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Home My WebLink About525-BADATE: August 5, 2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the ininimurn sign setback from 10' to 5' for a new sign. FILE: 525-BA STAFF REPORT Express Mart #20 is under construction at 3980 Eastex Freeway. As part of the construction of the new convenience store, the owner would like to build an 8'4" wide x 57' tall monument type sign 5' from the property line along E. Lucas. Lynn Fazio, Retail Marketing Manager with Tri-Con. Inc., states that an additional pricing sign is needed to attract the necessary attention from the traveling public, Mr. Fazio states that the proposed monument sign would be more aesthetically pleasing. However. because of its size and visibility constraints created by the existing Home Depot sign located east of the property as well as the property's relationship to the Lucas Street intersection, a 5' setback is necessary. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval of a variance have been met. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 . Responses in Favor . Responses in Opposition -. Aft llw(ft;ON� lNt;m TR Wholesale Petroleum & Lubricant Distributors Commercial / Fleet / Marine / Industrial )-i-Con. Inc. P.O. Box 20555 Beaumont, Texas 77720-0555 Phone: 1409) 835-2237 Fax: 1409) 838-1925 W", t r July 2, 2004 Board of Adjustment City of Beaumont - Planning Division 801 Main St. Beaumont, Texas 77701 Dear Members: Tri-Con, Inc. is seeking an adjustment to the ten -foot property line setback for retail signage. We are currently constructing a retail fuel and convenience facility located at 3980 Eastex Freeway. This type of facility requires easy identification of retail signage for fuel pricing. As a corner location, signage must accommodate both north and southbound traffic on Eastex Freeway as well as east and xvestbound traffic on Lucas St. Trying to accommodate Eastex Freeway and Lucas St. traffic requires the use of an additional sign. This sign must be located on the northern point of the property to achieve its goal. With many sizes and shapes available, we feel the use of an eight -foot by four -foot monument sign would not only accommodate our marketing efforts to Lucas St. traffic, Z, but also be the most aesthetically pleasing to the community. Due to size, location, and visibility constraints created by the existina`1 Home Depot si'`!:�on, located east of the property, as well as the properties relationship to the Lucas St. intersection, a five-foot setback rather than ten is necessary for this sign to be effective. The granting of this variance would allow Tri-Con an opportunity to market it's products to Lucas St. consumers in a manner most appropriate for the community. We appreciate your consideration in this matter and remain willing to answer any and all questions required for the granting of this variance. Sincerel Fazio CQ;4� n Retail Marketing Manager Tri-Con, Inc. I . :D- M�, =:= :"- _ , " - - - . 7 - - - - - : , - � � = - - - � �� - " 1 t, . � - -_ - I Ty - - - , 7 VARIENCE,*)UPPLEMENTAL 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 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. Granting this variance will have a positive impact to public interest in that it will improve the ability of customers traveling east/NN-est on Lucas St. to identify with this new retail fuel facility. 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 I 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 hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner's own actions. Due to the geographical relationship between the property (size, depth, and configuration) and the Lucas St. Easter Freeway intersection, and the existing location of the Home Depot sign located further south on Lucas St., a literal enforcement of this ordinance will eliminate functional visibility of our sign for traffic moving west on Lucas St., thus resulting in an unnecessary hardship to our marketing efforts. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The spirit and integrity of the ordinance will be observed in that we are not asking to completely disregard the ordinance, only to reasonably modify the ordinance and provide Tri-Con with a fair opportunity to market it's products. I HEREBY ATTEST THAT, TO THE BEST OFNIY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: —j- 14 U-AA MasH EME 525-B : A request for a variance to the minimum sign setback from 10to 5' for NORTH a new sign. Location: 3980 Eastex Freeway Applicant: Express Mart #20 SCALE U- too AJW '"lam TO PROPERTY C3 V-3 13 SLEVVES (T'9 So FT OF LANDSCAPE AREA- p"yoc 3*-0* 10 UK CULAA CKSTANU OETVAMN MO E)aS-NG LA40SCAPIN G CLEAN OUT AND CUT WOWA"l 9cm TREES AS REDO. (648 jr-o' WOE ATSo. F,) TALL VOl T. W 00 FOR 1MGATPON 3.075 50, FT. OF e T IDLANDSCAPE AREA TOI / PROPERTY uNE- METAk S" poSTS V/ Top METAL OAR 3,JP- L--------------------- CyA) E)OSING CURB 175 50 "� Of LANCkAPET�IEA 'R ZqOPERTY UPt To PROpt UN j Ljow Pw WKPI SHOM) U.S. HIGHWAY 69, 96 & 287 TRUE NORTH 4 T here are no color standards on QSR ID modules, since each QSR already has its own graphic standards. However;size standards apply to both QSR's and co -development facilities, as illustrated below. Note that no combination of QSR ID modules may exceed the total area of the Texaco primary ID panel. At co -development sites where the QSR is a free-standing building (2,800 square foot minimum), the QSR ID panel may equal, but not exceed, the size of the Texaco primary ID panel. The party owning the real estate places their ID at the top of the pylon. 111�1111111111!111111111�1 ;�Ijj lii�111;1�11111 liz T i 111i 111:11111�1�111��111;11lji I See page 9 of this section for more detail on the monument -type primary identifiers. QSR monuments follow the same standards, GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Express Mail #20 PROPERTY OWNER: Tri-Con, Inc, LOCATION: 3980 Eastex Freeway LEGAL DESCRIPTION: Tract A out of Tracts 62 and 63, French Heights Addition EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.9053 acres EXISTING LAND USES: New convenience store under construction FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-1v1D (General Cornmercial4viultiple Family Dwelling) District EAST: Commercial GC-NID SOUTH: Commercial GC-NID WEST: Commercial GC -MD COMPREHENSIVE PLAN: Activity Corridor OTHER PHYSICAL FEATURES: None STREETS: Eastex Freeway - freeway with varying right- of-way widths and 4 lanes, divided; E. Lucas Drive - secondary arterial with a 70'wide right- of-way and a 55'pavement width DRAINAGE: Curb and gutter WATER: 6" and 20" water lines SANITARY SEWER SERVICE: 8" sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #2, Wilson at Ironton. ADEQUACY OF SERVICE: Services are adeqUate.