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HomeMy WebLinkAbout474-BADATE: February 7, 2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 10'sign support setback requirement of Chapter 30-28 (c) to allow a sign at the property line at 16 10 IH- 10 East. FILE: 474-BA STAFF REPORT Reginald Wallace, owner and applicant, is building a now Conoco convenience store at the northwest comer of Gulf and 11-1- 10 East. A pricing sign is proposed at the southeast comer of the property. Tile supports will be 10' from the property line along Gulf but will be up to the property line on the IH-10 access road. The applicant states that because of State and City mandated entrance and exit points, flexibility in sign placement has been greatly diminished. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 5 . Responses in Favor . Responses in Opposition City of Beaumont Board of Adjustment 801 Main Street Beaumont, Texas 77701 Spurg,. L.L.C. 1610 IH-10 East Leaumont,, Texas 77703 (409) 835-1163 January 18, 2002 Dear Members of the Board of Adjustment: Phone: (409) 880-3764 Fax: (409) 880-3133 We respectfully request a variance pursuant to Codes Section 30-37. A variance is requested to place a commercial identification sign on the property line of the property noted on the attached Board of Adjustment Application Form. Reasons for the variance are noted below. Condition A — The granting of the variance will not be contrary to public interest because: I , placing it at this location will not hinder drivers' line of vision, and 2. the placement of the sign decreases chances of distractions because it is located near a traffic signal where traffic is often stopped, and the sign does not rotate or move, is not excessively bright, and it does not flash, and 3. it will not create any new safety hazards (a) should a motorist accidentally run off the roadway from the IH- 10 feeder road, the motorist would collide with the traffic signal pole before he could collide with the identification sign (b) from Gulf Street, the placement of the sign would be within the code of the ordinance Condition B — The literal enforcement of the ordinance will result in unnecessary hardship because: I the driveway of the facility/property is exceptionally narrow (a) drivers will have extreme difficulty in exiting onto Gulf Street when facing IH-10 (b) damage to cars and the sign is likely, and 2, the property contains no other comers, and 3. entrance and exit points are pre -mandated by State and City officials, thereby limiting the property owners' flexibility in the placement of the sign (furthermore, requests to move the entrances were refused by State and City officials), and 4, placing the sign in positions other than on the corner minimizes its visibility for potential customers, thereby decreasing patronage, with the end result being a negative effect on the business' income, and 5. none of these concerns were created by the owner Condition C — The granting of the variance is in the spirit of the law because: I placement of the sign where requested will not go against the "spirit of the law" as defined in section 30.3 -------------------- GAL EL 4 H KA %0ORTH FILE 474-BA: Request for a variance to the requrrecl setback for an owner identification sign on the property line in a GC -MD (General Commercial - Multiple Family Dwelling) district. Location: 1610 IH-10 East Applicant: Spurg LLC/The Place i■y r S .6 J- 4VfA LE AVE I MAPLE AVE. 176V 0 'Vo'yr-4lNE rNN iI A4�0,N 17 .. 50 AOVRrY 4IN4* 1AmfS MC r46�5,N .10 jo 00 At SCALE V=200' 0 0 1 .,1 1p S 4 3 1 W z < O LOUISIANA AVE, Vj 0 A2 # /* to W ? 0 SLAOYS AVE fo 10 GLA&YS AVE. '0 1 1 i 6 7 �27 I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Spurg LLC/The Place c/o Reginald Wallace PROPERTY OWNER: Reginald Wallace LOCATION: 1610 IH-10 East LEGAL DESCRIPTION: Plat A-14, Tr. 8, pt. Tr, 37 & Tr, A (closed Isla Street), James Drake Survey EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.490 acres, more or less EXISTING LAND USES: Convenience store (under construction) FLOOD HAZARD ZONE: "C" - Minimal Flooding SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Babe Zaharias Park GC -MD (General Commercial -Multiple Family Dwelling) EAST: Commercial Ll (Light Industrial) SOUTH: Commercial Ll WEST: Babe Zaharias Park GC -MD COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Gulf Street - a 60' wide major arterial with a 36' wide pavement. DRAINAGE: Curb and gutter WATER: Existing SANITARY SEWER SERVICE: Existing FIRE PROTECTION: Fire protection is provided by Station V, 1700 McFaddin. ADEQUACY OF SERVICE: Services are adequate.