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Home My WebLink AboutPZ2023-427DATE: November 21 2023 TO: Board of Adjustment FROM: Elayna Luckey, Planner I SUBJECT: To consider a request for a Variance to the Urban Corridor Sign Requirements for a pole sign. FILE: PZ2023-42-7 STAFF REPORT Alain Hilaro is requesting a Variance on behalf of the property owner, Z&N Investments, LLC, to allow a 30' multi -face pole sign at 1495 Gulf Street. This property is located within the Urban Corridor Overlay District, which has more restrictive sign regulations for properties within the district than other properties within the City. Section 28.03.020(4)(C) states: "One (1) detached on -premises sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establ* ihment, located in the NSC s GC -MD., CM, L1 and HI Districts subject to the following conditions and restrictions: (i) The sign shall n o, t he greater than twenty (20) fe e t in height. The maximm um height being m eas ured from the point established by a pe rp en diculor line connecting the crown of the roadway im m edia te ly abutting the property on which the sign is to be installed with the sign "s nearest vertical support to the property line. (H) The sign shall not exceed sixty (60) square feet in area. (M) A 11 parts of the sign shall be set back at least ten (10) feet from any property line or street righ t- of-way. Where o structure existing at the effective dote of this section precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement. (iv) The sign shall be placed in o lo n dscoped setting of Trot less than one h un dre d twenty (12 0) square feet. (y) The sign n o t revolve or ro to te in any manner n o r shall it have flashing lights or any type of intermittent illuminotion, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached on -premises sign. b. The sign face may change no more than once every forty-five (45) seconds. c. Sign face shall riot include any flashing, flowing, olte rn a ting or blinking lights or animation. d. Electronic reader board signs that are port of o detached on -premises sign shall be ollowed to have multiple colors. e. As measured of the property line, the maximum light enionation from a sign shall be no greater than 0.2footcandles." A�inHi�ro�proposedsi8nmeasuresat3O inoverall height and features two SOsqjtdetached on - premises signsp|usa1OOsqjtgauoUnephcingsi@nnesuking1natota\ofZOOsq.ftinshgnarea. These measurements exceed the maximum overall sign height and square footage in sign area for a property located within the Urban Corridor Overlay District. The applicant shall have the burden of proof to dernonstratethat all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement ofthe ordinance will result inunnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. ""Unnecessary handicap"" shall mean physical hardship relating to the property itself. n. The following may also be considered when determining "Unnecessary handicap . (i)The cost ofcompliance with the zoning ordinance is greater than fifty (5O) percent ofthe appraised value of the structure as shown on the most recent certified appraisal roll; UU Compliance WouN result in a loss tothe lot on which the structure is located of at leas twenty-five (2-5) percent of the area on which development may physically occur; 0U Compliance would result in the structUre not in compliance with a requirement of another city ordinance, building code, or other requirement; (iv) Compliance would reSLIIt in the unreasonable encroachment on an adjacent property or easement; or (v) The city considers the structure to be a nonconforming structure. Asdistinguished from ahardship relating toconvenience orcaprice, and the hardship must not result from the applicant's orproperty owner's own actions; {] That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed toproperty owners _'7__ Responses in FsvorResponses in Opposition LEGAL DESCRIPTION Being Tract [\ Block 5, yNcFaddin HTS Addition, Beaumont, Jefferson County Texas,. containing 0.534 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES Z: XISTING LAND USES: E FLOOD HAZARD USES:SURROUNDING LAND Ala1nHHaho Z&N|nvesmeni l49SGulf Street L|(Light Industrial) ~0.554acres Commercial X—Area determined tobeoutside the 50]' yearflood plain NORTH: Freeway Not Applicable EAST: Commercial LI 5OUTH: Commercial U WEST: Commercial LI COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Interstate Highway 10 —Free««ayvvithva 'nghght'of- v»ayandvaryingpavementw)dth. Gulf Street — Major Arteda|'Urbanvv|tha6O`right-of- way and 40' pavement width. {IR/\UV/V3E: Curb and Gutter WATER: 22°water line onGulf Street. SERVICE:SANITARY SEWER O" sanitary sewer line on Louisiana Street. PROPE TY OWNER NOTICES SE NT WITH Ii 001 ENDAf I J SEPH TANN US MG REAL PROPERTIES LTC MCDC NALD'S CORP HARVEY SID Af DREPOT RUSSELL MG REAL PROPERTIES LTD ENDARI JOSEPH PRIM eRAMA office; 713-437-9612 Fax: 866-551-1966 SIGNA, GE - PRINTING - GRAPHICS w�worintoramams 4500 W34th St Suite B I Houston, TX 77092 October 11, 2023 To Planning & Community Development To whom it may concern; To whom It may concern; As the Sign representative for Z&N Investments LLC this letter is to formally request that a variance be granted for the project #f B P2023-7621 I understand that our project location falls under the new urban corridor sign overlay and that its guidelines require that our proposed sign be adjusted down in size, however it is my believe that this will significantly hurt our clients business as it will impact the visibility of their Gas Station Sign as well. as make it nearly impossible to compete Mth the neighboring businesses which all happen to'have a much larger sign and thus greater visibility. I would also like to mention the majority of their clientele is expected to come from the 1-10 Freeway which is why the signage size and its visibility will be detrimental to their business. For those reasons I hope you can consider granting this request. Should you have any questions I can he reached at 713-966-0 B1 4 Sincerely, Alain Hilado Print- -Rama -in, no 93L 9: a 0 F) L2 Ce) J�L 0 4 C) 0 ni K) 4b, 0 z I f-4 r. O Fr > 3 U jz " AO 6 LA j3 o CD A 0 C5 (M cm e5 it C-� --A n --4 ni cmm Ca 3: m �m cm m 1> 10, 0" € k i kA In m •o � r j 6 t *P'l 0 C, I Lri uj CYJ Z3 )> C B uj "r7 CD f m tip m 0 G m CL r-+ rD 3 cu � rn m 1> :File PZ2023-427: To consider a request for a Variance to the Urban Corridor Sign i Requirements for a pole sign. Applicant: Alain Hilario for Z&N Investments LLC Location: 1495 Gulf Street 0 100 200 nf I I I F I ee, "low L I Ll jo L 0 C: