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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER: DEPARTMENT REPORT
March 27,2006
7 d. Covenant Commercial Buildings
The applicant seeks approval for the following development standards variance:
Docket No. 06020024 V ZO Chapter 25.07.01-04.i signs in (proposed) road right of way
The site is located at 611 & 621 N Range Line Rd. and is zoned B-5/Business within the Old Town
Overlay - Character Sub area. Filed by Larry Kemper of Nelson & Frankenberger for Yvonne & Ben Li.
General Info:
The petitioner is seeking approval to
have their suspended signs located
within the proposed 45-ft road right
of way, yet outside of the existing
3D-ft road right of way within Old
Town and along Range Line Rd.
Analysis:
The site plan and building
renovations for these two
commercial buildings has been
approved by the Plan Commission.
The tenants' signs will meet the size
and design requirements of the Old Town Overlay; however the 2 signs will not be located 5-ft outside of
the road right of way and prescribed by the Thoroughfare Plan and Sign Ordinance. They will be located
approximately 8 feet within the road right of way. A Consent to Encroach approval will be needed from
the Engineering office and Board of Public Works. The signs will have to be moved outside ofthe road
right of way if Range Line Road is ever improved/widened. On a side note, there are still outstanding
issues regarding the removal of trees on the property by the property owner without the Plan
Commission's approval, and the Urban Forester has been in contact with the property owner.
Findings of Fact:
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: the signs will be located within the Old Town
Overlay along Range Line Rd. Their locations will fit the character and context of the area. If the
road is ever widened, the signs can be moved to an alternate location on the property.
2.) The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because: the signs will be located within the Old
Town Overlay along Range Line Rd. Their locations will fit the character and context of the area.
If the road is ever widened, the signs can be moved to an alternate location on the property.
3.) The strict application of the terms of the Zoning Ordinance to the property will result in
practical difficulties in the use of the property because: the signs will have to be moved back
and will possibly affect the business and patrons negatively.
Recommendation:
The department recommends positive consideration of Docket No. 06020024 V.
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