HomeMy WebLinkAboutDept Report 03-26-07
CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
March 26, 2007
21-22h. Hamilton Beverage
The applicant seeks the following development standards variance approvals:
Docket No. 07020025 V Section 25.07.02-08.c maximum sign square footage
Docket No. 07020026 V Section 25.07.02-08.b sign oriented east
The site is located at 2290 E. 116th S1. and is zoned B-8/Business.
Filed by Mary Solada of Bingham McHale, LLP for United Package Liquors.
General Info:
>-
~ The petitioner is proposing to
revamp its wall signs and do some
renovations to the building, so that it
can occupy the whole building. The
petitioner seeks variance approval to
have a wall sign larger than what the
Sign Ordinance allows. The second
variance request is to have a wall
sign oriented to the east, which
fronts on a non-public drive, rather
than a public road.
Analysis:
This site had variance approval for
number of signs in 1979. This
business currently has two signs;
one wall sign is on the south fa9ade
and the other wall sign is on the east
fa9ade.
The Sign Ordinance permits the
wall sign facing 116th Street to be 45 sq ft in area. However, the proposed southern-facing wall sign is
122.87 sq ft in area (7.17' x 17.17') and the proposed eastern-facing wall sign is 53.67 sq ft in area (4.67'
x 11.5').
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There is a public drive just east ofthis site that leads to the Merchants' Square shopping center. The wall
sign facing toward this private drive can also be seen by westward bound traffic on 116th Street.
Plainly stated, the 116th Street sign is huge at 123 sq ft in area. The logo takes up 17% of the total sign
area, and the sign is comprised of three colors. The total sign is approximately 78 sq ft larger than what
the Ordinance allows. The Marsh sign, which sits back approximately 537 ft from 116th Street, is 150 sq ft
III area.
Rearranging the logo and text could reduce the sign size, since sign area is calculated by multiplying the
longest width by the longest height.
Findings of Fact: maximum sign size
1.) The approval of this variance will be injurious to the public health, safety, morals, and
general welfare of the community because: the southern facing wall sign will be 78 sq ft larger
than the sign ordinance allows. Businesses surrounding this site all have sign sizes that comply
with the ordinance; this would not be fair to them.
2.) The use and value of the area adjacent to the property included in the variance will be
affected in a substantially adverse manner because: the southern facing wall sign will be 78 sq
ft larger than the sign ordinance allows. Businesses surrounding this site all have sign sizes that
comply with the ordinance; this would not be fair to them.
3.) The strict application of the terms of the Zoning Ordinance to the property will not result in
practical difficulties in the use of the property because: the petitioner has the option of keeping
the existing signs on the building or erecting new signs that meet the sign ordinance requirements,
with each being 45 sq ft in area.
Findings of Fact: sign oriented east
1.) The approval of this variance will not be injurious to the public health, safety, morals, and
general welfare of the community because: previously, a sign was located on the east elevation
of this building for the same tenant.
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: previously, a sign was located on the east
elevation of this building for the same tenant.
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 new, proposed sign would not be
able to be placed on the east fa9ade of the building, even though its grandfathered sign exists there
today.
Recommendation:
The Dept. of Community Services recommends negative consideration of Docket No. 07020025 V
(maximum sign size), and
positive consideration of Docket No. 07020026 V (sign oriented east), after all questions/concerns are
addressed.