNOWLEDGE THAT IT WOULD NEED A DRC VARIANCE AT THEIR JANUARY 6TH, 2026 MEETING.

THIS IS A STREET VIEW OF THE SUBJECT PROPERTY FROM MAIN STREET.

UH, THE NEXT COUPLE OF SLIDES WILL DOCUMENT SOME EXISTING CONDITIONS REGARDING HANGING SIGNS WITHIN THE HISTORIC DISTRICT THAT ARE SIMILAR TO THE PROPOSED SIGN.

THIS IMAGE SHOWS APACHE RIFLE WORKS, WHICH HAS A HANGING SIGN WITH A VERTICAL CLEARANCE OF ABOUT NINE FEET, IS SHOWN ON THIS LOCATOR MAP WITH THE RED PEN.

THIS IS THE HANGING SIGN AT THE DINGER TRADING COAT, WHICH HAS A VERTICAL CLEARANCE OF EIGHT FEET, TWO INCHES AND IS SHOWN ON THE MAP WITH THE TEAL BLUE PEN.

THIS IS THE HANGING SIGN AT SHOE GROOVE, WHICH HAS A VERTICAL CLEARANCE OF SEVEN AND A HALF FEET AND IS SHOWN ON YELLOW.

UH, IT'S DIRECTLY ACROSS MAIN STREET FROM THE SUBJECT PROPERTY.

THIS IS THE SIGN AT GUNPOWDER CABERNET.

UH, IT'S APPROXIMATELY EIGHT FEET, FOUR INCHES OF VERTICAL CLEARANCE AGAIN SHOWN IN YELLOW.

THEY'RE, UH, NEXT DOOR TO EACH OTHER, THESE TWO BUSINESSES.

THIS VARIANCE REQUEST RELATES TO UDC NINE DASH SEVEN

[00:05:01]

IN THIS CASE, THE APPLICANT IS PROPOSING A VERTICAL CLEARANCE OF SEVEN FEET.

UH, THE SIGNS ARE NON LITT, UH, APPROXIMATELY SIX SQUARE FEET EACH HUNG PARALLEL UNDER THE ATTACHED AWNING STRUCTURE FROM STAFF REGARDING APPROVAL CRITERIA ARE AS FOLLOWS FOR UNNECESSARY HARDSHIP.

UH, THIS PROPERTY WAS CONSTRUCTED CIRCA 1920 WELL BEFORE CURRENT SIGN REGULATIONS WERE ADOPTED BY THE CITY OF BURN.

THE SINGLE STORY STRUCTURE FEATURES A STANDING SEAM METAL PORCH ROOF, WHICH BLENDS INTO THE ATTACHED AWNING.

GIVEN THIS UNIQUE BUILDING DESIGN, THERE ARE LIMITED OPTIONS FOR SIGNAGE.

UH, AN ADDITIONAL DIFFICULTY RELATED TO THE SITE IS THAT THE WALKWAY FOR THE SIDEWALK IS ELEVATED, ELEVATED ABOVE THE STREET, FURTHER REDUCING THE AMOUNT OF VERTICAL CLEARANCE FOR THESE SIGNS.

THE NEXT UH, APPROVAL CRITERIA IS UNIQUE CIRCUMSTANCES.

WHILE THE PROPOSED HANGING SIGN DOES NOT MEET THE MINIMUM VERTICAL CLEARANCE LIMIT, IT REMAINS PROPORTIONATE TO THE BUILDING AND APPROPRIATELY SCALED FOR PEDESTRIAN VISIBILITY.

IN THIS CONTEXT, THE DISTRICT'S PEDESTRIAN CHARACTER CREATES A UNIQUE CONDITION WHERE STRICT ENFORCEMENT OF THE VERTICAL CLEARANCE STANDARD MAY LIMIT EFFECTIVE SIGNAGE VISIBILITY IN A MANNER NOT FULLY ANTICIPATED BY THE REGULATION.

THE THIRD CRITERIA IS HARDSHIP.

THE HEIGHT OF THE AWNING WAS ESTABLISHED PRIOR TO THE VARIANCE REQUEST AND REMAINS UNCHANGED.

