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HomeMy WebLinkAbout406-BADATE: April 2, 1998 TO: Board of Adjustment FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a variance of the maximum allowable area requirement for a church identification sign proposed in an RM-H (Residential Multiple Family Dwelling - Highest Density) District at 2955 S. Major Drive (Section 30-28 (b) 1. a.). The variance is from 20 sq. ft. to 80.5 sq. ft. FILE: 406-BA STAFF REPORT St. John Lutheran Church, recently constructed on S. Major after issuance of a specific use permit in 1996, has applied for a variance that will allow an owner identification sign constructed of brick. The sign exceeds the 20 sq. ft. area as regulated in the residential districts. The church sign will total 80.5 sq, ft, The setback from the property line is one foot, a variance granted by the Board on November 6, 1997. The applicant shall have the burden of providing to the Board that the three conditions for granting a variance have been met. PUBLIC NOTIFICATION Notices mailed to property owners 26 - Responses in Favor . Responses in Opposition T. JOHN LUTHERAN CHURCH 2955 S. MAJOR DRIVE BEAUMONT, TX 77706 (409) 840-9915 March 12, 1998 Planning Division City Hall, Room 210 801 Main St. Beaumont, TX 77701 Gentlemen: St. John Lutheran Church is asking for a variance of the signing codes of the City of Beaumont to build a sign 10'-6" high, T-8" wide and P 9" thick with a 5' x 6' enclosed message board visible from both sides. This sign will be illuminated by lights placed close to the top of the sign and will not be a danger to traffic or a nuisance to neighbors. The variance for the location of the sign P east of the property line was granted on November 6, 1997. We intend to place the sign in the front of our parking lot for visibility. The sign is only large enough to allow viewing from the major highway, Major Drive, and is only marginally high enough to be read over grass and shrubs in the landscaping and easement area. The sign will be landscaped and will be tastefully done in order to accent the appearance of our property and building location. The size of the sign is in keeping with and smaller than other signs on fast moving thoroughfares such as the Willow Creek/Brentwood sign that has only recently been enlarged. Also, the sign is located far enough away from any driveway that it will not be a hindrance to viewing traffic when individuals are coming to or leaving the church area. Neither does it create a significant blindspot for parking in our parking lot. The sign is large enough to allow us to post a short message/advertisement and should eliminate the need to use a portable rental sign for special events. These portable signs, in my opinion, are distasteful and detract from a neighborhood. Finally, St. John Lutheran plans to be in the neighborhood for a long time and will strive to be a positive influence in the community. It is with a spirit of cooperation that we come before you with this request. Very truly yours, Fred D. Heiner Planning Committee Chairman FDH/rmh FILE 406-BA: Request for an area variance regarding a proposed owner identification sigg, NORTH 4 (Residential ► a • Density) Applicant:Location: 2955 S. Major Drive A& 4 II ►��rlr �.� r�s a .mow' ■ I��w�l�a�■r !i■r'�o�rlra � . � �Ir�r.�l�l�.►�rrc+r��:+■�rc�l:■�ar a>t00 as-luaa'.. • .►�r`4,►�11 mom man Ilow Creek One M INN wr •i�ii aR i � , i ■ ■i! ����� ►,ifi�i�i�i.t,ila�i�xTr+ ... NOW InN MIN RS �pl • ��`.IIF. O► NOW NEW MIN •,� a w�} �i•�i� w>t ountry Club Estate'* ' w of, di IT cn 44 u rA 0 0 z 13-lab - REQUIREMENTS FOR A VARIANCE The Board of Adjustment 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 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 property 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. ANALVIRTIR Condition A - (Applicant's statement): We at St. John Lutheran Church do not think the granting of this variance will be contrary to the public opinion because the sign matches the architecture of our building and is only tall enough and large enough to allow ample viewing of the sign from highway distance. The sign will be landscaped and will be tastefully done in order to accent the appearance of our property and building location. The size of the sign is in keeping with and smaller than other signs on fast moving thoroughfares such as the Willow Creek/Brentwood sign that has only recently been enlarged. Also, the sign is located far enough away from any driveway that it will not be a hindrance to viewing traffic when individuals are coming to or leaving the church area. Neither does it create a