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Home My WebLink About388-BADATE: November 7, 1996 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a special exception and a variance concerning a proposed owner identification sign. Specifically, the setback requirements of Section 30-28 (b) 1. d. for signs in a residential district (Special Exception, Section 30-37 (e) 2.), and the square footage and lighting and illumination requirements of Section 28 (b) 1. a. and c. (Variance, Section 30-37 (e) 3.). FILE: 388-BA STAFF REPORT AND PROJECT INFORMATION The Planning Director recommends approval of the special exception regarding the setback reduction requested. However, he recommends denial of the variance to increase the square foot area of the sign from 20' to 32' and denial of the use of internal illumination. The applicant has not demonstrated compliance with the conditions required for a variance. The applicant made the decision to purchase a new sign but found that the proposed location and design will not meet the sign regulations established for residential zones in 1981. Until 1981, churches could be located in any district and there were no building setback regulations for commercial or institutional structures until then. The proposed sign face is 4' x 8' or 32 sq. ft., exceeding the maximum 20 sq. ft. allowed by 12 sq. ft. The proposed setback would be 10'from the front property line on Blanchette and 6' from the exterior side property line along Houston. The sign regulation requires a 25' setback from any property line. The church also wants to use internal illumination which is not allowed. The 14' height is in compliance. Residential signs may go tip to 15'. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 18 Responses in Favor: Responses in Opposition: ANALYSIS The applicant is in compliance with two of the required conditions to qualify for a special exception regarding the 25 ft. setback regulation. The property on which the sign is to be placed is a corner lot and the church structure was constructed prior to the date of the ordinance requiring building setbacks for commercial and institutional structures. The church, established in 1875, was constructed on its present site in 1960. The ordinance was passed in 1981 for the current setbacks and for signs. The request is to allow the sign to set back 10 ft. from the front property line and 6 ft. from the corner side property line. The sign will be placed in front of the corner of the church building so that it can be seen from both Blanchette and Houston. There is a 4' wide sidewalk along each street. The grass area between the curb on Blanchette and the sidewalk is about 12' wide. The grass area along Houston is about 16' wide. The sign will be sited behind the sidewalks so the physical setback will be approximately 23' from Houston Street and approximately 19' from Blanchette. The clearance between the ground and the bottom of the sign face is 10'. The proposed sign will not obstruct the views of drivers making turns at the intersection. The conditions for special exceptions (Section 30-27 E. 2.) do not address or make provisions for increasing the square footage of regulated signs in residential areas. Nor do special exceptions provide for exceptions to the type of lighting allowed. Residential signs are required to use reflective flood light illumination only. The Board must address the request to increase the square footage from 20 square feet to 32 square feet and the use of internal illumination as a variance (Section 30- 27 E. 3.). The church has submitted letters and other information regarding the sign that they desire to purchase from the D & S Sign Company. However, they fail to justify why the increase in square footage is needed and have not explained why the use of ground mounted flood -light type illumination is not feasible. The purpose of the sign ordinance is to allow owners to identify their commercial, professional and institutional locations. The ordinance was created by the City Council also as a tool to regulate the number of signs allowed, their size and location. Prior to 1981 there were no regulations. Commercial and industrial areas are allowed more leeway but signs in residential areas are more regulated for obvious reasons. The church owns property fronting along Houston, Blanchette, Bolivar and a public right-of-way on the east side of the block. Legally, they could post four (4) signs containing 20 sq. ft. each. The applicant has not demonstrated compliance with the three conditions necessary for a variance. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: St. James United Methodist Church PROPERTY OWNER: St. James United Methodist Church LOCATION: 2485 Blanchette at Houston LEGAL DESCRIPTION: Lots 1-6, N. 1/2 Lots 7 and 8 and Lots 9 and 10, Block 6, Cartwright Addition EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) District FLOOD HAZARD ZONE: X C (Minimal) B (Moderate) A (100 year) Floodway SIZE OF PROPERTY: 1.324 acres (all of church property) EXISTING LAND USES: Church and parking lots. SURROUNDING USES: SURROUNDING ZONING: NORTH: Abandoned commercial building, RM-H (Residential Multiple Family Dwelling-l-lighest Density) District two residences, duplex FAST: Railroad right-of-way RM-H SOUTH: Church activity building, RM-1-1 parking lots, residence WEST. Vacant lots, residence RM-Fl COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: Church STREETS: Blanchette - Residential street with a 60'right-of- way and a 30' pavement (sidewalk on s. side); Houston - Residential street with a 60' right-of- way and 30' pavement (sidewalk on E. side). DRAINAGE: A 15" storm sewer in Blanchette and an 18" in Houston. GENERAL INFORMATION PUBLIC UTILITIES continued SANITARY SEWER SERVICE: There is a 54" trunk line in Blanchette and a 10" line in Houston. FIRE PROTECTION: Fire protection is provided by Station #3, Kenneth at Brockman. ADEQUACY OF SERVICE: Services and utilities are adequate. CONDITIONS OF APPROVAL FOR SPECIAL EXCEPTIONS Special Exceptions may be granted in the following situations: a) To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. b) To deviate yard requirements in the following circumstances: 1) An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. 