THESE CONDITIONS WERE NOT CREATED BY THE APPLICANT.

THE FOURTH IS NO ADVERSE IMPACT.

THIS, THESE SIGNS DO NOT OBSTRUCT VIEWS OR DISRUPTIVE ADJACENT USES, AND THEY ALIGN WITH EXISTING SIGNAGE AND BUILDING SCALE.

THE LAST CRITERIA IS HARMONY WITH UDC INTENT.

THE SIGN MAINTAINS CLARITY, SAFETY, AND VISUAL COMPATIBILITY WITH HISTORIC DISTRICT CHARACTER STAFF RECOMMENDS THAT THE DESIGN REVIEW COMMITTEE DETERMINE IF THE REQUEST MEETS THE CRITERIA FOR A VARIANCE AND APPROVE OR DENY THE VARIANCE REQUEST FOR 4 55 SOUTH MAIN STREET.

I WILL NOW YIELD TO THE COMMITTEE FOR DISCUSSION AND QUESTIONS WITH THESE MOTIONS FOR CONSIDERATION.

BRIAN, ANY QUESTIONS? I HAVE A FEW QUESTIONS.

OKAY.

UM, SO I APPRECIATE THE EXAMPLES OF SOME OF THE OTHER SIGNS THAT YOU GAVE OR THAT THE APPLICANT GAVE.

UM, BUT I, I THINK A LOT OF THE SIGNS COME WITH THIS COMMITTEE GIVING AN EXCEPTION TO THOSE SIGNS FOR WHATEVER REASON.

RIGHT.

AND THERE ARE MORE AND MORE OF THOSE EXCEPTIONS.

MY CONCERN LARGELY IS THAT, UM, IF WE HAVE CODES TO PROTECT THE HISTORIC DISTRICT AND THE THE TRAFFIC IS SLOW, THE FOOT TRAFFIC IS SLOW.

I LIVE IN THE HISTORIC DISTRICT, SO THE FOOT TRAFFIC IS SLOW.

THE TRAFFIC, THE CAR TRAFFIC IS SLOW.

IT'S REALLY EASY TO SEE SIGNS.

I MEAN IT'S VERY, VERY EASY TO SEE SIGNS.

SO MY QUESTION IS, HAS THERE BEEN CONSIDERATIONS FOR SIGNAGE WITH RESPECT TO THESE BUILDINGS THAT CAN COMPLY WITH THE CODES THAT WE HAVE, UM, CURRENTLY AND HAS THAT BEEN CONSIDERED AND RULED OUT? AND IF SO, WHY WOULD THE SIGNS THAT EXIST IN THE CODES THAT WE ALREADY HAVE FOR THE CITY NOT WORK IN THE HISTORIC DISTRICT? SO WE CONSIDERED A COUPLE OF, UH, OPTIONS.

SO ANOTHER OPTION WOULD BE A PEDESTRIAN SIGN HUNG PARALLEL TO MAIN STREET.

UM, IT IS NOT LIKELY THAT THAT WOULD MEET VERTICAL CLEARANCE EITHER.

DUE TO THE, THE NATURE OF HOW LOW THE AWNING IS.

UH, WE CONSIDERED A ROOF SIGN.

UM, ROOF SIGNS, UH, ARE LIMITED TO ADVERTISE A BUILDING RATHER THAN A BUSINESS.

SO THAT DID NOT WORK FOR THESE TENANTS.

UM, THEY DO HAVE A COUPLE WALL SIGNS, UM, WHICH HAVE BEEN APPROVED.

UM, AND WOULD THE SCALE OF THE SIGNS, I MEAN IT LOOKS SEVEN VERSUS 10 FEET, WOULD THERE BE ANY SCALE OUTSIDE OF, I MEAN THE WALL SIGNS THAT HAVE BEEN APPROVED? CERTAINLY WOULD, YOU KNOW, IN MY ESTIMATION, BE ABLE TO BE SEEN WITH THAT SHORT OF A DISTANCE WITH JUST THE WALKWAY FROM TRAFFIC.

'CAUSE I JUST DRIVE THERE EVERY SINGLE DAY.

