HomeMy WebLinkAbout420-BADATE: February 4,1999
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a variance to allow an owner identification sign to be constructed four
feet from the front property line in an HI (Heavy Industrial) District,
STAFF REPORT
This is a special called rehearing requested by Board Member LaBiche, pursuant to Article
VI, Section 1 of the Bylaws of the Board of Adjustment.
The J. S. Edwards and Sherlock Insurance Agency wishes to install a 2' 6" x 6' 0" brick
monument sign in front of 85 IH-10 North. This location is Regents Park I and 11 office
development, Building I is situated in frontofthe five acre tract. Building 11 (87 IH-10 N.)
is behind Building I. The insurance agency is a tenant and is located in Building 11.
The sign regulations allow signs in the district to a maximum height of 50 feet. A 10'
setback is required. The applicants wish to place their sign 4' from the property line which
is 18'back from the curb of the service road of the freeway.
The applicant states that a sign is obstructed at 10'by trees, utility poles and other signs. The
applicant said that the owners of the complex, represented by Mike Barnett, are in agreement
with this request.
The applicant has the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met.
Old and new exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 9 .
Responses in Favor . Responses in Opposition
LEGAL DESCRIPTION
Being all of Tax Tracts 61-F and 61-G, Plat C-6, Noah Tevis Survey, Ab-52, Beaumont,
Jefferson County, Texas, containing 5.0 acres of land, more or less.
January 15, 1999
Bob Harris, Chairman
City of Beaumont Board of Adjustment
Re: File 420-BA; E. Jay Sherlock Insurance Agency
Dear Chairman Harris:
Pursuant to Article VI §1 of the Bylaws of the Board of Adjustment, I am submitting
this letter as a motion for a rehearing to reconsider the vote on the above -referenced
application. It has come to my attention that the applicants have new evidence which they
would like to submit in support of their application for a variance. I would also request that
the ten (10) day requirement for filing this motion for rehearing be waived by the Board in
order that the new evidence be considered.
Sincerely,
iC
Dohn LaBiche
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OFFICIAL CERTIFICATION
OF
BOARD OF ADJUSTMENT DECISION
WV�r ..
This will certify that on December 3, 1998 — the Board of
Adjustment denied by a vote of 3 to 2 a
Special Exception, X Variance, — Appeal as allowed by
Sections 30-37 (e) 3. from Section 30-28 (e) 3.__ of the City
Code for property located at 85-87 IH-10 North (Re gents Park) and
requested by E. Jay Sherlock for J, S. Edwards and Sherlock Insurance
Agency
This decision denies an owner identification sign to
be constructed four feet from the front prgperty line in an HI
(Heavy Industrial) District
There is a ten day time period to appeal this decision commencing
upon December 3, 1998
1 /3Z98
Z-4
'§ignatue of Chairman Date
Board of Adjustment
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally
appeared Robert Harris , known to me to be person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
hePM executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND and seal of office this 3rd
day of December ) 1998.
Notary*blic, State of Texas
0
j w
E
Copy Right -- 16' 2"
Bldg..