2) A yard exception on corner lots. 3) An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. 4) An exception from the minimum front and requirements for owner identification si ns where a structure existing at the effective date of this Chapter precludes locatigg-g-sign ig compliance with the setback regulation. 5) An exception from a minimum interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area. 6) An exception from the minimum side yard setback requirement where a non -conforming building was in existence at the time of the passage of this ordinance. c) To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. In granting a Special Exception, the Board of Adjustment must make the following findings: 1) The Special Exception will not adversely affect the value and use of adjacent or neighboring property. 2) The Special Exception will not be contrary to the best public interest. SOURCE: City of Beaumont Zoning Ordinance, Section 30-37 E. 2. VARIANCE SUPPLEMENTAL APPLICATION FO BEAUMONT, TEXAS (CODES SECTION 30-37 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. (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. 7-Xi, /V be, J /,�A A', L e, 0JtQ,) a,- 0 'ye iG A 74, 'r, Co"O; 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. - 11 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: W11-/-/-W J,2-L4-� Date: O. STJAMES UNITED METHODIST CHURCH 2485 Blanchette St. Beaumont,TK 77701-6704 September 30, 1996 Planning Division, Room 210 City Hall, 801 Main Street Beaumont, TX. 77701 R O. Box 3827 77704 (409)880-3764 Dear Members of die Board of Adjustments We , the men of St. James United Methodist Church, Beaumont, request variance from code to erect a new sign for our church. we have had a year long project to replace the existing sign which is not visible from all directions at the comer at which we preside. Our church buildings are situated such that we cannot comply with the right of way requirements for our sign. We are Unable to meet the 'requirements because all of our facilities are permanent and there is no way we can move any thing without great cost that can practically, allow us to meet existing code. The sign we propose to install will in no way detract from the neighborhood, but will serve as a beacon for those interested in attending our church services. We have worked to insure that our church and the adjourning property is kept in good condition and a welcomed addition to the area. By granting the variance, we will not only meet our objective of providing this new feature for our Church, but will enhance the area. The sign will not be an eye sore or a detractor, which we believe is one of the things the ordinance protects the neighbor hood from. Sincerely, Henry ' on III President, United Methodist Men 2485 BLANCHETTE - BEAUMONT, TX.- 77701 PHONE: 8334867 0 S;r,5, dp emit be C, ro A-) 0 (A,, & 4 r/ o /dL m- P.5 I Ile Z r, R 4_1 . IL"el ei c 7L#fo oJ CA✓ 0' c1f t5 7)- eAye 10) 0 File 388-BA: A request for special exceptions and a variance for an NORTH oii ier �entification sign. •0 P Location: 2485 Blanchette at Houston Applicant: St. James United Methodist Church SCAILXE 1"1-2001 MILAM ST. do r= AO - apa 50 BLANCHETTE ST., 10 JV 1,500 FRANKLIN ST. ItA 6L ov�nzrrj' 13 lid LOCATION OF SIGN BOLIVAR ST. 14 CORLEY AVE. It 'r 01 SUBJECT 00 FOCH ST. do do so M At % W At w go 0 0 P AW, AV 00 • so 0 z P 0' - 0 & tA 0 010 a N Ir 0 oz- 4 z -C z NO rAND SUPPLY, INC, Om St. James United Methodist Church May 6, 1996 Beaumont, Texas 77705 Phone: 842-0296 Attention: Sign Council First of all let me thank you for the opportunity to enter a bid with your church. A sign Is a major purchase, and says a lot about the church and it's members. 1 can see that you have given this a lot of thought. It Is important to leave no stone unturned in order to receive everything your expecting. I hope I have answered most of your questions in the following proposal. If I have left something out or any more questions come up please feel free to call me at anytime. SIZE 48" height x 96" length x 12" thick Installed approximately 10, off the ground. ILLUMINATION All Illumination is Internal. Fluorescent 800 m.a. day light lamps installed every 12" inside sign. Ul. approved to meet all city codes and specifications. FACES Vacuumed formed pan faces made from Texan material. Pan depth is 2" and a 2.5" flange. High performance translucent vinyl applied to the second surface and then back sprayed with background color. CABINET Supporting Structure.1.5" steel tubing-weided (not tacked) at every bend. Primed and painted to prevent rust. Supporting structure wrapped in pro - finished aluminum (your choice of color). The sign will meet all specifications of the Southern Building Codes of South East Texas. CHANGEABLE LETTERS 8" Zip change letters. 150 count font. A mixture of numerals, symbols and letters. These letters come In a convenient storage box. �� ,. r✓c., _� "r3''Z. _ '>!*►£rcf>. �'2"� G'� (?ra ,n ��✓//�/^?rw c �' "",. r. �. F.F.�L.�a+�., /4.��C" - JT„�— .�-�+ Z" 0 Chamberlin • Beaumont, TX 77707 (409) 842-1546 • 1 (800) 627-7952 • Fax: (409) 842-0049 Will 1 .7--T 4) ffi tF ST Cjlqttct4 :4 m uj V � ti �q Q ��•I No J v 7,tl� Y 1:. ism D� f a ✓rrk b rr