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Home My WebLink About475-BADATE: April 4,2002 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a variance to the 10' sign support setback requirement of Chapter 30-28 (c) 3 to allow an 8,5' setback at 7110 Eastex Freeway, FILE: 475-BA STAFF REPORT Dave Willis of D&S Signs is requesting a variance to the 10' sign support setback for a sign constructed at a new convenience store at 7110 Eastex Freeway. The Zoning Ordinance requires that the supports of a sign be setback 10' from any property line. The sign is set at 8.5' from the east property line. According to Mr. Willis, the sign location was improperly marked on the site and the anchor bolts were set and the sign installed before the City inspector notified him of the mistake. A sign inspection was not called for by the sign company prior to the setting of the sign foundation. Therefore, the error was not pointed out prior to sign construction. Mr. Willis states that to comply with the required setback would require the breaking out of the curb and putting the sign in the traffic flow, unprotected by the curb. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached, PUBLIC NOTIFICATION Notices mailed to property owners 5 . Responses in Favor . Responses in Opposition March 7, 7, 2002. City of Beaumont Board of Adjustments We are requesting a variance from the board, on the positioning of an Exxon Id/Price sign. We are not sure how the spot got marked improperly; but it did, anchor bolts were set and sign installed, before the city inspector notified us of the problem. As it sets right now, the sign is 102" from the west (McDonalds side) property line, city ordinance requires 120". Picture 13 shows the property line and what it looks like now. In order to comply with the ten foot setback, we will have to breakout the curb, drill a new hole and set new foundation, which besides the obvious monetary considerations; will put the sign in traffic flow, unprotected by the curb. Respectfully, WIVC41 16MMI'LIVIlm MEMBER P.O. BOX 7960 BEAUMONT, TX 77726-7960 (409) 842-1546 FAX: (409) 842-0049 1-800-627-7952 websl,te: www.dandssign.com TEXAS SIGN ASSOCIATION rM1 ' Y J � 1 w N f 40 t i .PM�r 'Awe Yl atrt*,nc� ..,«"� e..d�.a. 1► ' ^�r� w t�s�++.'J. `� x* �-• "ZSYi.:..+� _ .. r fir,,,,-� `y x i�'IIY-t Y r Y y` �} I 6 .. 4 OIt S�� 1It T " 4 r. .i t rerA,e„ .ram "'ir oA .'ION FORM VARIAK� SUPPLEMENTAL APPLI(f. 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. Al C,.4 TLC AA6 7'-P-5 7FLe.— C "y yeepj 0 5. Ho tA e, /s/4 -r IpVe &SLY 4 IC C j6 C 7 1- 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 men 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 owner's own actions. MOV14& -rye5 1 & ^J W I L1Z t4 0 6 A Xr 4 ^roc ro*jc CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. A :5 :5L,4>w1-J .7-^) P9)V07-C;> .s-s-r 3-qc1c 3 5 1 rvop" N � t),665 t4O7- ::C14'rJ59- A 61 —c, r cA d c-,-fio o,,J I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVS. Applicant's signature: FILE 475-BA: Request for a variance for a sign. The required setback for a sign in NORTH GC -MD (General Commercial - Multiple Family Dwelling) is ten feet from any N , property line or street R.O.W. j Location: 7110 Eastex Frwy. SCALE Applicant: Dave Willis, D&S Signs 1°=200' . �• s Co. �o a 1 Uj,�.j!,/ TT.tTL /V/MY /0!J eJ ... ... r 1 1 ' HG W y. 105 60 sae .x• es 'GN ` 0 50 • /ir ? ' r I/ too $ tI td d0 I d/ t q d1 dIq11�0%�Ar `IRl dv d d'd d to -ALL. t ^ t f CIO y ROSEDALE DR. t IWO GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Dave Willis, D&S Signs PROPERTY OWNER: Speedy Stop Food Stores LOCATION: 7110 Eastex Freeway LEGAL DESCRIPTION: Tract 8, Block 1, W. E. Johnson Addition, Tracts 51D, 53C, 54 & 192A, Plat RS-I, Thomas Spear Survey, Abst, 50 EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 1.042 acres EXISTING LAND USES: Convenience store FLOOD HAZARD ZONE: "C" - Minimal flooding SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant and commercial GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Restaurant GC -MD SOUTH: Church GC -MD WEST: Eastex Freeway GC -MD COMPREHENSIVE PLAN: Activity Corridor OTHER PHYSICAL FEATURES: None STREETS: Highway—L05 - a 100' wide local street with a 20' wide pavement. DRAINAGE: Open ditch WATER: 6" water SANITARY SEWER SERVICE: 8" sewer GENERAL INFORMATION/PUBLIC UTILITIES continued FIRE PROTECTION: Fire protection is provided by Station # 8, 6297 Highway 105. ADEQUACY OF SERVICE: Services are adequate.