HomeMy WebLinkAbout418-BAT
DATE: November 5,1998
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for variances for a non -conforming owner identification sign in the Oaks
Historic District. The variances would allow a maximum size of 16 square feet
instead of the required 12 square feet, a setback of seven feet seven inches instead of
the required 15 feet and a height of seven feet instead of the required six feet.
FILE: 418-BA
STAFF REPORT
In 1993, City Council created by ordinance, the Historic -Cultural Landmark Preservation
Overlay District and adopted regulations to govern the area. The Oaks Historic District
located north of Calder Avenue between First Street and Eleventh Street was the initial
section of town chosen for the overlay designation.
The ordinance, Section 30-21.2, requires that all structures and parking lots - except for main
and accessory structures and fences - come into compliance with the regulation within four
years. The amortization period has now expired.
Ann Lee and Associates at 2175 North Street requests that the existing 4' x 4' wooden sign
located in front of the advertising agency be allowed to remain.
HT. AREA SETBACK
Sign regulations 61 12 sq. ft. 15'
for historic district
Existing company 71 16 sq. ft. T 711
identification sign
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 23 .
Responses in Favor . Responses in Opposition
ANN LEE &ASSOCIATES ADVERTISING PUBLIC RELATIONS
October 16, 1998
Board of Adjustment
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Ladies and gentlemen:
Ann Lee & Associates has been located at 2175 North St. in Beaumont since the early
1980's. The sign that has become the center of attention with respect to the city's
Historic -Cultural Landmark Preservation Overlay District is neither offensive nor overly
large. Further, it does not restrict visibility or create a traffic nuisance.
According to the city's measurements, the sign is 77' behind the property line which
locates it more than 17' behind the face of the curb. Moving the sign back to conform to
the 15' set -back from the property line will create an undesirable and unattractive situation
with respect to our building and create an unnecessary cost to our business.
Moreover, the current sign is 16 square feet, as opposed to the regulation of 12 square
feet. To conform to the city's regulations will require us to reduce the current dimension
of 4' x 4' to 3' 5" x 3'5", a reduction that will be invisible to even the most ardent
supporter of sign restrictions, and creating an unnecessary cost to our business.
For these reasons, we respectfully request a variance. Please call on me if I can provide
additional information.
Sine rely,
Bob Lee, Jr.
Partner
2175 NORTH STREET
BEAUMONT, TX 77701
409.839-4376
409.839-4537 FAX
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 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 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.
CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and
substantial justice will be done.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE
CONDITIONS STATED ABOVE.
Applicant's signature: Date: AJ
City of Beaumont
Variance Supplemental Application Form
Condition A: The existing sign is not unsightly, not over -sized, not a safety hazard, and
is architecturally compatible with the existing building and surrounding neighborhood.
Condition B: To conform to the ordinance will necessitate re -locating the existing sign
to a position closer to the existing building. Such proximity will, in fact, create an
unnaturally close proximity to the building thus reducing the appeal of the architecture of
the budding.
Condition C: The spirit of the ordinance is to preserve the integrity of the neighborhood
and promote revitalization. Allowing the subject sign to remain in its current position will
provide substantiation that the City of Beaumont acknowledges that certain circumstances
dictate that reasonableness and common sense encourage working relationships between
municipal government and private development.
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VILE 418-B Variance request to allow a sign 4 sq. ft. greater than & I ft. taller than the NORTH
allowed 12 sq. ft, & 6 ft. height and to encroach 7'5" into the 15' required setbach, for HC-DI Afik
(The Oaks Historic District).
Location: 2175 North St. SCA1,F
Applicant. Ann Lee & Assoc. V=200'
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Residence; Old Town Realty Company
EAST: Residences
SOUTH: Residences
WEST: Residences
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
LEGAL DESCRIPTION:
Ann Lee and Associates
Ann Lee and Associates
2175 North Street at Sixth Street
RCR (Residential Conservation and
Revitalization) District
0.344 acres, more or less
Advertising agency
"C" - Minimal flood hazard zone
SURROUNDING ZONING:
RCR (Residential Conservation and Revitalization) District
RCR
RCR
RCR
Conservation and Revitalization
The applicant in File 4t5-BA is Jack Carville,
located across the street from the subject
property.
North Street is a 60'wide right-of-way with a
27'pavement and sidewalks. Sixth Street is a
60'right-of-way with a 27'pavement.
Lots 7 and 8, Block 25, McFaddin Second
Addition