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HomeMy WebLinkAbout428-BADATE: September 2, 1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a special exception (Section 30-37 E. 2. (d)) for ten additional feet in height (50' vs., 40') for an advertising sign, regulated by the sign regulations of Section 30-28 (d) 2. NOTE: This item was withdrawn at the last meeting. FILE: 428-BA Maddison Dual Fuels, Inc, entered into a lease agreement with F. B. and Zohreh Shahrodi to erect a billboard at 3185 French Road, same being 3625 Eastex Freeway. The City of Beaumont issued a building permit on July 14, 1998, for a billboard, i.e. advertising sign. A billboard at this location is allowed an overall height of 40 feet above the crown of the abutting and adjacent Eastex service road. A letter (copy enclosed) from Beaumont's Building Official to the sign's owners dated May 5, 1999, advised that the advertising sign as erected exceeded the allowable height of 40 feet and requested a survey which would establish the actual height. Another letter (copy enclosed) from the City's Development Set vices Manager to the sign's owners dated June 24, 1999 requested a response to the Building Official's letter. On July 13, 1999, the Planning Division received an application for a special exception as allowed by Section 30-37 E. 2. (d): "To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or structure from view or itself be blocked from view." Since the last meeting, a field survey was done to determine the height of the billboard (copy of letter enclosed). The results of this field survey indicate the top of the billboard to be 87.31 feet above the crown of the feeder road. The applicant has the burden of proof to show that a special exception will not adversely affect the value and use of neighboring properties or be contrary to the public interest. Exhibits are attached. Notices mailed to property owners 5 - Responses in Favor -, Responses in Opposition MADDISONPUAL�FUELS! JNC. 1115SUGAR LAKES DRIVE SUGAR LAND9 TEXAS 77478 July 5, 1999 City of Beaumont Planning Division, Room 205 City Hall, 801 Main Street P. 0. Box 3827 Beaumont, Texas 77704 a Re: Special Exception Supplemental Application Form Section (d) 2 of section 30-28 (sign regulations) of the Beaumont Building Code states that the Board of Adjustment may grant a special exception for a sign not to exceed ten additional feet in height when, in its judgement, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Without the additional ten feet, the advertising sign will be blocked by an owner identification sign on the property to the north and we would be obligated to remove eight (8) large trees -,vhich have been on the property for years. The granting of this special exception will have no adverse affect on the adjacent or neighboring properties. In fact, it would add value to the neighboring properties to grant this special exception because the large trees would remain in place and continue to act as a sight and sound barrier for the residential property located to the west of our sign. This is in the public interest as the subject property is located in a commercial zone in which the Building Code allows for the placement of an advertising sign. Sincerely, ..-,, .^ .^•.{�.'-:.�?':'�:'���'.a x ;.'s �`: " ,ma's. �.x�q�,.��,�r;.T �� r ^" as.t i (00DES SECTION EXCEPTIONINDICATE WHICH SPECIAL w REQUESTED: (a;} To reconstruct, extend or enlarge a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (b.l} An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard. requirement or a rear yard exception .where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these. regulations. (b.2) A yard exception on. corner lots. (b.3) . An exception:where the existing front yard setbacks of the various,lots in the some block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (b.4) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this Chapter precludes locating, a sign in compliance with the setback regulation. (b.5) An exception from a minimum interior side yard setback requirement for owner identifications signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing.. sign, building, or outdoor display area. (b.6) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. (c.) To waive or reduce off-street parking and loading requirements when the Board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (d.) To grant an exception for ten (19) additional feet in height for an advertising sign, when in the Board's judgemen--F; tbFi00 at a lower height will block an existing sign or structure from view or itself be blocked from view. 2. SUBMIT A LETTER EXPLAINING WHY THE GRANTING OF THIS SPECIAL EXCEPTION BY THE BOARD OF ADJUSTMENT WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT OR NEIGHBORING PROPERTIES OR BE CONTRARY TO THE PUBLIC INTEREST The applicant has the burden of proof. APPLICANT'S SIGNA � Requem for a Special Exception to allow ten (10) additional feet in NORTH height for an advertising sign. A ,"cation: 3185 French Road Applicant: Maddison Dual Fuels, Inc. SCALE 1 -2001 RM R S f?MemH D-15 Al J,SUBJECT C ITY o �beauinont f A U M ON T I F X A I& May 5. 