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HomeMy WebLinkAbout414-BAR� DATE: November 5,1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance to allow an owner identification sign in a GC -MD District to be located one foot from the property line instead of the required ten feet. FILE: 414-BA STAFF REPORT The applicant is a CPA firm located at 4335 Laurel. This is west of Office Park Drive (now Lucas Drive) and east of Sparrow Way in the Maplewood Addition, The firm wishes to construct a new monument sign west of the driveway. The existing wood identification sign lies east of the driveway and is located within the right- of-way of Laurel. The sign ordinance requires a 10' setback. There are no area (sq. regulations. Maximum height in the district is 50 feet. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Exhibits are attached. Notices mailed to property owners 20 . Responses in Favor . Responses in Opposition Chris W. Busch, CPA Michael W. Collings, CPA Allen W. Fennel, CPA Wendy L. Nobles, CPA, CFP James H. Samuel, CPA George McClelland 1928-1998 Dear Board of Adjustments, WeIlls a VU KAI., October 5, 1998 4335 Laurel - Post Office Box 7570 Beaumont, Texas 77726-7570 (409) 899.4900 FAX (409) 899-1444 Toll Free (888) 899-1040 Website: hilp://www.MSFLLRcom Email: MSFLLP@MSrLLRCOM The purpose of this correspondence is to request your consideration in granting a variance from the ordinance dealing with the location of a monument sign which we propose to construct at 4335 Laurel Street, Beaumont, Texas. If this sign is located ten feet from the R.O.W. line as per the ordinance, it will not be visible from the west side by vehicles traveling cast on Laurel Street until they are almost in front of the building. There is a fence and shrubbery which will limit the view of this sign and these items could not be removed and still allow the privacy and separation between the residential area and the commercial building which this sign will serve. Many of our clients (i.e., public) are older and have a difficult time locating street addresses. Granting the variance will allow us to place the sign close enough to the street so that these clients will be able to see and read it, and thereby assist them in locating us. By moving this sign location between 8 and 9 feet closer to the R.O.W., we can expedite the efficiency and purpose of this sign without jeopardizing the safety or aesthetic appeal of the neighborhood. I am enclosing the variance supplemental application form with additional considerations for the granting of this variance. I have also included slides, prints, and a drawing in attempt to demonstrate to the Board our position. Thank you for your consideration concerning this matter. Sincerely, Allen W. Fehnel im Enclosures clients/firm/board of adjustments.doc -1 i VARIANCE SUPPLEMENTAL APPLICATION FORM 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. ktioc V) me-ot S ides CONDITION B: That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowndss, 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. S ce A Aaci-) mev�tl S I i de-S, � ? h 0� S C!QNDTTION,C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. S I e e- A ar3n r-r, ent, S 1 c e, Map I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: Condition A Granting the variance will not be contrary to the public interest in that it will not create a safety problem. The sign (if approved) will still be located approximately 15 feet from the existing street curb and 3 feet from the property line. Immediately to the west of the property location there is a four way stop at the intersection, therefore vehicles traveling on Laurel in front of this property are either slowing down for the stop sign if headed west or are accelerating from ;i complete stop if heading cast. The variance will also not be contrary to the public interest in that the sign is designed to be a monument style sign with an enclosed plant box, thereby creating value to the community. Granting this variance will allow us to remove the existing sign which currently may obstruct the view of drivers exiting the business onto Laurel. Therefore, the safety of the public would be improved. It would also save the lives of two large catlapa trees, providing a more environmentally protective quality for the public interest. 