Loading...
HomeMy WebLinkAbout425-BADATE: June 10, 1999 Special Called Meeting TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for three variances for a proposed owner identification sign in a residential zoning district. The variance requests are for a 48 square foot sign instead of the allowed 20 square feet, a 20 foot setback instead of the required 25 feet and for internal illumination of the sign. FILE: 425-BA STAFF REPORT The Beaumont Independent School District wishes to erect a marquee sign for Dishman Elementary containing 48 square feet instead of the required 20 square feet. The sign is proposed to have internal illumination instead of the required reflective floodlight type illumination. Lastly, the request includes a planned 20' setback fi-om the property line instead of the required 25' for signs in the residential districts. The sign will lie east of the new Champions Drive extension, 840' north of Walden Road. The school tract contains 31 acres and fronts on Walden Road north of the Willow Creek Country Club Estates Subdivision. This is east of Major Drive. Champions Drive abutting the school tract was dedicated to the City as part of the Dishman School Subdivision. The street is public right-of-way and is not a private school driveway. There is about 100' between the west right-of-way line of Champions Drive and the proposed sign. Future residential development is planned for the vacant acreage tract west of the elementary school. There is an existing Yx 17' (85 square feet) brick monument sign with aluminum letters identifying the school located on a landscaped berm 180'south of the proposed sign. The applicant has the burden of proof to demonstrate to the Board that Conditions A, B and C have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 14 I Responses in Favor _. Responses in Opposition VARIANCESUPPLEML MONT;UTEXAS B (CODES"SEM-ON 30-37 E.3) j The Board of Adjustment has the power to grant variances where the following listed conditions have be--n .net. 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 empowcred 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. See Exhibit "A" attached (letter) CONDITION B: That literal ordinance will result in unnecessary hardship because f th enforcement of -4 1or exceptional physical situation of exceptional narrowness, shallowness, shape topography or other extraordinary 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 conveniencc, financial Considerations or caprice, and the hardship must not result from the applicant or owner's own actions. See Exhibit "A"" attached (letter) CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. See Exhibit "A" attached (letter) I HEREBY ATTEST- THAT, TO THE BEST OF My KNOWLEDGE, MY REQUEST 'S.THE CONDITIONS STATED ABOVE. I LAW OFFICES OF WELLS, PEYTON, GREENBERG & HUNT, L.L.P. 550 FANNIN, SIXTH FLOOR. PETROLEUM TOWER, 77701 TANNER T. HUNT, JR P.O. BOX 3708 PARTNER BEAUMONT, TEXAS 77704-3708 409-838-2644 FACSIMILE: 4�09-838-4713 May 24,1999 Mr. Murray Duren Planning Division Room 210, City Hall 801 Main Street Beaumont, Texas 77701 HAND DELIVERY Re: Application for three (3) variances/Beaumont I.S.D./ File 425-BA; (Dishman Elementary School) sigtiage size; illumination; setback distance Dear Mr. Duren: By letter dated May 14, 1999 you advised me that the school district's requests for three (3) variances at Dishman Elementary School (File 425-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; • Sign to be internally illuminated; and • Setback from the property line to be less than 25 feet as, regulated by Section 30-28 (b) 1. Champions Drive is a public dedicated street and the east right-of-way line is the school property line, not the curb. You also mentioned that no additional fees will be required. Accordingly, attached hereto and incorporated by reference are three (3) 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 These variances involve the signage for the new Dishman Elementary School, located off Walden Road in the Willow Creek area in west Beaumont. As indicated in the drawing previously submitted, the proposed marquee -type sign would be 48 square feet and stand 9 feet from ground level to the bottom of the sign. It would be internally illuminated, and set back somewhat less than 25 feet from the property line. Increase allowable school identification sign from 20 square feet to 48 square feet: 2. Internal illumination; and 3. Setback from prgpefty line. a. Consistent with the public interest (Condition A). As you know, the new Dishman Elementary School was constructed on land donated to Beaumont I.S.D. by the Dishman family. Although the school is located in a traditionally rural area (the Charles Williams Survey was not within the original city limits of Beaumont), there has been a great deal of residential growth in the area over the past ten years, necessitating the construction of an elementary school. Although there are perhaps 15-20 homes located several hundred yards west of the school, on the north side of Walden Road (as is the school), they are divided from school district property by an undeveloped area, partly owned by the Dishmans and partly owned by the Phelan interests. The vast majority of the residential development in the area has occurred in the Willow Creek and