Loading...
HomeMy WebLinkAbout420-BADATE: February 4,1999 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to allow an owner identification sign to be constructed four feet from the front property line in an HI (Heavy Industrial) District, STAFF REPORT This is a special called rehearing requested by Board Member LaBiche, pursuant to Article VI, Section 1 of the Bylaws of the Board of Adjustment. The J. S. Edwards and Sherlock Insurance Agency wishes to install a 2' 6" x 6' 0" brick monument sign in front of 85 IH-10 North. This location is Regents Park I and 11 office development, Building I is situated in frontofthe five acre tract. Building 11 (87 IH-10 N.) is behind Building I. The insurance agency is a tenant and is located in Building 11. The sign regulations allow signs in the district to a maximum height of 50 feet. A 10' setback is required. The applicants wish to place their sign 4' from the property line which is 18'back from the curb of the service road of the freeway. The applicant states that a sign is obstructed at 10'by trees, utility poles and other signs. The applicant said that the owners of the complex, represented by Mike Barnett, are in agreement with this request. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Old and new exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 . Responses in Favor . Responses in Opposition LEGAL DESCRIPTION Being all of Tax Tracts 61-F and 61-G, Plat C-6, Noah Tevis Survey, Ab-52, Beaumont, Jefferson County, Texas, containing 5.0 acres of land, more or less. January 15, 1999 Bob Harris, Chairman City of Beaumont Board of Adjustment Re: File 420-BA; E. Jay Sherlock Insurance Agency Dear Chairman Harris: Pursuant to Article VI §1 of the Bylaws of the Board of Adjustment, I am submitting this letter as a motion for a rehearing to reconsider the vote on the above -referenced application. It has come to my attention that the applicants have new evidence which they would like to submit in support of their application for a variance. I would also request that the ten (10) day requirement for filing this motion for rehearing be waived by the Board in order that the new evidence be considered. Sincerely, iC Dohn LaBiche /rw OFFICIAL CERTIFICATION OF BOARD OF ADJUSTMENT DECISION WV�r .. This will certify that on December 3, 1998 — the Board of Adjustment denied by a vote of 3 to 2 a Special Exception, X Variance, — Appeal as allowed by Sections 30-37 (e) 3. from Section 30-28 (e) 3.__ of the City Code for property located at 85-87 IH-10 North (Re gents Park) and requested by E. Jay Sherlock for J, S. Edwards and Sherlock Insurance Agency This decision denies an owner identification sign to be constructed four feet from the front prgperty line in an HI (Heavy Industrial) District There is a ten day time period to appeal this decision commencing upon December 3, 1998 1 /3Z98 Z-4 '§ignatue of Chairman Date Board of Adjustment THE STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared Robert Harris , known to me to be person whose name is subscribed to the foregoing instrument, and acknowledged to me that hePM executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND and seal of office this 3rd day of December ) 1998. Notary*blic, State of Texas 0 j w E Copy Right -- 16' 2" Bldg.. Casa Ole -- 13' 7" Bennigans -- 19' 8" Steak & Ale -- 21' Texaco -- 23' 4" Chevron -- 18' 3" Phelan Invest -- 15' 5" Willy Ray's -- 14' Timber Lake Apts. 24' Suahum Chinese -- 22' Sartains Boat -- 6' Regants Park -- 15' 10" Regants Park I & 11 -- 13' 10" Health South -- 19' 10" Chili's -- 21' Lisotta's -- 25 Mr.. Warehouse -- 20' I 14'-- MSCH Stat Care 14' 6" -- Maida Agency 19 -- Spoils Page N 26' -- La Quinta 26' McDonnalds 15' McDonnalds 12' 11 " McDonnalds 22' 9" -- Angell's 15' -- American Real Estate 15' 9" Day's Inn 13' 4" -- Golden Triangle Fence 15' 4" Golden Triangle Paint & Body 21' -- Thermacon DISTANCE (SIGN FROM C Copy Right Copies (Building) 16' 21) Casa Ole 13' 7" Bennigans 19' 8" Steak & Ale 21' 9" Texaco 23' 4" Chevron 18' 3" Phelan Investments (Stewart Title) 15' S" Willy Ray's 14' 0" Timberlake Courts Apartments 22' 9" Sushun Chinese Resturant 22' 9" Sartin's Boiler Room (Boat) 6' 10" Regents Park 15' 10" Regents Park I & 11 13' 10" Health South 19' 10" Chili's 21" 0" Lisotta's 25' 0" Mr. Warehouse 20' $" Thermacon 21' 0" Golden Triangle Paint & Body 15' 4" Day's Inn 15' 9" American Real Estate 15' 0" Angells 22' 9" McDonnald's 12' 11" McDonnald's 15' 0" McDonnald's 26' 01) La Quinta 26' 0" Sports Page Bar & Grill 19' 0" Maida Insurance Agency 14' 6" MSCH (Stat Care) 14' 0" plb-r KCA -3UR%P 1v RG'M- 'Pg 6Pa¢-` T 41NCS . 