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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'). MERCHANTS SQIlJARE DR AST ~ :c T'"" C') ~ ~ T'"" !;f a: en 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.