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HomeMy WebLinkAbout334-BADATE: September 23, 1988 • :N * "M * � � ICI FROM: Planning Division/Community Development Department REQUESTED ACTION: To grant a variance to permit the construction of a 65 root tall owner identification sign at 3890 IH-10 South. Applicant is Steinhagen Oil Company, Inc. Staff recommends approval of the variance under City Code Sec. 30-37 E. (3) to allow an increase in height for an owner I.D. sign as regulated by Sec. 30-28-C (3) from 50 ft. to 65 ft., for the following reasons: The variance will not be contrary to the public interest; Literal enforcement of the Zoning Ordinance will result in unnecessary hardship; and By granting the variance the spirit of the Ordinance will be observed and justice will be done. La. # 334-BA .� 11• • The Stei.nhagen Oil Company has requested a 15 foot variance to increase the allowed height of an owner identification sign from 50 ft. to 65 ft. The sign is for a Texaco service station/convenience stop under construction at 3890 IH-10 at Walden Road in front of the Holiday Inn on a site containing 0.53 acres. The applicant's contend that the proposed Texaco I.D. sign at 50 ft. in height will not be seen by south bound traffic on IH-10 because it would be blocked from view by two existing I. D. signs located on an adjacent tract of land. The applicants also contend that a safe exit off the freeway would not be possible because of the time factor needed by drivers to see the sign and then react if the sign was 50 ft. in height or less. The property and surrounding property is zoned LI (Light Industrial). Anthony Brocato is the attorney representing the applicant. Exhibits are attached to this report. BOARD CERTIFIED -CIVIL TRIAL LAW - TEXAS BOARD OF LEGAL SPECIALIZATION ANTHONY G. Bt--iocA-ro ATTORNEY 230 PETROLEUM BUILDING BU--AUMONT, TEXAs 77701 September 2, 1988 TELEPHONE (409) 833-9800 TELECOPIER (409) 8319213 Planning Division, Room 240 City Hall 801 Main Street Beaumont, Texas 77704 Gentlemen: Steinhagen Oil Company, Inc., (hereinafter "Steinhagen") requests a variance from the Board of Adjustment to construct a sign on property in Block One (1) of the T. H. Langham Estate Subdivision out of the Charles Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, described on Exhibit "A" to the attached City of Beaumont Board of Adjustment Application Form. You have informed Steinhagen that this property is located in the LI, Light Industrial District. The sign for which a variance is requested is an' owner identification sign for the service station to be located upon the property described. The sign will measure 131 x 131 and contain a maximum area of 169 square feet. The height will be sixty-five (65') feet measuring from the surface of the IH-10 frontage road to the top of the sign. This height exceeds the maximum of fifty (501) feet provided for by Sec. 30-28(c)(3) of the Zoning Ordinance. Steinhagen requests the variance permitting the fifteen (15) additional feet in height since the sign at the 50, level is blocked from view to approaching traffic on IH-10 by two existing owner identification signs on adjacent property and at a level below 50' the Steinhagen sign would not be clearly visible. The grounds and reasons for this request are further set forth on the attached application form. Respectfully submitted, STEINHAGEN OIL COMPANY, INC. IT'S ATTORNEY 4 00VIA .R 5I- (3/4 F -3ARO OF A©,Jtw. STIV )NT APPLI ATI®N .rORM CITY OF E3EAUMONT THIS IS AN APPLICATION FOR TELL FOLLOWING: (Check One) ( ) Appeal Variance ( ) Special Exception Complete the appropriate supplemental application form depending on which box is checked and include it with your application. APPLICANT'S NAME: STEINHAGEN OIL COMPANY, INC. APPLICANT'S ADDRESS AND PHONE NUMBER: 3850 IH-10 SOUTH P. 0. BOX 20037 BEAUMONT, TEXAS 77720 (409) 842-1414 NAME OF OWNER: B. A. STEINHAGEN ADDRESS OF OWNER: P. 0. BOX 20037, BEAUMONT, TEXAS 77720 LOCATION OF PROPERTY: 3890- IH-10 SOUTH AT WALDEN ROAD LEGAL DESCRIPTION OF PROPERTY: SEE 3 COPIES OF ATTACHED EXHIBIT "A" LOT NO. 150' x 151' OUT OF OR TRACT BLOCK NO. ONE (1) PLAT -n AV\5 1 - 4_.AWr "h to ADDITION T. H. LANGHAM RAWME SUBDIVISIONURVEY NUMBER OF ACRES ` � .%�._..,. �-_3j063 fly NUMBER OF ACRES 0.