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HomeMy WebLinkAbout458-BADATE: July 5, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the sign regulations in the Oaks Historic District for an owner identification sign at 2580 North Street in an RCR zoning district. FILE: 458-BA STAFF REPORT The applicant, J. C. Milicb, owns the property at 2580 North Street. An existing owner identification sign (Advertising Associates) is in violation of the current historic district sign regulations in the following ways: 1) the sign is illuminated; and 2) the sign is set back from the property line 4 feet. The ordinance (30-21.2) requires a minimum setback of 5 feet. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 25 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being Lots 15 and 16, Block 42, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0,344 acres, more or less. Stephen C. Richardson, AICP Planning Division P. 0. Box 3827 Beaumont, Texas 77704-3827. Re: Placement of Building Sign Dear Mr. Richardson: As requested in the letter regarding placement of business signs, I am writing to you to request to be, exempt from having to setback the sign for a couple of different reasons. 1. Setting back the sign any more than it already is may damage the only oak tree locatedin the front yard; 2. There is underground wiring to the lights around the sign and moving the sign one foot will be cost prohibitive; and 3. 1 honestly believe the sign is in no way an obstruction and with the lovely landscaping, the sign actually enhances the esthetic value of Old Town. Thank you for your time and any questions regarding the Variance Supplemental Application form can be directed to me. Thank You, J.C. Milich Owner, Advertising Associates A 00 CIA TO VARIA14CE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The Board of Adjustment has the power to grant variances where the folloiving, 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 tnthe public interest. Pulling the sign back one foot may kill the only oak tree planted in the front of the business. 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 ph%-sical 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 ownees own actions. There is underground wiring to the lights around the sign and moving the sign one foot will be cost prohibitive. CONDITION : That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be don--. I do not believe the sign is in any way an obstruction and with the land- scaping, actually enhances the asthetic value of Old Town. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. a Applicanes 2. 2001 AX 40 46 MIX 458-BA: Request for a variance to the setback regMations for of the Oaks NORTH Historic District. Applicants existing sign does not comply with the regulated setback or illumination requirements. Property is zoned RCR (Residential Conservation SCALE Revitalization). 111=2,001 Location: 2580 North St, Applicant: J.C. Milich, Advertising Associates AL Y W . 2,000 rr lor 'es I" so I I do 11s Is :4 BPS - ark Ew. I . V - • - 5(d 13 p M # 0 r f 'S All �. Is, to 11 is too IS 1!* Ir to .702 378 10 • Rs Pf As it 0 P 0 F 0 S 4 j 0 1 Rif Ir AV to so .01 is tj .0.0 is to sr ss -89 so, -,A .37,9 .09, N It 10 # I 0 4 J & 14, /8 a AR Is it jo It Ot IS 94 IS tsr 601 LONG AVE. a Ile' 10 F 01. r 9 d 4 it 0 1 PM T� Z> I I ;M 1 .4 /a di, a Is 1V ZI to MrIVS01V Ave HARRISON AVE. 60 do it w to 0 14 to is 1jr 1s I Is V i It M .19 1,0 Is Is; HAZE4 AVZ': L V 104 As 7j�. oil 4 CYG9a - id. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: J. C. Milich PROPERTY OWNER: J. C. Milich LOCATION: 2580 North Street EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.344 acres, more or less, EXISTING LAND USES: Two -stony home and advertising business FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residence RS (Residential Single Family Dwelling) District EAST: Residence RCR SOUTH: Residence RCR WEST: Residence RCR COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL This location received a specific use permit FEATURES: for a day care center several years ago. STREETS: North Street- a major collector street. It has a 60'right-of-way and a 27'pavement. DRAINAGE: There is a 30" storm sewer in the street right- of-way. WATER: There is a 6" water line in the street. SANITARY SEWER SERVICE: There is an 8" sanitary sewer in the street. FIRE PROTECTION: Fire protection is provided by Station P, 1700 McFaddin Avenue. ADEQUACY OF SERVICE: Set -vices are adequate.