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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT May 21, 2007 30-31h. Merchants' Square: Qdoba The applicant seeks the following development standards variance approvals: Docket No. 07040011 V Section 25.07.02.12.B Number of window signs Docket No. 07040012 V Section 25.07.01-04 Prohibited signs, A frame The site is located at 2328 E 116th St. and is zoned B-8/Business within the SR 431 Overlay. Filed by Doug Kauffinan of National Image Solutions. WATERFORD LN ( l~ General Info: The petitioner is proposing to legally establish its existing three window signs and one, A-frame sign. The petitioner seeks variance approval to have more, and larger window signs than the Sign Ordinance allows. The second variance request is to keep an A-frame sign that is placed outside during business hours for advertising purposes. Analysis: This site currently has four permanent signs and the A-frame sign. The Sign Ordinance permits the wall sign facing the interior of Merchant's Square to be 45 sq ft in area. They are also permitted one illuminated window sign, measuring no more than 3 square feet. The three window signs, which are illuminated, measure as follows: "Open"-3.33 square feet "For Breakfast"-2.16 square feet "We Cater" -1.197 square feet. The window signs are in sum 3.687 square feet over the permitted size, or more than double what the Sign Ordinance allows. As the petitioner is permitted one, three-square foot illuminated sign, as well as a 45- square foot wall sign, the additional signs are unnecessary, and no practical difficulty exists. Findings of Fact: number of window signs 1.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the additional window signs will be 3.687 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 additional window signs will be 3.687 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 installing one, 3-square foot illuminated window sign (typically an "Open" sign) which would be permitted, and in keeping with the other tenants in the retail center. Findings of Fact: prohibited signs: A-frame sign 1.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: A-frame signs which block or partially block pedestrian walkways present a safety hazard and a distraction to drivers, as well as setting a precedent for other merchants in this retail center. 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: A-frame signs which block or partially block pedestrian walkways present a safety hazard and a distraction to drivers, as well as setting a precedent for other merchants in this retail center. 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 services advertised on the sign may be advertised inside the site and on menus. Recommendation: The Dept. of Community Services recommends negative consideration of Docket No. 07040011 V (number of window signs), and Docket No. 07040012 V (prohibited signs: A-frame sign).