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Home My WebLink About391-BADATE: December 5, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a variance of the setback requirement from 25 feet to 0 feet and a variance of the size requirement from 20 sq. ft. to 94+/- sq. ft. for an owner identification sign. FILE: 391-BA STAFF REPORT The Planning Director recommends approval of this request. The applicant has requested that two variances be granted for an owner identification sign: 1. Setback variance from 25 feet to 0 feet. 2. Size variance from 20 sq. ft. to 94+/- sq. ft. Collier Park Retirement Community was recently completed on a 5.813 acre tract located at 4650 Collier Rd. It is the desire of the owner, ARV Assisted Living, Inc., to construct a monument sign at the front of the property. This approximately 94 sq. ft. sign would sit perpendicular to the front property line. The approximately 7 foot height is in compliance. Residential signs may go up to 15 feet. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 40 Responses in Favor: Responses in Opposition: REQUIREMENTS MENTS 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): The proposed sign will compliment the overall development and create a very positive impact on the area. In fact, it will blend in well with the colonial architecture of the building and the surrounding natural landscaping. It will also allow our elderly residents and their visitors to better identify the facility whether day or night. Condition A - (Staff response): The sign, due to its location or size, will not affect visibility. It will not in anyway be contrary to the public interest. Condition B - (Applicant's statement): Literal enforcement of the ordinance would significantly reduce the visibility of the sign. There are many existing trees, as well as some new ones, that will have to be removed in order for the sign to be visible at its optimum capability. By placing the sign (with its current dimensions) where we have proposed, all of the trees will remain, and the sign will be highly visible from both directions on Collier Street, If we are forced to move the sign according to the ordinance, the sign would be located in the middle of the driveway (which has already been poured). This would severely diminish the value of the landscaping, and "curb appeal" of the facility. Condition B - (Staff response): Requiring the sign to be located 25 feet from the front property line would put a portion of the sign into the already constructed driveway. In addition, the proposed location of the sign would provide for the maximum visibility while not requiring the removal of any existing trees. 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 literal enforcement of the ordinance will result in unnecessary hardship. Condition C - (Applicant's statement): The proposed sign has been designed, and located, to allow for optimal visibility from both directions on Collier Street, Although larger than the ordinance allows, it will not impose any hindrances on traffic, or interfere with lines of sight since it will be put over 17 feet away from the side of the road. The proposed sign will compliment the existing and newly planted landscaping and colonial architecture of the facility, and create a very positive affect on the neighborhood. Condition Q - (Staff response): The sign will not inhibit visibility along Collier Rd. In addition, due to the width of the property (368 feet) and the location of existing landscaping, 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: Southern Assisted Living Corp. for ARV Assisted Living, Inc. PROPERTY OWNER: ARV Assisted Living, Inc, STATUS OF APPLICANT: -Owner —Prospective Buyer —Tenant X Other LOCATION: 4650 Collier Rd. LEGAL DESCRIPTION: Collier Park Subdivision EXISTING ZONING: RM-H (Residential Multiple Family -Highest Density) PROPERTY SIZE: 5.813 acres EXISTING LAND USES: Collier Park Retirement Community FLOOD HAZARD ZONE: Flood Zone "C" - Minimal SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential and Church RM-H (Residential Multiple Family -Highest Density) EAST: Vacant RM-1-1 SOUTH: Residential and Vacant RM-11 WEST: Church RM-H COMPREHENSIVE PLAN: Stable Area GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: None STREETS: Collier Rd. is a residential street with a 60' right of way with a 12 pavement width. DRAINAGE: Storm sewers and open ditch drainage exist in Collier Rd. WATER: There is a 6" water line in Collier Rd. SANITARY SEWER: There is an 8" sanitary sewer line in Collier Rd. FIRE PROTECTION: Fire protection is provided by Station #8, 6297 Hwy. 105. ADEQUACY OF SERVICE: Services and utilities are adequate. VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (Supplement to application filed 11/19/96) RE: Collier Park Monument Sign location CONDITION A: That the granting of the variance will not be contrary to the public interest. The proposed sign will compliment the overall development and create a very positive impact on the area. In fact, it will blend in well with the colonial architecture of the building, and the surrounding natural landscaping. It will also allow our elderly residents and their visitors to better identify the facility whether day or night. 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 ofProperty 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 resultftoyn the applicant or owner's own actions. Literal enforcement of the ordinance would significantly reduce the visibility of the sign. There are many existing trees, as well as some new ones, that will have to be removed in order for the sign to be visible at its optimum capability. By placing the sign (with its current dimensions) where we have proposed, all of the trees will remain, and the sign will be highly visible from both directions on Collier Street. If we are forced to move the sign according to the ordinance, the sign would be located in the middle of the driveway (which has already been poured). This would severely diminish the value of the landscaping, and "curb appeal" of the facility. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The proposed sign has been designed, and located, to allow for optimal visibility from both directions on Collier Street. Although larger than the ordinance allows, it will not impose any hindrances on traffic, or interfere with lines of sight since it will be put over 17 feet away from the side of the road. The proposed sign will compliment the existing and newly planted landscaping and colonial architecture of the facility, and create a very positive affect on the neighborhood. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: IZZ-19 6 Date: II 7-v AeV 9-9s/57z*> 41v11-6, rove, - &wltt-re. LWGJ M M 0 LOUN A"V RETIREMENT COM "A Place Where Home & C0117.1nunity Come 7bgether" November 18,1996 Mr. Steve Richardson City of Beaumont Planning and Zoning Department P.O. Box 3827 Beaumont, Texas 77704 Dear Mr. Richardson: r-' Please accept the enclosed variance application for our entry monument sign located a #) 0 Collier Street. We respectfully submit the following provisions for your review: ( 1. Maximum allowable size 2. Set back requirement Thank you for your consideration of this request. Please feel free to call if we may provide further information or be of assistance in any way. We look forward to hearing from you on your decision. Sincerely yours, Collier Park Retirement Community Becky Ames Administrator 4650 Collier Street * Beaumont, TX 77706 * (409) 899-4800 9 (409) 899-3030 Fax FILE 391-BA: Request for a variance to the residential sign regulations to allow an owner identification sign on a tract of land zoned RM-H (Residential NORTH to Multiple Family Dwelling -Highest Density). LOCATION: 4650 Collier Rd. APPLICANT: Global Construction Company, L.L.C. 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