Loading...
HomeMy WebLinkAbout441-BADATE: August 3, 2000 TO: Board of Adjustment FROM: Planning Division SUBJECT: Consider a variance to the sign regulations of Sec.30-28 C.3 for an owner identification sign in the GC -MD (General Commercial - Multiple Family Dwelling) district. FILE: 441-BA STAFF REPORT Mr. Milton Prewitt, owner of the J. M. Prewitt Company, a commercial and industrial real estate service has acquired the former Steak and Eggs building at 750 North Eleventh Street at Hazel Avenue, He has established his office in that location after extensive remodeling of the commercial structure. He is requesting permission to erect a monument type identification sign set three feet back or east of his west property line on Eleventh Street. The street curb is approximately 10 feet west of the property/right-of-way line. Orientation of the sign will be north and south for Eleventh Street traffic. The proposed sign is 48" x 78" x 12"' with a rock base. The regulations for identification signs in the GC -MD district allow signs up to 50 feet in height but set back a minimum of 10 feet from"•, any property line. The applicant has the burden of proof to demonstrate that all three conditions (A, B and C) have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 14 Responses in Favor Responses in Opposition: July 11, 2000 Mr. Murray Duren City of Beaumont 801 Main Street, 2 nd Floor Beaumont, Texas 77701 Dear Mr. Duren: I am writing to request that the Board of Adjustment consider this request to grant a variance to the City of Beaumont's Sign ordinance as it relates to the property at 750 North Eleventh Street. It is my understanding that the City of*Beaumont's Sign Ordinance indicates that a sign must be ten (10) Meet from the property line. My request is that a two-sided monument sign approximately 78" wide by 48" high by 12" thick positioned perpendicular to Eleventh Street be allowed at three (3) feet from the property line (which is approximately ten feet from the back of the curb) with consideration being given to the following: The improvements on the property were remodeled in January, 2000, and the former pylon sign which extended more than twenty (20) feet into the air was situated on a concrete base (which remains) at approximately 3.75 feet from the property line. 2) The west property line is adjacent to Eleventh Street which is an eighty (80) foot R.O.W.; however, the property line is approximately ten (10) feet from the back of the curb on the east side of Eleventh Street. Eleventh Street is a four lane street with a continuous left turn lane. 3) The proposed sign is a monument sign with a rock base to match the wainscoat of the office building. The sign panels will be galvanized aluminum to match the roof of the office building. The copy will be back vinyl letters. This sign will compliment the office building, provide identity for the tenant's in the office building as well as provide an address for the tenant's clients. Thank you for your consideration to this request. I look forward to a favorable response. Please do not hesitate to call if you should have any questions or require additional information. Sincerely, J.M. RE M J.M. COh PANY OA & Prewitt. I( J. Milo Prewitt, IOR SIGN VARIANCE-01 070500 Post Office Box 528 Beaumont, Texas 77704-0528 (409) 892-3000 (409) 892-3044 Fax 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. 'WE A r 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 a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. eE 4774 I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: lwy ff ffDate: 1• .0- 0 0 VARIANCE, SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS CONDITION A As stated in Section 30.3, the purpose of the zoning regulations and districts are made for the purpose of promoting the health, safety, morals, and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. The granting of a variance to the sign ordinance for the property at 750 North Eleventh Street will not interfere with the health, safety, morals, and general welfare of the community, nor will it be detrimental to places of historical and cultural importance and significance. If the variance is not granted and the ordinance is followed, the proposed sign would be less than two (2) feet from the covered walkway of the office building, and the view of the sign would be blocked by vehicles parked in front of the building. This would create problems for traffic on Eleventh Street attempting to locate the building while traveling down Eleventh Street. CONDITION B The literal enforcement of the ordinance will result in an unnecessary hardship because of the exceptional shallowness