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HomeMy WebLinkAboutDept Report 07-23-07 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT ,.June-2s;2007 <,..Ju/y c;(~ 2-007 2-4h. Burger King - West Carmel Marketplace The applicant seeks the following development standards variance approval: Docket No. 07050018 Section 27.08 minimum parking requirements Docket No. 07050020 Section 25.07.05 maximum number of drive-through menu boards Docket No. 07050021 Section 3 maximum percentage of logos on permitted signs/logo definition Docket No. 07070014 Section 23.C.ll.G Stacking spaces along the side of the building The site is located in West Carmel Marketplace and is zoned B3/Commercial Retail. Filed by Mike Dauss of Dauss Architects for Burger King Corporation and Duke Construction. General Info: The petitioner has requested three variances related to the construction of a new Burger King restaurant in West Carmel Marketplace. The variances would permit a reduction in parking of 19 spaces; the installation of a standard drive-through menu board system; and the use of their "button" logo, which includes the full text of the restaurant name. There are several other restaurants in West Carmel Marketplace; this would the first free-standing fast-food restaurant in this development. After discussion at the June 28th Special Studies Committee meeting, an additional variance application was filed. The additional variance requests stacking spaces located on the side of the building, rather than the rear, and was filed in response to concerns about site circulation and safety. Analysis: Because of the significant ~.tiJf.UIi. ~ .rG,U.~T~ amount of adjacent parking, as well as the alternative transportation paths and bicycle parking, the reduction of parking at the subject site is not a great concern. The ordinance requires 52 parking spaces based on the size of the proposed restaurant; 31 spaces have been proposed. Ten additional stacking spaces would be available at the drive-through window. Given that fast-food restaurants do a great deal of drive-through sales, and that turnover is quick compared to sit-down restaurants, the reduction in parking is acceptable. In addition, the reduction would allow for required landscaping. The variance for the sign logo is requested because the overall design of the sign, including the restaurant name, represents their logo. Therefore, the sign is 100% a logo sign, and the Sign Ordinance permits only 25% of the sign area to be a logo. This "button", or round sign would be placed at the front, or west elevation, and would be the only sign on site, with the exception of drive-through signage. Because the text, color, and configuration of the sign represents their logo, and because complying with the ordinance would necessitate installing a text sign as well as the "button" sign, the request in this case is a minor deviation from the Ordinance. The Ordinance permits a maximum of 16 square feet for drive-through menu signs. The petitioner has proposed two menu boards, measuring a total of 29.58 square feet. One menu board would advertise specials and meals, and would measure 17.34 square feet. The other menu board would advertise individual items, and measure 12.24 square feet. Both menu boards would be on a red metal frame, located just over a foot off the ground. The menu board would be smaller than that existing at the Wendy's restaurant, north of the subject site. However, the Wendy's menu board is designed as one piece, and presents a more cohesive appearance. If the proposed menu board sign for Burger King had the appearance of one sign, it would mitigate the overall size of the proposed sign. The building itself is designed with brick, cast stone, and EIFS trim as the primary materials. These materials should be integrated into the design of the sign, such as providing a brick base. The revised site plan, submitted July 13, 2007, indicates the drive-through lane located on the north, or side of the building, rather than to the rear as required by the Michigan Road/US 421 Overlay. The revision was a result of discussion of site circulation and safety during the Special Studies Committee meeting. The revised design would help limit the possibility of congestion at the east entrance to the site, and the drive-through lane would be screened to the north and west. It would also provide for greater separation between the parking lot and drive-through. Findings of Fact: Parking 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the adjacent commercial retail sites provide additional parking, and the nature of the proposed use does not dictate a large amount of parking at anyone time. 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 adjacent commercial retail sites provide additional parking, and the nature of the proposed use does not dictate a large amount of parking at anyone time. 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: A variance could be required to provide for reduced landscaping, if the required amount of parking were to be installed. Findings of Fact: Logo Sign 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the sign would be the only sign installed on the property, excluding the drive-through menu board and directional signs, and the design for this use is 100% logo, including the text. 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 sign would be the only sign installed on the property, excluding the drive-through menu board and directional signs, and the design for this use is 100% logo, including the text. 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: additional signage would be required to bring the logo to the required 25% of overall signage, which would have a negative visual impact. Findings of Fact: Menu Board 1. The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the menu board design could be changed to more closely match the design of the building and mitigate the size. 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 menu board design could be changed to more closely match the design of the building and mitigate the size 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: a compliant menu board could be constructed, and would still be legible by drivers. Findings of Fact: Drive-Through lane 4. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the location will provide for improved circulation, and will be screened by landscaping: 5. 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 location will provide for improved circulation, and will be screened by landscaping. 6. 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: a compliant drive-through lane location could present difficulties with regards to circulation and safety. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 07050018, 07050021, and 07070014, and negative consideration of Docket No. 07050020 after all questions/concerns are addressed.