Casa Ole -- 13' 7"
Bennigans -- 19' 8"
Steak & Ale -- 21'
Texaco -- 23' 4"
Chevron -- 18' 3"
Phelan Invest -- 15' 5"
Willy Ray's -- 14'
Timber
Lake Apts. 24'
Suahum Chinese -- 22'
Sartains Boat -- 6'
Regants Park -- 15' 10"
Regants Park
I & 11 -- 13' 10"
Health South -- 19' 10"
Chili's -- 21'
Lisotta's -- 25
Mr.. Warehouse -- 20'
I
14'-- MSCH
Stat Care
14' 6" -- Maida
Agency
19 -- Spoils Page
N 26' -- La Quinta
26' McDonnalds
15' McDonnalds
12' 11 " McDonnalds
22' 9" -- Angell's
15' -- American
Real Estate
15' 9" Day's Inn
13' 4" -- Golden
Triangle Fence
15' 4" Golden Triangle
Paint & Body
21' -- Thermacon
DISTANCE (SIGN FROM C
Copy Right Copies (Building)
16'
21)
Casa Ole
13'
7"
Bennigans
19'
8"
Steak & Ale
21'
9"
Texaco
23'
4"
Chevron
18'
3"
Phelan Investments (Stewart Title)
15'
S"
Willy Ray's
14'
0"
Timberlake Courts Apartments
22'
9"
Sushun Chinese Resturant
22'
9"
Sartin's Boiler Room (Boat)
6'
10"
Regents Park
15'
10"
Regents Park I & 11
13'
10"
Health South
19'
10"
Chili's
21"
0"
Lisotta's
25'
0"
Mr. Warehouse
20'
$"
Thermacon
21'
0"
Golden Triangle Paint & Body
15'
4"
Day's Inn
15'
9"
American Real Estate
15'
0"
Angells
22'
9"
McDonnald's
12'
11"
McDonnald's
15'
0"
McDonnald's
26'
01)
La Quinta
26'
0"
Sports Page Bar & Grill
19'
0"
Maida Insurance Agency
14'
6"
MSCH (Stat Care)
14'
0"
plb-r KCA -3UR%P 1v RG'M- 'Pg 6Pa¢-` T 41NCS .
0002
MEHAFFY & WEBER
A PROFFSSIONAL CofiPORATION
ATTORNEY5 AT LAW
069 ALIEN 1;010 2615 CA1.0ER AVENUE
630 0A%,LA6. SUTE 1200 POST OFFICE BOX 16
K,USJ0f4.TjM5 7M2 BEAUMONT, TEXAS 77704
ImLoaphoe'a (70) 601200
FAX (119) 466-0222
TELEPHONE (4&9) 6S6-5:11
PAX (404) 0354M
61"729
January 27,1999
10MGMEN AVENUE
P.O. 6OX 189
ORANalE, T6X*3 T7M
IELEpmONC (40) 6W770
FAX (409) 1111115-77W
Re: Rehearing on Variance for J. S. Edwards & Sherlock Insurance Agency, L.L.P.; M&W
File No. 6523-1
Mr, Tyrone E. C00PcV ria LC5—inA&--A(M-81 "-312
Legal Department
City of Beaumont
Beaumont, Texas
Dear Tyrone:
Attached is a letter from Brazos Management Enterprises, Inc., landlord of Regents Park,
concerning Signage. it is my understanding L%at the reharilig has been set for February 4, 1999 at 3:00 p.m.
in the City Council Chambers. We are putting together exhibits in preparation for out presentati0l) to the
Board of Adjustment, Please let 'no, kjiow of anything that we specifically need to bring or have with u3
at the relleafing.
Thank- you very much for your help in this matter and we look forward to seeing you on February
4,1999.
Enclosure
cc- w/attachment
Mr, E. Jay Sherlock
i. S. Edwards & Sherlock Insurance Agency
87 11.1-10 Al.„ Suite 200
Beaumont, Texas 77707
,NAV/153549
Sincerely,
Charles W. Goehringi r
For the Firm
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09: 21 J. 5. EDms -4 4oqs3u-=t77 002
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ftAzM MANAGEMENT FNTMMIN$P Sutra Z 10 INC-
HM&WOM. Togo 770Sf, 9 T*'WpUww(jj))UG-1184
Mr. L Jay OW00
j,fi, J!d*jjde *W 8haftek
07 l:H. 10 NO^ SVR9 200
5"Umoot, TOXIAS "707
v' , Park ftupnts, LL.C., the OWM of the SWrft PON OMOO Cbm*x, WOUM SWOO
to dow j.9, wwamp moo iBhp*k innkm Apm to InFWN a r(OW momiumem Stan
nW #* �dxjatjng monumrd fjWn of the ftWb3 p" Ofto Corm&x, qubjuct to Mor
OppmvW by " CK
'y of fteumant
K is Oder9too and agreed that Pork Resents, L,L,O, mt0no the fight tO P400 SmOftr
rwwm on the row monurrmst sign should we Mara vnOih@r *go lonayA -ftr the
prqmrty. The o"Ign of the rAw ton ot mme would be OW � a mutually symoble
jjmjUrQ grW WoUld bs pjaow undwmath j.6, Edwmr* end Ghbftok Insuromw Apmy's
no".
