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HomeMy WebLinkAbout412-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 Bethlehem Lutheran Church at 777 N. Fourth Street. STAFFREPORT The Bethlehem Lutheran Church has a 42 square foot brick monument sign located on the south side of the church facing North Street. The sign is situated eleven (I V) feet north of the North Street side of the church property line. The sign is about twenty-nine feet west of the Fourth Street side or east side property line. The "new" church building including the brick monument sign was dedicated 40 years ago, according to Alfred Werner, the president of the church council. In 1993, City Council created by ordinance, the Historic -Cultural Landmark Preservation Overlay District and adopted regulations to govern the area. The Oaks Historic District located north of Calder Avenue between First Street and Eleventh Street was the initial section of town chosen for the overlay designation. The ordinance, Section 30-21,2, requires that all structures and parking lots - except for main and accessory structure and fences - come into compliance with the regulation within four years. The amortization period has now expired. The original setback requirement for signs in the district was 15 feet. In March 2001, the ordinance was amended to allow detached owner identification signs to be located within 5 feet of a property line. No other changes to the ordinance were made. The I V setback off North Street regarding the monument sign is in compliance. The height (4) is in compliance. The area of the sign (42 square feet) is not in compliance with the allowed maximum of 12 square feet. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance (Section 30-37 E. 3) have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 24 Responses in Favor 11 . Responses in Opposition 0 THOMAS J. SIBLEY BOARD CERTIFIED COMMERCIAL, FARM AND RANCH & RESIDENTIAL REAL ESTATE ILAW - TEXAS BOARD or LEGAL SPECIALIZATION ALr3%Vfd Iff �Vdfflyj"At Planning Division City of Beaumont Room 205 City Halt 801 Main Street Beaumont, Texas 77701 THOMAS J. SIBLEY, P.G. ATTORNEYS AT LAW P. O. BOX 3Q45 BEAUMONT. TEXAS 77704 304 PEARL STREET FIRST FLOOR May 14,2001 Hand Delivery RE: Bethlehem Lutheran Church's request for variance Gentlemen: /1 -� - P, 0 - , tj TELEPHONE: (409) 835-0944 TELECOPIER! (409) 838-4741 Bethlehem Lutheran Church has requested a variance from the Board of Application for ifs sign, the application of which has been filed. TJS/ce Bethlehem Lutheran Church has met the filing conditions required for the variance. 1. The granting of the variance will not be a conflict to public interest. The sign in front of the church is aesthetically in conformity with the architecture of the church. The sign was built at the same time the Church Sanctuary was erected, is of the same type of material as the Church Sanctuary and has been in existence in excess of 25 years. 2. To remove the Church's sign and or to reduce its size will result in unnecessary hardship on the church due to the fhet that the sign is set far enough back from North Street so that it does not interfere with the view and is harmonious with the design of the other structures. 3. The granting of the variance to permit the sign to continue in its cut -rent location should be granted because it does not violate the spirit of the Historic Cultural Landmark Preservation Overlay District Ordinance, it has been in existence in excess of 25 years, does not interfere with view or obstruction of any intersection and is a landmark. CITY OF DEAUMONT I A �', Il,: �N I G , r,! V!, S I I MAY i j3 Very truly yours, �7 Thoma Sibley 1 -14 Y' Bethlehem Lurtheran Church 777 North Fourth Street Beaumont, Texas 77701 5 October 1998 City of Beaumont Zoning Board of Adjustment P.O. Box 3827 Beaumont, Tx. 77704 Attn: Mr Murray Dur�n Dear Mr 1)4n; As per our discussion I am enclosing requests for an exception or variance, whichever is appropriate, to preserve the name marker for Bethlehem Lutheran Church, Said marker dates back to the erection of the present church sanctuary in 1960 and is in the only position where easy recognition of the church can be read from both North and Fourth Streets. The marker is landscaped and in good taste and therefore, does not detract from the appearance of the neighborhood. Since its inception in 1927, the church, at 777 North Fourth Street, has been a historic landmark in the neighborhood and has operated in every way to maintain the character of the area. Finally, I don't believe a marker denoting a church of God can be considered contrary to the public interest or a detriment to the neighborhood. Thank you for your consideration of this matter. Yqr,y try)y Y�urs -AAfred Wemer — President, Church Council OCT VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT9 TEXAS (CODES 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. Bethlehem Lutheran Church has been a historical landmark on North and 4th Streets since its inception in 192,7. The current church building and sign have been in place for 40 years. :Having a marker denoting a church of God cannot be considered contrary to public interest. 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 hard -ship 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. Because of configuration of lot and church building the present sign position is the only area where easy recognition of church can be read from both North and 4th Streets. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. As a historical landmark Bethlehem Lutheran Church conforms to the definition of the Historic -Cultural Landmark Preservation Overlay District. The marker denoting "Bethlehem Lutheran Church" has been in place for 40 years dating to the erection in 1960 of the present sanctuary. The marker is in good taste and does not detract from the appearance of the neighborhood thus meeting the intent, if not the letter, of the ordinance which is to preserve the character of the District. CITY 017 I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQMTJ,,,MEETS THE CONDITIONS STATED ABOVE. J Applicant's signature: )ate: uto t Bethlehem Lotherwit Chinch of M10"nOnt Dedicated June 18, 1961 O i i rn P d i \•,y c Z � 8 M E-¢��� 4 cc a � 0,ME was � �a I ` yr FILE 412-BA: Request for a variance to the sign regulations of the Oaks Historic District. Property is zoned RCR (Residential Conservation Revitalization). The ordinance allows a maximum sign area of 12 square feet. The existing church monument sign contains 42 square feet. ;�,ocation: 777 North 4'h St. Applicant: Bethlehem Lutheran Church by Tom Sibley, Attorney AT L ASHLEY AVE. $0 00 do 3 0 1 r a s. is N its, F .0 0 a N to, IT 04 "1 0 8 _,0 LONG AVE. sol 0 F At JO . to I ., I or' so At sev s r# a a/00 7 4 HARRISON AVE. 50 1 1 0 HAZEL AWE. SOP... • I f0j Mr.WM.=M NORTH SCALE 111=2010' AP GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Alfred Werner PROPERTY OWNER: Bethlehem Lutheran Church STATUS OF APPLICANT: President - church council LOCATION: 777 N. Fourth Street LEGAL DESCRIPTION: Lots 1-4, E. V2of Lot 5 and Lots I I and 12, Block 27, Averill Second Addition, Beaumont, Jefferson County, Texas. EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 1.09 acres, more or less EXISTING LAND USES: Church FLOOD HAZARD ZONE: "'C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Church, residences RCR EAST: McFaddin-Ward House property RCR SOUTH: Broussard's Mortuary, parking lot RCR WEST: Residence RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: North Street - Major collector with a 60'right- of-way and a 27' pavement. DRAINAGE: 15" storm sewer in North Street. WATER: 6" water line in North. SANITARY SEWER Sanitary sewer located in the alley, Block 27, SERVICE: Averill 2 d Addition. GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Stations V, 1700 McFaddin Avenue, ADEQUACY OF SERVICE: Services are adequate.