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Home My WebLink About416-BADATE: 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 12.6 square feet instead of the required 12 square feet and a setback of 0 inches instead of the required 15 feet. 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, Ms. Becky Chapman who operates the "Hang It Up" frame shop at 2631 Hazel installed a non -illuminated wooden sign in front of her business several years ago. The sign is on the property line behind the sidewalk. The front yard is paved with red bricks. She requests a variance so that the sign will be allowed to remain. Sin rep- lations 61 12 sq. ft. 15' for historic district Existing company 61 12.6 sq. ft. 011-1211 identification sign 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 36 Responses in Favor _. Responses in Opposition COWART & NEICHOY, LLP ATTORNEYS AT LAW P. O. BOX 3803 BEAUMONT, TEXAS 77704.3803 JOHN P. COWART, P.C. PHONE (409) 839-4545 PERRY W. NEICHOY, P.C. October 16, 1998 FAX (409) 839-8833 City of Beaumont Planning Division, Room 205 801 Main Street Beaumont, TX 77701 RE: Application for Variance "Hang It Up" — Becky Chapman Dear Sir: This is to advise you that I represent the interests of Becky Chapman regarding her sign at her business "Hang It Up." The sign at her business is not distracting or distasteful. Any other sign configuration would make it difficult for the public to locate the business because of the hedges on the adjacent property lines. The color and size of the sign does not distract from the style or the neighborhood or district. The business, as with most of the houses on the street, is set back only about 15-20 feet from the inside of the sidewalk. Therefore, moving the sign back would significantly distract and obscure the architectural features, windows and doors of the structure. The sign is only 6 square inches larger than the 12 square feet allowed. Finally, Ms. Chapman's sign does not distract from the style of the neighborhood; therefore, it falls within the spirit of the ordinance, and if moved back would undoubtedly be an eyesore because it would obstruct a clear view of the structure. If you have any questions or need additional information, please do not hesitate to call. COWART & NEICHOY, L.L.P. It ierry W. Neichoy PWN/ss at 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. THE SIGN AT MY BUSINESS IS NOT DISTRACTING OR DISTASTEFUL.,VANY OTHER SIGN CONFIGURATION WOULD MAKE IT DIFFICULT FOR THE PUBLIC TO LOCATE MY BUSINESS. THE COLOR AND SIZE OF THE SIGN DOES NOT DISTRACT FROM STYLE OF THE NEIGHBORHOOD OR DISTRICT. 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. MY STRUCTURE, AS WITH MOST OF THE HOUSES ON THE STREET, IS SET BACK ONLY ABOUT 15-20 FEET FROM THE INSIDE OF THE SIDEWALK. THEREFORE, MOVING IT BACK WOULD SIGNIFICANTLY DISTRACT AND OBSCURE THE ARCHITECTURAL FEATURES, WINDOWS AND DOORS OF THE STRUCTURE. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. MY SIGN IS ONLY 6sq. INCHES LARGER THAN THE 12 sq. FT. ALLOWED. THERE ARE HEDGES ON OR NEAR THE PROPERTY LINE THAT WOULD MAKE IT DIFFICULT TO IDENTIFY MY BUSINOSSIF MY SIGN WERE SET BACK FURTHER. FINALLY, MY SIGN DOES NOT DISTRACT: -'FROM THE STYLE'OF THE NEIGHBORHOOD AND IT THEREFORE FALLS WITHIN THE SPIRIT OF THE ORDINANCE. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature EMMMMMOTAUX, �--- 3V FILE 416 -BA: Variance request to allow a sign .5 sq. ft. greater than the allowed 12 sq. ft to encroach 15'into the 15'required setback for HC-D1 (The Oaks Historic District), Location: 2631 Hazel Ave. Applicant: Hang It Up AP of to 4.3 14 1$ ZZ to 17 ASHLEY AVE, Is 6 17 to 15 to I/ It jtJ1t4 15 I LONG AVE. 15 It to /0 0 0 r s 'S 4 10 1? a 1.0 to if ZZ tj t4 Z5 to tr to ty 50", I HARRISON AVE. 67,9 Q� 15 )4 All J /1 I'l 00 P 9 P 0 y 4 to If 15 14 to fy to I$ Sohn SIGN I., i 'HAZEL AVE. to to 1j It to to to 6 J 4 j I I AIL NOW= 11, Yo, L_-'M�r or UBJEC - NORTH ST. At 1? 10 IV I NORTH SCALE 14 /5 to I 1 - 5 too 1- Y. A*vil � 11 139/ 50 '. :50 2— 4'M Ao 4 10 1 /4 15 to 7 to 'V to 11 ft 13 Z4 1 t5 26; LONG At i H44RRISON Ave. 391 -,.o to All t is to ft Ar HAZEL AVE: 40 , 5(' - - - 40 /.f it to -to 0 0 r 0 5 4 or OTAV 'I I III" to if to ST Ago so Km I 14 17 4# to GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Hang It Up - Becky Chapman PROPERTY OWNER: Mrs. G. W. Ford STATUS OF APPLICANT: Tenant LOCATION: 2631 Hazel Avenue EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.172 acres, more or less EXISTING LAND USES: Frame shop (pictures, etc.) FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residences RS (Residential Single Family Dwelling) District EAST: Vacant lot and residence RS SOUTH: Residences RCR (Residential Conservation and Revitalization) District WEST: Vacant lot and residence RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL Most of the front yard is paved with red FEATURES: brick. STREETS: Harrison Avenue is a 60' wide right-of-way with a 30'pavement. LEGAL DESCRIPTION: Lot 9, Block 53, Averill Addition.