HomeMy WebLinkAbout441-BADATE: August 3, 2000
TO: Board of Adjustment
FROM: Planning Division
SUBJECT: Consider a variance to the sign regulations of Sec.30-28 C.3 for an owner
identification sign in the GC -MD (General Commercial - Multiple Family Dwelling)
district.
FILE: 441-BA
STAFF REPORT
Mr. Milton Prewitt, owner of the J. M. Prewitt Company, a commercial and industrial real
estate service has acquired the former Steak and Eggs building at 750 North Eleventh Street
at Hazel Avenue,
He has established his office in that location after extensive remodeling of the commercial
structure. He is requesting permission to erect a monument type identification sign set three
feet back or east of his west property line on Eleventh Street. The street curb is
approximately 10 feet west of the property/right-of-way line. Orientation of the sign will be
north and south for Eleventh Street traffic.
The proposed sign is 48" x 78" x 12"' with a rock base. The regulations for identification
signs in the GC -MD district allow signs up to 50 feet in height but set back a minimum of 10
feet from"•, any property line.
The applicant has the burden of proof to demonstrate that all three conditions (A, B and C)
have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices Mailed to Property Owners: 14
Responses in Favor Responses in Opposition:
July 11, 2000
Mr. Murray Duren
City of Beaumont
801 Main Street, 2 nd Floor
Beaumont, Texas 77701
Dear Mr. Duren:
I am writing to request that the Board of Adjustment consider this request to grant a variance to the City
of Beaumont's Sign ordinance as it relates to the property at 750 North Eleventh Street.
It is my understanding that the City of*Beaumont's Sign Ordinance indicates that a sign must be ten (10)
Meet from the property line. My request is that a two-sided monument sign approximately 78" wide by
48" high by 12" thick positioned perpendicular to Eleventh Street be allowed at three (3) feet from the
property line (which is approximately ten feet from the back of the curb) with consideration being given
to the following:
The improvements on the property were remodeled in January, 2000, and the former pylon
sign which extended more than twenty (20) feet into the air was situated on a concrete base
(which remains) at approximately 3.75 feet from the property line.
2) The west property line is adjacent to Eleventh Street which is an eighty (80) foot R.O.W.;
however, the property line is approximately ten (10) feet from the back of the curb on the
east side of Eleventh Street. Eleventh Street is a four lane street with a continuous left turn
lane.
3) The proposed sign is a monument sign with a rock base to match the wainscoat of the office
building. The sign panels will be galvanized aluminum to match the roof of the office
building. The copy will be back vinyl letters. This sign will compliment the office building,
provide identity for the tenant's in the office building as well as provide an address for the
tenant's clients.
Thank you for your consideration to this request. I look forward to a favorable response. Please do not
hesitate to call if you should have any questions or require additional information.
Sincerely,
J.M. RE M J.M. COh PANY
OA &
Prewitt. I(
J. Milo Prewitt, IOR
SIGN VARIANCE-01 070500
Post Office Box 528 Beaumont, Texas 77704-0528 (409) 892-3000 (409) 892-3044 Fax
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:
CONDITION A: That the granting of the variance will not be contrary to the public interest.
'WE A r
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 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.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
eE 4774
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's signature: lwy ff ffDate: 1• .0- 0 0
VARIANCE, SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
CONDITION A
As stated in Section 30.3, the purpose of the zoning regulations and districts are made for the
purpose of promoting the health, safety, morals, and general welfare of the community, and for
the protection and preservation of places and areas of historical and cultural importance and
significance. The granting of a variance to the sign ordinance for the property at 750 North
Eleventh Street will not interfere with the health, safety, morals, and general welfare of the
community, nor will it be detrimental to places of historical and cultural importance and
significance.
If the variance is not granted and the ordinance is followed, the proposed sign would be less than
two (2) feet from the covered walkway of the office building, and the view of the sign would be
blocked by vehicles parked in front of the building. This would create problems for traffic on
Eleventh Street attempting to locate the building while traveling down Eleventh Street.
CONDITION B
The literal enforcement of the ordinance will result in an unnecessary hardship because of the
exceptional shallowness of the property at 750 North Eleventh Street in Beaumont, Texas.
Section 30-25(b) states that the minimum lot depth for a property within the GC-IM District
should be 100 feet; however, because the property was developed prior to the adoption of
Ordinance 81-17, the lot depth is less than fifty-eight (58) feet. This makes it next to impossible
to have an improvement on the property and to meet the setbacks for a detached owner
identification sign.
