HomeMy WebLinkAboutDept Report 01-22-07
CARMEL BOARD OF ZONING APPEALS
DEPARTMENT REPORT
Jan. 22,2007
8-10j. West Carmel Shoppes (& Walgreen's) - Signage
The applicant seeks the following development standards variance approval:
Docket No. 06120007 V Section 25.07 Sign Chart B sign height
Docket No. 06120008 V Section 25.07.01.04 off-premise sign
Docket No. 06120009 V Sections 25.07.01.08, 25.07.02.09 total number of signs
The site is located at southeast comer of 106th St and US 421 is zoned B-3/Business and within the US
421 Overlay. Filed by Paul Reis of Bose McKinney & Evans, LLP.
General Info:
The petitioner seeks variance approval for a multi-
tenant shopping center identification sign that is
10-ft in height and is off-premise. The sign will be
on the Walgreen's property, and will include
Walgreen's as one ofthe tenants on the changeable
copy (tenant signs).
Walgreen's currently has many sign variance
approvals for all of their signs.
Analysis:
The sign ordinance only allows a center
identification sign to be 7- ft in height, and a sign
must be on the same property as the
businesses/shopping center it is identifying. The
presence ofthis multi-tenant sign on the
Walgreen's property exceeds the total number of signs for this parcel and exceeds the total number of
signs for the West Carmel Shoppes parcel.
West Carmel Shoppes has existed for 8 years and has not needed a multi-tenant sign, let alone an off-
premise multi-tenant sign. Each tenant of the West Carmel Shoppes already has signage, which meets the
sign ordinance requirements.
Findings of Fact: Sign Height
1.) The approval of this variance will be injurious to the public health, safety, morals, and
general welfare of the community because: the proposed height of this sign is excessive for its
location at the busy intersection of 106th Street and Michigan Rd.
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 proposed height of this sign is
excessive for its location at the busy intersection of 106th Street and Michigan Rd.
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 sign can be made to be 7 -ft in
height and still adequately represent each tenant in its shopping center.
Findings of Fact: Off-Premise Sign
1.) The approval of this variance will be injurious to the public health, safety, morals, and
general welfare of the community because: the sign will be off-premise and at a major road
intersection, possibly giving an unfair advantage to this shopping center, which never asked for
off-premise sign before.
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 sign will be off-premise and at a major
road intersection, possibly giving an unfair advantage to this shopping center, which never asked
for off-premise sign before.
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 sign could possibly be placed on
the shopping center site, which is approx, 300 ft east ofthe proposed sign location.
Findings of Fact: Total Number of Signs
1.) The approval of this variance will be injurious to the public health, safety, morals, and
general welfare of the community because: The Walgreens site already has much signage and
each tenant of the West Carmel Shoppes already has signage, which meets the sign ordinance
requirements.
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 Walgreens site already has an
excessive amount of signage and each tenant of the West Carmel Shoppes already has signage,
which meets the sign ordinance requirements.
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 shopping center already has wall
signs above each tenant space within the shopping center development, which meets the current
sign ordinance requirements. The Walgreens site already has much signage.
Recommendation:
The Dept. of Community Services recommends negative consideration of Docket Nos. 06120007 V,
06120008 V, and 06120009 V after all questions/concerns are addressed.