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HomeMy WebLinkAbout510-BADATE: February 5, 2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the minimum allowable interior side yard setback from I Vto 2' and to the minimum allowable setback from a street right-of-way from 25' to 3' for an advertising sign. FILE: 5 1 O-BA NOTE: The Board of Adjustment granted a rehearing of this item on January 8, 2004, STAFF REPORT Crockett Street Development Company constructed a screening wall along the southwest side of their parking lot for the Crockett Street development. The purpose of the wall is to screen an adjacent building at the corner of Pearl and Bowie. Crockett Street Development Co. would like to lease off -premise advertising space to other businesses. Their letter states that they propose to place five 18'x 24' signs on each of the five panels that make up the wall. The Zoning Ordinance requires that off -premise advertising signs of this size be spaced a minimum of 750 feet apart. Based upon that spacing requirement, only one off -premise advertising sign could be placed upon the panels. Multiple owner identification signs for the businesses in the Crockett Street development could be placed on the wall without any spacing requirement. The Zoning Ordinance also requires that off -premise advertising signs be placed no closer than 10'to any interior side yard and no closer than 25'to any street right-of-way. The sign will be 2' from the interior side yard and 3' from the street right-of-way. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 . Responses in Favor . Responses in Opposition Administration 340 Bowie P 0. Box 1153 Beaumont, Texas 77704 (409) 832-2944 Fax (409) 832-2814 November 14, 2003 Board of Adjustment City of Beaumont 801 Main Street Beaumont, TX 77701 Dear Board Members, As municipal leaders, you know more than most the positive impact that the Crockett Street Entertainment District has had our wonderful city. The Entertainment District has changed the quality of life in Southeast Texas and has created over 450 needed jobs in our community. Most importantly, it has changed the tourist perception of our city and has given us something to showcase to visitors and out of town guests. It is these tourists whose attention Crockett Street would like to attain and that is why we are addressing you today. We are requesting your consideration of a variance for Sign Regulations specifically addressing "setbacks." Specifically, we are requesting a variance that signage may be placed on a structure on parts of Lots 88 and 89 of Block 15 of the Noah Tevis Tract. This is our main parking lot between Main and Pearl Streets south of Crockett. The structure has been erected for months and is closer than 10 feet to the property line. It is approximately 2 feet ftom a building structure that sits on the property line. -T V�R 54- TVC,+Q%e ( S C-" L-.Z— ko fry A4, V S t e c-k In order to capture the attention of over 25,000 weekly visitors who come to Crockett Street for breakfast, lunch, dinner and late night, we would like to place five quality signs on the green metal wall in our main parking lot. One, approximately 18x 24' sign, would go on each of the five panels. We guarantee that each of these would be of highest quality product and design. The Crockett Street Entertainment District has received statewide and national attention. Just this week, the Texas Downtown Association presented The Spindletop Restaurant an award for "Best Restoration". With the help and guidance of the Beaumont Convention and Visitors Bureau and other local agencies, we feel that tourism will only increase. It is to these people who visit Crockett Street that we would like promote ourselves, the Beaumont CVB and other local attractions and businesses with the vinyl banners. As you can see by the attached map and photos, only visitors to Crockett Street will be exposed to the signs. We hope you