This unnecessary hardship is a physical hardship relating to the property itself, and does not
result from any actions of the applicant.
CONDITION C
By granting the variance to the sign ordinance for the property at 750 North Eleventh Street in
Beaumont, Texas, the spirit of the ordinance will be observed and substantial justice will be done
for the following reasons:
1) the proposed sign will not exceed forty (40) square feet in area,
2) the proposed sign will not exceed fifteen (15) feet in height,
3) the proposed is a monument sign which is much more aesthetically pleasing than that
of a pylon sign,
SIGN VARIMCE-02 071100
Variance Supplemental Application Form - Beaumont, Texas
Page 2 of 2
4) the proposed sign will not be illuminated,
5) - the proposed sip will not be closer to the back of the curb of Eleventh Street than the
poles of four of the six pylon sips located at the Gaylynn Shopping Center which is
located directly across Eleventh Street fi-om this property,
6) the proposed sign is not any closer to the back of the curb on Eleventh Street than the
following signs:
a) Endoscopy Center of Southeast Texas at 950 North Eleventh Street - base of
monument sign is 2 V from the back of the curb of Eleventh Street --- This
property is significantly deeper than the property at 750 North Eleventh Street
as well as the properties described below.
b) Men's Discount Shop at 1020 North Eleventh Street - base of sign 12' ftom
back of curb, of eleventh Street.
c) Trader Bill's Used Car Lot at 1060 North Eleventh Street - base of monument
sign is I V from back of curb of Eleventh Street.
d) Funchess, Mills& White, CPA at 1150 North Eleventh Street -base of
monument sign is 12' from back of curb of Eleventh Street.
Substantial justice will be done as there was an existing pylon sign prior to the redevelopment of
the property at 750 North Eleventh Street, and a sign panel could have been replaced or the sign
could have been reconstructed simply by obtaining a sign permit; however, J.M. Prewitt
Company removed the pylon sign because it was not representative of the quality of the re-
developed property.
SIGN VARIANCE-02 071100
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EMA41-BA : Request for a variance to allow a sign three ft. (T) from the property NORTH
line instead of the required ten ft. (10') in an area zoned GC -MD (General
Commercial - Multiple Family Dwelling). �&
Location: 750 North Eleventh St. SCALE
Applicant: J. Milton Prewitt 111=200''
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BEAUMONT, TEXAS 77702
LOT 16 LOT 17
Lot Number Fifteen (15),
in Block Number Fifly-three
TO THE OWNERS OF THE PREMISES SURVEYED
(53), f AWRILL ADDITION,
to 1heaCify of Beaumont,
AS OF THE DATE or THE SURVEY:
Jefferson County, Texas according
to the map or plot as recorded in
1. jGUY_A.St0kECIPHCf_?Jr., DO HERESY CERTIFY THAT THIS SURVEY WAS T141S DAY
Volume F, Pages 131-132 of the
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
Unp Records of Jefferson County,
HEREON AND 15 CORRECT. I FIND NO DISCREPANCIES, SHORTAGES IN AREA,
Texas, save and except (hot portion
ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF
conveyed to the State of Texas by deed
THE GROUND, EXCEPT AS SHOWN HEREON, Ad RECORDED EASEMENTS 51 AND
recorded in Volume 437, Page 517,
tOILD PER JUEFERSON COUNTY RILE COMPANY G.F. Na 992245
Deed Records of Jefferson County, Texas.
OF
DATE SURVEYED: DECEMBER JO, )999
Owner: J. Millon Prewill, Trustee
/q
Census., II
I GUY A. STONECIPIIER 1
1, accordance with the
Flood Hazard Boundary Map,
Department of Housing and
Z—J,-�REGISTCRED
Urbon Development.
Community No.;485457
Panel No,; 0035 8
GUY 'CIPHER, REGISTERED NAL LAND SURVEYOR No. 1779
Date of FIRM. 12-4-84
A SURVEYOR for MARK W, WHITELEY & ASSOC, Inc,
This property ties in Zone 'C',
Location on map determined by scale
W. WHITELEY
P. 0. BOX 5492
on map. Actual field elevation not
AND ASSOCIATES BEAUMONT, TEXAS M26-6492
determined. Mark W. Whiteley and
INCORPMATED 409-092-0421
Associates does not worrani nor
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subscribe to the accuracy or scale
CONSU1,17NG ENGTHEERS,
32M FASTEX rR*Y,
of said maps,
SURVEYORS,
SURVEYORS, AND PIANNERS REAUJJONT, TEXAS '77703
(FAX) 409-802-1346
Zone "C" does not lie in the iOo-year
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flood plain.
