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HomeMy WebLinkAbout331-BASTAFF. REPORT CASE.f DATE: February 23, 1988 FROM: Planning DivisiorVCcmmmity Development Department REQUESTED ACTION: Variance to permit the construction of a sixty foot tall owner identification sign at 3985 College Street. Applicant: Waffle House, Inc. STAFF RECOMMENDATION Staff recommends denial of the variance because granting the variance:. would be contrary to the public interest; would not address any physical hardship relating to the property itself; and would not be in keeping with the spirit of the zoning ordinance. CAS # 331-BA Waffle House, Inc., has leased the restaurant site located adjacent to the Howard Johnson's Motel at College and IH-10. The site contains a building and 0.9 acres of land within the 3.4 acre Howard Johnson'. tract. The Waffle House tract is leased from Marriott Family Restaurants, Inc. The c npany wishes to build an I.D. sign 60-ft. in height. The Zoning Ordinance allows a maximum height of 50-ft. for owner identification signs as defined in the sign regulations, Sec. 30-28 C. (3). The conpany has requested the 10-ft. variance under Sec. 30-37 E. (3) of the Zoning Ordinance. Copies of a letter and other exhibits from R. Lee Counsellour of Waffle House are attached to this report. "GOOD FOOD FAST" 2626-D Manana Drive - Dallas, Texas 75220 1. ,(W514) 35-7�64 r- 1-11ary -), N3,8 City of Beauiy)nt Mr. Kirt E. Anderson - Senior Planner Jon for Signage Variance 142; Api-.,.)Iicat- Planninq Division 39,B5 Col-lecle Stl-(-�Ot (at T-10) 1)0 Box 3827 Beaumont, 'IV--xas 77704 Beawnnt 1'exas IA--ar Mr. Anderson, Enclosed for your reference are the foll,cwing:items; #11: our check for the $ 125.00 processing fee. 1112: Board of Adjustfre"t Application fonn. #3: Color facsimile of the proposed sign. )�-,eto indicate f,4: Copy of a portion of iiy 6-1-87 "as-bui,10 survey n Ir d the location of our proposed sicin. #5: lb- duced copy of a 6-1- 87 survey shcmi nc ' i our 0.9084 acre leasehold and remainder of the tract occuPied 1:)y'lloward Johnson's Motor 1k)dqe under A separate lease. #6: Blueline copy of our 5-25-87 "as -built" survey of the leasehold and depicting all physical. features, buildings, driveway, traffic aisles, parking spaces, etc.. While "financial considerations" are not a factor in the Board's deliberations We - are, never the less, ooinr)elled to say that our business i s " freeway oriented, " wifl-i the bulk of our business being derived from freeway traffic, and, that our s-i.qn is our only advertising medium. That being the case, t4le quality and visibility of our sign has a direct (x)rrelaticn to the nutiber of Beauir)nL people we 1101x-' to el"Pl()Y- The primary problem with sign visibility he re is (LIC(o tim pi-onounced cur. e it, thc roadway of 1-10 as it approaches College and the Northbolu"d off-rarfu). We ner(-Xlivcs this to be a physical hardship. J on 12-3-87, 1 employed State Sign Corporation to T)ers01-1all y ascertain L e be st and position and heighth of the sicjn by using a "target hoard" on their Ix)on trLlCle, Z, then observing the board from 1-10 at 40, 50, 55, 60 and 65 ft. heighths at two separate locations on the tract. 11-ie process resulted in our determining our need for requestinct a 1.0.0 ft. variance to the 50.0 ft. heighth allowed by existing code - At the 50.0 ft. heighth, the sign cannot be seen until tjortlAxnuid T-1-0 vehicles are . able to L,,-je 1,1al-iuver.-safely, if at all.. The too close to the exit ramp to be ra proposed 60.0 ft. height . allows earlier recognition of ti-ie sicP-1 and crucial ext. seconds for the driver to exit with safety. - 1 - EXECUTIVE OFFICES - 5986 FINANCIAL DRIVE - NORCROSS, GEORGIA 30071 -- 2 - We have been a part of the Beaumont comijunity foi- s(ii72 thi-e ncm with another resLaural-It ),at 11t1i and I-10 and believe we have established a g(x)d reputation in the area. We will appreciate the Board's consideration. Please advise as to whether or not we will be on t1le Baord's agenda for their 3-10-88 hearings. Also, please contact rw-, directly sl-iould you or 0010-17 staff wish to disculss the matter prior to the hearing. R-_ would welcony-, your ocnm)ents. `thank you. Sincerely, L(- Cbunsello�_` Asst. Vice President , Le House, Inc. Loc-A-rt o H Pfzlwvtm (,-, MEDICAL. bpri(C-5., s ICJ tjpmp(!cr r-`C,r4 MOT" L vi 0 Jt H cvmNF-ve?AL FLA "N kmG D I,\jI,stom 5I,-rz 331-k3A C Q (I r5 5 T 'ro VAPr 14 F 10 