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Boone, Rachel M.
From: Reis, Paul [preis@boselaw.com]
Sent: Tuesday, April 22, 20083:01 PM
To: Hollibaugh, Mike P; Holmes, Christine B; Boone, Rachel M.
Cc: Brainard, James C
Subject: USTA - Midwest Youth Tennis Ground Signage
Importance: High
Mike, Christine and Rachel:
I had a lengthy conversation with the Building Committtee of the :tvIidwest Youth Tennis Foundation this
morning to discuss the upcoming BZA meeting and tl1eu variance for the ground sign. As a non-plOfit
organization, it is very concerned about the vitality of its building and the tenants within the building. In my
conversation with I'vfike last week, he indicated that the Department would not support the variances
primarily because of the location of the sign being" off premises." I respectfully request tlut you reconsider
your position and support the variances. Last Friday '\ve submitted a supplemental information booklet in
support of the variances to address the issues raised in our meeting with Christine and Rachel. Support for
this variance will not in any way set a precedent or necessarily establish a department position to support off
premises signs. Each variance request is unique and the facts of this case are unlike any other case of which
I am aware. In tllls case the proposed location of the sign is in right-of-way that was obtained for a county
road project that has long since been abandoned. The location of the sign in the right of way will not ill any
affect the old county right of way and the Board of Public Works and Safety has granted, without
conditions, approval for the location of the sign ill this right of way. But for this right of way, the
Foundation's site would have extended to the right of way of 96th Street and the sign would be on its
property. 1 don't know of a property that is adjacent to a right of way that: was obtained for a project that is
now abandoned, which is not being used for right of way purposes at this time and which is not shown on
the 20 Year Thoroughfare Plan to be used in the future. The proposed sign location is outside of the
prescribed right of way for 96th Street. I do not believe that support for this unique situation could
reasonably be applied to a situation where a pertitioner is seeking to place a sign for its business on the
private land of another. If the sign wer.e placed on the Foundation property, it would be so far to the north
and away from the street that it \vould not be visible to vehicular traffic. As is explalOed in the supplemental
information booklet, this signage 1S critical to the attraction and maintenance of tenants in the FOlUldation's
building. The entrance sign age on Five Seasons property identifies only Five Seasons and the address of the
Five Seasons facility. Any sign age for the Foundation's building at the entrance would be the classic off
premises sign situation. I am of the opimon that these facts present the practical difficulties .in the use of the
property to support the variances. Your reconsideration will be greatly appreciated.
Should you need any additional information or if you would like to discuss this further, please contact me.
Best Regards,
Paul
Paul G. Reis, Esq.
Bose McKinney & Evans LLP
Carmel - North Offi.cc
Meridian Corporate Plaza II
4/22/2008
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4/22/2008