UM, IS THERE ANY WAY THAT, AGAIN, WITHIN CITY CODES THAT EXIST, INSTEAD OF TAKING CITY CODES AND DOING SOMETHING WITH THEM TO CHANGE ALL OF THE SIGNS? 'CAUSE YOU KNOW, WITH RESPECT TO EVERYTHING ELSE THAT WAS SHOWN, IS THERE ANY WAY TO DO THAT HANGING SIGN THAT WOULD ACCOUNT FOR THE CLEARANCE THAT WOULD BE ON A SMALLER SCALE, BUT STILL GIVE, GIVE THEM WHAT THEY'RE LOOKING FOR IN BOTH A HANGING SIGN INCLUDED WITH THEIR WALL SIGNS IN THE FRONT OF THEIR BUILDINGS? SO FOR THE HANGING SIGNS SPECIFICALLY, THE AWNING

[00:10:01]

SO IT WOULD MAKE IT, UH, INCREDIBLY DIFFICULT TO HAVE HANGING SIGNS IN THAT ORIENTATION.

UM, THE FACADE, THE FRONT FACADE OF THE BUILDING THAT FACES MAIN STREET IS, IS VERY LIMITED.

IT'S TWO SUITES.

SO YOU HAVE TWO DOORS, TWO WINDOWS.

IT LIMITS THE, THE AVAILABILITY OF WALL SPACE FOR SIGNS IN THIS LOCATION AS WELL.

SO THE QUESTION IS TWO SIGNS FOR THE WALL SIGN ESSENTIALLY IS WHAT IT COMES DOWN TO.

LIKE MEANING THE, THE HANGING SIGN AND THE, THE WALL SIGN OR THE ABILITY TO, YOU KNOW, ADVERTISE AS IT HAS BEEN, UM, OR ARE DOING BOTH? THAT'S KIND OF WHAT, WHAT WE'RE LIMITED TO IS WHAT I'M HEARING? YES.

OKAY.

THANK YOU.

YEAH.

ANY OTHER QUESTIONS? CAN YOU GO BACK TO THE PICTURE THAT SHOWS THE SIGNS? YES.

ALRIGHT, SO TWO DIFFERENT BUSINESSES THERE, RIGHT? TWO BUSINESSES.

UH, SAME OWNER.

WELL, VERY NICE DESIGN.

IT LOOKS, UM, FITTING TO THE HISTORIC DISTRICT.

IS THERE ANY SAFETY CONCERNS WITH HOW LOW IT MAY HANG? I THINK THERE'S ALWAYS SAFETY CONCERNS.

I THINK THAT'S THE INTENT OF THE 10 FOOT CLEARANCE.

UM, SEVEN FEET IS WHAT IS UH, REQUIRED OF A DA COMPLIANCE FOR HANGING SIGNS.

SO, OKAY, SO IT'S WITHIN A DA RULES? CORRECT.

OKAY.

ALRIGHT.

ANY OTHER DISCUSSION? ALRIGHT.

DO I HAVE A MOTION TO APPROVE? YES.

I'LL MAKE A MOTION TO APPROVE.

DO WE HAVE A SECOND TO APPROVE? I'LL MAKE A SECOND TO APPROVE.

SO MAKE THEM, OR IF YOU PUSH THE BUTTON ON YOUR DEAL TO MAKE THE MOTION.

ALRIGHT.

ANY FURTHER DISCUSSION? ALRIGHT, SO, UH, CAN WE ALL, UH, VOTE FOR ALL IN FAVOR? SO ANY OPPOSED TO THE MOTION? YES.

ALRIGHT.

WE HAVE TWO YAYS, ONE NAY.

AND SO THE MOTION HAS PASSED AND UH, CONGRATULATIONS ON THAT.

I WILL MOVE ON TO ANY COMMENTS FROM THE LEGAL TEAM.

ITEM NUMBER SIX, NO DISCUSSION ITEMS. ALRIGHT, ANY OTHER COMMENTS FROM STAFF? ALRIGHT, THEN I WILL ADJOURN THE MEETING.

THANK YOU EVERYBODY.

THANK YOU.