HomeMy WebLinkAbout9-5-96 BA MinutesBOARD OF ADJUSTMENT
September 5, 1996
City Council Chambers
A meeting of the Board of Adjustment was held on September 5, 1996 with the following
members present:
Vice -Chairman Kevin Fuller
Board Member Bob Harris
Board Member Mary Jowers
Board Member Chuck Mason
Board Members Absent: Board Member Dohn LaBiche
Also present: Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City
Attorney; Maria Trapp, Planning Technician and Jill Cole, Recording
Secretary.
APPROVAL OF MINUTES
Board Member Mason made a motion to approve the minutes of the August 1, 1996
Board of Adjustment Public Hearing. Board Member Jowers seconded the motion.
Motion to approve carried 4:0.
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1) File 385-BA: A request for a variance to the sign regulations pertaining to a
proposed owner identification sign in an A-R (Agricultural -Residential) District. The
sign regulation is found in Section 30-28 (b) 1., City Codes.
Location: 3810 N. Major Drive (FM 364)
Applicant: First Baptist Church, Beaumont
Mr. Duren told the Board that this area was annexed into the City in 1957 and
permanent zoning was A-R (Agricultural -Residential) in 1964. The City adopted the
new zoning ordinance regulations which included sign regulations in 1981. Generally,
the sign regulations pertaining to this situation have not changed since 1981. When
the church received the specific use permit, the site plan which is part of the
ordinance that was adopted by City Council, showed a sign that conformed to the
BOARD OF ADJUSTMENT
September 5, 1996
regulations. The current request is an application to install a sign larger than allowed
in the district at the new school site. Section 30-28 (sign regulations) allows owner
identification signs in the residential districts for institutional uses subject to the
following requirements: the sign shall not exceed 20 square feet in area which would
be a 4'x 5'sign face; the sign shall not exceed 15 feet in height; the sign shall not be
lighted except by reflective flood -light type illumination; the sign shall be located a
minimum of 25' from any property line; and the sign shall meet the wind load
requirements of the Building Code. The applicant is proposing a sign face of 6-1/2'
x 8' on a 23-1/2' tall pole and the wrap around the pole is 5-1/2' wide and the face of
the sign is about 15' up on the pole.
Mr. Duren said that Conditions A, B and C must be met by the applicant before the
variance can be granted.
Condition A states that the granting of the variance will not be contrary to the public
interest. The applicant's statement concerns the fact that they have 40 acres of
property, but they received a specific use permit on a 6.75 acre tract, not the. entire
40 acres. The applicant stated in the application that because this is a sparsely
populated area with little chance of having residents locate near the property. Mr.
Duren reported the census figure of 1980 at 2900 people in that census tract and in
1990 it was approximately 6,000 people. Staff feels that the area will be developed
and it's in a neighborhood growth unit for all kinds of residential and eventually
commercial development.
Staff felt that the applicant does not meet Condition B or C. Condition B regards an
irregular shaped tract of land or something physically wrong with the property, and
that's not the case. On a corner in that zoning district they would be allowed two
signs, one on the proposed extension of Folsom and one on Major Drive. Staff
recommended denial because the applicant doesn't meet Conditions A, B or C.
Five notices were sent to property owners within 200 feet of, the subject property.
No responses in opposition or in favor were returned.
Vice -Chairman Fuller opened the public hearing and asked for the applicant's
comments.
Jimmy Carpenter, Chairman of the Building Committee addressed the Board. He said
although this is a school during the day, the intent for the property is something the
community uses after hours for different activities. The have a long range plan for
development of the entire 40 acres and that was not presented in the original
application for the zone change. The reason the sign is so large is that a display sign
area will be below the name of the church. This will be used for messages which
would benefit the parents dropping their children off at school, to church members
and to the community. Mr. Carpenter said they felt the size of the sign is
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BOARD OF ADJUSTMENT
September 5, 1996
appropriate. He said that the inside illumination puts off less glow and they wouldn't
have the problems with an externally lighted sign with trying to maintain the grass
area around the sign, kids playing near the electrical conduits that would stick up
from the ground, and the ability to read the sign when driving down Major Drive.
The proposed sign is similar to the one at the Calder location.
Vice -Chairman Fuller asked Mr. Carpenter if they felt that in this particular case
because the property was granted a specific use permit would this constitute an
exceptional physical situation unique to the property?
Mr. Carpenter said they have spent 3 million dollars on the facility and they want a
sign that is visible and feel that they need a sign of this size.
Vice -Chairman Fuller asked if they felt because this is a commercial -type use in an
agricultural area, a specific hardship was created that is unique to the property?
Mr. Carpenter replied that because the speed limit is 50 mph on Major Drive, they
need a larger sign that will be visible to the drivers passing by.
Vice -Chairman Fuller asked for comments in favor of the request.