�y3 For properties not in a recorded subdivision, submit three copies of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. SUBMIT A LETTER STATING IN AS MUCH DETAIL AS POSSIBLE REASONS FOR THE REQUEST. SUBMIT A SITE PLAN SHOWING THE EXISTING AND PROPOSED BUILDINGS, PARKING AND ACCESORY STRUCTURES. ATTACH ADDITIONAL MAPS OR DRAWINGS AS MAY BE NECESSARY TO EXPLAIN OR DEMONSTRATE YOUR REQUEST. ALL MAPS MUST BE DRAWN TO SCALE. A PROCESSING FEE OF $125.00 MUST ACCOMPANY THIS APPLICATION. IF THIS APPLICATION IS GRANTED BY THE BOARD, I UNDERSTAND THAT ALL PERMITS NECESSARY FOR PROSECUTION OF THE WORK SHALL BE OBTAINED AND CONSTRUCTION COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMISSION BY THE BOARD OR IT SHALL BE CONSIDERED VOID. STET GEN OIL P NY I C. APPLICANT'S SIGNATURE: BY : DATE: 1A,/-� PLEASE NOTE: THE APPLICANT IS GIVEN 10 DAYS TO APPEAL A DECISION OF THE BOARD IN DISTRICT COURT. PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: 4 SA DATE RECEIVED: RECEIPT NUMBER: PLANNING DIVISION, ROOK! 240 CITY HALL, 801 MAIN STREET BEAUMONT TX 77704 (409) 838-0665 VAPIANCE APPLICATION FORM 13[=AUIVIONT, Tr_ —>(AS 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 tliaL 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. The sign 65' high is compatible with abutting development in that it is located on property in an LI, Light Industrial District, with IH-10 abutting on one side and property classified LI on the other three sides. The LI District has no height restriction for any,8tructure other than sig, (see Sec. 30-25B AreaandHeight Regulations) and adjacent property is dev eloped with an eight story hotel that itself has an owner identification s approximately 100 feet high. CONDITION B: That literal enforcement of the ordinance will result in ull- necessary hardship because of exceptional narrowness, shallowness, shape top0graphy5or other extraordinary or exceptional physical situation or physical condiCi6Ci 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-iiiust not result from the applicant or owner's own actions. The subject property is zoned LI Light Industrial District, in which the proposed service'station is a permitted use and the owner identification sign is an appropriate accessory use to�the'service station as well as a specifically permitted use, In order to use the subject property to the fullest as a service'station site, it is necessary to have an owner identi cation sign clearly visible to IH-10 vehicular traffic traveling West and clearly -visible to such traffic a sufficient distance east of the (See cont n `Teat C 0 14 D R�116dl t at by granting the variance) the spirit of the ordinance will be observed and substantial justice will be done. To disallow height variancefor signs blocked from view by existingsigns in all circumstances,is to forbid signs on some properties,as a practical matter, and such -is not the purpose of the Beaumont ordinance. The spirit the ordinance is toallow signs in excess of maximum height when that it� necessary to the use of a.sign. (See.Sec. 30-37E 2d and Sec. 30-28(c)-3.2 I HEREBY ATTEST THAT, TO TBE ,BEST OF MY KNOWLEDGE, MY REQUEST MEETS T11E CONDITIONS STATED ABOVE, STEINJit,GENCQMPANY) INC. Applicant's signature: BY: KAM" Da te: -27)3� - - 13 A ,(Continuation of CONDITION B) freeway exit ramp for that traffic to safely exit the freeway. At the 50' maximum provided for by Sec. 30-28(c)(3) of the Zoninj Ordinance, the sign is blocked from view to approaching -traffic on IH-10 b two existing owner identification signs on adjacent property and at a leve'.' below 50' the Steinhagen sign would not be clearly visible. This constitut an exceptional physical situation unique to this specific piece of propert, relating to the property that prevents its fullest use.for a lawful use an( does not result from.the owner's actionst 1,0 c rGay Carr or Pi2op Cca. p o A cr 60, 0 0 i L 61 C/i V) 542 31,50,W-10.0o, /V,/y b Sav 3-0 fl, /y 4 451' 00 c i�) R I \/ C- or CoNc,14rc —,.rc b,,,e STEINHAGEN OIL COMPANY SERVICE STATION TRACT out of BLOCK I T.H. LANGRAM SUBDIVISION 0FL . CHARLES WILLIAMS SURVEY ..... ABSTRACT 59 BEAUMONT, JEFFERSON COUNTY, TEXAS A .14, RACKf 11 SEPTEMBER 2,1988 C. it s t: 0., PREPARED BYi 14ATT M. RACKI ly (409)�e92-2oo6� 77706 XH I IT "A PAGE 2 OF EXHIBIT "All 6 4-e i nh, ,gen 0`1 Co. t I-10 at Vialden Road 9/2/68 BEING an irregular shaped tract of land out of Block One (1) of the T.H. Langham Estate Subdivision out of the Charles Williams Survey Abstract 59,Beaumont,Jeft'erson Courity,Texas, plat of said Langham Addition being recorded in Volume 1 Page 17, ;slap Records.Jefferson County,Texas, the said irregular shaped tract of land being described by metes and bounds as follows: BEGINNING at an iron rod which is located in the northwest right- of-way line of Interstate Highway 10, the said ironpin being located South 42' 31' 50" West, a distance of 177.41, measured along the north- west right-of-way line from the intersection of the northwest right- of-way line of Interstate Highway 10 and the southwest right-of-way line of Holiday Square, a 60, wide City of Beaumont,Street; THENCE North 47* 281 10" West, a distance of 150-00' to an iron pin for corner; THENCE South 42' 31' 50" West,parallel to the northwest right-of-way line of said highway, a distance of 151-00' to an iron Din for corner; THENCE South 47' 28, 10" East, a distance of 110.001 to a point for corner at the most northerly