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Home My WebLink About426-BADATE: June 10, 1999 Special Called Meeting TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to the maximum square footage of an owner identification sign in a residential zoning district. The variance request is for 48 square feet instead of the allowed 20 square feet. Also requested is a variance to allow for internal illumination of the sign. FILE: 426-BA STAFF REPORT The Beaumont Independent School District wishes to erect a 15' tall internally illuminated marquee identification sign, setback 25' from the property line of the M. L. King, Jr., Middle School at Avenue "A" and Craig Street. The maximum allowed area of an owner identification sign in the district is 20 square feet. The proposed sign is 6'x 8' or 48 square feet. The face of the sign will be erected 9' above the ground. Internal illumination is not permitted. The applicant shall have the burden of proof to show that Conditions A, B and C have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 53 Responses in Favor I Responses in Opposition �'AIUAiN(-L SUPPLJ-i�11:,1 BEAUMONT, TEXAS (CODES SECTION 30-3 )7 E-3 )) The Board of Adju-su-nent has the power to cant variances where the following listed conditions have b-ccri (The mc'meetsIndicate ho%v your application meets each of these conditions in the space follo%Ning eachI.— applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met). - Except as othemise prohibited, the Board is empowered to authorize variance from a requirement of the Zoming Ordinance when the Board finds that all of the following conditions have been met'. CO .�i �ITIQ�NA: That the zrantiniz of the variance will not be contrary to the public i= See Exhibit "A" attached (letter) CONDITION B: That literal enforcement of the ordinance will result in urine'es sary harLship because of exceptional narrowndss, shallowness, shape topography or other extraordinary or exceptional physical situation or physical condition unique to the S-.--_,cific piece of property in question. "Unnecessary hardsh an . Lip" shall Me -r manciai f physical hardship relating to the prcre-.-,y itst-if as distinguished from a hardship relating to cony, ne— vn -c-C-3 considerations or caprice, and ffich--r-'s-hip MUSE not result from the applicant oroN er'so%vma - - - See Exhibit "-a" attached (letter) CONDITION C: That by granting the variance, the spirit of the ordinance Nvill be cbserved and substantial justice will be done. See Exhibit "A" attached (letter) I HEREBY ATTEST THAT, TO THE BEST OF My KNOWLEDGE, JvfY REQUEST IMEETS THE CONDITIONS STATED ABOVE, Applicant's signature: LAW OFFICES OF WELLS, PEYTON, GREENBERG & HUNT, L.L.P. 550 FANNIN, SIXTH FLOOR, PETROLEUM TOWER, 77701 TANNERT, HUNT. JR P.A. BOX 3708 PARTNER BEAUMONT. TEXAS 77704-3708 409-838-2644 FACSIM,ILE: 409-838.4713 May 24,1999 Mr. Murray Duren Planning Division Room 210, City Hall 801 Main Street Beaumont, Texas 77701 HAND DELIVERY Re: Application for two (2) variances/Beaumont I.S.D./ File 426-BA; (M.L.K. Middle School) signage size; illumination Dear Mr. Duren: By letter dated May 14, 1999 you advised me that the school district's requests for two (2) variances at M.L.K. Middle School (File 426-BA) will be heard by the Board of Adjustment on June 3, 1999. Your letter further stated that you would be rewriting the appropriate notices to reflect variances for the following situations: Increase area of owner identification sign from the regulated 20 square feet in a residential zoning district to 48 square feet; and Sign to be internally illuminated. Location of sign will be at least 25 feet from the rights -of -way lines of Avenue A and Craig Street, same being the school property lines. You also mentioned that no additional fees will be required. Accordingly, attached hereto and incorporated by reference are two (2) Board of Adjustment Application Form and Variance Supplemental. Forms, one for each of the requested variances referred to above. Also, please accept this letter as Exhibit "A" submitted in response to the several inquiries contained in the Supplemental Variance forms. Mr. Murray Duren May 24, 1999 Page 2 The signage proposed for the King Middle School at 1400 Avenue A will be 15 ft. in height and 8 ft. in width. The