will consider granting us a variance so that we can "show and tell" our visitors about all the great things Southeast Texas has to offer. Should you have any questions or need additional information, please contact me at 409-749-4665. LS* cierely, stina Del adillo Public Relations VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances %%it= 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). E,xccpt as otherwise prohibited, the Board is empoNvercdto authorize a variance from a requirement of the Zoning Ordinance when the Board finds that all of the follo%ving conditions have been met: CONDITION A: That the granting of the variance will not be contrary to the public interest, n04- & if7"t UP d 'I as -f 'kx- M vc, k ca.PlIt CR- sus nac 6j C AS n . ;� All LV, +kkl CKoA61 S4iet4- ` irl CAI feC 5 r f of CONDITION B: That literal enfbr=iw1 of the ordinance will result in unnecessary hardship becium of c\ccpdonal nxrowness, shaflowness, shape topography or other extraordinary or exceptional physical situation or phNsical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean ph%sical hardship relating to the properly 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. 't A, f-0 0, S'5 r\A 4�,Q s 4-v c, 4,, c a, vv W(-k v L ts h - p I (c� r- -;L away 1 4 dy-1 �t- -y t i rR- + �iopc,4 T-" rv�Y,y is tors —Q 4, C+ I'Q t'rA' + my¢. -�,ckeK �v ertj S4-,v(,4,t c,5 ctds2 4-0 Rop-Irix fir-t 63 CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done 5%)-, 0rI4JytAn(e k o bsef veot &+,d —t kk 5 P -k (-,+ 4 �- +(^A- wt dont becow),( Ci-ockc++ sf(fe b W"' cojjs' rj)G'�- des,si,ed 4,0 Coi4ylitw4 4A-Q- (a"M tk;r' " / AD H I'S V1 n'-'g"4 - asP,'s4r,J- we '9""J kc's eP1-tb1('LC'P( C'0('kz�� Sfffel l "'�er%lioujy 4-LA(L +t�AIVN S(VO-VIC andW' 0+ +A,-q- W5�0 % � (- cc Kky 0 (9v $. i "ess I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEM THE CONDITIONS STATED ABOVE. Applicant's La HLE 510-BA: A request for a variance to the minimum allowable side yard setback and to the minimum allowable setback from a street right-of-way for an advertising sign. Location: 200 block of Crockett, south side Applicant: Crockett Street Development MAID l PUSBLJCTREET a1,00-nova O,P.R..;-^. \ 5 - XT w GULF' STATES JnUnES LOT 97 yCLUME 1977. :)AGE 141 0,R-C. SET 504 I X ASPH.LZ S40*25'30* u. fA 'n 1z A SEr Y:-1440r28' IN coic wriess sunmyed and rewy eas "As day onbw hervan and ieft aww0cm *Kwt" in w"Poing of '"wwr ments. he exxiat an id hewn dodkxted madway. tfwvm c4KUft rIU0 Company CA 4599 117.00' T SE1' 164t 'N ASPK 117. 0 tLrQ� CrTy OF SEAUMO.11T� VCLUME 2071, PACE 86 O.R.I.C. S8601 1,01M OF C;;RS %-, "P.) B40*28'3083 206.10' - --------------- /* TRACT U 1.727 ACPMCCRNLq OF, 47.513' PRCPC-W A. AJ PJECT 'CM --l-ANAGM, --cT i5-v. -cr n N*9 . -- ------ 2,Affti OF '-CT SE -01,!' OF -OT 32-94 Q CLF_:rKs PL.V 99XO4921 PEARL 'STREET 21.23(01.11 Puaw *AV.) ser Y tN COW- Z% '44A� Q -A�\qmcy YARY PART OF LC' CL-EqK'S rILE ' O.P.R, Surieyw for Tom Flanagan :n 4Ccw*M" with ths Faderts EmwVenry Wnagwsnt Agancy, AWO !ftftum►cte Rani WV 46507 Pane .4= 0020 9 We of -Tft 12/04/19$4 TSS pvowty :If ;n Z&w Location an T40 dWAMKAqd 3V wow; w n= Actual n4W wWAdw M ddwminad, WORM04•and 9mvwmm mr- daft not vermnr nor %AwwJM to ft *00imeY or *=W Of $04 "Me. AMw detwTrkwd to be, aut%WS *ft 600-7000'500d plain. it _�' "ut.. .♦ . w[ io k � t 0 F r A y n ✓ h. k " spa f,J 0 $[ O�� r �M � I c i l�Y N o ff 4rn GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Crockett Street Development Company PROPERTY OWNER: Same LOCATION: 200 block of Crockett, south side LEGAL DESCRIPTION: Parts of Lots 88 and 89, Block 15, Beaumont Addition EXISTING ZONING: CBD (Central Business District) PROPERTY SIZE: 0.126 acres, more or less EXISTING LAND USES: Parking lot FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial CBD (Central Business District) EAST: Commercial CBD SOUTH: Commercial CBD WEST: Commercial CBD COMPREHENSIVE PLAN: CBD Special District