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HomeMy WebLinkAbout401-BATO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to the setback and size regulations for an owner identification sign in a RS (Residential Single Family Dwelling) District. FILE: 401-BA STAFF REPORT St, Andrew's Presbyterian Church, located at 1350 23rd St. (NEC of Gladys and 23rd), is requesting a variance to the sign regulations (Sec. 30-28(b)l). More specifically, the request is for variances to the setback requirement from 25 feet to 0 feet and to the area requirement from 20 feet to 55 feet. NOTE: At the public hearing held on September 4, 1997, the Board tabled action on the variance request until the October 2, 1997 hearing date. Attached is the following new information in addition to the original staff report: I Letter to the Board from Harland Meriam of the St. Andrews Presbyterian Church dated 9/26/97. 2. Site plan for sign received 9/26/97. 3. Sign regulations for identification signs in residential districts. 4. Copy of original site plan for sign. List of existing church signs in selected areas, PUBLIC NOTIFICATION Notices mailed to property owners 42 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract A, Block 23, Calder Place Addition as platted and filed for record in the Map Records of Jefferson County, Texas, in 1954 in Vol. 7, Page 175, said property aka Tax Tract 226 out of Tr. 48, Plat D- 16, A. Williams Survey, Abs. # 385, containing 7.926 acres of land, more or less. 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) : 1. The sign will be in the public interest because it will better inform the public passing by our properties in both directions. 2. Our proposed sign will increase the attractiveness of our properties. It is designed to use the same brick as our buildings and will be topped with a cross similar to the one on our steeple. It will be tastefully constructed and will replace the rather "tacky" temporary sign we use from time to time. (See Exhibit B for a sketch of the proposed sign and Exhibit C for a picture of our current temporary sign. 3. Because no residences front on Gladys within two or three blocks of the proposed location and because all properties next to or across the street from this location are fenced back yards, no neighbors will not be adversely affected by the proposed sign. 4. The proposed construction of the sign at our property line will not block the view in either direction for drivers exiting our property onto Gladys. Located 19.6 feet from the street, it allows clear visibility in both directions. Condition A - (Staff response): The sign will not affect visibility. It will not be contrary to the public interest. Condition B - (Applicant's statement): 1. The wooden fences at the property line along Gladys to the east of our property would block visibility of our sign from the east, if it is located 25 feet further back than our proposed location. (See Exhibit D for view of fence obstructions.) 2. The trees along our property to the West of the proposed location would block visibility from the west. This unique physical situation forces the sign to move forward in order for it to be seen. 3. For your information, we do currently have a sign. (See Exhibit C for a picture of the current sign.) It was built in the 1950's and is able to be seen only from an eastbound direction on Gladys and thus has very limited visibility. Our new sign would be located at the other end of our property, visible from both directions on Gladys Avenue, with particular attention to the westbound traffic. This addition will greatly improve communication with those who drive by. ANALYSIS continued Condition B - (Staff response): The proposed location of the sign is the only open area along Gladys. Approximately half of the Gladys frontage is heavily treed. While that area would allow for the required setback, placing the sign there would greatly inhibit the visibility of the sign. Sight distances for the open area are hindered by the aforementioned trees to the west and fences to the east. The proposed sign is a monument type. Due to the type of sign, the entire structure is considered as signage. Actual square footage of the "sign face" is 20 sq. ft. The rest of the sign is devoted to ornamental masonry construction. The church desires to construct a sign that would complement the church property. While literal enforcement of the ordinance will result in unnecessary hardship due to sight constraints, the Board might wish to consider a setback of 10 ft. This dimension would be the typical exterior side yard requirement for a building. Condition C - (Applicant's statement): 1. If the spirit of the ordinance is to provide appropriate and tasteful signage to communicate with the residents of Beaumont, this variance meets that spirit. It will allow us to construct a sign that will communicate with both westbound and eastbound drivers. 