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HomeMy WebLinkAbout418-BAT 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 16 square feet instead of the required 12 square feet, a setback of seven feet seven inches instead of the required 15 feet and a height of seven feet instead of the required six feet. FILE: 418-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. Ann Lee and Associates at 2175 North Street requests that the existing 4' x 4' wooden sign located in front of the advertising agency be allowed to remain. HT. AREA SETBACK Sign regulations 61 12 sq. ft. 15' for historic district Existing company 71 16 sq. ft. T 711 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 23 . Responses in Favor . Responses in Opposition ANN LEE &ASSOCIATES ADVERTISING PUBLIC RELATIONS October 16, 1998 Board of Adjustment City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Ladies and gentlemen: Ann Lee & Associates has been located at 2175 North St. in Beaumont since the early 1980's. The sign that has become the center of attention with respect to the city's Historic -Cultural Landmark Preservation Overlay District is neither offensive nor overly large. Further, it does not restrict visibility or create a traffic nuisance. According to the city's measurements, the sign is 77' behind the property line which locates it more than 17' behind the face of the curb. Moving the sign back to conform to the 15' set -back from the property line will create an undesirable and unattractive situation with respect to our building and create an unnecessary cost to our business. Moreover, the current sign is 16 square feet, as opposed to the regulation of 12 square feet. To conform to the city's regulations will require us to reduce the current dimension of 4' x 4' to 3' 5" x 3'5", a reduction that will be invisible to even the most ardent supporter of sign restrictions, and creating an unnecessary cost to our business. For these reasons, we respectfully request a variance. Please call on me if I can provide additional information. Sine rely, Bob Lee, Jr. Partner 2175 NORTH STREET BEAUMONT, TX 77701 409.839-4376 409.839-4537 FAX 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. 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. CONDITION C: That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. I HEREBY ATTEST THAT, TO THE BEST OF MY KNOWLEDGE, MY REQUEST MEETS THE CONDITIONS STATED ABOVE. Applicant's signature: Date: AJ City of Beaumont Variance Supplemental Application Form Condition A: The existing sign is not unsightly, not over -sized, not a safety hazard, and is architecturally compatible with the existing building and surrounding neighborhood. Condition B: To conform to the ordinance will necessitate re -locating the existing sign to a position closer to the existing building. Such proximity will, in fact, create an unnaturally close proximity to the building thus reducing the appeal of the architecture of the budding. Condition C: The spirit of the ordinance is to preserve the integrity of the neighborhood and promote revitalization. Allowing the subject sign to remain in its current position will provide substantiation that the City of Beaumont acknowledges that certain circumstances dictate that reasonableness and common sense encourage working relationships between municipal government and private development. ' a' 00 1 A061 4 j toy VILE 418-B Variance request to allow a sign 4 sq. ft. greater than & I ft. taller than the NORTH allowed 12 sq. ft, & 6 ft. height and to encroach 7'5" into the 15' required setbach, for HC-DI Afik (The Oaks Historic District). Location: 2175 North St. SCA1,F Applicant. Ann Lee & Assoc. V=200' so =AFm oa So ,Is HARRISON AVE, 2.0W rho lit to /so HAZEL AVE, omwm so AV I s 0 p j iv . . . . . . . . . . . . . . 0o 80 tr ttits de to 'vv SIGN ORTH ST, lb A. 24 so S U BJ ECT 3 10, D" R L ro MCFADDIN AVE. P/ 50 so 66 19m) 10011% i , i isai AV .40 saw, to T- i 00 • CALDER AVE. J0 ti % I r;- I W"WMRNW) ! r�l 1 I I I I K GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residence; Old Town Realty Company EAST: Residences SOUTH: Residences WEST: Residences COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: LEGAL DESCRIPTION: Ann Lee and Associates Ann Lee and Associates 2175 North Street at Sixth Street RCR (Residential Conservation and Revitalization) District 0.344 acres, more or less Advertising agency "C" - Minimal flood hazard zone SURROUNDING ZONING: RCR (Residential Conservation and Revitalization) District RCR RCR RCR Conservation and Revitalization The applicant in File 4t5-BA is Jack Carville, located across the street from the subject property. North Street is a 60'wide right-of-way with a 27'pavement and sidewalks. Sixth Street is a 60'right-of-way with a 27'pavement. Lots 7 and 8, Block 25, McFaddin Second Addition