tf r 0 r- 0 W,4012, Sl($N w4rr�f 14 o I, I c� (5, T C, 39IRS CaL,L-v-GV ST-R(ART MAV-1 99 PM,V,OIU, rlZC 3318,E I'D (D U) rt Fb 0 Fi x M H P. z Ln G) rt U F'- (D H �j rt LLA TJ Al ut LO ds (JrM L. rri t) Z13 ry a] m () —r C) z 00 :j m z F- 0 G) x T > (P C: > J) < QI CD AVI w I I I k) III() C) ' 0 -ij L a i' -A (A (A (A I ' () �l 0 CA PI Er 7 10' 5AtAll'Al-<'T' Dtvll" ('P.P,. VOL, 867-8 , pm 119) 3 dad k4 COL(.J"ENU5 r- RTWLtll SUBP. "I, I 0 w 89 y IN - - .5 25 �- LA t 0 11,11 "Y' E: 10 9. P- 1 ST5 4'E tTj Fl 0 FO 0 0) 0 00 Fh — rt H .7' 0 n. 0 of irr In t4 t3l 00 24 moo k4l rl L in !1Z KJ 85'07-'E za'O' COI--LLC-jE---- Yl-tB�'EET W '-0 r (D CASE # 331-B& APPLICANT: Waffle House, Inc. PROPERTY OWNER: Marriott Family Restaurants, Inc, STATUS OF APPLICANT: OWNER PROSPECTIVE BUYER X LE,ASEE OTHER LEGAL DESCRIPTION: Pt. Lots 25 & 26, C.ollMe Acres Addition EXISTING ZONING: L.I. (Light Industriall FLOOD HAZARD ZONE X C (MINIMAL) B (MDERATE) A (100 YEAR) FLOODWAY SIZE OF PROPERTY:. 0.9084 ACRES I EXISTING LAND USES: Restaurant SURROUNDING LAND USES: NORTH: C:Omercial, Medical EAST: IH-10 SOUTH: Cormercial WEST: Ctmmrtercial IVE PLAN: Activity Corridor ■m IOTHER PHYSICAL FEATURES: NONE SURROUNDING ZONING: LI & GC -MD Ll ILT LI & GC -MD CASE + 331-BA PUBLIC UTILITIES, STREETS AND SERVICES wlyp(RIff ESTM: STFIM R.O.W.tZPAVEMERr IH-10 Varies / Varies WATER LINES (SIZE AND LOCATION) N/A SANITARY SEWER (SIZE AND LOCATION) N/A DRAINAGE:N/A FIRE PROTECTION: FIRE' STATION NO. 10, 3855 Washington Blvd. ADEQUACY OF FACILITIES AND SERVICES: r1he public facilities and services are adequate. PUBLIC NOTIFICATION AND RESPONSE NOTICES MAILED TO PROPERTY OWNERS 10 RESPONSES IN FAVOR RESPONSES IN OPPOSITION COMMENTS R. O. W.= RIGHT OF WAY VARIANCE APPLICATION FORM BEAUMONT, TEXAS 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. CONDITION B: That literal enforcement of the ordinance will result In un- necessary 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 toconvenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. WNDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 1 HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY RKQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Da Le: et Shown. r CASE + 3 3 1-BA The Board of Adjustment is empowered to authorize a variance from a require- ment 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. CONDITION B: That literal enforcement of the ordinance will result in un- necessary 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 appli- cant or property ownerts own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 002ma (A) Granting the variance would be contrary to the public interest. A maximum height of fifty feet for owner identification signs has been operational since 1981. All property in Beaumont zoned comwxcial and industrial including tracts on or near the various freeways are governed by the same zoning standards. Moreover, billboards (advertising signs) are restricted by the City and the State to a maximum height of 40-ft., and billboards are designed for major highway traffic. Applicant is proposing an I.D. sign of 60-ft. (B) The applicant has not shown that his tract of land is extraordinary in shape or meets any standards for a variance because of a physical hardship relating to his tract. There are several locations on the property that a 50-ft. tall sign could be placed to attract freeway and College Street traffic. The north bound off -ramp on the freeway is located in a Straight line approximately 1,600-ft. from the intersection of College and IH-10, where the restaurant is situated. No unnecessary hardship has been demonstrated by the applicant. Applicant's reasons for a variance are concerned with financial considerations and do not meet the test of condition B. (C) The spirit of the zoning ordinance would not be met by granting the variance. Applicant was aware of the sign regulations prior to leasing the existing restaurant site. A restaurant has operated out of the building for many years. A maximum height of fifty feet is ample for an identification sign and applicant is able to erect more than one sign on the property and on the building. The Beaumont Ordinance imposes minimal restrictions on signage. Commercial sign setbacks are only lQ- ft, between property lines and the structural supports of the signs, 'Where is no maximum on the allowed area of a sign in the commercial or industrial zoning districts.