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Home My WebLink About457-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 2298 McFaddin Avenue at Seventh Street. STAFF REPORT Doug Duerr operates "Grand Duerr Manor", a bed and breakfast accommodation at the comer of McFaddin and Seventh Street, The property is zoned RCR and received a specific use permit some years back to operate the business at 2298 McFaddin. His father, Karl Duerr, owns the property, The March, 2001 amendment to the sign regulations section of Ordinance 30-21.2 allows signs to be within five (5') feet of a property line. The existing sign lies about 4'6" from the property line and is 10' to 12' in height. The ordinance restricts the height for detached owner identification signs to not more than 6 feet. Illumination is not allowed and this sign is provided with an electric light source, 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 20 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 14, 15 and 16, Block 5, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0,55 acres, more or less. Gmnd MMancir 2298 McFaddn Beaumont, Texas 77701 ew Steve Richardson: I am writing you in response to your letter regarding signage. The sign I have in front of my home does not refer to a business but rather to the name of the home. This is specifically the reason I did not include "bed and breakfast' "accomodations" or any other commercial wording. This sign pole and sign has been in front of this house since 1982. Upon the purchase, of the home, the pole and sign was "grandfathered." To ensure my rights about the sign and the fact that I was naming the house I did go and obtain a sign permit from the city with dimensions and usage. The original sign and pole was always there the wording was gone. I improved the sign to keep it tasteful in naming my home. I also suggested this to other members of the Oaks Historical District that naming homes is of interest to travelers and the community. As Wo is has ahm, b"affl-Ral mperd11- 90"-99046 I - FAY @W08W Wftlld FAi8i8l(eMl7_ gO te HI&-defdal.4 1— 1 _89F e1qCl id r 1; -..A,; W14 I' gn S. ire mwdi4 � 1 &11lY2%VW* 113 HVI Ito C30 ft'gM, -oat! 0042*R E Fw' M 14isiRg Sims-0-1 11 . . 4" As always, the "rules " are a bit different when it comes to my business and everything I do is certainly with respect for the neighborhood and the appearance of "the Oaks." Sincerely, Doug Duerr Owner -Grand Duerr Manor VARIANCE SUPPILEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances where the following 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: CONDITIQM.10 That the 'granting of the variance will not be contrary to the public interest. Of -I. 'Z (0 CONDITIONS . That literal enforcement of the ordinance will result in unnecessary hardship because i of exceptional narrowndss, shallowness, shape topography or other extraordinary or exceptional physical situation or 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 own actions. rli- $. S*-V- -,* n CONDITION C: " That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: \A\ 5 ti, FILE 457-BA: Request for a variance to the sign regulations for of the Oaks Historic NORTH District. Applicants existing sign does not comply with the regulated setback height or illumination requirements. Property is zoned RCR (Residential Conservation SCALE Revitalization). 111 �ocation:2298 McFaddin Ave. @ ern St. =200 1 0 EApplicant: Doug & Karl Duerr A I 2200 er to is Or Oi 'V 're W of of HAZEL AVE- NORTH ST. MCFADUN AVE� GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Doug Duerr PROPERTY OWNER: Karl Duerr LOCATION: 2298 McFaddin Avenue at Seventh EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.55 acres, more or less EXISTING LAND USES,: Bed and breakfast FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Offices RCR EAST: Residences RCR SOUTH: Laboratory, residence, retail shop RCR WEST: Residence, law office RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: McFaddin Avenue- a 60'right-of-way with a 27' pavement. Seventh Street is a major collector with a 60' right-of-way and a 30' pavement. DRAINAGE: There is a 24" storm sewer in McFaddin and a 12" in Seventh Street, WATER: There is a 20" water main in McFaddin and a 2" line in Seventh. SANITARY SEWER There is a 6" sanitary sewer in McFaddin and SERVICE: a 12" sewer in Seventh. FIRE PROTECTION: Fire protection is provided by Station V, 1700 McFaddin Avenue. ADEQUACY OF SERVICE: Services are adequate.