of the property at 750 North Eleventh Street in Beaumont, Texas. Section 30-25(b) states that the minimum lot depth for a property within the GC-IM District should be 100 feet; however, because the property was developed prior to the adoption of Ordinance 81-17, the lot depth is less than fifty-eight (58) feet. This makes it next to impossible to have an improvement on the property and to meet the setbacks for a detached owner identification sign. This unnecessary hardship is a physical hardship relating to the property itself, and does not result from any actions of the applicant. CONDITION C By granting the variance to the sign ordinance for the property at 750 North Eleventh Street in Beaumont, Texas, the spirit of the ordinance will be observed and substantial justice will be done for the following reasons: 1) the proposed sign will not exceed forty (40) square feet in area, 2) the proposed sign will not exceed fifteen (15) feet in height, 3) the proposed is a monument sign which is much more aesthetically pleasing than that of a pylon sign, SIGN VARIMCE-02 071100 Variance Supplemental Application Form - Beaumont, Texas Page 2 of 2 4) the proposed sign will not be illuminated, 5) - the proposed sip will not be closer to the back of the curb of Eleventh Street than the poles of four of the six pylon sips located at the Gaylynn Shopping Center which is located directly across Eleventh Street fi-om this property, 6) the proposed sign is not any closer to the back of the curb on Eleventh Street than the following signs: a) Endoscopy Center of Southeast Texas at 950 North Eleventh Street - base of monument sign is 2 V from the back of the curb of Eleventh Street --- This property is significantly deeper than the property at 750 North Eleventh Street as well as the properties described below. b) Men's Discount Shop at 1020 North Eleventh Street - base of sign 12' ftom back of curb, of eleventh Street. c) Trader Bill's Used Car Lot at 1060 North Eleventh Street - base of monument sign is I V from back of curb of Eleventh Street. d) Funchess, Mills& White, CPA at 1150 North Eleventh Street -base of monument sign is 12' from back of curb of Eleventh Street. Substantial justice will be done as there was an existing pylon sign prior to the redevelopment of the property at 750 North Eleventh Street, and a sign panel could have been replaced or the sign could have been reconstructed simply by obtaining a sign permit; however, J.M. Prewitt Company removed the pylon sign because it was not representative of the quality of the re- developed property. SIGN VARIANCE-02 071100 j Li—j ',6 TT 63 - A ew-D ZOP- EMA41-BA : Request for a variance to allow a sign three ft. (T) from the property NORTH line instead of the required ten ft. (10') in an area zoned GC -MD (General Commercial - Multiple Family Dwelling). �& Location: 750 North Eleventh St. SCALE Applicant: J. Milton Prewitt 111=200'' Ally .4 is le It" 1�y ASHLEY AVE- • 7, w. LLB N 7/ /* ff 7 laj LONG AVE. at Is M 'is rr V t 0 r a Y5 4 'j Z IS 4- 7Z Z/ ave -.9 14 tf if 27 eI ev :502 4� 1 5745 F" 00 12 ,;Poo HARRISON AVE. a SmtITN I WE 0 J 0 Met& ARC NORr-Y Z JAfj JV M rJ /x If AP 9 I jP 0 S 4 1 1 1 11 At IS 10 81 02 er 14 4" to R? JS -to Son HAZEL AVE. rr .Is Is It io V 0 P 6 S 4 y Z I 'Rig f?- At N 20 &1 to is ew to to sr j** rP $0� t, HAZEL AVENUE (CALEDr COWARD AVENUE per PlAr) CALL 57.60' (6W ROW) FND S89'54'1 TE 57.90' CALL 50.00' FND "Yr IN C ENO 589'53'53'E 49.a4, CONC. *X" ENO 0.2' INTO ADJOINING DRIVEWAY 1,1 Iq 0 LOT 15 BLOCK 53 E-t • C) 6 PARKING *r F, ,]1- 1 .2& LOT 14 CD LOT 13 L0 MLLARO LAD a. c�c1LLI C3 10 40 P 0 0 SIGN FRAME BUILDING E ON SLAB z C) z 1. F 'z I �ELEC. 1! 1 32ff UE7 PARKING ---w- MLLARO CLULN-OUT-1--11" CONC, PAD AIC TYP. a — — — — — — — -- — APPARENT 10' ---EWE of PA'VTU09 UTILITY EASEMENT END 112- I'NO 518' AND N89*55'01"W 57.80' WEL AVENUE L ROV 1- ROO , CALL 57,60' BEAUMONT, TEXAS 77702 LOT 16 LOT 17 Lot Number Fifteen (15), in Block Number Fifly-three TO THE OWNERS OF THE PREMISES SURVEYED (53), f AWRILL ADDITION, to 1heaCify of Beaumont, AS OF THE DATE or THE SURVEY: Jefferson County, Texas according to the map or plot as recorded in 1. jGUY_A.St0kECIPHCf_?Jr., DO HERESY CERTIFY THAT THIS SURVEY WAS T141S DAY Volume F, Pages 131-132 of the MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Unp Records of Jefferson County, HEREON AND 15 CORRECT. I FIND NO DISCREPANCIES, SHORTAGES IN AREA, Texas, save and except (hot portion ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF conveyed to the State of Texas by deed THE GROUND, EXCEPT AS SHOWN HEREON, Ad RECORDED EASEMENTS 51 AND recorded in Volume 437, Page 517, tOILD PER