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Home My WebLink About443-BADATE: March 1, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Plarming Manager SUBJECT: Request for a variance to allow an owner identification sign with an overall height of 70 feet to be located at 3985-87 College Street. FILE- 443-BA STAFF REPORT The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Forbus Foods, dba, Waffle House on College at 114- 10 has requested the identification sign height variance to 70 feet. The proposed sign will be placed in front of the restaurant on College Street where it will be oriented to the north and south bound IH-10 traffic, as well as College Street traffic. The highway overpass has a 16' clearance from the street to the bottom of the overpass. The restaurant previously had an identification sign located next to the Road Runner Motel i.d. sign on the freeway service road or east side of the motel property. The new owner of the motel property forced the removal of the old sign. In addition, there is a three story motorcycle store under construction behind the motel. It has a roof height of 38 feet not including steeples on the roof of the now building. The restaurant is dependent upon freeway customers. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 7 Responses in Favor . Responses in Opposition TO: Planning Division (City of Beaumont) FROM: Forbus Foods, Inc. DBA Waffle House DATE: 2/12/01 RE: Sign Variance Request (1- 10 & College) My name is Johnny Forbus, President of Forbus Foods, Inc. (a franchisee with Waffle House, Inc.) Forbus Foods, Inc. currently operates (8) units within the Golden Triangle area, including the location at 3987 College Street (1-10 and College). This location was, previously operated as Howard Johnson's restaurant. In 1988, Waffle House, Inc. entered into a long term lease with, then owner Host Marr iot Corporation. At that time, the landowner granted Waffle House, Inc. permission to locate a "hi -rise'" sign on their property with the stipulation that, if sold, the new owner could require the sign to be removed. That is precisely what happened. The only suitable location, on our leased property requires moving the sign (415') north and (135') west of present location. The new owner is constructing a new Harley Davidson facility which is approximately 50' in height, and almost restricts visibility even at the present location (see photographs). After hiring a sign company to "spot" a target (at a height of 60') from the proposed "new" location, it wasn't visible at all approaching College Street exit traveling East. Traveling West, the sign cannot be seen from the College Street exit due to the fact that you must exit so far "back". Unless we can get a variance, there will no possibility to identify our business to I- 10 traffic. Elevation of College Street 1-10 overpass is 15, 10" in relation to our property and the proposed "new" location. We are requesting a variance of 70' in order to properly identify our business. Due to the fact that (1) we have no "choice" in moving our sign, (2) at a cost of $15,000-00, (3) the only possible location is so much farther removed from I- 10 and (4) the extreme height and size of the Harley Davidson facility under construction, we respectfully request a variance to 70'. Thank you for your consideration in this matter. Resp tfully submitted, Johnivy Forbus JF:bs 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 following conditions have been met: CONDITION A: That the granting of the variance will not be contraxy to the public interest. The granting of this sign height variance will in no way negatively impact the public interest. In fact, proper identification of this business is in the public's best interest by providing breakfast, lunch and dinner 24 hours a day 365 days a year, aiding in additional tax revenue for the City of Beaumont. a CONDITION B: That literal enforcement of the ordinance will result in unnecessaiy hardship because of exceptional narrowness, shallowness, shape topography or other extrac,rdinaiy or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessaiy 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. The applicant is being forced to relocate its existing high rise sign to a place on applicant's leasehold property. In doing so, the sign will be blocked by a new building under construction south of applicants property. The additional height is necessary to maintain, comparable visibility as exists now. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. This is not an extraordinary nor unconventional request. It does not violate the spirit of the: ordinance. The applicant feels the variance, if granted, is necessary to simply maintain, not improve, current situation which is out of applicant's control. I HEREBY ATTEST THATf TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED Applicant's signature:, Pate: 2-3-0.1 . .......... ..... ..................................... ................ FILE 443-BA: Request for a variance to the,regulations for an owner identification NORTH sign in the LI (Light Industrial) district. Location: 3985 College St. at 111-10- Ak Applicant: Forbus Foods, Inc. SCALE 111=200, 04 /00 100 1 1 X COLLEGE ST. *�m 12 Joi" F1 Gic-0 ro z 0 1)20 It rr fy V 14 SUBJECT 41 Ir ti 0A N RM-O M ILAM ST. rr ID r \jV 1 0- H -1 0, u 2 .J 0 U. o u W, o' >- w > w V% W.0 (0 j j o w 0 V)'t ? vwf" 000m, 0 -ago rl .091L " -16 22' : .. . . .......... f -77 'D N I IM ki V .1 v m -a A cl Jx ul CL 0. 0 iwd 2 Ld OS C- > N?dO Am •0 vs tin.v- 41 SJ ti 0 d"r, 4 6 b &Lvoi "1 2, o 0 2 b 16 0 0 o: of A IA H 5/b t2L -4 U- GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Forbus Foods, Inc. PROPERTY OWNER: Host Marriot Corporation STATUS QF APPLICANT: Tenant LOCATION: 39 85 -87 College Street at IH- 10 PROPERTY DESCRIPTION: Parts of Lots 25 and 26, College Acres Addition EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 0.9084 acres EXISTING LAND Waffle House Restaurant FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USE SURROUNDING ZONING: NORTH: College Street, medical and commercial GC -MD (General Commercial -Multiple Family Dwelling) uses EAST: IH-10 (overpass, 16' clearance above College) LI (Light Industrial) District SOUTH: Motel, new Harley-Davidson motorcycle store LI WEST: Commercial uses, Hillebrandt Bayou LI and GC -MD COMPREHENSIVE PLAN: Activity Corridor OTHER PHYSICAL FEATURES: See report. STREETS: College Street (U. S. Hwy. 9Q1 - a major arterial. IH-10- freeway. DRAINAGE: WATER: SANITARY SEWER SERVICE: Storm sewers and surface drainage, Available Available GENERAL INFORMATIONIPUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #10, 3855 Washington Boulevard. ADEQUACY OF SERVICE: Services and utilities are adequate.