significant blindspot for parking in our parking lot. Condition B - (Applicant's statement): We believe that the literal enforcement of the signing codes of the City of Beaumont would cause a hardship on us due to heavy, fast moving traffic that is present and will only increase after the widening of Major Drive is completed. We have had to move our parking forward and incorporate the sign into the parking lot. The sign is only large enough to allow viewing from the major highway, Major Drive, and is only marginally high enough to be read over grass and shrubs in the front landscaping and easement area. Placement of the sign in close proximity to the property line will also minimize the blind spot when members are parked next to the sign blocking some of the lower letters. Illumination is through the use of spotlights on the side in order to light up the viewing of the letters on the exterior of the sign. The lighting is close to the top of the sign and will not be a danger to traffic or a nuisance to neighbors. ANALYSIS continued Condition C - (Applicant's statement): We at St. John Lutheran Church believe that the granting of this variance will not be contrary to the spirit of the ordinance for several reasons. First, the sign matches the architecture of our building and will be blended into our landscaping. Second, as previously mentioned, the sign does not obstruct viewing of traffic or cause hardship for any traffic conditions. Third, the sign is large enough to allow us to post a short message/advertisement and should eliminate the need to use a portable rental sign for special events. These signs, in my opinion, are distasteful and detract from a neighborhood. Finally, the sign is a modest sign, tastefully done, and will not distract from the overall appearance of the neighborhood. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES-: NORTH: DD#6 ditch and woods EAST: Ditch, Willow Creek One Addn. SOUTH: Willow Creek One Addn. WEST: Major Drive, residences COMPREHENSIVE PLAN: St. John Lutheran Church Evangelical Lutheran Church of St. John 2955 S. Major Drive (FM 364) Tract 20-A, Tax Plat SP-8, C. Williams Survey. RM-H (Residential Multiple Family Dwelling -Highest Density) District 4.954 acres, less new highway right-of-way taken = 4.6 acres, more or less. Church, parking lot Flood Zone "C" - Minimal SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RM-H RS Neighborhood Growth Unit GENERAL INFORMATION/PUBLIC UTILITIES cmitInued OTHER PHYSICAL FEATURES: None STREETS: S. Major Drive (FM 364) is a major arterial. Recently the right-of-way in this area changed from 120' to 150'. The 30' taken was from the east side of the road, an action that affected the church site. Presently the pavement is only 20' wide. Major is now being reconstructed between College Street south to Humble and Humble lies just north of the church's location. The next construction phase south of Humble should begin in 1998 and no later than 1999. DRAINAGE: Surface drainage to ditch in Major Drive right-of-way. Some drainage to the ditch lying east of the church tract. WATER: There is a 20" water line in the right-of-way in an easement. SANITARY SEWER There is an 8" sanitary sewer line in Major SERVICE: and an 8" line running along the south side of the tract in an easement. FIRE PROTECTION: Fire protection is provided by Station #6, 1155 Glendale. (Station to be moved soon.) ADEQUACY OF SERVICE: Services and utilities are adequate. Sec. 30-28. sign Regulations. (a) Permit RpMirements: No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached, or painted until a building permit has been approved by the Chief Building Inspector in accordance with the requirements of this chapter and the Southern Standard Building Code. (b) Signs in., Residential District: Signs shall not be permitted in residential districts except as specifically authorized in this Section. 1. One (1) detached owner -identification sign shall be permitted for a multiple - family dwelling development, non- residential, or institutional building for each abutting street, subject to the following restrictions: a. The sign shall not exceed twenty (20) square feet in area; b. The sign shall not exceed fifteen (15) feet in height; C. The sign shall not be lighted except by reflective flood -light type illumination; d. The -sign shall be located a minimum of twenty-five (25) feet from any property line-; e. The sign shall meet the wind load requirements of the Building Code. 2. One .(1) attached owner -identification sign for a multiple -family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street ���i/lIJJJ/%/i///��%''