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HomeMy WebLinkAboutMinutes BZA 08-27-07 Hearing Officer City of Carmel Carmel Board of Zoning Appeals Hearing Officer Monday, August 27,2007 The meeting was held at 5 :30 PM in the Caucus Rooms of City Hall, Cannel, Indiana on Monday, August 27, 2007. The Hearing Officer was James R. Hawkins. Department of Community Services Staff in attendance was Rachel Boone and Christine Barton- Holmes. John Molitor, Legal Counsel, was also present. D. Public Hearing: 1 D. House Investments Capital Markets X, LLC - Signage The applicant seeks the following development standards variance approval: Docket No. 07070026 V Section 25.07.02-09 Additional sign on building fa(,'ade. The site is located at 10401 North Meridian Street and is zoned B liB usiness Filed by Jim Shinaver of Nelson & Frankenberger for House Investments Capital Markets X, LLC Present for the Petitioner: Jim Shinaver, Nelson & Frankenberger. Also present was George Dury, Dury Investments, the tenant. The location was indicated in the brochure behind Tab 2. The office building has been approved through the Plan Commission process. The primary tenant, House Investments, has a sign. This additional sign would be needed for Dury Investments, the second tenant in the building. According to the Department Report, this sign is important for visitors to the building and the sign does meet the size requirements of the Sign Ordinance. The signs will not be illuminated. They had spoken with the neighbors during the Plan Commission process and had not met with any opposition. Members of the public were invited to speak in favor or opposition to the petition; no one appeared. The Public Hearing was closed. Miss Boone gave the Department Report. The sign meets all the requirements for the Sign Ordinance. Since it is not illuminated, it will not bother the residents to the nort.h. The Department was in support of this additional sign. However, the signs will need an additional variance for not facing a public street. The Petitioner did not receive this information with enough time for a public notice. Mr. Shinaver stated there is a monument sign. The Staff realized after public notice had been made that this additional variance would be needed for the signs not facing a public street. Mr. Dury will hopefully be filing the variance request in time for the next BZA Hearing Officer meeting. That should not delay the decision at this meeting on the number of signs. They hoped the fee for the new variance would be calculated as an additional variance. Miss Boone stated the Department agreed with that procedure. Carmel Board of Zoning Appeals Hearing Officer Minutes August 27, 2007 . Mr. Molitor stated that procedure could be palt of the Findings of Fact or this docket could be tabled to be decided with the new variance. Mr. Hawkins APPROVED Docket No. 07070026 V House Investments Capital Markets X, LLC _ Sign age, with additional Finding that the future variance regarding off-street signage will be incorporated into the original petition. 2-3D. Irwin Union Bank - Signage The applicant seeks the following development standards variance approval: Docket No. 07070027 V Section 25.07.02-09 Sign located in the right-or-way. Docket No. 97079028 V SectioD 15.(J7.IJ2 09 Wall SigH larger than permitted. The site is located on West Cannel Drive in the Camlel Science and Technology Park, and is zoned M3/Industrial Park Filed by Jim Shinaver of Nelson & Frankenberger for Irwin Union Realty Corporation and Irwin Union Bank Present for the Petitioner: Jim Shinaver, Nelson & Frankenberger. Also present were Mike Reed, Irwin Union Banle, Shawn Green, Green Sign Company and Brandon Burke, Schneider Corporation. An aerial photograph ofthe location was shown. City Center Drive is a fairly wide street with a median. However, in the Thoroughfare Plan there is an additional large amount of existing unused right-of- way. A scale drawing of the proposed site plan with the location of the ground sign was shown. According to the Department Report, the proposed ground sign will be set back 22 feet 3 inches fro111 the center line of the adjacent roadway. The building is set back 60 feet. The sign would need to be set back an additional 10 to 12 feet to be outside of the right-of-way. The Petitioner's concern is that people need to be able to see the sign in enough time to make the right-hand turn. They felt it would be compromised ifthey placed it further offthe right-of-way. The Plan Commission has already reviewed the site design for this bank building. Members of the public were invited to speak in favor or opposition to the petition; no one appeared. The Public Hearing was closed. Miss Boone gave the Department Report. Due to the layout of the site, placing the sign further back would not benefit anyone driving by. The Department felt the sign placement of 22 feet from the road was appropriate for safety and visibility. The sign fits with the size requirements. The revised agenda stated Docket No. 07070028 V for wall sign size was not required. There will be three signs 011 the site; two on the walls and this grolmd sign. They have three frontages; so the number of signs is within the Ordinance. The Department supported this variance. Mr. Hawkins asked if they would need any other pernlits. Mr. Shinaver stated that after this variance is granted, they would need to work with the Department of Engineering to have this placed on the Board of Public Works Agenda for a consent to encroach into the right-of-way. Then they would apply for the sign permit. Mr. Molitor confirmed the City Board of Public Works does not like to see items until the previous Commissions, Boards and Departments have signed off on it. Page 2 of3 Carmel Board of Zoning Appeals Hearing Officer Minutes August 27,2007 Mr. Hawkins asked about future road expansion and the relocation of the sign. Mr. Shinaver stated that through the Board of Public Works consent to encroach process some of the standard provisions require the Petitioner to agree to any expense to relocate the sign. It is in the right-of- way with the permission ofthe City and the City does not incur any liability or cost if the sign has to be relocated. Mr. Molitor confirmed the Board is Public Works is very careful not to expose the City to any future liability. Mr. Shinaver stated that after the consent to encroach is signed by the Petitioner through the Engineering Department, then it goes through Doug Haney in the Legal Department for review and approval before the Clerk-Treasurer will put it on the Board of Public Works Agenda. :Mr. Hawkins APPROVED Docket No. 07070027 V, Irwin Union Bank Signage. I. Old Business There was no Old Business. J. New Business There was no New Business. K. Adjournment The meeting was adjourned at 5:45 PM. ) J'" . ~~., Connie Tingley, Secre /. S:\Board of Zoning Appeals\Minutes\Hearing Officer - 2007\20070827 Hearing Officer.rtf Page 3 of 3