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HomeMy WebLinkAbout462-BADATE: November 1, 2001 TO: Board of Adjustment FROlM: Stephen C. Richardson, Planbing Manager SUBJECT: Request for a variance to the 5' setback requirement of Chapter 3 0-21.2 (c) 8 to allow a sign 2' from the street right-of-way and l' from the side property line at 2665 Broadway, TILE: 462-BA STAFF REPORT Emily Coxe, the applicant and property owner, is requesting a variance to the setback requirement for an existing owner identification sign located at 2665 Broadway in the Oaks Historic District., Section 30-21.,2 of the Zoning Ordinance requires that all structures and parking lots (except for main and accessory structures and fences) come into compliance with the regulations within four years. The amortization period has now expired. Ms. Coxe says the sign was constructed over 5 years ago - before the property was in the Oaks Historic District. Considering that the sign was built 5 or 6 years ago, it did not meet the setback requirements from the street right-of-way at the time of construction. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATIC7►N Notices mailed to property owners 22 Responses in Favor . Responses in Opposition -, 0 Emily M. Coxe 1215 Sandwood Lane Beaumont, TX 77706 Planning Division Room 205 City Hall, 801 Main Street Beaumont, TX 77704 Ladies and Gentlemen: Enclosed are Application for a Certificate of Appropriateness, Variance Supplemental Application Form - Beaumont, Texas, Board of Adjustment Application Form - City of Beaumont, and a hand drawn sketch of the sign at 2665 Broadway. I am not sure which of these forms are needed since I found the instructions rather confusing but decided to be safe and fill out all of them. I would really appreciate your allowing us to keep the sign that is installed on our property. The sign was placed there over 5 years ago at which time we had no idea that we were under any restrictions as to what kind of sign we were allowed. Therefore, we had the sign specially designed and installed to be as tasteful and unobtrusive as possible. The bank has never complained about the -sign in any way nok has any other person or entity. Thank you for your consideration. Sincerely yours, Emily M. xe ".'ITYOF 8EIAtAONT NG DVOION 7) JUL C) 402. VARIANCE SUPPLEMENTAL APPLICATION FORM BEAU ONT, TEXAS (CODES .SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances %where the followwing listed conditions have been met.. Indicate how your application meets each of these conditions in the space follolving each condition. (The applicant has the burden ofproof to demonstrate that all three of the conditions necessary for a variance have been met). Except as otherwise prohibited, the Board is ernpo%% red to ,authorize a variance from a requirement of the Zoning Drdrnan koard finds that all of the follp%ving conditions have been met: CONTDTTIO A: That the granting of the variance -will not be conrrmry to the public interest. 7') 1 vin I's 41t'ee'41u 00'LC Q txee* -'Vw &-e—, e— lsq;ne �ewt CONTDTTION B: That literal =(br==d of the ordinarice will result m rmnc:eesmwy hardship because of exceptional narrowyrre s, shallowress, shape topography or other owsordinmy or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessw; hardship" shall mean physical hardship relating to the property itself as distingumshal from a hardship relating to convenience, financial considerations or caprice, and the hw*hip must not result fr= the applicant or owner's own actions. CONTDTTION C: That `by granting the variance, the spirit of the will be observed and substhntial ` �°' will bt do:te. ' S A(ep I HEREBY ATTEST THAT, TO THE HEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's 5;p j-"414sor C2-(O(os I Airr FILE 462-BA: Request for a variance to the 5' setback requirement of Chapter 30- NORTH 21.2(c)8 to allow a sign 21 from the street right-of-way and 1' from the side property line in the Oaks Historic District. A Location: 2665 Broadway SCALE Applicant: Emily M. Coxe 111=200, q. CHUPC" ST RNNE SCAOOL MW Gq, t 4 U1,10 Vi - 11?3 . .. I ,F* Jo Or CA CALDER AVE. 1578 50 14 $0 to to el of 14 ' LA .8.0 jo.D 579 -104. 840AD r! 0 11 BROAD WAYAVE. ; LIBERTY AVE. LAUREL AVE. ?A C-2 I sourH A04 as SOUTH ST, * I V 30 60 az 60 * tn 77 CENTRAL '�I` G H SCHO GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Emily M. Coxe PROPERTY OWNER: Same LOCATION: 2665 Broadway LEGAL DESCRIPTION: Lot 8, Block 49, Averill Addition EXISTING ZONING; GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.172 acres, more or less EXISTING LAND USES: Business FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Parking GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Bank GC -MD SOUTH: Vacant GC -MD WEST: Residential GC -MD COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Broadway Street - a 60' wide residential street with a 27" wide pavement. DRAINAGE: Existing storm sewers WATER: Existing SANITARY SEWER SERVICE: Existing FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. ADEQUAC OF SERVICE: Services are adequate.