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Home My WebLink About743-BADATE: September 5, 2019 TO: Board of Adjustment FROM: Katrina Purcell, Planner I SUBJECT: To consider a request for a Variance to the requirement that an electronic reader board is to be attached to or be a part of a detached owner identification sign and not attached to the structure itself. FILE: 743 -BA STAFF REPORT The applicant, Bryan Kirbow, is requesting a Variance to the requirement that an electronic reader board is to be attached to or be a part of a detached owner identification sign and not attached to the structure itself. The existing Sign Ordinance states, "The electronic reader board is to be attached to .or a part 'of a detached owner identification sign" (Sec. 28.04.003 (5a). The electronic reader board is not to be a standalone sign or attached to the building or structure. The applicant states the reason for this variance request is that attaching the signage to a pole will add an additional $8500 to the cost of the sign versus placing the signage on the building. In order for a Variance to be approved, the applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 5 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Tract 295, Plat RS4, Abstract 17 of WB Dyches, Beaumont, Jefferson County, Texas, containing 1.303 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bryan Kirbow PROPERTY OWNER: Bryan Kirbow LOCATION: 7965 Eastex Freeway IWIRMIk PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Commercial EAST: Industrial SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: GC -MD (General Commercial Multiple Family Dwelling) —1.303 acres Commercial X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: GC -MD (General Commercial Multiple Family Dwelling) LI (Light Industrial) RS (Residential Single Family Dwelling) MS Stable Area Eastex Freeway Frontage — Freeway access road with 60' wide right-of-way and 20' pavement width Old Voth Road --Major collector with 60' wide right-of-way and 20' pavement width Open Ditch 16" water line at Old Voth Road SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNER NOTICES SENT WITHIN 200` BUSH WALTER DON & NANCY CHRISTIAN SCHOOLS OF BMT SUBD CRENSHAW CORP NBE ENTERPRISES LLC ONEAL BOBBY J ET UX BOARD OF ADJUSTMENT APPLICATION FORM CITY OF BEAUMONT (CODES SECTION 28,02.005) THIS IS AN APPLICATION FOR THE FOLLOWING: (Check One) () Appeal Variance () Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. W,55L'0 C>av iw. J'Z,0 APPLICANT'S NAME AND ADDRESS:Dqll-r, 06 "7"7 70 G APPLICANT'S PHONE NUMBER: "" 7;0 18 X77 FAX #: NAME OF OWNER: _ '?3'6'_F ADDRESS OF OWNER: LOCATION OF PROPERTY: { �t? f C 7� iYa Za'e� j' IP J,_TV -7-1-700 LEGAL DESCRIPTION OF PROPERTY LOT BLOCK NO. ADDITION NUMBER OF ACRES L5 0_�7 OR TRACT PLAT SURVEY�p _.�� _�t(LY�2C>�ilIii NUMBER OF ACRES For properties not in a recorded subdivision, submit three copies of'a current survey or plat showing tlue properties proposed to be changed, mind a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESSORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE, A PROCESSING FEE OF $250,00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF P RMISSION BY THE BOARD OR IT SHALL BE CONSIDERED 11 VOID. APPLICANT'S SIGNATURE: DATE: PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER: 801 MAIN STREET, SUITE 201 i DATE RECEIVED:- 1 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 1 Irl D U. S T R I E S AUDIO .SOL OT"I* �NS..."WATER TIGHT A$ A FROGS B'HINDT' 4 06 ti oiD DOWLEN SLI • ti AUMpiiT. TE>E[iAS:?77id wiiuf1i-aaindus rlesxem IN160froghead ndnStrIC&COm 844-37G-4432 City of Beaumont, 8/14/2019 Our application for placing an LED sign on our property has been approved in the location that is delineated on the attached drawings. We would ask that we be allowed to place the signage directly on the building instead of on a pole in front of the building. The public viewing of the signage will be exactly the same with either mounting solution. If we follow the ordinance as written it will place an unnecessary cost burden on the business. Attaching the signage to a pole will add an additional $8500 cost of the signage vs. placing the signage on the building. The application for the signage has been approved in its current location, and is in compliance with the ordinance. If the signage is moved back approximately one foot, it will be in virtually the same location without the additional costs of construction as well as windstorm risks. To be clear, we ask that our signage be used in the same manner as the signage attached to the "Red Roof Inn", located at 2310 IH -10 Beaumont. Thank you for your attention to this matter. Bryan Kirbow 4055 Old Dowlen Rd. Beaumont, TX 77701 Business: 1-844-376-4432 Cell: 409-720-8877 Email: bryan@frogheadindustries.com VARIANCE APPLICATION Condition A: Our application for placing an LED sign on our property has been approved in the location that is delineated on the attached drawings. We would ask that we be allowed to place the signage directly on the building instead of on a pole in front of the building. The public viewing of the signage will be exactly the same with either mounting solution. Condition B: If we follow the ordinance as written it will place an unnecessary cost burden on the business. Attaching the signage to a pole will add an additional $8500 cost of the signage vs. placing the signage on the building. Condition C. The application for the signage has been approved in its current location, and is in compliance with the ordinance. If the signage is moved back approximately one foot, it will be in virtually the same location without the additional costs of construction as well as windstorm risks. To be clear, we ask that our signage be used in the same manner as the signage attached to the "Red Roof Inn", located 'at2310IH-10 Beaumont. t 1 WA d m �ocn�- p �— 00NNUr ca�� v N ��coomooa ►"� w CO NNNC) - a�CUc�� _ w53�- � U �^ Z f G\G1 C,\G1 o (,Qis a c� Q top � O i1 L w m 'rtFl. O to Rig F o u o v �oom ;}u N °� i N a `r J urrrr oZ c C O__ w (n d til ■ o �� ❑ ❑ G U � O �> 1 WA d m �ocn�- p �— 00NNUr ca�� v N ��coomooa ►"� w CO NNNC) - a�CUc�� _ w53�- � U �^ Z f G\G1 C,\G1 o (,Qis a c� Q top � O i1 L w m 'rtFl. O to Rig F o u o �oom ;}u N °� i N Z 01Z y7 `r J N OOui oZ c C O__ w (n d til E �� ❑ ❑ G d tQ - v °c _ 09 81 _ = O L O = � J2 O (n u E yvy�� /W G O O �> • H 4J c d W y = IM j -0 a 0 N y •y :tr'i W A _ NI �Y /1 6 U x C w a _ = CR w a a y y+ o ja �G W E a1 N M �! £ O { j to 4� LL w 3A: Consider a request for a Variance to the reader board is to be attached to or be a part ion sign and not attached to the structure itself. Bryan Ki.rbow 7965 Eastex Freeway requirement that of a detached ow 0 100 200 1 i I I Feet