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Home My WebLink About424-BADATE: June 3, 1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance for an owner identification sign to permit a maximum overall height of 70 feet instead of the allowed 50 feet. FILE: 424-BA STAFF REPORT Cracker Barrel Old Country Store (restaurant) has acquired a 2.6 acre tract of land out of the Schumacher Business Park Addition in the S. Stivers Survey. This site abuts Walden Road across from Petro Truck Step. The proposed 70' high identification sign is designed to attract traffic fi-orn III-10 South. The highway intersection at Walden Road is 700' west of the site of the proposed sign. The Cracker Barrel restaurant will be constructed behind and cast of Jack -in -the -Box. The applicant cites lack of visibility, elevations and high traffic speeds as reasons for a variance. The applicant has the burden of proof to demonstrate to the Board that Conditions A, B and C have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 7 Responses in Favor . Responses in Opposition DESCRIPTION OF TRACT BEING a 2.601 acre tract of land out of and a part of that certain Michael A. Phelan and Patrick H. Phelan 4.355 acre tract of land, more fully described and recorded in Clerk's File 9510138 of the Official Public Records of Jefferson County, Texas and being out of and a part of the Schumacher Business Park as recorded in Volume 15, Page 250 of the Map Records of Jefferson County, Texas. Said 2.601 acre tract is situated in the S. Stivers Survey, Abstract No. 51, Beaumont, Jefferson County, Texas and was formerly known as Tax Tract 36, Plat B-19, S. Stivers Survey, Ab-51. I R 001919 Did I DIU lky affl MAWR R KI The Board of Adjustment 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. 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 property 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. i--m- , 0 1 6 9 k7 11110 May 4,1999 Mr. Murray Duren Senior Planner City of Beaumont City Hall / Room 205 Beaumont, TX 77704-387 RE: Cracker Barrel Facility Identification Program/Sign Variance Request SITE: Beaumont, TX Dear Mr. Duren: As you know Cracker Barrel Old Country Stores is investigating a site in the northeast quadrant of the 1-d 0 & Walden Road interchange, adjacent to the Jack In The Box parcel. Cracker Barrel is requesting a sign variance to allow the freestanding pole sign height to be increased from 50" to 70'. Enclosed you will find the following items to complete our variance application packet: Completed Variance Application Revised Site Plan Revised Legal Description of Property Variance Supplemental Application Form Per our conversation this morning, the $200.00 variance application fee has already been received and will not need o be resubmitted. I plan to represent Cracker Barrel at the Board of Adjustments Meeting on June 3rd at 3:00prn in City Council Chambers. Please feel free to call with any questions. Thank you for your cooperation, Sign Identity Manager P.O. Box 787 * HARTMANN DRIVE Enclosures UHANION, TENNESSU--, 37088-0787 PHONE 615 444 5533 CRY OF 8FAUNIONT PLANNING DIMION E C E IV D MAY '1110 1999 'VARiANcE Si1PPLEA4ENTAL A EEAUA10NTr TEXAS�"CATICiN R r2 (CODES SECTION 30-37 .E.3) 711 Board ofAdjustment has the Indicate how your apower to grant variances where the following listed conditions have been, application meets each of these conditions in the space foalOwin l each The epplicArtt hgs the burden of proof to dermanstrate that a!! three +nf the c met. have been mety, conditions necessary for variance Except as odxq*sc Prohibited, the Board is ordinance when the Board finds thatof h l nclit a variance from a requirement of the Zonin ns have been .met: 8 LZQ—ri it AA: That the granting of the variance will ,not be contrary to the ubl'io in wrest, terest. ,ice. AVLI� NDITIQN *9 That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrows, sha Jo mM, 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 roust not result from the applicant or owner's own actions. set, v&L! CCfMITION C: That by granting the variance, the spirit of the ordinance will be observed and. substantial justice will be done. .S&&, 4�k2,(Ll I HEREBY ATTEST THAT, T4 THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE, _ _,.,, Applicant's Applicant's attachmeut Condition A: Granting this request will not be contrary to public interest. In fact, it will further public interest due to increased employement and further economic development of the area.. Condition B: The literal enforcement of the ordinance will result in unnecessary hardship because the Cracker Barrel property / sign will be located further from the interstate than the other properties / signs in the area (Waffle House, Cheddar's, Petro, Ramada Inn & Jack in the Box) and the 70' overall height would result in the Cracker Barrel sign being approximately the same overall height as the signs mentioned above. Also, the interstate roadway is considerably higher than the grade of the proposed site. Condition C: By granting this variance the spirit of the ordinance will be maintained because a 50' sign, allowed by code, would not be on the same horizontal plane as the other signs mentioned above. This might possibly cause confusion in the drivers mind as the are processing all the information. Cracker Barrel feels it is important for interstate travelers unfamiliar with the area to be able to notice all the major signs on at the same general height. This greatly helps reduce confusion. Request for a variance for the height of an owner I.D. sign, Location: IH-10 and Walden Road Applicant: Joe Jaynes for theCracker Barrel Old Country Store 32. • NORTH A SCALE 1 "=200' AN f/f� /4/ 1 Fx i g Alp a� i i f 1' a ff a1g ; ! ra ga ..�1 t l ir�� hip I fill i� Inc Ifs=,e grt "J ii s 3 ag1 a l! I P ..1I' 9 x � fill .teat ,t� lac • er.� 1 Country aorr,Msr. P.G. 0ox 787 • ,.,,,.,,,, M, x ,� tP'� Hartmrnn, pray, Lrprnon Yn. a17087 CnA" rAN#rL OW COUMMT &TOM IMUTAT! W AT WAOM noAn WAMONT, TOM I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Cracker Barrel Old Country Store PROPERTY OWNER: A. M. and Katherine Phelan Trust, Patrick and Mike Phelan, Trustees STATUS OF' APPLICANT: Prospective buyer LOCATION: East of IH-10 South and north of Walden Road EXISTING ZONING: C-M (Commercial Manufacturing) District PROPERTY SIZE: 2.601 acres EXISTING LAND USES: Vacant commercial tract (restaurant site) FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Theater, restaurants, service station LI (Light Industrial) District EAST: Residential RM-H SOUTH: Truck stop (Petro) LI WEST: 111-10, motel, restaurant LI and GC -MD (General Commercial -Multiple Family Dwelling) District COMPREHENSIVE, PLAN: Activity Corridor (IH-10) within an Industrial area OTHER PHYSICAL FEATURES: None STREETS: Iff-10 South - The right-of-way is approximately 450 feet wide. DRAINAGE: Surface drainage to ditches. There is a storm sewer in IH- 10. WATER: There is a 12" water line in Walden which continues around the 4.35 acre Schumacher Subdivision tract along 111-10. GENERAL INFORMATIONIPUBLIC UTILITIES continued SANITARY SEWER There is an 8" sewer in IH-10 and a 6" in SERVICE: Walden. F1RE PROTECTION: Fire protection is provided by Station #10, 3855 Washington Boulevard. ADEQUACY OF -SERVICE: Set -vices and utilities are adequate.