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HomeMy WebLinkAbout402-BADATE: November 6,1997 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to the size and setback requirements for a church sign proposed in a RM-H (Residential Multiple Family Dwelling -Highest Density) District at 2955 S. Major Drive. FILE: 402-BA STAFF REPORT St. John Lutheran Church, recently constructed on S. Major after issuance of a specific use permit in 1996, has applied for a variance that will allow an owner identification sign constructed of brick. The sign exceeds the 20 sq. ft. area as regulated in the residential districts. The church sign will total 150 sq, Ft. The proposed setback from the property line is one foot. The ordinance requires a setback of 25 feet. Conditions A, B and C are addressed by the applicant, Fred D. Heiner, Planning Committee Chairman for the church, and responded to by the City Planning staff. PUBLIC NOTIFICATION Notices mailed to property owners 26 . Responses in Favor . Responses in Opposition T. JOHN LUTHERAN CHURCH 2955 S. MAJOR DRIVE BEAUMONT,, TX 77706 (409) 898-3316 October 16, 1997 Planning Division City Hall, Room 210 801 Main St. Beaumont, TX 77701 Gentlemen: St. John Lutheran Church is asking for a variance of the signing codes of the City of Beaumont. We propose to build a sign 15'high, I O'wide and V 9" thick with an external lighted 5x 6'sign visible from both sides. Our property has become more shallow and this caused us to have to move our parking lot forward placing it closer to the property line in order to have enough area for future phases of development. Even though we have had to move this parking forward and incorporate the sign into the parking lot, the sign is only large enough to allow viewing from the major highway, Major Drive, and also is only marginally high enough to be read over a car that is parked in the parking lot. Placement of the sign in close proximity to the property line will also minimize the blind spot when members are parked next to the sign. Illumination is through the use of spotlights on the side in order to light up the viewing of the letters on the exterior of the sign. Very truly yours, Fred D. Heiner Planning Committee Chairman FDH/rmh VARIANCE SUPPLEMENTAL APPLICATION FO BEAUMONT, TEXAS (CODES SEMON 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 h1JJ:S"e,v-- 6t#o,c-1-,eq - 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. of IN G vQ e r- CONDMON C. That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. -4-0,c-k 6d I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEET,'s THE CONDITIONS STATED ABOVE. Applicant's signature REQUIREMENTS FOR A VARIANCE The Board of Adjustment 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 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 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 Condition A - (Applicant's statement We at St. John Lutheran Church do not think the granting of this variance will be contrary to the public opinion because the sign matches the architecture of our building and is only tall enough and large enough to allow ample viewing of the sign from highway distance. The sign will be landscaped and will be tastefully done in order to accent the appearance of our property and building location. Also, the sign is located far enough away from any driveway that it will not be a hindrance to viewing traffic when individuals are coming to or leaving the church area, Condition A - (Staff response): The proposed sign will not exceed 15' in height. The ordinance allows a maximum height of 15' in the RM-H District. The base of the brick monument type sign is 10'. The sign will not block traffic views as proposed by the church. The proposed sign will not be contrary to the public interest. Condition B - (Applicant's statement: We believe that the literal enforcement of the signing codes of the City of Beaumont would cause a hardship on us due to the widening of Major Drive. Our property has become more shallow and this caused us to have to move our parking lot forward placing it closer to the property line in order to have enough area for future phases of development. Even though we have had to move this parking forward and incorporate the sign into the parking lot, the sign is only large enough to allow viewing from the major highway, Major Drive, and also is only marginally high enough to be read over a car that is parked in the parking lot. Placement of the sign in close proximity to the property line will also minimize the blind spot when members are parked next to the sign. Illumination is through the use of spotlights on the side in order to light up the viewing of the letters on the exterior of the sign, ANALYSIS continued Condition B - (Staff response): The church was required to sell a strip of