related subdivisions, south of Walden Road. In these subdivisions largely reside the families served by the new school. The school building itself is, located approximately 800 feet from Walden Road. Mr. Murray Duren May 24,1999 Page 3 Beaumont I.S.D. respectfully submits that it will be to the best interest of the public generally, and the Willow Creek school community of students and parents in particular, if variances are granted permitting a somewhat larger official school sign, internally illuminated for better visibility at night and on foggy, rainy days, and set somewhat closer than 25 feet from the property line. Because the sip will be located next to the school, almost 800 feet from Walden Road (the school actually fronts on Champions Drive, a publicly dedicated dead end street presently serving only the school), parents unfamiliar with the school site and other persons attending various functions at the school will not be able to see the sign, or read its me ' ssages, if it is not good-sized, illuminated, -and set less than 25 feet from Champions Drive. As you will notice from the drawing submitted earlier, the sign is marquee -style, having four lines of 8" changeable letters under the permanent name of the school to identify the particular activity being conducted there; e.g. PTA meetings, community meetings, local elections, etc. b. Literal enforcement of the ordinance (Condition B). If the size of the sign, its distance from the property line, and the prohibition against internal illumination are strictly enforced, as provided in the applicable ordinances, it will result in an unnecessary hardship to parents of students and to other persons having business at the school. Because of the great distance from Walden Road to the school building itself (almost three football fields in length), a smaller, non -illuminated sign more than 25 feet from the property line, containing the name of the school and the other changeable information about particular activities, will simply not be visible at night or in inclement weather. In fact, for persons seeking to read the information contained on the sign, it would be necessary for them to leave their cars on Champions Drive and walk (perhaps in rain) almost to the comer of the school building to read the message on the sign, which will not only be an inconvenience, but will create unnecessary traffic congestion in the school roadway at certain times of the day, particularly when school buses are loading and unloading. Mr. Murray Duren May 24,1999 Page 4 In summary, the hardship resulting from strict enforcement of the ordinances will be to the school community generally, and particularly to the parents and other persons having regular business at the school, many of whom reside in the adjacent residential areas. C. ' Spirit of the ordinance. As described in the attached drawing, the marquee- type sign proposed by the school district will involve 48 sq. ft. of actual signage (the ordinance provides for a maximum of 20 sq. ft.), with the bottom of the sign 9 ft. from the ground to prevent pranksters and vandals from tampering with the frequently changing messages. The sign will not exceed th6 height of the wall of the building. With good elevation to avoid vandalism; larger signage; internal illumination; and a setback somewhat closer to the street, the spirit of the ordinance (maximum public convenience, minimum public annoyance) will have been met. Accordingly, it is submitted that the public interest will be served by granting these variances for a somewhat larger, internally illuminated sign with a setback from the property line to be somewhat less than 25 feet. For the foregoing reasons, Beaumont I.S.D. respectfully requests that the Board of Adjustment consider, and if appropriate, approve its applications for three (3) variances, and for such other relief as it may show itself entitled. Yours very truly, WELLS, • GREENBER & LOU M TTHJrJs cc: Ms. Dorthy Patterson -FILE 425- Request for three variances to the sign regulations for an owner NORTH identification sign in a residential zoning district. Location: 3475'Champions Drive A Applicant: Beaumont Independent School District, Tanner Hunt, Attorney SCALE L---.. -- 1 111=200' i W1 TP#'N t" k,9#4110 SUBJECT R'� M�H TURNBERRY CIRCLE low Lo a wr of TORREY PINES CIRCLEA NY PALMETTO D,UNES CIR. WALDEN RD, KEMPER 'got W IL 1 7 cc 0 29 02 --mr ca Z ff 14 ID 14 9 G NE NE 33 11 14 us QD 0 Z In WE CZx AYA R-S I IR Ar'1 M K D S E 'PO NIMMI , . 4 W r 11 W 34475, • III M GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Beaumont Independent School District PROPERTY OWNER: Beaumont Independent School District STATUS OF APPLICANT: Tanner Hunt, Attorney for the District LOCATION: 3475 Champions Drive EXISTING ZONING: A-R, RS and RM-M PROPERTY SIZE: Thirty-one acres EXISTING LAND USES: School FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Woods RS (Residential Single Family Dwelling) District EAST: DDA ditch, woods A-R SOUTH: Walden Road, residential RS WEST: Vacant RS, RM-H COMPREHENSIVE PLAN: Neighborhood Growth Unit OTHER PHYSICAL FEATURES: None STREETS: Champions Drive - built to collector status DRAINAGE: Existing WATER: Existing SANITARY SEWER SERVICE: Existing FIRE PROTECTION: Fire protection is provided by Station #6.