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BEAUMONr, TEXAS 77702
LOT 16
LOT 17
Let Number riffeen (15),
in Block Number ritly-Ifiree
(5J), of AVERILI. ADO11ION,
To THE OWNERS OF THE PREMISES SURVEYED
to the City of Beaumont,
AS OF THE DATE OF THE SURVEY:
Jefferson County, Texas according
to the map or plot as recorded in
J, GUY .A, STONECIPHER, Jr. 00 HEREBY CERTfVY THAT THIS SURVEY WAS THIS DAY
Volume 1, Pages 131-02 of the
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
Itap Records of Jefferson County.
HEREON AND 15 CORRECT, I FIND NO DISCREPANCIES, SHORTAGES IN AREA,
Texas, save and except that portion
ENCROACHMENTS OR OVERLAPPING or impRovatfwm ON THE SURFACE OF
conveyed to the Slate of Texas by deed
THE GROUND, EXCEPT AS SHOWN HEREON. ALL RFCOROFO EASEMENTS 51 1 AND
recorded in Volume 432, Page 5f7.
NOTED PER JFfTFR90N COUNTY 17TIE COUPANY C.F. No. 992245
Deed Records of Jefferson County, Texas.
OIF
1 4, �
DATE SURVEYED; DECEMBER 30, 1999 A V' S 7 4-
Owner, J..Milton Prewiff, Trustee
*
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Census. I I
'I GUY -k-STONECIPHER
In ocoordonce with the
1779
Flood Hazard Boundary Afop,
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Department of Housing and
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Urban Development.
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Community Hm.-485457
Panel No.: 0035 0
GUY . a ClPflffft. Jr. - REGISTERED P10FLISMAL LAND SURVEYOR No. 1179
Dole of FIRM. 12-4-84
A SURVEYOR for MARK W. WHITELEY & ASSOC., Inc.
This properly lies in Zone *C.
W. WHITELEY
Location on map determined by scale
P. 0, BOX 5492
AND ASSOCIATES
on map. Actual field elevation not
DFAUMON17, TEXAS 77726-64(12
INCORPORATED 400-004-0421
determined, Mark W. Whileley and
Associates does not warrant nor
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subscribe to the accuracy or scale
SURVEYORS, AND PIANNIM9 3250 FASM FRWY.
of said mops.
DFAUMONT, TFXAS 77703
"C'
(FAX) 409-892-1340
Zone does not lie in (lie TOO -year
A A 11R-\tAVG\ TIT115\ 99-8281KSM
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: J. Milton Prewitt
PROPERTY OWNER: J. Milton Prewitt
LOCATION: 750 North Eleventh Street at Hazel Avenue
LEGAL DESCRIPTION: Lot 15, Block 53, Averill Addition
EXISTING ZONING: GC -MD (General Commercial - Multiple
Family Dwelling)
PROPERTY SIZE:
0.199 acres, more or less
EXISTING LAND USES:
Office building, parking lot.
FLOOD HAZARD ZONE:
"C" Minimal flood hazard zone
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Retail lamp shop and antiques
GC -MD (General Commercial -Multiple FamilylDwelling)
EAST: Rent house
GC -MD
SOUTH: Law office (2-story)
GC -MD
WEST: Gaylynn Shopping Center site
GC -MD
COMPREHENSIVE PLAN:
Special district (March 2000)
OTHER PHYSICAL FEATURES:
None
STREETS:
N. Eleventh Street, a major arterial with an
80'right-of way width along this segment and
a 56'pavement, Hazel Avenue is a 60' wide
residential right-of-way with a 30'pavement.
DRAINAGE:
There is a 30" storm sewer in the Eleventh
Street right-of-way and an 18" storm sewer in
Hazel.
WATER: There is an 8" water line in Eleventh Street
and a 6" line in Hazel.
GENERAL INFORMATION/PUBLIC UTILITIES continued
SANITARY SEWER SERVICE:
FIRE PROTECTION:
There is a 6" sanitary sewer in Eleventh Street
and a 10" line in Hazel.
Fire protection is provided by Station V, 1700
McFaddin Avenue.
ADEQUACY OF SERVICE: Services are adequate