HomeMy WebLinkAbout416-BADATE: June 7, 2001
TO: Board of Adjustment
FA ROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for variances for a non -conforming owner identification sign in the Oaks
Historic District. The sign "coeds the maximum area by one-half square foot and the
minimum setback by approximately 5 feet.
FILE: 416-BA
STAFF REPORT
In 1993, City Council created by ordinance, the Historic -Cultural Landmark Preservation
Overlay District and adopted regulations to govern any area designated as such. The Oaks
Historic District located north of Calder Avenue, between First Street and Eleventh Street was
the initial section of town chosen for the overlay designation.
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 regulation within
four years. The amortization period has now expired,
The original setback requirement for signs was fifteen (15) feet, In March, 2001, the ordinance
was amended to allow signs five (5) feet from the property line. However, no other changes
to the ordinance were made,
Becky Chapman, owner of the "Hang It Up" frame shop at 2631 Hazel installed a non -
illuminated wooden sign in front of herbusiness several years ago. The sign is on the property
line behind the sidewalk. The front yard is paved with red bricks. The sign also exceeds the
maximum size allowed.
The sign exceeds ordinance requirements as follows:
AREA SETBACK
Ordinance 12 sq. ft. 51
Existing owner 12.6 sq. ft. 011-12"
identification sign
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 NOTIFICATION
Notices mailed to property owners 42
Responses in Favor Responses in Opposition
COWART & NEICHOY, LLP
ATTORNEYS AT LAW
P. C. BOX 3803
BEAUMONT, TEXAS 77704.3803
JOHN P. COWART, P.C. PHONE (409) 839-4545
PERRY W. NEICHO,Y, RC. October 16, 1998 FAX (409)'839-8833
City of Beaumont
Planning Division, Room 205
801 Main Street
Beaumont, TX 77701
RE: Application for Variance
"Hang It Up" — Becky Chapman
Dear Sir:
This is to advise you that I represent the interests of Becky Chapman regarding her sign
at her business "Hang It Up." The sign at her business is not distracting or distasteful.
Any other sign configuration would'! make it difficult for the public to locate the business
because of the hedges on the adjacent property lines. The color and size of the sign
does not distract from the style or the neighborhood or district.
The business, as with most of the houses on the street, is set back only about 15-20
feet from the inside of the sidewalk. 'Therefore, moving the sign back would
significantly distract and obscure the architectural features, windows and doors of the
structure. The sign is only 6 square inches larger than the 12 square feet allowed.
Finally, Ms. Chapman's sign does not distract from the style of the neighborhood;
therefore, it falls within the spirit of the ordinance, and if moved back would undoubtedly
be an eyesore because it would obstruct a clear view of the, structure.
If you have any questions or need additional information, please do not hesitate to call.
Best regards,
COWART & NEICHOY, L.L.P.
1 1�29
Aerry W. Neichoy
PWN/ss
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 E.3)
The Board of Adjustment has the power to grant variances where the follo%ving 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
riance from a requirement of the Zoning
Ordinance when the Board finds that all of the folloiving conditions have been met:
CONDITION A: That the granting of the variance will not be contrary to the public interest.
— RV- slqy\ at mV 1)uscr%css is no+ dcsiractin or
d is+as4Z��Lc( A n Y -oftA e r S 6�k\ U) ryet iyA rA+ (6 r� -Wo (k
r)t4- al(E)� � e same, amvuA+ o42- 64 si-v-e-e-+ p')OA-
CrV3" Or\ DLAr 6RSY Suep�+
CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because
of exceptional narrowness, shallowness, shape topography or odor 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 ownees own actions.
-SiraCtuMl OtS . mos+ hoaSa on 4INe
15 20 �+ Y-6 M 4-kt to s i I e- Stde-Loalk,
CA-O--PPC+ 4he V J*S0q%t1-11+y D-F DtAY- 1DCa+Y,6n ap-\d
04 stl,-e,�+ pArv-(K,� -
CONDITION : That by granting the variance, the spirit of the ordinance will be observed and
--substantial justice wiii be done,
'dean i
N ( *, DAIV (oSq. lykjAeS I&II, er
a I I o k ed - 'Fke V'e, 4y-c, e-c, of) pr- �Je-ctr
b us ine rn S'Ie'l r, We �re- Se b 4c�
sc
-Sr n dis-�vac-�-Prom
W Z2 kbgrkc,ld
+W Dv-dftlance,
0
I HEREBY ATTEST THAT, TO THE BEST OF My KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE
Applicant's signature: �Lge," but, "La� Date: 7r(atA 3, -Zoo i
.", ... ..........
to ij I
APP fJV 14 I to to Z?
to sod
do -10
224 -
0
ASH LEY AVE
%I
EA
2
14
15
a
it
/0
0
0
?
r
5
2 k 1
6
as
YF
4
to
to
V
Z,
13
to
Its
tr tl
tr rt ja?
I LONG AVE.
to
6
t),
1.
IV Jo?
"s
50
I
I HARRISON AVE.
C, is
04
4#
/1
4
1
it
17 IAt
IP
to
it
ti
j 14
` -1
is -is
ty
SIGN
I )IHAZEL AVE.
to IS
to
or
1,
rp
w,
I ZnU
BJ
ECT-1-4#,
I NORTH ST.
1-9 1; 11
'o
I
i
to
of
14 15 Ig®r
nAVA.
t5
04
is tbv
Y
50f.,
.
50
10
14 15 4 17 zo V tf 4 es # 'ei
AVi.
191 1
U It
14 is
M 'r rt M
I/ rt 13 XI ri
V,4 RR IS Ov
AVE.
9 fo
39
4 J
/8 le 1, dp IV
01 gr JS tin
H;LZ-4' :AVE
IT
IV TOO 11 �kt,-I Its
OR7N srl
—
50SS
0
L
As
Ire
pj
9-V m
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Becky Chapman (Hang It Up)
PROPERTY OWNER:
Same
LOCATION:
2631 Hazel
LEGAL DESCRIPTION:
Lot 9, Block 53, Averill Addition
EXISTING ZONING:
RS (Residential Single Family Dwelling)
PROPERTY SIZE:
0.172 acres, more or less
EXISTING LAND USE:
Frame shop
FLOOD HAZARD ZONE:
"C", Minimal flood hazard zone
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Residential
RS (Residential Single Family Dwelling)
EAST: Vacant and Residential
RS
SOUTH: Residential
RCR (Residential Conservation and Revitalization)
WEST: Vacant and Residential
RS
COMPREHENSIVE PLAN:
Conservation and Revitalization
OTHER PHYSICAL
FEATURES:
None
STREETS:
Hazel is a residential street with a 30 foot wide
pavement and a 60 foot wide right -of- way.
DRAINAGE:
Storm sewers
WATER:
Available
SANITARY SEWER
SERVICE:
Available
FIRE PROTECTION:
Fire protection is provided by Station #7, 1700
McFaddin.
ADEQUACY
OF SERVICE: Services and utilities are adequate.