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Home My WebLink About448-BADATE: May 3, 2001 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request to vaiy the height regulations for an owner identification sign in a GC -MD (General Commercial -Multiple Family Dwelling) District at 5580 Highway 105, cast of the Eastex Freeway. STAFF REPORT McDonald's has a new site at 5580 Highway 105, 132.8'east of U. S. Highway 69, 96 and 287 (Eastex Freeway). They propose a 70' tall owner identification sign instead of the mandated 50'maximum allowed by ordinance. The company has purchased a 185'x 216'tract consisting of 0.917 acres. The Board is authorized to grant a variance if the applicant has shown that conditions A, B and C have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 5 Responses in Favor . Responses in Opposition PROPERTY DESCRIPTION Being a 0.917 acre tract out of part of the Tax Roll Tracts 51, 52, 157-A and 53, Plat RS-1, Thomas Spear Survey, Ab-50, Beaumont, Jefferson County, Texas. McDonalft R. E, E. inc, 3000 W. Cedar Beaumont, Texas 77702 (409) 838.2002 I am writing in regards to our McDonald's restaurant under construction at Highway 105 @ Eastex Freeway. I would like to request a variance from the city sign height ordinance of fifty feet and install an identity sign that is seventy feet in height. The reasoning behind my request is because the visibility of the location and signage will be blocked from the west by the 106 overpass and bloated from the south by a large existing billboard if it limited to Nty feet, The addition of twenty feet to the sign pale would allow us to be just above the billboard and visible over the freev,ray to the west. Being that most of the traffic that approaches this Intersection on 105 comes from the west and turns south, our company feels it is critical that we have visibility above this overpass. We expect to attract few customers from sc uthbound Eastex but hope that the bulk of our business gill come from Eastex northbound traffic if we can make the public aware of our location. However, to do this our sign needs to be visible above the billboard. The sign we plan to put in place is a simple design without any print to help maintain it's appearance over time. It will identify our location with the gold arches on a thin red bar and will have a neat, clean appearance. As with all our signs, we will carry a maintenance contract with a local sign company to keep the sign and pole looking sharp, well lit, and respectable in appearance. Awareness of our location is a very key issue to the success of our business and it is of utmost importance in helping us serve the public. We appreciate your consideration of our request, Sincerely, Andy Smith Operations Director R,E.E. Inca' McDonald's LICENSEE of McDONALUS SYSTEM, INC.. VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, 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 othen%ise 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. b�- T"\'5 VA1K11\NLF_, IIAE ?UbLIL WILL 5E &ETT'-Y, JNF-bV\KEb J\Nl OMEL-TEt) TO A W ITIk Lf-_S'S CONFUtStbM NK1) WE LAM EA51U 5L U5EI) AS A CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narro\%mess, 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. ,-nkE ?IV1SkC1\L Lkybu_rt AM�) V05111DW OF 71AE H&HUY W�-,S MOT f\LLDW V15i5i[_ITY bF A - SO' lbfikTIFYIM& CakbN bVF_ TO ITS K611MON -To TI1E 1AI(aum 10; omvk6 041) 1\ MEJW\bULLMARI) lb-TRL S60". TIJIS WILL GK-kTU KUI LL ?OBUL 4WkREMESS AMI) ttA?0L!S[-, MkUkA5ES WMCIA IALLV 10 bkvrl of CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. TIRE IM—MlIFNIM(a S16N WE, WILL K 051VAla Is fN STRENK-UMED Kf-bb0LDS LWO WIT1100 ?V\IMT WMCI� bOES UT `C,LLkTTtV H&tC \IIEW [k,&T"F_N FAISS, IT WILL 15L WELL MkIM11kNEC) lk5 TO LDOV, LLF-Ak, CLEAN AND 5PERV, WELL OT, DUR LbMt3At4\i A'S WELL M, 00, CAIN W"tLL SlILL, NOTIHIM(a IIAL PVbLIC 8�- 00k. LCLAT IDM. I HEREBY ATTEST THAT, TO THE BEST OF My KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: / 4L,.� Date: 4 lolol t�,Z_4011 L __L _ INKELIK OF 0VE(MTk6NS MARCUS _..... _-C'ASi1JEL WE t - '... � - r,, ley+. � �. �-,' • . - + f EL EN � 1 1 ��Jii+ w i A i+M •. i;... jf .4,7 �y i 7" N• DO ti� S '• f' � r i^• �, Syr: ]j�. i - + - A comsTdC comstoCK - sS.. ro.° it ...."' •"f„i.^. • w 77 :. .. '/yam', x 1 8 �' � ° J } , ` + � � F �• +. � i k ' • i N �• A 4: 5 L dry >''� f' GOB R c_q 7: 0..-- 10 20 9 0 R2 0' 100 .w. a " .a .Q► 30.0" 9»Z' -► vnl. 4. fi10Q' ft I� t. 5 w N 5' O 0.S" 34 it 1e.0' 24.0" t0A' w + M — OQ � 13 97 LL ' 4 3 1V �y ♦b. 5 r, Or 6 E ' 5 o +! " !! , y 2 R2.0 rd-O r pxc4 SS ESMT No 20000491 c.fr M. a. AS Iy'l�P�CI,SEa 9 c�JIG, �,I _ - .W of IY Iwo .c lCk SOALIr n� �. "" .... ASP . T p"NVINL# N " COUCRETE'..PAVIING . OR .TO. USE EXMEliiE �A Cp9MON RIGWHEN WORKING OF WAY. COPIIRACTOI7 TO' FIELD VERIFY OEM .ANO LOCATION OF EMSnNG UTILITIES . PRIOR TO CONSTRUCTION. %14/ lag / 0 1,-,' FILE 448-BA: Request for a variance to the sign reguintions for an owner I.D. sign of NORTH 70' in height instead of the allowed maximum height of 50' in the GC -MD (General Commercial - Multiple Family Dwelling} district. A Location: RS-1, Thomas Spear Survey, 5580 Hwy. 105, 132.8' east of Eastex SCALE Applicant: McDonald's Restaurant 111=200, X V. "-, FAR LNI # 4 r) a A GC M fee sr rr Nwr. 105 _14 STATE HWY. 105 sy 30 sca r J E CT. Viva Ar AV so df ro 31 ft p\� GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: McDonald's PROPERTY OWNER: Brian Ellis/R, E, E., Inc. STATUS OF APPLICANT: Prospective buyer LOCATION: 5580 State Highway 105 EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.917 acres EXISTING LAND USES Commercial building site FLOOD HAZARD ZONE: "'C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Future shopping center GC -MD EAST: Motorcycle shop GC -MD SOUTH: Eastex Freeway (U. S. Highways 69, 96 and 287), GC -MD church WEST: Commercial building site, freeway GC -MD COMPREHENSIVE PLAN: Regional Center OTHER PHYSICAL FEATLTRES: None STREETS: St. Highway 105 - is a major arterial with a I 00'wide right-of-way. DRAINAGE: Open ditches and culverts. WATER: 6" in the right-of-way. SANITARY SEWER There isa8" sanitary sewer in the right-of-way. SERVICE: FIRE PROTECTION: Fire protection is provided by Station #8, Hwy. 105 at Lamp an, ADEQUACY OF SERVICE: Services are adequate.