Denton zoning board postpones decision on gas-station sign variance after split vote

The Denton Zoning Board of Adjustment on Monday reopened a public hearing on a sign-setback variance for an existing gas station on Eagle Drive and postponed a final decision after a split panel.

City staff said the new monument sign sits about 3 feet 7 inches from the side property line and that the code requires a 10-foot side setback. "This existing sign is about 3 feet 7 inches from that property line, so they're requesting a setback difference of 6 feet and 5 inches," Assistant Planner Matt Birgby told the board during his presentation.

The applicant told the board the monument sign replaced an older pole sign and said conflicting surveys led to different measurements of the property line. The applicant acknowledged the installation error and said the sign was placed before the inspector completed a final inspection: "We made a mistake on that one when it cuts to the monument sign. It was placed before the inspector could come and look at it," the applicant said during testimony.

Board members questioned whether the sign could be relocated to the canopy or be replaced with wall signage and debated whether the site layout constituted a unique hardship that would justify a variance. Staff said the earlier sign was nonconforming for both height and location and that once the prior structure was removed the new sign constituted a "new sign" requiring conformance or a variance.

After debate a motion to approve the variance failed to reach the threshold the board identified as necessary; members then moved to postpone final action until another board member is added to the panel. The board approved postponement; the variance will be taken up again once the board reaches the membership required to decide.