HomeMy WebLinkAbout458-BADATE: July 5, 2001
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a variance to the sign regulations in the Oaks Historic District for an
owner identification sign at 2580 North Street in an RCR zoning district.
FILE: 458-BA
STAFF REPORT
The applicant, J. C. Milicb, owns the property at 2580 North Street. An existing owner
identification sign (Advertising Associates) is in violation of the current historic district sign
regulations in the following ways: 1) the sign is illuminated; and 2) the sign is set back from
the property line 4 feet. The ordinance (30-21.2) requires a minimum setback of 5 feet.
The applicant has the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 25
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being Lots 15 and 16, Block 42, Averill Addition, City of Beaumont, Jefferson County,
Texas, containing 0,344 acres, more or less.
Stephen C. Richardson, AICP
Planning Division
P. 0. Box 3827
Beaumont, Texas 77704-3827.
Re: Placement of Building Sign
Dear Mr. Richardson:
As requested in the letter regarding placement of business signs, I am
writing to you to request to be, exempt from having to setback the sign for a
couple of different reasons.
1. Setting back the sign any more than it already is may damage the
only oak tree locatedin the front yard;
2. There is underground wiring to the lights around the sign and
moving the sign one foot will be cost prohibitive; and
3. 1 honestly believe the sign is in no way an obstruction and with the
lovely landscaping, the sign actually enhances the esthetic value of
Old Town.
Thank you for your time and any questions regarding the Variance
Supplemental Application form can be directed to me.
Thank You,
J.C. Milich
Owner, Advertising Associates
A 00 CIA TO
VARIA14CE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E.3)
The Board of Adjustment has the power to grant variances where the folloiving, listed conditions have been met.
Indicate how'your application meets each of these conditions in the space following each condition. (The
applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance
have been met).
Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement of the Zoning
Ordinance when the Board finds that all of the following conditions have been met:
CONDITION A: That the granting of the variance will not be contrary tnthe public interest.
Pulling the sign back one foot may kill the only oak tree planted in
the front of the business.
CONDITION 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 ph%-sical 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 ownees own actions.
There is underground wiring to the lights around the sign and moving the
sign one foot will be cost prohibitive.
CONDITION : That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be don--.
I do not believe the sign is in any way an obstruction and with the land-
scaping, actually enhances the asthetic value of Old Town.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
a
Applicanes
2. 2001
AX
40
46
MIX 458-BA: Request for a variance to the setback regMations for of the Oaks NORTH
Historic District. Applicants existing sign does not comply with the regulated setback
or illumination requirements. Property is zoned RCR (Residential Conservation SCALE
Revitalization). 111=2,001
Location: 2580 North St,
Applicant: J.C. Milich, Advertising Associates
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
J. C. Milich
PROPERTY OWNER:
J. C. Milich
LOCATION:
2580 North Street
EXISTING ZONING:
RCR (Residential Conservation and
Revitalization) District
PROPERTY SIZE:
0.344 acres, more or less,
EXISTING LAND USES:
Two -stony home and advertising business
FLOOD HAZARD ZONE:
"C" - Minimal flood hazard zone
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Residence
RS (Residential Single Family Dwelling) District
EAST: Residence
RCR
SOUTH: Residence
RCR
WEST: Residence
RCR
COMPREHENSIVE PLAN:
Stable Area
OTHER PHYSICAL
This location received a specific use permit
FEATURES:
for a day care center several years ago.
STREETS:
North Street- a major collector street. It has a
60'right-of-way and a 27'pavement.
DRAINAGE:
There is a 30" storm sewer in the street right-
of-way.
WATER:
There is a 6" water line in the street.
SANITARY SEWER
SERVICE:
There is an 8" sanitary sewer in the street.
FIRE PROTECTION:
Fire protection is provided by Station P,
1700 McFaddin Avenue.
ADEQUACY OF SERVICE: Set -vices are adequate.