corner of a 101 wide strip of land here- tofore conveyed by John Q. Hammons tQ,B.A.Steinhagen and A'11ary Jane Steinhagen; THENCE South 420 31' 50" "West along the north line of said strip, a distance of 10.00, to a point for corner; THEIiCE South 47' 281 10" East along the westerly line of said 10.001 wide strip a distance of 34.90, to a point for corner.in the north right-of-way line of the Walden Road turn -out; THE14CE North 690 331 2911 -East along the north line of said turn -out, a distance of 11.23, to a point for corner in the north right-of-way line of Interstate Highway 10; THENCE North 42' 31' 50" East along the north'right-of-way line of said highway, a distance of 151-00' to the place of beginning. ,A334-BA 4 ; APPLICANT: Ste' acren Oil C PROPERTY OWNER: Steinha en Oil Co. Inc. STATUS OF APPLICANT: X OWNER PROSPECTIVE BUYER TENANT OTHER LOCATION: 3890 IH-10 S. at Walden Road. LEGAL DESCRIPTION: Being a 1.50' x 151' tract of land out of Lot or Block 1., Thomas H. Langham Subdivision EXISTING ZONING: 11 L .M / 'JI' . ' , YEAR) FLOODWAY EXISTING LAND USES: Construction Site SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Hotel, trucking co., oil co., vacant woods LI EAST: IH-10 LI SOUTH: IH-10, Vacant tracks, USPO LI & GC -MD WEST: 'Truck repair, vacant tracks LI COMPREHENSIVE PLAN: Activity Corridor BEET Interstate 10 S. Walden Road r... 1001/241 CAS '# 334-BA CCMPREHENSIVE PLAN: DESITION/R.O.W. Freeway/Variest Major Arterial/120' WATER LINES (SIZE AND LOCATION) Walden Road - 1211 SANITARY SEWER (SIZE AND LOCATION) Walden Road - 72" DRAINAGE 'Surface drainage and storm sewers FIRE PROTECTION: FIRE STATION NO. 10, 3855 Washington Blvd. ADEQUACY OF FACILITIES AND SERVICES: Public facilities and service are adequate for proposed use. NOTICES MAILED TO PROPERTY OWNERS 3 RESPONSES IN FAVOR RESPONSES IN OPPOSITION COUNTS * R. O. W.= RIGHT OF WAY ,oASE # 334-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 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. ANALYSIS (A) Granting a variance to increase the height of the sign to 65 feet will not be contrary to the public interest. This property is in an area zoned for industrial uses and is developed with commercial uses, including an eight story hotel, oil company, trucking center and the US Post Office. There are no residences in the general area nor is there any residential zoning. There are no height restrictions for structures -other than signs -in the LI zoning district The sign at the top of the Holiday Inn is approximately 100 ft. in height. There are two I.D. signs adjacent to and north of the applicant's site which were erected many years ago prior to the city 's sign ordinance. These two signs appear to be about 60 ft. in height. The proposed sign at 65 ft. in height would not adversely effect the neighboring properties, developed or not. The proposed sign will not visually block any other freeway signs but will enable the owner to compete fairly in the market place. The largest volume of business for the Texaco Station will come from Freeway traffic. The public in this case includes - not only the adjacent property owners - but the travelers along the interstate highway. (B) Literal enforcement of the ordinance will result in unnecessary hardship to the proposed user of the property because of severe problems related to topography of the site. Topography of a place includes natural and man-made features and their 334-BA CAS + relationships to each other. These relationships which create a unique physical situation to this property are those pertaining to relief, elevation and the positions of one to the other A 50 ft. sign located anywhere on the applicants property cannot be seen by the drivers on the highway in time to make a safe exit off the main lanes onto the service road. The reason is because a combination of two existing owner I.D. signs and a tree line located between the Texaco site and Walden Road and the IH 10 exit ramp north of the station block the view. (C) The spirit of the ordinance will be observed and justice will be done if the variance is granted. The applicant has a right to advertise his business location in a manner that is practical and fair. The physical surroundings of the site (two blocking signs, freeway elevation changes and tall trees) cause a hardship relating to the property that are not caused by or the result of any actions by the applicant. Allowing a variance to 65 feet will provide a grater degree of safety for those drivers desiring to exit the freeway and granting this variance to increase the sign height will not impact any residential property. - --------- 11 334-BA. VARIANCE -Request to exceed the maximum height of an NORTH owner identification sign in LI district. APPLICANT: Steinhagen Oil Co, Inc. SCALE 1/200 G) V v oil \01 0 4 0/0 _J - L wAuu WALDE 40 6 4�A nn AS - 10