Loading...
HomeMy WebLinkAbout412-BAn DATE: November 5,1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for variances for a non -conforming owner identification sign in the Oaks Historic District. The variances would allow a maximum size of 42 square feet instead of the required 12 square feet and a setback of 11 feet instead of the required 15 feet. FILE: 412-BA STAFF REPORT In 1993, City Council created by ordinance, the Historic -Cultural Landmark Preservation Overlay District and adopted regulations to govern the area. The Oaks Historic District located north of Calder Avenue between First Street and Eleventh Street was the initial section of town chosen for the overlay designation. The ordinance, Section 30-21.2, requires that all structures and parking lots - except for main and accessory structures and fences - come into compliance with the regulation within four years. The amortization period has now expired. The Bethlehem Lutheran Church at 777 N. Fourth Street requests that the church's 40 year old existing brick monument sign be allowed to remain. The sign faces North Street, thirty feet west of the Fourth Street right-of-way and is set back from the North Street right-of-way a distance of eleven (1 l') feet. HT. AREA SETBACK Sign regulations 61 12 sq. ft. 15' for historic district Existina church 41 42 sq. ft. III monument sign 10 V2'x 4' 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 23 . Responses in Favor . Responses in Opposition Bethlehem Lurtheran Church 777 North Fourth Street Beaumont, Texas 77701 5 October 1998 City of Beaumont Zoning Board of Adjustment P.O. Box 3827 Beaumont, Tx. 77704 Attn: Mr Murray DurAn Dear Mr Dur1n; As per our discussion I am enclosing requests for an exception or variance, whichever is appropriate, to preserve the name marker for Bethlehem Lutheran Church. Said marker dates back to the erection of the present church sanctuary in 1960 and is in the only position where easy recognition of the church can be read from both North and Fourth Streets. The marker is landscaped and in good taste and therefore, does not detract from the appearance of the neighborhood. Since its inception in 1927, the church, at 777 North Fourth Street, has been a historic landmark in the neighborhood and has operated in every way to maintain the character of the area. Finally, I don't believe a marker denoting a church of God can be considered contrary to the public interest or a detriment to the neighborhood. Thank you for your consideration of this matter. Verb' trV)y �urs . Y - Wred Wemer President, Church Council bnl OCT 13 VARIANCE SUPPLEMENTAL APPLICATION FORM BEAUMONTs 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. Bethlehem Lutheran Church has been a historical landmark on North and` ' th h build i n'g,'an!6"#i gn Streets since its inception in 192T.,,''The "current churc have been in place for 40 years.,,",Hav'ing amarker-aedoting a 'church of God cannot be consider.ed contraryt6­public "J" No 0 Air unnecessary CONDITION B: That literal enforcement of the ordinance will result in ecess,ary hardship because of exceptional narrowness, shallowness, shape topography or other ektraordinary 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 ownces own actions. Because of — configuration of lot add church building the present sign position is the only area where easy recognition of church can.be read from both North and 4th Streets. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. As a historical landmark Bethlehem Lutheran Church conforms to the definition of the Historic -Cultural Landmark Preservation OV'erlay District. The marker denoting "Bethlehem Lutheran Church" has been in place for 40 years dating to the erection in 1§60 of the present sanctuary. The marker is in good taste and does not detract from the appearance of the neighborhood thus meeting the intent, if not the letter,' of the ordinance which is to preserve the character of the District. �T I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, My REQMI[j-;MEETS THtl CONDITIONS STATED ABOVE, I Applicant's signature: date: 3 f r tj it i il 4 1 1 i taw F ILE 412-BA: Variance request to allow a sign 30 sq. ft. greater than the allowed 12 sq. ft NORTH to encroach into the 15'required setback for HC-D1 (The Oaks Historic District). • Location: 777 N. 4th St. Applicant: Bethlehem Lutheran Church SCALE rAIjr deft F rs r r r, r. It ao .A I ASHLEY AVE. LONG AVE. HAZEL AVE. I W1. in uj ry V) 0 LLL. i332US HDJON GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Church, residences, apartments EAST: Storage building and offices and "carriage house" for the McFaddin- Ward House SOUTH: Broussard Mortuary parking lot WEST: Residences and apartments COMPREHENSIVE PLAN: STREETS: LEGAL DESCRIPTION: Bethlehem Lutheran Church Bethlehem Lutheran Church 777 N. Fourth Street between North and Hazel RCR (Residential Conservation and Revitalization) District 1.03 acres Church, parking lot "C" - Minimal flood hazard zone SURROUNDING ZONING: RCR (Residential Conservation and Revitalization) and RS (Residential Single Family Dwelling) Districts RCR RCR RCR Conservation and Revitalization Two building setback variances were granted for the new church additions in 1995. The sign faces North Street, a 60'wide right- of-way with a 27'pavement and sidewalks. Lots 1, 2, 3, 4, E. Y2of Lot 5, E. Y2 of Lot I I and all of Lot 12, Block 27, Averill Addition.