land approximately 30' wide to the State for the widening of Major Drive. The 120' wide right-of-way was extended to 150' but the additional right-of-way taken was all off the east side of the highway. Presently the 20' wide concrete pavement lies about 80' from the church tract. The state plans on beginning construction along this segment of the roadway in 1998, 1999 at the latest. The church pat -king lot lies about V from the property line after the 30' strip of land was taken for right-of-way. Setting the sign back 25'as required would place the sign in the middle of the parking lot. The sight distance of the sign from the present roadway would under the ordinance place the structure over 100' from the highway. This could cause a physical hardship relating to the property. Condition C - (Applicant's statement We at St. John Lutheran Church believe that the granting of this variance will not be contrary to the spirit of the ordinance for several reasons. First, the sign matches the architecture of our building and will be blended into our landscaping. Second, as previously mentioned, the sign does not obstruct viewing of traffic or cause hardship for any traffic conditions. Finally, the sign is a modest sign, tastefully done, and will not distract from the overall appearance of the neighborhood. Condition C - (Staff response): The proposed sign is in keeping with the architecture and scale of the church and gym buildings. Phase 11 will further develop the five acre tract. The actual bulletin board part of the sign will measure only 5'x 6'or 30 square feet. The sign is externally illuminated as required and does not exceed the height regulations of the ordinance. Major Drive is a State farm to market highway. The posted speed limit is 55 mph. The sign as proposed will be in keeping with the spirit of the ordinance. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: STATUS OF APPLICANT: LEGAL DESCRIPTION: St. John Lutheran Church Evangelical Lutheran Church of St. John Owner 2955 S. Major Drive (FM 364) Tract 20-A, , Tax Plat SP-8, C. Williams Survey, GENERAL INFORMATION/PUBLIC UTILITIES continued EXISTING ZONING: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: DD/16 ditch and woods EAST: Ditch, Willow Creek One Addn SOUTH: Willow Creek One Addn. WEST: Major Drive, residences COMPREHENSIVE PLAN: STREETS: DRAINAGE: SANITARY SEWER SERVICE: RM-H (Residential Multiple Family Dwelling - Highest Density) District 4,954 acres, less new highway right-of-way taken = 4.6 acres, more or less. Church, parking lot Flood Zone "C" - Minimal SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RM-H RS RNIIIIIII •11/ •11111111 WSTRAIlITF MI None S. Major Drive (FM 364) is a major arterial. Recently the right-of-way in this area changed from 120'to 150'. The 30'taken was from the east side of the road, an action that affected the church site. Presently the pavement is only 20' wide. Major is now being reconstructed between College Street south to Humble and Humble lies just north of the church's location. The next construction phase south of Humble should begin in 1998 and no later than 1999. Surface drainage to ditch in Major Drive right- of-way, Some drainage to the ditch lying east of the church tract, There is a 20" water line in the right-of-way in an easement. There is an 8" sanitary sewer line in Major and an 8" line running along the south side of the tract in an easement. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #6, 1155 Glendale. (Station to be moved soon.) ADEQUACY OF SERVICE: Services and utilities are adequate. a `.I oaot-,aa ■ d avae xo+ rra�_ n 1 — S IMI JINION'i'3fJ 5 � ac -eaott rrsaJ rtiusnott � " i (i'�JC 3i3) '4Ai 1 210`rt`\ aims .k a 01 n s,-„^, t\ ! y �, i{�2it1I1� Iv^t2I3IiJ(17 tdFiOf 'L5 �y L- E JSI'sat���nssr e sarna 'f J.Saur,i# `/`�.... 2i33.\3J dIIISkJ(7N 3SOdti:td-.:._:.1K �� m ..�.�, ltoaSrl lYW1IX J1FX'f 'L4t Yk z w a S z E C7 U 0 z co I � d U p Chi I>~ � w x C7UU1 �'C d" UAW w'"S p`�r w �dod as "air„En w oweGI>+ wao x`'azla.a'z vrs.. w �w w ao"twMo oco� o oovw.aaac5�4 p w 10 wa�"'0H:H�' Oo 2O Nw w�..i ",w.'�a tunFksW�Cli�McORI-VV1omWVimUU5 k, UrQ w to I., Enp+ CV �+ Ct1 .M w CV , CV M � CII M '�I w CV MeM r[a eG i`-WCA „�, M::� www 1-C Uddddddddd ddd a dd En En UU DLE, 402-BA: Request for a setback abd area variance regarding a proposed oNvner NOt 111 ' identification sign for a church in an WM-t-t District. Location: 2955 S. Nviajor Drive Applicant: St. John Lutheran Church r. ARS 10 CT 20 CHURCH 4 !PROPERTY e° 3 I w 6 � z , ,.---� Wi low Creek One 14 4 1 25 V © r i2 2b 10 1 3 RM—H I 6: J 0 is RS z � J ;7 3 I 0-% 3 i 32 111 \ r 31 1!�, :m uka.MD 3 ' All TY 1yA� oEH RD. S LINE_ C. iAM• I �1wt s i It W Willow Creek j ANU,- Country Club Estate all 23 to d f �_.__� r 31 1 r 24 233 Ij il,,•- ••, � tr A i Cs•, rt