J.S.Edwards & Sherlock
Insurance Agency
October 29, 1998
The Planning Division
Room 210, City Hall
801 Main Street
Beaumont, TX 77701
Dear Chairman,
This letter is in reference to the enclosed application. This variance request is submitted in order
to allow our firm to install a 30" high by 6' long brick monument sign in a location that would
function as an address and identification sign. This sign is to be situated at the Regents Park 11
office complex located at 87 IH- 10 North.
Regents Park 1 ('85 IH-10) is located approximately 61' from the curb of Interstate 10 access
road. The state right-of-way comes off 14' from the curb which is where the property line starts.
If we came 4' off the property line, which would be 18' from the curb, it would make the sign
more easily visible as you are, traveling down the access road and act as an identification sign for
the tenants in the back building. We feel that the sign would be safe and also attractive to the
public and 18' would still be in the spirit of the ordinance.
Enclosed is a drawing, picture and description to help you better understand our request. Thank
you for your understanding in this matter. We look forward to hearing from you about your
decision.
Sincerely,
J. S. EDWARDS & SHERLOCK INSURANCE AGENCY
a Sherlock
J,
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Encls:
Beaumont (409)8 12-77 36/ Fax (409)83 3, 172 1 / Houston (7 1 3 )224,8723
S T 1 H 1 0 N o r t h S u i t e 2 0 0 / P . 0. B o x 2 2 2 3 7 / B e a u rn o n t, T e x a s 7 7 7 2
VARIANCE SUPPLEMENTAL APPLICATION FORM
BEAUMONT, TEXAS
(CODES SECTION 30-37 F-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. Separate sheets may be attached. (Ile 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.
With the variance being granted, the monument sign will still be l8ft. from
the curb & frontage road. The sign will match the building and will tell
the public the occupants in the back bu.ilding,
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.
With the ordinance the sign would be 24ft. from the curb. Because of the
landscaping for the building and the restaurants parking, the sign would
be unseeable and nonfunctional as a tenant's identification sign.
CONDMON C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
The l8ft. set back from the curb would meet the spirit of the ordinance
requirement and would allow good signage & terient'identification to serve
the public.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS
THE CONDITIONS STATED ABOVE.
Applicant's signature: Date:
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AD
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: E. Jay Sherlock
PROPERTY OWNER: Park Regents L.L.C.
STATUS OF APPLICANT: Tenant
LOCATION: 85-87 IH-10 North
LEGAL DESCRIPTION: Being Tracts 61-F and 61-G out of Tract 61,
Tax Plat C-6, Noah Tevis Survey, Beaumont,
Jefferson County, Texas.
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Restaurant, large apartment complex
EAST: IH-10 N. service road and main freeway
SOUTH: Beaumont High ditch, Plaza-10 Subdivision
(hospital, offices, restaurant)
WEST: Woods, Hillebrandt Bayou
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
WATER:
HI (Heavy Industrial) District
5 acres
Two office buildings 39,000 sq. Ft. (Regents
Park 1) and 41,000 sq. Ft. (Regents Park 11).
"C" - Minimal flood hazard
4a00I a t 8 1 ut VA*j No I ON M
HI (Heavy Industrial) District
III
GC -MD (General Commercial -Multiple Family Dwelling)
District
HI
Activity Corridor (freeway)
Interstate 10 Highway - south bound service
road; right-of-way varies, pavement width
varies.
Storm sewers and ditches.
N/A
GENERAL INFORMATION/PUBLIC UTILITIES continued
SANITARY SEWER
SERVICE:
N/A
Station #10, 3855 Washington Boulevard
ADEQUACY OF SERVICE: Present services and utilities are adequate.