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HomeMy WebLinkAbout463-BADATE: November 1, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 12 square foot area requirement of Chapter 3 0 -21.2 (c) 8 to allow a sign 16 square feet in area at 2350 Broadway. FILE: 463-BA STAFF REPORT Beaumont Home Health Services, Inc., the applicant, is requesting a variance to the maximum square footage requirement for an existing owner identification sign located at 2350 Broadway in the Oaks Historic District. Section 30-21.2 of the Zoning Ordinance requires that all structures and parking lots (except for main and accessory structures and fences) come into compliance with the regulations within four years. The amortization period has now expired. Dr. Ruth Constant, Administrator, states that the sign was built in 1990, before the property was in the Oaks Historic District. The sign falls within the guidelines of the RCR District. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 21 . Responses in Favor . Responses in Opposition -. Beaumont Home Health Service 2350 BromhvqY, Beaunionl, Rwas 77702-2004 (409)833-46 32, Fax (409)833-2774, Noviding Hoene 0re Since 1969 July 3, 2001 JUL 2-100L r Planning Division, Room 205 City Hall, 801 Main Street Beaumont, Texas 77704 Gentlemen: The purpose of this letter is to request a variance from the requirement in Section 30-21.2, Historic- Cultural Landmark Preservation Overlay District, by the Zoning Board of Adjustment. The restriction in question concerns the standard relating to Detached Signs. The restriction states that detached signs shall not exceed (12) square feet in, area. Our detached sign is (16) square feet and exceeds the restriction by (4) square feet. We respectfully request a variance from this standard restriction. RATIONALE 1. Tl?ebudding ii,aspiii-chasedinDeceiitbet-1979. Tliepresent sign iswbuilt iti,curie ]990. 2. The sign was originally built to enhance the property's appearance and in keeping with the general appearance in the historical district. We believe the sign is professional looking and we hy and keep it in good shape. It would be very difficult to reduce the sign due to the Agency s name being long, not to mention the cost. Any attempt to reduce the size would destroy its appearance. As stated above,, 11'eftel the sign is in keepiiigivitlithe general theme ofthe historical district. There have been no complaints in eleven years. Thank you, BE t4 ICNT H� ME HEALTH SERVICE, nt INC— Ruth Con nt, E D, S.N., C.H.C.E. Administrator 6-m Our Mission Is To Provide The Veiy Best home Health Care Possihle Joint Commission VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS •i SECTION 30-37 E.3) 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. (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. The building was purchased in December 1979. The present sign was built in June 1990. (There were damages to the sign'sfoundation and they were repaired last year.) To date, we have not received any complaints regarding the sign. 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 n hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. The sign was originally built to enhance the property's appearance and in, keeping with the general appearance in the historical district. We believe the sign isprofessional looking and we fay and keep it in good shape. It would be very difficult to reduce the sign due to the Agency's name being long, not to mention the cost. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. It is a well structured sign, professionally designed to enhance the. building. Any attempt to reduce the size would destroy its appearance. As stated above, we feel the sign is in keeping with the general theme of the historical district. There have been no complaints in eleven years. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature Date: Lot 13 1 Got 12 1 'Lot I Lot 16 Rod 4 40.8 i Itwo—et asphadrive waad .a Lot l 7 & . 8 Block 22 T asphalt drive 0 0 _ a_, 100 100. 12. lea/ Lot 19 2.0' asphaP# two-story N drive wood bldg 3� 46.8 wu,w SCALE . 1 30, Found 1" S 8W5r42" W 100.03" Fasswd 1" Iron !-'ips (S 90"00,00" W 100.00') +Von Pipe Broadway Avenue (60' R.aW.) Survey Date: Jurm 18, 2000 t Certify that this is an accurate plot of a Rodynaufor trust known as = ftedroy Avenus Beaumont.. Texas, 77702.. ,the property of. fisafth Setvfae as surveyed by nee showing all the improvements and being dal j t"n (17) and tat F3ahtson (18). Mock 22, Averill Addrtlt n Beaumont, Jefferson County, Texas, map of which Is recorded in Volume I page 131 & 132 of the Map Records of Jefferson County, Texas. There were no encroachments, d'iscreponc,"es, shortages in area, or overlap- ping of improvements except as shown hereon. 1, Mitchell Lee Brackin, do hereby certify that thir survey was mode an the ground this day and is true and correct to the best of my knowledge and ballet. This tract is located In Flood ZaC Comm'+1G �T l� p ; 9J (FIRM un12-i 84'ne No. 485�57 0020 8 "• This survey was conducted without MITCMELL LEE 9RACKIN the banefif of o Tula commitment ' plg0 ti3 fir„ 4" To ., w d ..et � 0.555I. Etta Soutlr Fourth Sbust - 8 a rriont, Tnme 77701 �iP 6 (6/ rakwhons (400) tua-&122 Far &M-8122 (Soot) Mitchell Lee Brown CodMir dr �%RI4%2bed g Registered professianot Land Survsya* hlo.. 5163 .x i fir 9-C �� N n. 5 9 1 0 I FILE 463-BA: Request for a variance to the 12 square foot area requirement of NORTH Chapter 30-21.2(c)8 to allow a sign 16 square feet in area in the Oaks Historic District. Location: 2350 Broadway A Applicant: Beaumont Home Health Services, Inc. SCALE 111=2001 MEN BROADWAY AVE. W" . ! . . - 1, I. 1 w 50 14 1 Id to I'T ty 04 -.05 er ra-fo LIBERTY AVE. 60 50 .I d9 Q It to 2 to io ZI er • tj tr LAUREL AVE. .10 60 60 ! 7,, 7 to ?I Tll 't 1-50 -501 N. 90 -foo 60 4— .7,50 14 I 18"'If J*I tj to CAL2ERI � I 59.1 M 40 to 9 1 14 IS I Ia /7 4 TSo 11 ZZ t5 to IS r 391 OR 00 AD4AY . , . - . . • 1 . i " :59 / -40 50 I 5 4 s 2 14 to ej to I I'S re LAURCL 59. 50 -4 0 1 T10 616 301 1.060 '9 as I bs 1 3 0 - I70&A+H 30 aff 10 N GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Beaumont Home Health Services, Inc. PROPERTY OWNER: Dr. Ruth Constant LOCATION: 2350 Broadway LEGAL DESCRIPTION: Lots 17 & 18, Block 22, Averill Addition EXISTING ZONING: RCR (Residential Conservation Revitalization) District PROPERTY SIZE: 0.344 acres, more or less EXISTING LAND USES: Business FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Parking lot GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Offices and apartments RCR (Residential Conservation Revitalization) District SOUTH: Residential RCR WEST: Apartments RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Broadway Stree -a 60' wide residential street with a 27' wide pavement. DRAINAGE: Existing storm sewers WATER: Existing SANITARY SEWER SERVICE: Existing FIRE PROTECTION: Fire protection is provided by Station V, 1700 McFaddin. ADEQUACY OF SERVICE: Services are adequate.