The URL can be used to link to this page

Home My WebLink About393-BADATE: January 2, 1997 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for variances to the commercial sign regulations of the UC (Urban Corridor) Overlay District, Section 30-23, to increase the area and location of an attached sign. FILE: 393-BA STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends approval of the request for the variances as proposed because the applicant has met the ordinance requirements of Section 30-37 (e) 3., specifically conditions A, B and C. The American Aluminum Distributors Company is housed in an irregular shaped metal and masonry building on a triangular shaped tract of land at 3120 M.L. King, Jr., Parkway (Port Arthur Road) and Shannon Street. This building fronts M.L.K. and the traffic is southbound. The right-of-way for the expressway was increased by 50'to 120'in width from the prior 70'. Buildings along M.L.K. in the vicinity are generally set on the front property line/right-of-way line as a result of the governmental taking. Several structures were demolished during the street construction project. That part of the building that the applicant, Bubba Ainsworth, wishes to attach his sign, is the south part of the structure. The two-story facade of the warehouse sets back about eleven (I V) feet from the north one-story section of the building. Mr. Ainsworth wants an attached v-shaped owner identification sign, double-faced, at a 45 degree angle. He would attach the sign against the two-story facade, not to rise above the top of the facade. The sign will also be anchored by metal poles to support the two 10'x 20' panels. This sign would be seen by north and south bound traffic. The sign will extend eleven (I V) out to come even with the front of the one-story section of the building (north side). The street pavement is 17'east of the front of the one-story building and about 18' east of the projection of the proposed sign, The front of the two-story facade cannot be seen by the southbound traffic until a driver has already passed the M.L.K./Shannon intersection. The speed limit on M.L,K. at this point is 45 mph. The proposed sign is not illuminated according to the information received by staff. The height of the two-story facade is 24 feet. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 14 Responses in Favor: Responses in Opposition: I I W-00- I i 0 K 0 ■1 � fow December 09, 1996 Attn: Board Of Adjustment We have come before you to request a variance to install our business sign. This sign will attach to the front of our building. Our request is that the sign would extend more than 1811 in front of our building, in fact it would extend 111 in front of our building. However the sign would not in any part extend closer to the MLK right away than our ex- isting building (as shown and illustrated in our request). The size of the sign is 101 x 201. The sign is built out of .080 heavy extruded baked enamel aluminum frame. Much like the signs built by the Texas Department of Public Safety. The panels are .030 interlocking standing seam baked enamel white aluminum. The red trim and blue letters are painted with one shot long lasting enamel (exhibit A).' Sincerely, Bubba Ainsworth 3120 S. M.LK Parkway. Beaumont, Texas 77705 A A T_ AL 0� I I top A.) This variance will not be contrary to public interest because there are no other businesses within 200ft. parallel to MLK. It is also deemed that it cannot be contrary to public interest because the building cannot be moved and the sign will no pro- ject toward MLK any further than the existing building itself. Enclosed is a letter signed by property owners within 200ft. of our facility, stating that they are aware of the location of our sigh.and agree that the Board of Adjustments issue a permit to American Aluminum to build this sign. B.) When the expansion of MLK was completed the most forward part of the east side of our building became even with our property line as many other homes and businesses did also. This left us only 17, of right away to MLK. There is a house 100ft. from our property located at the corner of MLK and Shannon. This house is owned by our landlord Herbert York. The corner of this house is even with the property line and it has a 201 right away to MLK (exhibit B) that blocks the view Of our building. A sign placed parallel with MLK cannot be safely viewed so my customers can find where we are located and make a safe entra- nce to our facility. As a result of the citys expansion this has created an increasing hardship on my business and customers. However I seek no financial consideration, I only seek to im- prove the safety of my customers and keep the traffic flowing smoothly. Therefore we propose to go above the single story part of our existing building and install a sign at a 45 degree angle so it could be viewed easily and safely. NO PART of this sign would be closer to the MLK right away than our existing build- ing is at this time. This sign would notin any way block the view cn'any other existing businesses or future businesses. It would not block the view of any State or City signs present or future. C.) Granting the variance, the spirit of the ordiance will be ob- served and substantial justice will be done. This will not create a nuisance to the neighborhood and would keep the traffic flowing safely. Sincerely, g'�/ a�' " '�z Bubba Ainsworth '"°✓✓ 393—BA: Request far a variance to the UC (Urban Corridor) Sign Regulat LOCATION: 3120 MLK Parkway APPLICANT: Bubba Ainsworth dba American Aluminum Dist. BI-V D' =� r � " O a ^� "P r� r� ar l6 rr to 6 .sa EUCLID pVE� M .."" . rr � � re r •� tolo- 4 3 " r • i� I 10 h 0 S JE T o S C-3 S'®.� • � 9 n dnCH N ° 5 s nwlN S ° CHAPIN ST. as so .50 + _d W ' Q 4 ra.si /f Z D1 q AN .so / a o z z a v 4 a /! 5° �n EAT L M r Vi ! 5TAd V4 ST so EAST ALMA ST. r'CY 5 p .. 30 ll /QO 30 .. . SO 0 NORTH A SCALE 1 M 2001 7 30 /p " ap a/ tar xt t+ r y. AST rA REA NE OL ST x ST L r x * s " r r w .'1 J EAST THREADNEEDLE ST. ll� I 1� is to x�w P y � �. q v w\ r r' I i r �/ P d ;F � ;`I' ;� r .f 1 1/ � i t s :" r S i i jf/t�X I I I 10 LL GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bubba Ainsworth, dba American Aluminum Distributors PROPERTY OWNER: Hebert York STATUS OF APPLICANT: Tenant LOCATION: 3120 S. M.L.K. Parkway LEGAL DESCRIPTION: Parts of Lots 1-3, Block 2, South End Addition, Beaumont, Jefferson County, Texas. EXISTING ZONING: LI (Light Industrial) and RS (Residential Single Family Dwelling) District FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 year) Floodway SIZE OF PROPERTY: 0.28 acres EXISTING LAND USES: Aluminum company warehouse (originally a soft drink bottling company). rrM R I, I IM Ne" NORTH: M.L.K. Parkway, vacant industrial GCMD (Gencral Conunercial-Multiple Family Dwelling) and Ll (Light Industrial) land, KCS 11R, city limits EAST: M.L.K. Pkwy., vacant industrial GC -MD and Ll land, KCS RR, city limits SOUTH: Residences (facing west) RS WEST: Residences (facing east) GC -MD and 1.1 COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL Existing warehouse has a many-sided, irregular shape. FEATURES: The tract of land is triangular in shape, STREETS: M.L.King, Jr. Parkway (Spur 380) - This major arterial street has a 120'wide right-of-way, increased from 70'. Concrete pavement is two 36' lanes, north bound and south bound. This is the former Port Arthur Road. Shannon is a 60' wide residential right - of way with an 18' pavement. GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: N/A WATER: N/A SANITARY SEWER SERVICE: N/A FIRE PROTECTION: Fire protection is provided by Station #3, Kenneth at Brockman. ADEQUACY OF SERVICE: Services are adequate. 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 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 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 Applicant's statement: A. This variance will not be contrary to public interest because there are no other businesses within 200 ft. parallel to M.L.K. It is also deemed that it cannot be contrary to public interest because the building cannot be moved and the sign will not project toward M.L.K. any further than the existing building itself. Enclosed is a letter signed by property owners within 200 ft. of our facility, stating that they are aware of the location of our sign and agree that the Board of Adjustment issue a permit to American Aluminum to build this sign. Staff response: A. The proposed sign will not project past the front of the existing building, The warehouse was constructed prior to the existing mixed zoning and was a permitted use/structure at time of original construction. Because of the right-of-way taking for M.L.K. there is no room for a detached sign oriented to the traffic on the expressway. The sign as proposed will not block the view of any other signs nearby. The variance request is not contrary to the public interest. Applicant's statement: B. When the expansion of M.L.K. was completed the most forward part of the east side of our building became even with our property line as many other homes and businesses did also. This left us only 17' of right-of-way to M.L.K. There is a house 100 ft. from our property located at the corner of M.L.K. and Shannon. This house is owned by our landlord, Hebert York. The corner of this house is even with the property line and it has a 20'right-of-way to M.L.K. (exhibit B) that blocks the view of our building. A sign placed parallel with M.L.K. cannot be safely viewed so my customers can find where we are located and make a safe entrance to our facility. As a result of the city's expansion, an increasing hardship has been created on my business and customers. However I seek no financial consideration, I only seek to improve the safety of my customers and keep the traffic flowing smoothly. Therefore, we propose to go above the single story part of our existing building and install a sign at a 45 degree angle so it could be viewed easily and safety. NO PART of this sign would be closed to the M.L,K, right-of-way than our existing building is at this time. This sign would not in any way block the view on any other existing businesses or future businesses. It would not block the view of any State of City signs present or future. Staff response: B. The ordinance (Section 30-23, UC Overlay District) allows an attached sign to not exceed 150 sq. Ft. and not to project more than 18" from the abutting wall. There is a hardship here because of the angle of the highway to the front of the triangular shaped tract and because of the existing site of the building on the property line as a result of the governmental taking. The house to the north, north of the Shannon/M.L.K. intersection, blocks the view of the part of the building the applicant wishes to use for his sign. A sign as proposed on this 45 mph expressway will be able to be seen by traffic north and south bound. The applicant rents the building and has been at this location since 1986. He wishes to pursue more retail business than wholesale and needs to have better site identification. There is no place to erect a detached sign that can be seen because of lack of useable space on the ground. Even though the angle of the double spaced sign panels will project out 11 ft., the front of the sign will lie even with the front of the north side of the building abutting M,L,K. Literal enforcement of the ordinance will result in unnecessary hardship. Applicant's