59071TURT."W The front of our business property is extremely narrow. On the west side there is a residential home. A fence between our property and the residential home runs to within 15 feet of the existing curb on Laurel Street. In the back yard of this residence are thick shrubbery up to 15 feet in height which further obstructs the view along the property line. Due to the narrowness of the property and the neighbors landscaping, placing a sign as required by the code without a variance would place it in a position where it would not be seen by those traveling east on Laurel. Many of our clients (i.e., public) are older and have a difficult time locating street addresses. Granting the variance will allow us to place the sign close enough to the street so that these older clients will be able to see and read it, and thereby assist them in locating us. Condition C By granting this variance, it will not hinder the health, welfare, safety, or morals of the community. As stated above, we believe that by allowing this sign to be built and removing the existing sign which is much closer to the street it will actually improve safety. In addition, the proposed monument sign is easier to read and much more attractive than the existing sign. Also, the original building on this property was constructed in 1977 before enactment of the existing ordinance with its restrictions on placement of the sign. I do not believe it was the intent of the ordinance to put undue burdens or restrictions on businesses which had already designed and built existing facilities. Clients/Firm/variance re sign.doc ---- 'j � Fjj,E 414-B Variance request to allow a sign to encroach Vinto the 10'required setback NORT11 for GC -MD (General Commercial - Multiple Family Dwelling) District. Location: 4335 Laurel St. A Applicant: McClelland Samuel & Fehnel, L.L.P. Certified Public Accountants SCALE 4 7/63 /90 ` lm9i'l - i I t 494 /19 RM,-H- PHEL AN St VD. Dca Do Ltj �94. 8 1, 0 fl.�f M SIGN LAUREL AVE, Ir DR HILDEBRANDT BAYOU kln P t. ra T 10, R 0=0 �LKTSTx14 C(7,4c"fj& W "K �)-AA�i A-ArA TA SION F, e)(1 5' 1 ng 5,CJW cus�• - - RO -W (Do Fr A tA s-r—"j, r r r r11-Ic- -f *9A HtLLt31CAWC 13A`OU COLIC . PE IV I- 1'RAG�i No, I ' tA (0.444 Ac•) d a U � 6y U `" t — 4 r Q 7 Q m 1 q 4 V J-(W0 y'%el 3 w �tGk l3LGYa. .;s 4' a Q, Ids d r" � N CS o •►~ 3 N 13' w Z r Rx b 14' sW J` t 5! W r N y/H 10, BBC. P. t✓ o 4. f~. b.s 48'9* 1 I'30' W 9a,00t t 4335 LAUf-L AvF . A 5LIINV OF caauw,ROHLEft a.572 AG. itAG'f 01-1-f 0r l o-r 4, A. k. PANI5L. 5140R 28 H. W ILL IA W? SUL'�A•5G) PM'I 08:{., • 1)EFFERSON COUNTY. TEXAS �U''.»rsiE?'a :c Strtir. rW $b MmS lq 62 FINAL; 4a—t5-82 c- lC SURD s KOHLER fi KOHLER ENGINEERS Q SURVEYORS ecAuuosst, MAS f ctrdfy that thie Is an smstatr plat of 01 572 AG, sa known s 4555 LAU M AVIW. - 05At-itibt,I r Tram, the property 60PL51CAH, M6,6L5U,AND,44MU5L d HAYES w+ surveyed by me showing all Improvements brio6 s•,• Block •',_ In d.e• ~-- BCALI 'lo Addition to shr City of i N'f )tffenoo County. Tram, map of whirls is recorded in Vd._.....^,^...,.® Pa;a of she Map Records of )tlftnon County, ' TtaA& There 15 tiJ0 tncroothmtotta .thrl�w$rdpterty at time, of tb' so� � •► e � Subscribed and swo to, before mt, a Noti.4m '}•,a foc iilerwn County, Tries, this she �J day o/ f9 r2 i _ lf- FN book � - post 5 q w�'r°�1? 10��•c'� Notary pi and (Of Jefferson County, Teti A G Q'P( T LE GG). GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: McClelland, Samuel and Fchnel, L.L.P., CPA's PROPERTY OWNER: HSMB Joint Ventures STATUS OF APPLICANT: Tenant LOCATION: 4335 Laurel Avenue EXISTING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) District PROPERTY SIZE: 0.57 acres, more or less I I HN2142 W00 DIEW1, gk� 9992ITMI FLOOD HAZARD ZONE: "B" - (500 year) "C" - (Minimal) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Offices GC -MD (General Commercial -Multiple Family Dwelling) District EAST: Blood bank GC -MD SOUTH: Hillebrandt Bayou GC -MD and RS (Residential Single Family Dwelling) District WEST: Residential subdivision RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Laurel Avenue is a 60'right-of-way with a 26' wide concrete pavement. LEGAL DESCRIPTION: West 90' of Tax Tract I I -A, Plat D-25, H. Williams Survey, Ab-56, Beaumont, Jefferson County, Texas.