OTHER PHYSICAL FEATURES: None STREETS: Pearl Street - major arterial with a 61' wide right-of-way and 40'pavernent width; Crockett Street - major collector with a 6 I'wide right-of- way and 40'pavement width DRAINAGE: Curb and gutter WATER: Pear Street - 10" waterline Crockett Street - 8" water line SANITARY SEWER SERVICE: 8" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station 41, 747 College. ADEQUACY OF SERVICE: Services are adequate. DATE: January 8, 2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for variances to the minimum allowable interior side yard setback from 10' to 2' and to the minimum allowable setback from a street right-of-way from 25'to 3' for an advertising sign. FILE: 5 1 O-BA STAFF REPORT Crockett Street Development Company constructed a screening wall along the southwest side of their parking lot for the Crockett Street development. Tile purpose of the wall is to screen an adjacent building at the corner of Pearl and Bowie. Crockett Street Development Co. would like to lease off -premise advertising space to other businesses. Their letter states that they propose to place five 18'x 24'signs on each of the five panels that make up the wall. The Zoning Ordinance requires that off -premise advertising signs of this size be spaced a minimum of 750 feet apart. Based upon that spacing requirement, only one off -premise advertising sign could be placed upon the panels. Multiple owner identification signs for the businesses in the Crockett Street development could be placed on the wall without any spacing requirement. The Zoning Ordinance also requires that off -premise advertising signs be placed no closer than 10' to any interior side yard and no closer than 25' to any street right-of-way. The sign will be 2' from the interior side yard and 3' from the street right-of-way. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 - Responses in Favor . Responses in Opposition Administration 340 Bowie P O. Box 1153 Beaumont, Texas 77704 (409) 832-2944 Fax (409) 832-2814 November 14, 2003 Board of Adjustment City of Beaumont 801 Main Street Beaumont, TX 77701 Dear Board Members, As municipal leaders, you know more than most the positive impact that the Crockett Street Entertainment District has had our wonderful city. The Entertainment District has changed the quality of life in Southeast Texas and has created over 450 needed jobs in our community. Most importantly, it has changed the tourist perception of our city and has given us something to showcase to visitors and out of town guests. It is these tourists whose attention Crockett Street would like to attain and that is why we are addressing you today. We are requesting your consideration of a variance for Sign Regulations specifically addressing "setbacks." Specifically, we are requesting a variance that signagc may be placed on a structure on parts of Lots 88 and 89 of Block 15 of the Noah Tevis Tract. This is our main parking lot between Main and Pearl Streets south of Crockett. The structure has been erected for months and is closer than 10 feet to the property line. It is approximately 2 feet ftom a building structure that sits on the property line. Stv<e4- In order to capture the attention of over 25,000 weekly visitors who come to Crockett Street for breakfast, lunch, dinner and late night, we would like to place five quality signs on the green metal wall in our main parking lot. One, approximately 18x 24' sign, would go on each of the five panels. We guarantee that each of these would be of highest quality product and design. The Crockett Street Entertainment District has received statewide and national attention. Just this week, the Texas Downtown Association presented The Spindletop Restaurant an award for "Best Restoration". With the help and guidance of the Beaumont Convention and Visitors Bureau and other local agencies, we feel that tourism will only increase. It is to these people who visit