JUEFERSON COUNTY RILE COMPANY G.F. Na 992245 Deed Records of Jefferson County, Texas. OF DATE SURVEYED: DECEMBER JO, )999 Owner: J. Millon Prewill, Trustee /q Census., II I GUY A. STONECIPIIER 1 1, accordance with the Flood Hazard Boundary Map, Department of Housing and Z—J,-�REGISTCRED Urbon Development. Community No.;485457 Panel No,; 0035 8 GUY 'CIPHER, REGISTERED NAL LAND SURVEYOR No. 1779 Date of FIRM. 12-4-84 A SURVEYOR for MARK W, WHITELEY & ASSOC, Inc, This property ties in Zone 'C', Location on map determined by scale W. WHITELEY P. 0. BOX 5492 on map. Actual field elevation not AND ASSOCIATES BEAUMONT, TEXAS M26-6492 determined. Mark W. Whiteley and INCORPMATED 409-092-0421 Associates does not worrani nor +MWMK subscribe to the accuracy or scale CONSU1,17NG ENGTHEERS, 32M FASTEX rR*Y, of said maps, SURVEYORS, SURVEYORS, AND PIANNERS REAUJJONT, TEXAS '77703 (FAX) 409-802-1346 Zone "C" does not lie in the iOo-year A11H:\DWG\ 11TIP3\99-8281KSM flood plain. FND 'X' O IN CONC. HAZEL AVENVE(CALLEa COWARD AVENUE per PLAT) CALL 57.80' (60' ROW) FND SBT54'15'E 57.90"-'! CALL 50,00' 1' IM S89'5353'E 49,84' 1a4 0111 y *'o L 0 7' 15 BLOCK 53 WPARKING --F a. 1r 3BAtLARD W Z�. I Y. SIGN C;' C) z 'n z PARKING BALLAR11 CLEAN-C 0 0 n?AM[ BUILDING ON SLAB ELEC. - - - M/ CONE. PAD IAIG PAD rl ort TYF - — — — — — — — — — — — "x" mo, 0.2* INTO AWOINING ORI"AY Lot 14 C14 C) b CD Cn M A-PPA-REMW 10' 2-4 UTILITY EASEMENT LOT 13 FND I/ - FND N89"55'01"W 57.80' ENO 518 IWFL AVENUE 1ROD CALL 57.80' 1- ROO BEAUMONr, TEXAS 77702 LOT 16 LOT 17 Let Number riffeen (15), in Block Number ritly-Ifiree (5J), of AVERILI. ADO11ION, To THE OWNERS OF THE PREMISES SURVEYED to the City of Beaumont, AS OF THE DATE OF THE SURVEY: Jefferson County, Texas according to the map or plot as recorded in J, GUY .A, STONECIPHER, Jr. 00 HEREBY CERTfVY THAT THIS SURVEY WAS THIS DAY Volume 1, Pages 131-02 of the MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Itap Records of Jefferson County. HEREON AND 15 CORRECT, I FIND NO DISCREPANCIES, SHORTAGES IN AREA, Texas, save and except that portion ENCROACHMENTS OR OVERLAPPING or impRovatfwm ON THE SURFACE OF conveyed to the Slate of Texas by deed THE GROUND, EXCEPT AS SHOWN HEREON. ALL RFCOROFO EASEMENTS 51 1 AND recorded in Volume 432, Page 5f7. NOTED PER JFfTFR90N COUNTY 17TIE COUPANY C.F. No. 992245 Deed Records of Jefferson County, Texas. OIF 1 4, � DATE SURVEYED; DECEMBER 30, 1999 A V' S 7 4- Owner, J..Milton Prewiff, Trustee * . Census. I I 'I GUY -k-STONECIPHER In ocoordonce with the 1779 Flood Hazard Boundary Afop, 0..() ct-s Department of Housing and !,%. �k Urban Development. S U 10 Community Hm.-485457 Panel No.: 0035 0 GUY . a ClPflffft. Jr. - REGISTERED P10FLISMAL LAND SURVEYOR No. 1179 Dole of FIRM. 12-4-84 A SURVEYOR for MARK W. WHITELEY & ASSOC., Inc. This properly lies in Zone *C. W. WHITELEY Location on map determined by scale P. 0, BOX 5492 AND ASSOCIATES on map. Actual field elevation not DFAUMON17, TEXAS 77726-64(12 INCORPORATED 400-004-0421 determined, Mark W. Whileley and Associates does not warrant nor +�URK ONS1.113ING KKCjNfEFt5, C "0" subscribe to the accuracy or scale SURVEYORS, AND PIANNIM9 3250 FASM FRWY. of said mops. DFAUMONT, TFXAS 77703 "C' (FAX) 409-892-1340 Zone does not lie in (lie TOO -year A A 11R-\tAVG\ TIT115\ 99-8281KSM flood plain, tv s� i GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: J. Milton Prewitt PROPERTY OWNER: J. Milton Prewitt LOCATION: 750 North Eleventh Street at Hazel Avenue LEGAL DESCRIPTION: Lot 15, Block 53, Averill Addition EXISTING ZONING: GC -MD (General Commercial - Multiple Family Dwelling) PROPERTY SIZE: 0.199 acres, more or less EXISTING LAND USES: Office building, parking lot. FLOOD HAZARD ZONE: "C" Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Retail lamp shop and antiques GC -MD (General Commercial -Multiple FamilylDwelling) EAST: Rent house GC -MD SOUTH: Law office (2-story) GC -MD WEST: Gaylynn Shopping Center site GC -MD COMPREHENSIVE PLAN: Special district (March 2000) OTHER PHYSICAL FEATURES: None STREETS: N. Eleventh Street, a major arterial with an 80'right-of way width along this segment and a 56'pavement, Hazel Avenue is a 60' wide residential right-of-way with a 30'pavement. DRAINAGE: There is a 30" storm sewer in the Eleventh Street right-of-way and an 18" storm sewer in Hazel. WATER: There is an 8" water line in Eleventh Street and a 6" line in Hazel. GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIRE PROTECTION: There is a 6" sanitary sewer in Eleventh Street and a 10" line in Hazel. Fire protection is provided by Station V, 1700 McFaddin Avenue. ADEQUACY OF SERVICE: Services are adequate