2. If the spirit of the ordinance is to insure safety, the increased visibility of our sign from a greater distance on Gladys will allow drivers more time to read and thus be less of a distraction, at the last moment as they pass by. (See Exhibits D and E for pictures showing visibility of sign from both directions at the proposed location.) 3. If the spirit of the ordinance is to allow variances for extraordinary physical situations of specific properties, then because of the visibility blocked by fences and trees in both directions, this variance would provide substantial justice to us in being able to communicate with our proposed location. 4. Our proposed sign would be very similar to the signs of Woodland Baptist, St. Stephen's Episcopal, Trinity Methodist and Calder Baptist all of which are in our neighborhood. (See Exhibit F for pictures of neighboring church signs.) Condition C - (Staff response): The sign will not inhibit visibility along Gladys. Due to the size of the property and the fact that all neighboring houses in the immediate area back onto Gladys, the size and location of the sign will not negatively affect any surrounding properties and will preserve existing trees while providing maximum visibility of the sign. The granting of these variances will allow the spirit of the ordinance to be observed and substantial justice will be done. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: St. Andrew's Presbyterian Church PROPERTY OWNER: Same LOCATION: 1350 N. 23rd R mpg �mm 0 W E I bl,-,(T5:Rj4M CWURI,:H J,J' IHIS CC` U EXHIBIT B St. Andrews Presbyterian Church August 18, 1997 DRAWING OF PROPOSED SIGN The brick foundation for our sign will match the brick used in our sanctuary. It would be topped with a cross matching the cross on our steeple. The actual sign will be 4 feet by 5 feet, 20 square feet in area, in accordance with the sign ordinance. It will be less than 15 feet tall, as per the ordinance. Notice the difference in quality and appropriateness of this proposed sign compared to the temporary sign we currently use, CAST 8R0N'ZE/ALUW(4LJM CROSS CAS I STONE CAI' MAS(,i4RY PILLAR ar-"WREWS F""ayYMM" C"Up" MESSNIE BOARO 41 'X5 SIGN COMMITT" PLAN I WEDNESDAY, APRIL 23 91'EIN-kf AN & ASSOCIATES NF-V A(-,'I`IVI*[II',z SIGN rGR C ARC11I'I'V1,C'l'S, INC. Si'. ANDPEW" 16HURCI I , j") NiOt SI(tvl at Bro-)-40 BEAUNIONT, IL EXA'S �c,(, ltws ?f—M (4403) 03J- 405 J'a— - -- 4-- 23-97 GENERAL INFORMATION/PUBLIC UTILITIES continued LEGAL DESCRIPTION: Being Tract A, Block 23, Calder Place Addition as platted and filed for record in the Map Records of Jefferson County, Texas, in 1954 in Vol. 7, Page 175, said property aka Tax Tract 226 out of Tr, 48, Plat D-16, A. Williams Survey, Abs. # 385, containing 7.926 acres of land, more or less. EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 7.926 acres EXISTING LAND USES: St. Andrew's Presbyterian Church FLOOD HAZARD ZONE: Flood Zone "C" - Minimal and Flood Zone "B" - 500 year SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) EAST: Residential RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Gladys Ave. is an arterial street with an 80' right of way with a 40'pavement width. 23rd St. is a residential street with a 60' right of way with a 26'pavement width. DRAINAGE: Storm sewers exist in Gladys and 23rd. WATER: There is a 16" water line in Gladys and a 6" water line in 23rd. SANITARY SEWER There is an 8" sanitary sewer line in Gladys SERVICE: and an 8" sanitary sewer line in 23rd. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #4, Gladys and Lucas, ADEQUACY OF SERVICE: Services and utilities are adequate. 14 FF, 0 FILE 401BA: Request to consider a variance of the City's sign regulations regarding an NORTH owner identification sip in an RS District. Location: Sip location is on the north side of the 3200 block of Gladys Ave. A Applicant: St, Andrew's Presbyterian Church SCALE LE 00" 19 37 4 URW 00, DR 14 23 18 J69 7 IT 99 14 36 4 fResrw(vo 16 0/ 4 to 100 II 1W I -ev t I . 