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Home My WebLink About365-BADATE: May 5, 1994 TO: Board of Adjustment FROM: Planning Division REQUESTED Consider a request for a variance from the strict ACTION: regulations of City Code Section 30-28 (c) 3., regarding the required 10 ft. setback for an owner identification sign located in a GC -MD (General Commercial Multiple -Family Dwelling District). A variance may be granted under Section 30-37 E. 3. *STAFF REPORT* Staff recommends denial of the variance because the applicant has not shown that the request is in the public interest, or that an unnecessary hardship exists because of some physical aspect relating to the property, and that by granting a variance, substantial justice will be done. Mrs. Wiggins, the owner of Beaumont Trophies, located at 2450 N. Eleventh Street, wishes to install an owner identification sign in front of her new store within four feet of the front property line. The sign ordinance requires a minimum 10 ft. setback between the front property line and the structural support of the sign. Exhibits are attached. FILE 365-BA APPLICANT: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: SIZE OF PROPERTY: EXISTING LAND USES: SURROUNDING USES: Page 2 Elizabeth D. Wiggins Michael B. Wiggins, et ux X Owner Prospective Buyer Tenant Other 2450 N. Eleventh Street Tax Tract No. 194, City Plat D-16, A. Williams Survey. GC -MD (General Commercial Multiple -Family Dwelling District) X C (Minimal) B (Moderate) A (100 Year) Floodway 0.997 acres, + Beaumont Trophies (retail) SURROUNDING ZONING: NORTH: Gift shop and child care GC -MD (General Commercial Multiple Family Dwelling District) EAST. Residential (fronting N. 10th St.) GC -MD SOUTH: Vacant building (storage) & restaurant GC -MD WEST., Retail center, motel GC -MD COMPREHENSIVE PLAN: Conservation and Revitalization. OTHER PHYSICAL Beaumont Trophies is located in a FEATURES: new structure and is a new land use on this site., FILE 365-BA GENERAL INFORMATION/'PUBLIC UTILITIES continued. Page 3 STREETS: N. Eleventh Street is a major arterial with a 120' wide street right-of-way at this location. The pavement width is 56' according to city records. DRAINAGE: Surface swales to open street ditches. WATER: N/A SANITARY SEWER N/A FIRE PROTECTION: Fire protection is provided by Station #4, Lucas at Gladys. ADEQUACY OF SERVICE: Services and utilities are adequate. 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. FILE 365-BA ANALYSIS Page 4 A. The ordinance requires that all owner identification signs located in the GC -MD districts - and also in the NSC, CSC, C-M, LI and HI districts - be setback at least 10 feet from all property lines. This rule has been in effect since 1981. This regulation was established in the public interest to prevent sight obstructions and to lessen the sign clutter existing along major commercial streets. The applicant states that her customers will have difficulty seeing her sign unless the sign is closer to the front property line. She has proposed a 4' x 8' wood sign to be mounted on the ground and not elevated on a pylon or pole. The applicant has not shown that she cannot place the sign within the 10 ft. setback as required. The ordinance allows a maximum height of 50 ft. and no restrictions on the square footage of the sign face, other than not allowing encroachment across property lines. There is also no restriction on placing a sign against the facade of the building. The applicant has not demonstrated that the sign as proposed is not contrary to the public interest. B. The applicant's property, recently purchased, has a width of 100 ft. along Eleventh Street and a depth of over 400 feet. She constructed her new 2400 sq. ft. shop 47.6 ft. behind the front property line. This building opened in 1994. Her site plan shows that at one time there was a residence on the property which was set back approximately 200 ft. from the street. Other tracts along this section of N. Eleventh fronting the east side are similar is width and depth. The applicant must show 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." The applicant has not shown that her property meets the strict definition of unnecessary hardship; therefore, compliance with Condition B. has not been established or proven. FILE 365-BA ANALYSIS,, continued Page 5 C. Granting of the requested variance would be a convenience to the applicant. This would allow her to install a sign close to the property line so that more people could possibly see the sign sooner. However, the applicant already has several other options available to her should she take advantage of them. These options -- all within the sign ordinance parameters - would allow a larger sign, a taller sign and also building signs. The applicant can place the proposed sign or other signs on her property without encroaching into the minimum 10 ft. setback area. Allowing this variance would only add one more non -conforming sign along a street with several existing non -conforming signs, thus adding to the clutter. The applicant's request does not comply with the spirit of the ordinance and has not demonstrated that genuine justice will be done by granting the variance. Condition C has not been met. RM PUBLIC NOTIFICATION Notices mailed to property owners: 14 . Responses in Favor: . Responses in Opposition: 4 File 365-BA: A request for a variance regarding the required NORTH i 1(i ft. setback. for an owner identification sign within a CC -MD zoning district. _6y Location: 2450 N. llth Street SCALE r Applicant: Elizabeth D. Wiggins DBA Beaumont Trophies 2/200 ---- k_ 'R r � w r � s w r to c� r/t ' r /.o Si Pf got is Sr.* /t Moak, .._...�.. G C T MD S'UME T e:if NO VER ST. J 12.4 � � 9 SPINDLETOP I SG'UARf M r q 1G�C) SPINDLETOP SQUARE % -r^nnr%r 6 \ ow I d I Planning Division, Room 210 City Hall, 801 Main Street Beaumont, Tx. 77704 Dear Sirs, Elizabeth Wiggins Beaumont Trophies 2450 N. Eleventh Beaumont, Tx. 77703-4602 April 15, 1994 My name is Elizabeth Wiggins. I have lived in Beaumont, Tx. for 21 years, worked at Beaumont Trophies for 19 years and owned the business for 9 years. My business had been located at 4938 Concord Rd. for 20 years. In October 1993 1 was told that I would have to move. We purchased the GULD property at 2450 N. Eleventh and built a 2400 square foot building that is my business' new home. We have followed city codes to the letter and I'm amazed by how many there are. My building completed, I was granted a certificate of occu- pancy around March 18, 1994. While talking to the building inspector about the placement of my sign I was informed the sign had to be placed 10 feet off the property line. This is where my problem lies. The pro- posed placement of my sign is only four feet off the property line and so I am applying for a variance to the sign ordinance. The, sign will be placed four feet off the property line and twenty-nine feet off Eleventh Street. As the pictures show, people leaving the property will be well past the sign enabling them to see traffic coming from the south.' The sign, would not be contrary to public interest. Also as the pictures show, if the sign is placed 10 feet off the property line, the sign is hard to see and would slow traffic trying to locate the entrance to Beaumont Trophies. Especially coming ftom the North, if'a car is parked in the parking space next to the ditch our sign would be hard to see. The landscaped area down the north property line will also make the sign hard to see once the plants begin to grow. This would cause an unnecessary hardship on my business as well as my customer trying to find my business. I think the spirit of this ordinance is to beautify Beaumont streets and to J,nake businesses responsible, for their part of this. The set of regulations given to me, page 74 number 8, states that I can have a sign less than eight square feet in size at the property line marking the entrance of my business and a main sign 10 feet off the property line. I think this would create sign pollution and detract from the beauty of my business. By granting the variance I will be able to place my sign four feet off the property line making it easily visible and visually pleasing. We have planted flowers and plan to light the sip with spot lights hidden in the flower bed. My family and I have taken a stand that we want to keep our business in Beaumont. Please grant us a variance to the sign ordinance. Sincerely, NO. slrpwN a awft 'V j A I LZ��; CAUO L;13 "C" ' 43-37PW 106'79' C, C! 91 I rl oil r,""'y No, 287) (FEOERAL