Michael Johnson with State Sign Corporation addressed the Board. He stated that
an 8" letter can be read from 150', so letters smaller than 8" won't be effective
because of the setback on the property. Also, the internal illumination is better than
flood lights because if the flood lights are not directed at the sign, they would shine
into oncoming traffic.
Charles Kelly spoke in favor of the request. Mr. Kelly owns 85 acres adjacent to Boys
Haven across Major Drive and is also a trustee and member of First Baptist Church.
Mr. Marshall Cooper, Executive Director of Boys Haven, spoke in favor of the
variance request.
Mr. Ernest Brown, attorney for the church and trustees, spoke in favor of the request.
Discussion between Board and staff regarding signs followed.
Vice -Chairman Fuller said he felt that Condition B has been met.
Board Member Mason made a motion to approve the variance request to the sign
regulations of File 385-BA as submitted. Board Member Jowers seconded the
motion. Motion to approve carried 4:0.
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BOARD OF ADJUSTMENT
September 5, 1996
2) File 386-BA: A request for a variance to the building setback regulations pertaining
to an existing structure located in a C-M (Commercial -Manufacturing) District. The
setback or yard regulation is found in Section 30-25 (b) 2., City Codes.
Location: 1440-50 Neches Street
Applicant: Thomas J. Lykos, Attorney for Beaumont Industrial Corp.
A survey done by registered surveyors in July, 1996, shows the south edge of the
structure lies from 4.8' to 4.9' from the property line. This survey also assumes that
the required building setback along Langham Street is five (Y) feet. This is not the
case and is in error. The proper regulated building setback is ten (10') feet. The
building encroaches about 5' into the south side setback. The applicant's request for
a variance is based upon the mistaken assumption that the structure encroaches only
from I" to 2" into the required yard.
Staff felt that granting a variance will not cause any injustice and it would be in the
public's interest. Staff is of the position that Condition A, B, and C are met. Staff
recommended approval.
Vice -Chairman Fuller opened the public hearing and asked for the applicant's
comments.
Thomas J. Lykos, Attorney for Beaumont Industrial Corporation, addressed the
Board.
Vice Chairman Fuller closed the public hearing.
Discussion between Board members and staff followed.
Board Member Mason made a motion to approve the variance request to the setback
requirements of File 386-BA as submitted. Board Member Jowerss seconded the
motion. Motion to approve carried 4:0.
3) File 387-BA- A request for a variance to the sign regulations pertaining to two (2)
owner identification signs in a GC -MD (General Commercial -Multiple Family
Dwelling) District. The sign regulation is found in Section 30-28 (c) 3., City Codes.
Location: 810 Hospital Drive
Applicant: State Sign Corporation
State Sign Company has requested that variances be granted for two proposed owner
identification signs for Columbia Beaumont Medical Plaza, a clinic located at 810
Hospital Drive. The clinic and parking lot is south of Medical Center Drive and
fronts on College. New ownership of the property (Lot 2, Block 1, Beaumont,
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BOARD OF ADJUSTMENT
September 5, 1996
Medical Plaza Addition - originally 3120 and 3125 College) has necessitated the
installation of all new signs on the three acre lot.
The applicant desires to erect a 77' x 10'0" identification sign on an existing concrete
pad at the southeast corner of the lot which is the northwest corner of College and
Hospital Drive. The proposed setback is 10' as required from the south property line
but only 6' from the cast property line. This request is shown as sign #1 and detail
"B" on the attached exhibits. The applicant asks for a 4'setback variance on this sign.
There is a 10' wide sanitary sewer easement dedicated along the south 10' and also
along the east 10' of Lot 2. The easements contain a 6" sanitary sewer. The existing
concrete pad encroaches into the easement.
The second variance requested is for a 6'10" x 10' sign located at the northwest corner
of the lot which is adjacent to the south right-of-way line of Medical Center Drive.
The proposed setback for this sign is 10' east of the west property line as required
but only about 1-1/2 feet from the north property line. This request is shown as sign
#2/3 and detail "N' on the attached exhibits. The applicant asks for a 8'6" setback
variance on this sign. There is an existing illegal sign located in the right-of-way of
Medical Center Drive which is approximately 15' northeast of this proposed sign.
Staff recommended denial of the two variances because they do not meet conditions
A, B and C.
Vice -Chairman Fuller opened the public hearing and asked for the applicant's
comments.
Michael Johnson with State Sign Company addressed the Board. He distributed
photographs of some signs. He said State Sign has been contracted for approximately
10-12 signs at the subject site.
Discussion between Board members and staff followed.
Board Member Harris made a motion to deny the variance request to the setback
regulations of File 387-BA (Sign #1/detail B) as submitted. Board Member Mason
seconded the motion. Motion to deny carried 3:0:1 (Vice -Chairman Fuller abstained).
Board Member Mason made a motion to deny the variance request to the setback
regulations of File 387-BA (Sign #2/3 detail A) as submitted. Board Member Harris
seconded the motion. Motion to deny carried 3:0:1 (Vice -Chairman Fuller abstained).
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