0 1 Z3 Q 0 0 14 13 10 C1 It jr 0 ZZ, SUBJECT R rwoPt e/v D II Wx < 11 to Cl) BRENTWOOD DR. - to n 00 C14 I Is r 0 is 71 17 to V. 4 14 t2 ik 4 tx 4 3-A 114 x r tt-v Its x I IL Qv�14 it 0 9830 38, SU 4t [-A EVALON -Vo(U N 14Z I. In. ,EVALON AVE. 18 AO 14 ,),,4 V 19 ya Harland C. Merriam, Jr. Pastor September 24, 1997 Dear Sign Ordinance Commission, Thank you for your thoughtful consideration of our request to place a new sign on Gladys Street in front of our properties. We appreciated the way you are seeking to hear and balance our needs and the needs of the community in which we live. Since last month we have visited with neighbors and rethought our proposal. Our request is for a variance in both the overall size of the sign brickwork and in the setback from the property line. a, ya6anCk_jn-Size. The actual sign (the part with writing on it) will be 4 feet by 5 feet. The attractively designed brickwork foundation for the sign is larger than the ordinance's 20 square foot limitation. This larger size and the cross on top is in keeping with the other church signage. b. Variance in Distance from Property Line, We ask for permission to place the sign on the property line, so it may serve its purpose and be seen around the fence line on our neighbor's property and around the trees on our property. As your studies have concluded, the location on the property line is in keeping with the signage at other neighborhood churches. Attached, you will find a revised sketch of our proposed sign. (Attachment A) As you know, there is no issue about having two signs. Because we are located on a corner, the zoning ordinance allows St. Andrews to have two signs. The current sign, on the corner, was built to service mainly 23rd Street. It does not service Gladys coming from the Interstate to our East. This is one key reason for our requested second sign. Yes, our proposed sign includes a "changeable message" feature. We regularly alert the community to community -wide events in our church and elsewhere. We believe our proposed sign will be more beneficial to our neighborhood than our current practice of placing a portable sign and temporary banners out to communicate these events. St. Andrews wants to be a good neighbor. We know we are a church in a residential neighborhood. We recognize and respect the legitimate differences of opinion with some of our neighbors about this sign. They have been very helpful in this process and we appreciate the better communication we now have. CITY OF BEAUMONT Since Y PLANNING DIVISION R I V Ev, D fla'i-land Merriam SEP 2 6 1997 1350 North Twenty-third Street - Beaumont, Texas 77706 - 409 / 892-8611 C) ----------- t Zt ry, fi 4- Q> zk r% 01 -4- rz, CITY OF BEAUMONT PLANNING DIVISION RECEIVED SEP 26 1997 Excerpt from Chapter 30-28 Sign regulations (Zoning Ordinance) Adopted 1981 facilities, in which event, such facilities shall be approved as provided in these reaulations. (a) Fermi t requirements: No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached, or painted until a building permit has been approved by the Chief Building Inspector in accordance with the requirements of this chapter and the Southern Standard Building Code. (b) signs in Residential District: Signs shall not be permitted in residential districts except as specifically authorized in this Section. 1. One (1) detached owner -identification 'sign shall be permitted for a multiple - family - dwelling development, non- residential, or institutional building for each abutting street, subject to the following restrictions: a. The sign shall not exceed twenty (20) square feet in area; . b. The sign shall not exceed fifteen (15) feet in height; C. The sign shall not be- lighted. except by reflective flood -light type illumination; d. The sign shall of twenty-five property line; be located a minimum (25) feet from any e. The sign shall meet the wind load requirements of the Building Code. • (1) attached owner -identification • for a multiple -family dwelling development or institutional building may •' •• f lat .•. the wall of a building in the complex f or each street 100 File 401—BA as submitted for hearing held on September 4, 1997. CAST BROWEALUMINUM CRWS CA S I STONIE CAP MASONRY PILLAR MESS SIGN COMMITT". MEETING PLA14 WEDNESDAY, APRIL 23 I �t � IjII�lfiTl� o-l�� r 1 1 60ARO A4 'X5 STEIN-M AN & ASSOCIATES I\IFW A(7'1'1' v TFIL' ' SIGI� rGR ARC111TEX"'I'S, INC. Si', 'A.IIWEVS 'I�ESHYTFRIAM CHURCH J$) 11i0i S(FW1 Ot ErOW.64t BEAUMONT, TEXAS VC4�m 1cwl ?r'.02 (403) BM4ENS Typical existing church signs in general vicinity of St. Andrews Presbyterian Church in West Beaumont. St. Stephen's Episcopal Church - 4090 Delaware Zoning: RS Main Sign: Height - 13'6" Length - 9' 10" Square Footage - 133 sq. ft. Distance from property line - 10' 2 Secondary Signs: Height - 2' Length - 4' Square Footage - 8 sq. ft, each Distance from property line - I V Redeember Lutheran Church - 4330 Crow Main Sign: Height - 6' Length - 10'9" Square Footage - 65 sq, ft. Distance from property line - 8' 6" Secondary Sign: Height - 6' Length - 8' 8 Square Footage - 52 sq, ft, Distance from property line - 69" Woodland Baptist Church - 1860 W. Lucas Zoning: RS Main Sign: Height - 4' 6 Length - I V 8 Square Footage - 52 sq. ft. Distance from property line - V Trinity Methodist Church - 3430 Harrison Zoning: RS Main Sign: Height - 3' 8 Length - TV Square Footage - 27 sq. ft. Distance from property line - 4' 6