HomeMy WebLinkAbout417-BA!0
DATE: November 5,1998
TO: Board of Adjustment
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Request for a variance for a non -conforming owner identification sign in the Oaks
Historic District. The variance would allow a maximum setback of three feet instead
of the required 15 feet,
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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.
Mr. Hobson installed a six foot wood sign in front of his law office at 2190 Harrison at Sixth
Street about 10 years ago. The sign is not illuminated and consists of three small wood
panels hanging from a bracket. The sign is three feet from the front property line.
HT. AREA SETBACK
Sign regulations 61 12 sq. ft. 15'
for historic district
Existing compaU 61 4 sq. ft. 31
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 25
Responses in Favor . Responses in Opposition
THOMAS J. SIBLEY. P.C.
ATTORNEYS AT LAW
P. O. BOX 3045
BEAUMONT, TEXAS 77704
304 PEARL STREET
FIRST FLOOR
THOMAS J. SIBLEY October 14th, 1998
BOARD CERTIFIED
COMMERCIAL,
FARM AND RANCH
RESIDENTIAL REAL ESTATE LAW -
TEXAS BOARD OF LEGAL SPECIALIZATION
ALSO LICENSED IN LOUISIANA
Mr. Steve Richardson, AICP
Planning Director
City of Beaumont
P. 0. Box 3827
Beaumont, Texas 77704
Re: 2190 Harrison
Dear Mr. Richardson:
TELEPHONE: (409) 835-9944
TELECOPIER: (409) 838-4741
Enclosed herewith please find the following:
1. Application for a Certificate of Appropriateness with
plat attached.
2. Variance Supplemental Application Form.
3. Board of Adjustment Application Form.
I would appreciate your consideration for the requested
variance.
Very truly yours,
Thomas J. Sibley
TJS/jy CIV Or" "T.A00"I'T
111121NNNIXG DIVISKIM
Enclosures
OCT 14 1998
10/23/1990 11:31 409-0304741 THOMAS J SIBLEY PC PAGE 02'
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BEAUMONTo TEXAS
(coDES SECTION 30-37 E.3)
Tio Boad QfA*Wmd W dw powor to pla varimma where aw Jbilowing listed COPAIJOW h"V bm Wt
Indicate how you appliestion mWs cob of Owe wr400ns in the space folkwing each 000idifim 1'(71"
f,
applicant hat the burden Of PftOft0 6monstrate that all three of the conditions fteemgrY r a vensacc
7
Mare been
E)=0 udlwmw prduUUA OW BW4 Is *mPOwaW to AWMize 4 variance from a "V ent of the zo"U'18
Ordirw" who tw DOW AA& tha oil of the following canditions, b&vv bw md;
That OW StAnbill Of 410 V&A&MO Will not bO Wntruy to the Pub"C'nt"t
The application for a variance is not contrary to the * Public
interest for the reason that the existing sign is attractive, is
not an eyesore, complies with all other size dimensions and has
been in existence for over ton years.
C92ML110": That 4uwal w&nerrtent of the ordUmm will result in umaMuY h&rdsWP b4c4us4
of cx=Vo" 6XWMjM*. ShAlkYONGS, 3128100 WPO"h)i Or odw ocb,0`44vo Of ex"0104A Physics' "tum"n
or Pbp=j om&fiw unjqN to ft specino pim or propem in question. "Umimnay her4ship" shall mesas
P&ysjW budSM9 rejoipgto the prop" jWw djamSVWW from a hardship relating to convenience. financial
considmdons or caprice, i6d that hu"P must not result from the applicant or owner's ovm Actions.
The existing buildings are situated on the front setback line
resulting in very narrow front yards. it is a hardship on owner
to require the existing sign be moved back fifteen feet from the
property line because It will lose its visibility. -
COURIMU! net by granting t1la WiVwX, the spirit of die ordinance will be observed and
futowlial juftivo will be 4QM.
Prior to the time that the property was purchased by Herschel
Hobson for use as an office, it was owned and used by a pediatrican
as a children I a clinic for a number of years.' The existing sign is
identialt if not the same oign, used by the pedictrician. The sign
is attactive, discreet, is for the benefit of the public, and to
require its replacement will be a hardship on owner.
I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, My UQUEST MEETS. THE
CONDMONS STATED ABOVE
Z
ApplWat's signatwv'114 Date:
t 01 N
FILE 417-B Variance request to allow a sign to encroach 12'into the 15' required setback NORT I I
for HC-Dl (The Oaks Historic District).
Location: 2190 Harrison Ave,
Applicant: Thomas J. Sibley SCALE
1"=200'
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ASHLEY AVE.
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HARRISON AVE.
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GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Thomas J. Sibley
PROPERTY OWNER: Herschel Hobson
STATUS OF APPLICANT: Attorney for owner
LOCATION: 2190 Harrison at Sixth
EXISTING ZONING: RS (Residential Single Family Dwelling)
District
PROPERTY SIZE: 0.344 acres, more or less
EXISTING LAND USES: Law offices
FLOOD HAZARD ZONE: "C" - Minimal flood hazard zone
SURROUNDING LAND USES: SURROUNDING ZONING:
MIMI: Residence RS (Residential Single Family Dwelling) District
EAST: Residence RS
SOUTH: Residence, law firm (owned by 11. Hobson) RS
WEST: Residence RM-H
COMPREHENSIVE PLAN: Conservation and Revitalization
OTHER PHYSICAL
FEATURES: None
LEGAL DESCRIPTION:
Harrison Avenue is a 60' wide right-of-way
with a 30' pavement and sidewalk. Sixth
Street is a 60' wide right-of-way and 27'
pavement.
Lots 5 and 6, Block 35, McFaddin Second
Addition.