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Home My WebLink About451-BADATE: June 7,2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances for a non -conforming owner identification sign in the Oaks Historic District. The sign exceeds the maximum height by 2 feet and is lighted. , 9 "t V 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. Bryan Lee, property and business owner, states that the sign poles and light were existing when he located his, business here in 1997. He changed the sign face when he opened his restaurant. The sign structure pre-exists the creation of the historic district. The sign exceeds ordinance requirements as follows: Height Lighting Ordinance 61 No Existiniz owne identification sign 81 Yes 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 15 . Responses in Favor . Responses in Opposition There are a few simple points Bryan mid I would like to make ill requesting as variance regarding ollf- sign in front. of the restaurant at 797 N. 5"' Street in tile. Oaks Historic District. Firs(, the acmal dinicusions of oursigli (see last page for rough sketch) which is useful in conveying printed message is T-7 1)), T-7. This square sign is oil 4'stil(s to make it visible. h also) has an extension from which 41 figill is lised to illuminate the board at night. 'The stilts and the light were in place when we ventured to open our restaurant in May ol'19974, AN'eadded llie3'-T' square board to the French Quarter's old system that was existing. Oia- restaurant is in a "residential" neighborhood which includes single family 110TIR'S, high Iraffie Z7 apartment complexes, rent. houses, duplexes, Antique shops, abandoned apartments, unsupervised children and animals and other commercial establishmeno, all within walking distance of our front entrance. Otir database: of Customer Research affords its file knowledge that less thati 1% of our amival sales come from tile Old Town Neighborhood. NVe fax and give directions to our restaurant constantly for our many palroits. NVe seat ()lit- dinner patrons by reservation only and rarely allow a "walk-in" customer to have a ,seat as it point ofnititual respect. A large percentage of our patrons become aware of the interesting neighborbood for the first little, when they come here for dining needs. AVe are constantly asked oil) - opinions ofvai-ious neighborhoods etc.. by the newly transplanted customers socking a residence and have (perhaps wrongly) recommended the I listoric District to many it patron as feasible area to live all(] w0l'L More than 10 times on any week we get cellular calls from the confused custollier that has gotten turned around in tile residential Streets. Without the lit sips these customers would get lost even more frequently rl than now. Ale leel our beatitiful restaurant has increased the knowledge and appreciation for tilis historically significant area ofBeatationt. However it seems there is a constant barrage ofcomplaints surrounding our everlasting improvement of this property. 'niere have been few congatidations oil om. success, oilly the regidargi-taubling of discontent.. \Ve aren't even expecting patronage -just lillitual courtesy. NNre, now have 4 ycars of consecutiveWitte Spectator Awards of Excellence both for our Dining Room aild for our Food and Service. NVe are currently ill the final stages of review for a DIRONN Award (Distinguished Restaurams of North America). '11iis national exposure brings many a traveler to the 0 neighborhood ill search of our restaurant either as a visitor to Beatilliolit or as a recent job transfer. If I understand the intention of the sigli rides it seems that the uri-commercial look aiii-I feel seems to lie what (lie ordi ital ices, ill spirit, are intended to enforce. Any new sign wewould spend money to construct wollid firstly be Significantly larger ill usable primed area than the current sigri and would probably need to be both on 5"' and Hazel Streets, It could also be indirectly lit by a number of means and moved much closer to the corb-, at both 5" and Hazel Streetsand still comply with the roles. 'File magnolia tree lit front, may also need to be modified or removed to jtistify the expense and to make any new effort visible. I am afraid (but fairly sure) that whomever Itas a problem with our current discreet sigh and light now will have even more aesthetic issues with its if things were to change. I recommend keeping the peace and allowing our sigii to remain as it is, ]ill( as always we will collforill to the wishes of the board. As with the trellis issue last year- I personally think they look terrible over the enclosed ductwork and I am disheartened every time I think about the many other addresses that could use -Amie enforcement effort. 7'a Mary VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances where the folloxv ng lasted conditions have been met. Indicate how your application meets each of these conditions in the space follo%ving 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 othen%ise prohibited, the Board, is empo%%=cd to authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the fbllorring conditions have been met: CONDITION A: That the granting of the variance "will not be contrary to the public interest. The raised and I+ gin helps our cus4omers na.vw +e h65hbor ho«A (xr-t 1rkcGC,w+e-5 WQ are, the hoo.se- t is cL Curs,)ran+ . We- do nO+ 60",+ �d �- tv, 6os;e e,s. The- I iq 4 a. f�- Sicj� ke (p our relic r�+ett CONDITION B: Than literal enforcement of the ordinance will result in nnneemmy hardship because of exceptional narrow%ww, shallowness, shape topography or other wMaordinary or exiceptional physical situation or physical condition unique to the specific piece of property in question, "Unnecessary hardship" shall mesa 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. S i� r we Ww ld 'con i& (. —rhe re r'e+ an l rG an ,��vCcc- ,fir*, o7 p r+ . -$-feG so beater,`!, CONDITION C: That by ,granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Si6n � 5 ke-1 p b arse our 5+rtic+uce: look-&, S t, Urti Co+rn �r t o 4'1\E 5 5r7 I , + -ice cz .5 r s+ bu r re-se(ua,4r`c i r tie rr y lr1 e Q cLA +e d r\ k,' j'es `` Se e ms M 0ce G4 S f De- cvo o i 7&61 - , I HEREBY ATTEST THAT, TO THE BEST OF MY KNa'i+G'LMGE, MY ,REQUEST MEETS THE CONDITIONS STATED ABOVE. - a L Imo. -treLI (r f s t,,.)carse .4--kan hc) +-re L Ins d Cc� .� FILE 451-BA: Request for a variance to the sign height and illumination regulations NORTH in the Oaks Historic District. Location: 797 N. 5" St. Applicant: Bryan's 797 SCALE 111=2001 /r /r rr w n rr� rr � rr i rr " A rtq � I Jw -V 't ( 11 1 go 1 *8 4, 1 1 t to 1 or !I? ]os 1 101&*Vrf 1":2518*108 WA 0 17 fe It tolf, 1"I" Its &I rq A ARR�Sq.V 2200 /t to 001 a 0 r 0 r 4 .1102 LHAZELAVE. o to Pak ML .11l � M- iL;�q • NORTH STA i 1,a 1' ..r � r i/� P� 3tr l r �� '"` „',..r I $0 tltl rR 0 to -),0 t,9 ,r; to !71 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bryan Lee PROPERTY OWNER: Same LOCATION: 797 5"' Street LEGAL DESCRIPTION: North 75 feet of Lot 10, Lots 1.1 & 12, Block 23, McFaddin 2nd Addition. EXISTING ZONING: RCR (Residential Conservation and Revitalization) PROPERTY SIZE: 0.172 acres, more or less EXISTING LAND USE: Restaurant FLOOD HAZARD ZONE: "C", Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) EAST: Residential RCR (Residential Conservation and Revitalization) SOUTH: Commercial RCR WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Fifth is a residential street with a 27 foot wide pavement and a 60 foot wide right -of- way; 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 GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. ADEQUACY OF SERVICE: Services and utilities are adequate.