sign will be 9 ft. from the ground, and will be 6 ft. by 8 ft. in diameter (48 sq. ft.). Please see drawing previously submitted. Because the school is located in a traditional residential area within the city limits, the school district requests a variance from the 20 sq. ft. limitation contained in the applicable ordinance, and permission for an internally illuminated sign. 1. Consistent with the public interest (Condition Al. The purpose of the slightly larger, illuminated sip is to make it easier for parents and other patrons of the school to read the three lines of 6" changeable letters from the street, without the necessity of parking near the campus and walking to the sign. Reading the name of the school and the other information contained on the changeable sign will be of value not only to parents whose children attend the school, but also to persons within the community and throughout the city who may be attending PTA meetings or one of the other community meetings, voting in elections, or engaging in activities for which the auditorium or other school facilities are used from time to time. 2. Literal enforcement• an unnecessaKy hardship (Condition B . Although King Middle School involves over four square blocks of physical area, the location of the school building itself is such that the signage variances are necessary to provide convenient access to its information. It is also important that the sign be 9 ft. off the ground, in order that vandals or pranksters cannot either damage the sign, or tamper with the changeable letters in the messages the sign will convey. Having an illuminated sign will also discourage vandalism and tampering by pranksters. To require BISD to use a smaller sign, without illumination, will create an unnecessary hardship for school parents, and the school community in general, in that the sign cannot be read at night, or in inclement weather. 3. Spirit of the ordinance (Condition Q. If the variances are granted, the spirit of the ordinance will have been maintained. The school district respectfully submits that it is very much in the interest of all persons in the community that the marquee -type sign Mr. Murray Duren J May 24, 1999 Page 3 be used; that it not be available to damage or tampering by pranksters and vandals; that it be illuminated for easier reading at night, and in inclement weather; that it carry sufficient information to inform those who would use school facilities as to the times and other details of community activities being held at the school. In summary, while the variances are slight, the benefit to the school district, its parents and community will be substantial. Accordingly, Beaumont I.S.D. respectfully submits that the Board of Adjustment grant the requested variances. All correspondence with respect to this matter should be directed to me at the address shown above. Yours very truly, WELLS, PEYTON, GREENBERG & HUNT, L.L.P.1 T. Hunt, Jr. TTHJr./js Enclosure CC: Ms. Dorthy Patterson i yw�a f tliti • r 1 y c �" �• � � p ,+ %� `fit ! 10 3 6 � .r • y i t � � y �� ,��, � � `gip 14 ✓ Y" f SIGN ti► t LOCA-11ON SUBJECT dm r � , w . bG w " • 4�ti +� � . sx � .r � "� � s. / 7 r r 4 `.G l► 26 r w e 1r"f 0 s 1y �� i £ 7 2 t 3 Oil to d c r EMMA to ' J Is ga f s rs _�I �. rs I to r _ ! r r tr J— of 6 j r r0 t9 T +t 0 BISOM LK2.PLT 2/10190 12.29A,0 ANY awsaa. I II LU LU r. Martin Luther King -ALL, �r, 8' 4&P- 6 - OA k GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Beaumont Independent School District PROPERTY OWNER: Beaumont Independent School District STATUS OF APPLICANT: Tanner Hunt, Attorney for the District LOCATI : 1400 Avenue "A" EXISTING ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density) District PROPERTY SIZE: Four square blocks (10 acres) EXISTING LAND USES: School FLOOD HAZARD Z "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RM-H (Residential Multiple Family Dwelling -Highest) District EAST: Residences RM-H SOUTH: Residences RM-H WEST: School campus RM-H COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: Site of former Crockett Jr. High School STREETS: School site is now bound by Avenue "A", Avenue "C", Craig and Blanchette. DRAINAGE: Existing WATER: Existing SANITARY SEWER SERVIC : Existing FIRE PROTECTION: Fire protection is provided by Station #11.