1999 Mr. Paul I Maddison Maddison Dual Fuels, Inc. 150 Gessner Road Houston, Texas 77024 Re: Advertising sign at Eastex Freeway and French Road Dear Mr. Maddison, A permit to erect an adverfmg sign at 3625 Eastex Freeway was issued to your company On July 14, 1998. The sign appears to be much higher than forty (40) feet, which is maximum height ti allowed by the Zoning ordinance ofthe City of Beaumont for advertising signs. The SPPlica On for the permit shows the sign to be forty-two (42) feet high. Please submit the proper height Of the sign, scaled by a registered land surveyor, to this Office within fifteen (15) day of receipt of this letter. The proper height, as defined by the city"S Zoning Ordinance, is the height from the crown of the access mad at Eastex Freeway. Your c00PCmti0n in this matter is greatly appreciated. Ifyou have any quesfions or concerns, please call me at 409-880-3762. Sincerely, D 7Bu&rreU,CtwBO Building Official cc: Vivian Bagwell, TXDOT - r% 'D - - 11077 Ttpnumont. Texas 177704 N�, CWi&dL=- Z 135 123 396 City of Beaumont June 24, 1999 Mr. Paul I Maddison Maddison Dual Fuels, Inc, 150 Gcss ner Road Houston, -.Texas 77024 Re. Advertising sign at Eastex Freeway,and French Road Dear Mr. Maddison: A previous notification was issued to you on May 5, 1999, in regard to an advertising sign that was permitted on July 14, 1999 and erected by your company, at 3625 Eastex Freeway, in Beaumont, Texas. Your application submitted for this sign, shows the sign to be forty-two (42) feet high. This sign appears to be much higher, and in violation of the City of Beaumont Ordinance. Please respond according, to the letter dated back on May 5, 1999. Let this serve as formal notice, that failure to comply with this request may cause legal action by the City of Beaumont. If you have any questions or concerns, my office is located at Beaumont City Hall, 801 Main, Room 215. The office phone number is 409-880-3762. Sincerely, Tomasine Womack Development Services Manager cc: Vivian BagwelhTXDOT 9 8350 Eastex Freeway Beaumont, Texas 77708 Development Services (409) 880-3762 - Fax (409) 880.3,1 10 P. Q. Box 3827 • Beaumont, Texas 77704.3827 2 5iariLucllt --OA4 2ev. I Rgig I Vnv-r";f- A UP fi*nrl fnv- er Outdoor Advertising Sign IL Permit Na. Date Issued to - 70 rra ik C*=pWW By T%e &$to) .pplication is hereby made to erect and maintain the outdoor advertising sign described below.- If this application is roved, the upplicant agrees. to abide by the ppvisions of Texas Laws and the rules and regulatio)ns established by ..AeTeicasTra'hsporWLionC;Dm-nu4ss�..pertaining to outdoor advertising and ceroies that tLe, Rroposed structure will have an overall.heightof Jeet above the average level of tie grotind adjacent to such structure and will sinthstand wind load pressure of_ pounds per square foot. Full Name of Applicant as shown on License:' "4 Mailing address: -Jy/-j' sa:j 5 --7- 1 -Street and Number city State ZipGmda Location of Sign : County CEO :r,- Highway No. t; fA Nearest City inside city limits at 8 57 rx- Site is: Jaddren), ❑ outside city limits _miles of (N.S.W) (identifiable landmark, crasmad, str-) .AP ft. from C] edge of pavement on 14,1 side of the highway JEright of way line (N.SX;W) For NEW SIGN describe below or attach sketch showing distance and direction from at least 2 easily recognized objects such as a building, an thesi r' amay or crossroad and Identify 2 adjacent commercial or industrial activities within 800 feet- . evil e- L I VA 60 4e— I Description of Sign New Sign C3 Existing Sign ace Size Type Length► ft. rl Poster Panel Height I ft. 2painted Bulletin Area 4,:7i--- sq.ft. [J Other Construction I Uithtine No. of races I [] Reflectors 0 Back to back Flood Lights ,F2�pvpr 0 Other C3 End to end, [3 None [D Stacked I I Estimated date of erection: s?], Height above grade level pf roadway from which �sign is to be viewed: �%,%et Solid sign feet above roof level Open sign feet above roof level Projecting sign -xJ1,*cet above grade ATTACH PHOTO OR SKETCH SIGN IN SPACE BELOW SHOWING ALL FACES (on original and copy) Message content or product advertised (if not shown on photo or sketch): OF AUM0143YIVIA51� 44 Beaumont ity 0 BUILDING CODES Application is'hereby made to the Building C Zr '57n4,L 4' y of the city Of Beaumont for a permit to: I / 4"L L oo A. b 4'1Y 'V 801 MAIN P.O. Box 3827 BEAUMONT, TEXAS 77704 ph. (4o9) 880-3762 Fax (409) 880-3110 )50e Street Address: C� )U Date, -7/Va -VZ-12-4 P)Xeen Legal Block T[no recoWed mnj2- or plat, metes at attached and be in conformance with provisions Of all Ordirlances Of the City of Beaumont and laws of the States of Texas, whether specified herein or not, and in accordance with Plot Plan'Which must be drawn to scale. *It must show: (1) the actual shape and dimensions of the lot to be built upon; (2) the street or ==ts 4oining the lot, (3) the exact site and location on the lot of presently existing structures, if any, and (4) the w=t size and location on the lot of the proposed structure. *This application is to be accompanied by three (3) plot plans and UAW (2) sets of contruction plans. 01,,ner of Laiid: t jvner of Building: Plans Prepared by: Architect or Engineer: Permit Applied for by Contractor- /)I L F / Z "V 61 COITMCTOR # 5010��� -'r Phone: Address: Phone: Address: Phone: Phone: Address: Phone: Address: A OV +ZA E Phone:-2 �Ayf�1-1 I LA$Ak 7� r79 (/U Foundation Of: Construction Cost, Sill Size. PermitFee: Joist Size: Flooring Of. Exterior Walls: Ceiling Joist: Rafter Size: Roof Construction: 'structure Height: Number Of Stories: Plan Checldng Fees: Double Fee: Driveway: Reinspections: + Bond Deposit Total Permit Fees: SEE REVERSE SIDE co 15-co -4� Existing uses and other structures on lot or tract' Propsed use ofstructure or land covered by this application: Number of families to occupy building (if applicable): (If two or more, complete section below) Garage & Storage.' porch & Patio; ""iga,pI_Tnf=atiQD Uving Area: I certify that the information contained in the I above application is true and correct, and hereby state that if a permit is issued, all the his duly authorized age: ,ill be cmplied,%vitIL I arm the owner of the above property Or provisions of the City Ordinances and State L-Ovs Ma Use OIL Flood Zone,C, Zoning District L� Zoning District Checked By: permit (Refused) - (issued) By-, Permit Number: Date: on Site IWec Coh&ENTS: Fittz & Shoman 1P INC August 16, 1999 MDF. Inc. 1115 Sugar Lakes Drive Sugar Land, TX 77478 Attn: Mr. Paul Madison Reference: Billboard Height at Eastex Freeway And French Road, Beaumont, Texas Dear Mr. Madison: Consulting Engineers and Land Mrveyors As you have requested, Fittz & Shipman, Inc. has performed a field survey to determine the height of the billboard at Eas,tex Freeway and French Road. The results of this field survey indicates the top of the billboard to be 87.31 feet above the crown of the feeder road. If you have any questions, or if I can be of further service in this matter, please call. Sincerely, FITTZ & SHIPMAN, INC. Walter, J. Ksiaze—�'" Registered Professional Land Surveyor 5321 Filtz & Shipman Project No. 99547.0262 440 181h Street, Suite A * Beaumont, Texas 77707 - (409) 832-7238 a fax (409) 832-7303 11110 Ell V [11016111-13-19 Esau 0 10 0 0 1 APPLICANT: Maddison Dual Fuels, Inc. P_t.nP_RRTY OWNER; F. B. and Zohreh ShahrocT RIFTIV LOCATIO : 3185 French Road/3625 Eastex Freeway PROPERTY DESCRIPTION: Being part of a 30.54 acre tract out of the A. Wms. Survey, Ab-385, Beaumont, Jefferson County, Texas, said tract being out of the former David French Homestead Tract, and shown on Tax Plat D-15, Tract 163, said tract being an "easement estate" for advertising purposes over and across a part of said tract. EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District EXISTING LAND.JUSES: Advertising sign, small frame commercial structure and brick residence. FLOOD HAZARD Z-ON : "C" - Minimal flood hazard zone S1 JRROUNDING LAND USES: SuRROUNMIG ZONIN : NORTH: Auto sales GC -MD (General Coniniercia [-Multiple Family Dwelling) District EAST: Freeway GC -MD SOUTH: Car dealership GC -MD WEST: Apartments RM-H (Residential Multiple Family Dwelling -Highest Density) District COMPREHENSIVE PLAN: Activity centers and corridors (U.S. 69, 96 and 287) OTH ER PHYSICAL FEATURES: None STRE T Eastex. Freeway (U.S. 69, 96 and 287), southbound service road of freeway; overall right-of-way is 300' at this location, Erench Road has a 60' right-of-way and an 18' pavement. There are ditches in French Road, storm sewers in the freeway. There are 8" water lines in both rights -of -way. SANITARY SEWER There is a 10" sanitary sewer in French and an SERVIC : 8"' in the freeway. Fire protection is provided by Station #4 and #8. Services are adequate.