Crockett Street that we would Re promote ourselves, the Beaumont CVB and other local attractions and businesses with the vinyl banners. As you can see by the attached map and photos, only visitors to Crockett Street will be exposed to the signs. We hope you will consider granting us a variance so that we can "show and tell" our visitors about all the great things Southeast Texas has to offer. Should you have any questions or need additional information, please contact me at 409-749-4665. S' cerely, istina Del adillo Public Relations VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) 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 empoN%=W'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. p'v C JJ,WJJ nj4- 6f- ityt�b5Ca( S Rk W1 C,/, cue s All n b'; tj i r�s 0 � art vl()+ in 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. - —1 R'Z~'VV., (-CA's k,-p .5-k UG41C On VV ki'(-k wt. LA-67h �o PICA (e— S/5' Y\A 0. V"'I 4dy-7- 4-t— --y t i rLR- ryko M 6ts k'i-$ to -C.A� I, 4\k C+v P, pro -Q V4 W�g Y, J ' k I' CONDITION That by granting the variance, the spirit of the ordinance will be observed WW substantial justice will be done. a�44­&_ 516- ocrJyuLri(p_ udl be obscfvc-&L a­o( SJ6�'(x W be sj(tt b wl( cwSfru.-�- � copyliaM4 4-C optv-rd v-;" e7 i AJ Wt ait Provo{ tf"-f 6'""A"J JAra s CroJk4 Sflt''Cf_ as j rkli 0-1 ly or +Ar w6A'C>6C_ ccvl' y� bVSiv�ss CAZS�rtc'4 I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicanes signature: Dw4ke,�(k Q FULE 510-DA: A request for a variance to the minimum allowable side yard setback and to the minimum allowable setback from a street right-of-way for an advertising sign. location: 200 block of Crockett, south side Applicant: Crockett Street Development MAINSTREET Cm OF BEAUMONT (81.1 I. PUSX R.O.W.) F,C. 100-72-0787 O.PRwX- j GULF STATES MUnES LOT 97 'YOLUME 1977, OAGE III '_9 SET 60d IN AW&sPH. S41MB'30*3 z 1171.00' su E-0 IN CCw_;4 ;-K 0 S XT Ca ---------- 0 :;�e I z j"U j SET c.-4 -Y4 IN Cm4 wrtion wrwwyod and IN CCw_ CT' OF SEAUMONI . VOLUME 2071. PACE 86 O.R.J.Q Irvey was046 day cribed hervan and ;s jM oardUcts. Owaft9os ;n wicppkq of improve rents. h* excat as Shown id f= dsdk=tod road". fferwrn Cawdy TlUs Company TRACT A r_ BACK OF CIUM (-,YP.) 540`28'300'E 266.10' IN Cow— J5 mwar a ee it Em4 --COVERED --------- Ix 0 97 TRACT U '1440"28'30'1 SE7 L.727 ACRM CORNER 47.58' Matr_ R C�, T' , Ato 5 pRcpr-w S1 th CM --14WACANI '..CT i5-87. CT 35 & 9 OF :CT 88-31L SE 101.!' CF _OT 92 Q CLZ.RK'S FILE 19990049241, RMCY �.A VARY N. PART OF LC1 WS rIL_ E► Y PL STREET 21.3' (81.11 PUBW RAW.) StjrmM for Tom Flanagan :n accaraomm with ft Federal Emergency Y4n439wwft Aqsncy. PlacId tAWXMX* P4t$ I&W Community No.: 485487 Pang .4w 0= a oats of FIRM: 12/04/1964 This pmoerty 3*1 ;n Z0n4 *V. LDcatiw on .7ma UtwrMnw 3y scale: st ^m= Actual field ~*m nat dstwTmUwmL WORTECH wW Sureetcov. ',mc. doest not warrant' rw *Ascribe to ft accuracy or seats Of said mom Ll a I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Crockett Street Development Company PROPERTY OWNER: Sarne LOCATION: 200 block of Crockett, south side LEGAL DESCRIPTION: Parts of Lots 88 and 89, Block 15, Beaumont Addition EXISTING ZONING: CBD (Central Business District) PROPERTY SIZE: 0.126 acres, more or less EXISTING LAND USES: Parking lot FLOOD HAZARD Z "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial CBD (Central Business District) FAST: Commercial CBD SOUTH: Commercial CBD WEST: Commercial CBD COMPREHENSIVE PLAN: CBD Special District OTHER PHYSICAL FEATURES: None STREETS: Pearl Street - major arterial with a 61' wide right-of-way and 40'pavement width; Crockett Street - major collector with a 6 Pwide right-of- way and 40'pavement width DRAINAGE: Curb and gutter WATER: Pear Street - 10" waterline Crockett Street - 8" water line SANITARY SEWER SERVICE: 8" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station # 1, 747 College. ADEQUACY OF SERVICE: Services are adequate.