statement: C. Granting the variance, the spirit of the ordinance will be observed and substantial justice will be done, This will not create a nuisance to the neighborhood and would keep the traffic flowing safely. Staff response: C. Granting the variance will provide justice to the applicant. This will not do injury to the spirit of the Urban Corridor District sign regulations because of the specific situation discussed in conditions A and B and within the body of this report. Section 1. That Chapter 30, Section 30-23 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Sec. 30.23. UC-, Urban Corridor Overlay District Regulations. (a) General Purpose and Description: The UC, Urban Corridor Overlay District, in general is intended to preserve and improve the physical environment along Martin Luther King Parkway; promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along this corridor; ensure that signage provides the essential identity of facilities along this roadway; and prevent needless clutter in appearance along this corridor. This district supplements the regulations of the underlying zoning district classifications. The Zoning Map shall reflect the designation of an Urban Corridor Overlay District by the letters "UC" as a suffix to the "underlying zoning district classifications. (b) Definitions: Unless the context clearly indicates otherwise, in this Ordinance: 1. SIGN, ATTACHED shall mean a sip which is attached to or painted on the outside face of a building. An attached sip is also erected parallel to the face of the building, supported by the building and does not extend more than eighteen (18) inches from the face of the building wall or above the roof line of the building to which the sip is affixed. /+-) -rAC14 I40JT T, I 3) All parts of the sign shall be set back at least ten (10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section precludes locating a sip in compliance with the setback regulations, the Board of Adjustment shall be authorized to grant a variance to the setback requirement. 4) The sip shall be placed in a landscaped setting of not less than 150 square feet. 5) The sip shall not have flashing lights or any type of intermittent illumination. d) One (1) attached owner -identification sip, and one (1) additional attached sip for each thoroughfare more than one (1) that abuts the property shall be permitted per establishment in the NSC, CSC, GC-MM, CM, Ll And HI district subject to the following conditions and restrictions: 1) The sign shall be attached to or painted on the outside face of the building. The attached sip shall be erected parallel to the face of the building, supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall. 3) The sip shall not exceed the height of the wall of the building to which it is attached. The sip shall not exceed 10 percent of the wall to which it is attached or 150 square feet, whichever is less. 5) The sip shall not have flashing lights or any type of intermittent illumination. 5. Exemptions: The following signs are exempted from the requirements of this section: a) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sip, projecting sip, detached sip, or roof sip, provided no increase occurs with respect to ,either the area or any such sip or the manner in which it"is structurally supported. . b) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business. c) Name plate and street address signs, less than three, (3) square feet in size. d) Non -illuminated real estate sips, temporary in nature, not exceeding more than eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one M A,.�Ac,r�KEUT ♦ *MHOWIM01 December 11, 1996 To Whom It May Concern: I understand that American Aluminum would like to put up a -secure and safe sign located in the front of their build- ing at 3120 South M.L.K Pkwy.. I am aware that this sign will be in height about 121 above the single story part of their building. By signing this form, I have given the Board of Adjust- ments the OK to give American Aluminum the permit -to erect their sign. Sincerely, t,'A n1p JI�7 .l -7770,5 3120 S. M.LK Parkway. Beaumont, Texas 77705 1-800-259-2400. 4C9-833-2400- FAX 409-833-2900 AMERICAN ALUMIIJUM 111649anmtel December 11, 1996 To Whom It May Concern: I understand that American Aluminum would like to put up a'secure and safe sign located in the front of their build- ing at 3120 South M.L.K Pkvy.. I am aware that this sign will be in height about 121 above the single story part of their building. By signing this form, I have given the Board of Adjust- ments the OK to give American Aluminum the permit to erect their sign. Sincerely, �,Jq7770...E AtTIERICAN W[UUJ Sol F-00-M December 11, 1996 To Whom It May Concern: I understand that American Aluminum would like to put up a secure and safe sign located in the front of their build- ing at 3120 South M.L.K Pkwy.. I am aware that this sign will be in height about 12, above the single story part of their building. By signing this form, I have given the Board of Adjust- ments the OK to give American Aluminum the permit to erect their sign. Sincerely, A el-Oilzt ,3 -7-7-70,5 3120 S. M.L.K. Parkway. Beaumont, Texas 77705 1-800-259-2400. 4C9-833-2400- FAX 409-833-2900 AMERICAN ALUMINUM i P = 1516491014MM 111111 December 11, 1996 To Whom It May Concern: I understand that American Aluminum would like to put up a secure and safe sign located in the front of their build- ing at 3120 South M.L.K Pkwy.. I am aware that this sign will be in height about 121 above the single story part of their building. By signing this form, I have given the Board of Adjust- ments the OK to give American Aluminum the permit to erect their sign. Sincerely, -7 • S. M.LK • Beaumont, Texas 77705 A