HomeMy WebLinkAbout474-BADATE: February 7, 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)
to allow a sign at the property line at 16 10 IH- 10 East.
FILE: 474-BA
STAFF REPORT
Reginald Wallace, owner and applicant, is building a now Conoco convenience store at the
northwest comer of Gulf and 11-1- 10 East.
A pricing sign is proposed at the southeast comer of the property. Tile supports will be 10'
from the property line along Gulf but will be up to the property line on the IH-10 access road.
The applicant states that because of State and City mandated entrance and exit points, flexibility
in sign placement has been greatly diminished.
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
City of Beaumont
Board of Adjustment
801 Main Street
Beaumont, Texas 77701
Spurg,. L.L.C.
1610 IH-10 East
Leaumont,, Texas 77703
(409) 835-1163
January 18, 2002
Dear Members of the Board of Adjustment:
Phone: (409) 880-3764
Fax: (409) 880-3133
We respectfully request a variance pursuant to Codes Section 30-37. A variance is requested to
place a commercial identification sign on the property line of the property noted on the attached
Board of Adjustment Application Form. Reasons for the variance are noted below.
Condition A — The granting of the variance will not be contrary to public interest because:
I , placing it at this location will not hinder drivers' line of vision, and
2. the placement of the sign decreases chances of distractions because it is located
near a traffic signal where traffic is often stopped, and the sign does not rotate or
move, is not excessively bright, and it does not flash, and
3. it will not create any new safety hazards
(a) should a motorist accidentally run off the roadway from the IH- 10 feeder
road, the motorist would collide with the traffic signal pole before he could
collide with the identification sign
(b) from Gulf Street, the placement of the sign would be within the code of the
ordinance
Condition B
— The literal enforcement of the ordinance will result in unnecessary hardship
because:
I
the driveway of the facility/property is exceptionally narrow
(a) drivers will have extreme difficulty in exiting onto Gulf Street when facing
IH-10
(b) damage to cars and the sign is likely, and
2,
the property contains no other comers, and
3.
entrance and exit points are pre -mandated by State and City officials, thereby
limiting the property owners' flexibility in the placement of the sign (furthermore,
requests to move the entrances were refused by State and City officials), and
4,
placing the sign in positions other than on the corner minimizes its visibility for
potential customers, thereby decreasing patronage, with the end result being a
negative effect on the business' income, and
5.
none of these concerns were created by the owner
Condition C
— The granting of the variance is in the spirit of the law because:
I
placement of the sign where requested will not go against the "spirit of the law" as
defined in section 30.3
-------------------- GAL EL 4 H KA
%0ORTH
FILE 474-BA: Request for a variance to the requrrecl setback for an owner
identification sign on the property line in a GC -MD (General Commercial - Multiple
Family Dwelling) district.
Location: 1610 IH-10 East
Applicant: Spurg LLC/The Place
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT:
Spurg LLC/The Place c/o Reginald Wallace
PROPERTY OWNER:
Reginald Wallace
LOCATION:
1610 IH-10 East
LEGAL DESCRIPTION:
Plat A-14, Tr. 8, pt. Tr, 37 & Tr, A (closed Isla
Street), James Drake Survey
EXISTING ZONING:
GC -MD (General Commercial -Multiple Family
Dwelling) District
PROPERTY SIZE:
0.490 acres, more or less
EXISTING LAND USES:
Convenience store (under construction)
FLOOD HAZARD ZONE:
"C" - Minimal Flooding
SURROUNDING LAND USES:
SURROUNDING ZONING:
NORTH: Babe Zaharias Park
GC -MD (General Commercial -Multiple Family Dwelling)
EAST: Commercial
Ll (Light Industrial)
SOUTH: Commercial
Ll
WEST: Babe Zaharias Park
GC -MD
COMPREHENSIVE PLAN:
Conservation and Revitalization
OTHER PHYSICAL
FEATURES:
None
STREETS:
Gulf Street - a 60' wide major arterial with a 36'
wide pavement.
DRAINAGE:
Curb and gutter
WATER:
Existing
SANITARY SEWER
SERVICE:
Existing
FIRE PROTECTION:
Fire protection is provided by Station V, 1700
McFaddin.
ADEQUACY
OF SERVICE:
Services are adequate.