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HomeMy WebLinkAbout514-BADATE: May 6,2004 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the minimum required sign setback from 15' to V for a new sign FILE: 514-BA STAFF REPORT Fountain Woods Apartments is making major renovations to its location at 3 565 Delaware. As part of those renovations, they would like to construct a new owner identification sign along the Delaware frontage. Eileen Subinsky, as agent for Fountain Woods Apartments, states that the current sign is deteriorating. Instead of repairing the existing sign, they would prefer to erect a new sign at the same location. The property is zoned RM-H (Residential Multiple Family Dwelling -Highest Density) District. As such, the Zoning Ordinance requires a 15' setback from the property line. Ms. Subinsky states that a sign at the 15' requirement would place into the buildings. The Zoning Ordinance does state that a special exception, instead of a variance, can be granted from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of Section 30 precludes locating a sign in compliance with the setback regulation. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 56 - Responses in Favor . Responses in Opposition MICHAEL STEVENS INTERESTS pFp,NN1NG N IS 10 t4 March 29, 2004 Board of Adjustment City of Beaumont — Building Codes P.O. Box 3827 Beaumont, TX 77704 Re: Fountain Woods Apartments Dear Sirs, As the owners of Fountain Woods Apartments in Beaumont, we are requesting a permit for a new main identification sign for our property located at 3565 Delaware. We currently have a sign and would like to replace the existing sign with a new one in the same location. We have spent in excess of $300,000 over the last 6 months to renovate the community by replacing roofs and the exterior siding on the buildings. The current sign is falling apart and has become an eye sore. We could continue to repair the existing sign but would prefer to spend the funds to continue our community renovation in the proper manner. According to your new signage requirements our new sign would have to be placed inside a building's private patio — see attached map and photo. I'm sure you will agree that this is both unreasonable and ineffective. Enclosed you will find the required application to attend the next Board meeting on May 6"', our $250 processing fee, picture of existing signage, map of area and proposed replacement sign. We appreciate your consideration in this matter. Sincerely, Michael Stevens Interests, Inc. Eileen Subinsky, CPM Vice President As Agent for Fountain W F60—DaTiX—shfo—rd, S—uit—e60-1, Houston, Texas 77079 281/496-4141, rax: 181/191-21A VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 E.3) The BOW of Adjustment has the power to grant voiria=s u%tem the follMing listed conditions have bow met. Indicate him' Your application meets each of these conditions in the space follo%%ing; each condition. (The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been nwt). Except as odvn\ite pmWbited, the Dowd is emM%wed'to authorize 11 variance from a requirement of the Zoning Ordinance Mien the Board finds that all of the folkming conditions hmv been W: CQNP11IJQNA: That the granting of the V"iAnct sell not be COGUWV to the Public interest. Utb L, fc, 40 ak 6b; "dust lita-vil Oda NIMIMM ottheoxwtocowill result in tawwwary hardship because or c\=v6onal nwrtm7ws, "Inv , shapetopography cc otha exvsorawy or w=Ptional P"iw situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall nsean physical hardship relating to the PMPtItY Wwu distinguished from a hardship Mwing to convenience. financial considerations or caprice, and the hardship must not result from the appUcwA or owner's own Actions. Eqp ttmv—+ U-1 Us- (u dL� 0, K to woo 6 Pam ow-c W�J-uo-h a-C b�A wo UJ �j�- F,ONDITION, That by granting, the variance, the spirit of the ordinance will be obscirved and substantial justice will be dons. % N O�L ux ux)"d 0" �..�� b�du(� � uJD cc.,l. c� w.. P .. I HEREBY ATTEST THAT, TO THE BEST OF My KNOWLIMOR. MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Y %r ►. � . �/f/f/////f///////i I 0 Oc X m Z rn m ic m z :r 0 m a r ;a m 0 i ENTRANCE� 0) cp 0 ;a >� M ©CO m m m JD C: 0 M a m G) co G) 0 z z --4 I ig 7 ! x " a r aay� Y )r '� �dq'a '�yy�y�nwa"� r�p�l��),� yNy�w�a ,� � yr� j��y�yYfG�x'" (✓�Mfr,y1��'y},'��Y��� �"�'J Y IV � Q " Y a ° o u p K !x , � w x rr t 14 N ° � %� % ✓ � fl , � �� � �f due � «>� � � Y,M1� m � b w n y r ydy ry�1 ✓ ' r � y�f d.° "�1NPi� i/ r'� W° + tlr �w.y+i , � ,,. ♦ n d CRY e, w a � � x a ,a h"dbm „ i r ""`.. �1 . ',J r 9 .° M" *N% e �xAl r r 9 r y e F., IR I 00 0 (0) ftal 00 0>0 71 G) M 0 U) o c > c) , 0 AMA=+y=rn m cl) i;3 C/) Zm-- G) > --i z o z ;u m M -n c -0 m C) > z >— Z-T m z i G) m CO (t) ��� 0 -n m (n m r- 0 m (-) Z > o -n 0 r- > 00 ;o m m ;o > M m m o CC) 0 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Fountain Woods Apartments PROPERTY OWNER: Fountain Woods of Texas, Ltd. LOCATION: 3565 Delaware LEGAL DESCRIPTION: Lot 3, Tracts C, D, E and J, Block 3, French Addition EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) District PROPERTY SIZE: 3.527 acres, more or less EXISTING LAND USES: Apartments FLOOD HAZARD Z "X" - Areas determined to be outside 500-year floodplain SURROUNDING. LAND USES: SURROUNDING ZONING: NORTH: Commercial, residential, vacant RM-H (Residential Multiple Family Dwelling-fligliest Density) District EAST: Commercial RM-H SOUTH: Residential, school RS (Residential Single Family Dwelling) District WEST: Residential RM-11 COMPREHENSIVE PLAN: Stable area OTHER PHYSICAL FEATURES: None STREETS: Delaware Street - major arterial with a 60'right- of-way and 44'pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 811 sanitary sewer line GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station #4, Gladys at W. Lucas. ADEQUACY OF SERVICE: Services are adequate.