0002 MEHAFFY & WEBER A PROFFSSIONAL CofiPORATION ATTORNEY5 AT LAW 069 ALIEN 1;010 2615 CA1.0ER AVENUE 630 0A%,LA6. SUTE 1200 POST OFFICE BOX 16 K,USJ0f4.TjM5 7M2 BEAUMONT, TEXAS 77704 ImLoaphoe'a (70) 601200 FAX (119) 466-0222 TELEPHONE (4&9) 6S6-5:11 PAX (404) 0354M 61"729 January 27,1999 10MGMEN AVENUE P.O. 6OX 189 ORANalE, T6X*3 T7M IELEpmONC (40) 6W770 FAX (409) 1111115-77W Re: Rehearing on Variance for J. S. Edwards & Sherlock Insurance Agency, L.L.P.; M&W File No. 6523-1 Mr, Tyrone E. C00PcV ria LC5—inA&--A(M-81 "-312 Legal Department City of Beaumont Beaumont, Texas Dear Tyrone: Attached is a letter from Brazos Management Enterprises, Inc., landlord of Regents Park, concerning Signage. it is my understanding L%at the reharilig has been set for February 4, 1999 at 3:00 p.m. in the City Council Chambers. We are putting together exhibits in preparation for out presentati0l) to the Board of Adjustment, Please let 'no, kjiow of anything that we specifically need to bring or have with u3 at the relleafing. Thank- you very much for your help in this matter and we look forward to seeing you on February 4,1999. Enclosure cc- w/attachment Mr, E. Jay Sherlock i. S. Edwards & Sherlock Insurance Agency 87 11.1-10 Al.„ Suite 200 Beaumont, Texas 77707 ,NAV/153549 Sincerely, Charles W. Goehringi r For the Firm is F=Ln I jig • - 4 �01 83 3J --JM 09: 21 J. 5. EDms -4 4oqs3u-=t77 002 I I I ff�� ��* " � ftAzM MANAGEMENT FNTMMIN$P Sutra Z 10 INC- HM&WOM. Togo 770Sf, 9 T*'WpUww(jj))UG-1184 Mr. L Jay OW00 j,fi, J!d*jjde *W 8haftek 07 l:H. 10 NO^ SVR9 200 5"Umoot, TOXIAS "707 v' , Park ftupnts, LL.C., the OWM of the SWrft PON OMOO Cbm*x, WOUM SWOO to dow j.9, wwamp moo iBhp*k innkm Apm to InFWN a r(OW momiumem Stan nW #* �dxjatjng monumrd fjWn of the ftWb3 p" Ofto Corm&x, qubjuct to Mor OppmvW by " CK 'y of fteumant K is Oder9too and agreed that Pork Resents, L,L,O, mt0no the fight tO P400 SmOftr rwwm on the row monurrmst sign should we Mara vnOih@r *go lonayA -ftr the prqmrty. The o"Ign of the rAw ton ot mme would be OW � a mutually symoble jjmjUrQ grW WoUld bs pjaow undwmath j.6, Edwmr* end Ghbftok Insuromw Apmy's no". J.S.Edwards & Sherlock Insurance Agency October 29, 1998 The Planning Division Room 210, City Hall 801 Main Street Beaumont, TX 77701 Dear Chairman, This letter is in reference to the enclosed application. This variance request is submitted in order to allow our firm to install a 30" high by 6' long brick monument sign in a location that would function as an address and identification sign. This sign is to be situated at the Regents Park 11 office complex located at 87 IH- 10 North. Regents Park 1 ('85 IH-10) is located approximately 61' from the curb of Interstate 10 access road. The state right-of-way comes off 14' from the curb which is where the property line starts. If we came 4' off the property line, which would be 18' from the curb, it would make the sign more easily visible as you are, traveling down the access road and act as an identification sign for the tenants in the back building. We feel that the sign would be safe and also attractive to the public and 18' would still be in the spirit of the ordinance. Enclosed is a drawing, picture and description to help you better understand our request. Thank you for your understanding in this matter. We look forward to hearing from you about your decision. Sincerely, J. S. EDWARDS & SHERLOCK INSURANCE AGENCY a Sherlock J, EJS/ch Encls: Beaumont (409)8 12-77 36/ Fax (409)83 3, 172 1 / Houston (7 1 3 )224,8723 S T 1 H 1 0 N o r t h S u i t e 2 0 0 / P . 0. B o x 2 2 2 3 7 / B e a u rn o n t, T e x a s 7 7 7 2 VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONT, TEXAS (CODES SECTION 30-37 F-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. Separate sheets may be attached. (Ile 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. With the variance being granted, the monument sign will still be l8ft. from the curb & frontage road. The sign will match the building and will tell the public the occupants in the back bu.ilding, 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 owner's own actions. With the ordinance the sign would be 24ft. from the curb. Because of the landscaping for the building and the restaurants parking, the sign would be unseeable and nonfunctional as a tenant's identification sign. CONDMON C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. The l8ft. set back from the curb would meet the spirit of the ordinance requirement and would allow good signage & terient'identification to serve the public. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: aw+ r � 11 i •� r J CO M re r ww AD GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: E. Jay Sherlock PROPERTY OWNER: Park Regents L.L.C. STATUS OF APPLICANT: Tenant LOCATION: 85-87 IH-10 North LEGAL DESCRIPTION: Being Tracts 61-F and 61-G out of Tract 61, Tax Plat C-6, Noah Tevis Survey, Beaumont, Jefferson County, Texas. EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Restaurant, large apartment complex EAST: IH-10 N. service road and main freeway SOUTH: Beaumont High ditch, Plaza-10 Subdivision (hospital, offices, restaurant) WEST: Woods, Hillebrandt Bayou COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: WATER: HI (Heavy Industrial) District 5 acres Two office buildings 39,000 sq. Ft. (Regents Park 1) and 41,000 sq. Ft. (Regents Park 11). "C" - Minimal flood hazard 4a00I a t 8 1 ut VA*j No I ON M HI (Heavy Industrial) District III GC -MD (General Commercial -Multiple Family Dwelling) District HI Activity Corridor (freeway) Interstate 10 Highway - south bound service road; right-of-way varies, pavement width varies. Storm sewers and ditches. N/A GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: N/A Station #10, 3855 Washington Boulevard ADEQUACY OF SERVICE: Present services and utilities are adequate.