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HomeMy WebLinkAboutCorrespondence Page 1 oi2 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 Page 2 of2 301 Pennsylvania Parkway Suite 300 Indianapolis, Indiana 46280 PRc:is@pgs{;l'l'\;,'~C111.l (317) 684-5369 (direct) (317) 223-0369 (fax) (317) 684-5300 (firm) '\Y..'.Y}y':Qg-,,,~I!:l'.Y:c::911} This message is from the law firm Bose McKinney & Evans LLP. This message and any attachments may contain legally privileged or confidential information, and are intended only fo.r the individual or entity identified above as the addressee. If YOLl are not the addressee, or if this message has been addressed to YOLl in error, you are not authorized to read, copy, or distribute this message and any attachments, and we ask that you please delete this message and attachments (including all copies) and notify the sender by return a-mail or by phone at 317 -684-5000. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or a privilege. All personal messages express views only of the sender, which are not to be attributed to Bose McKinney & Evans LLP, and may not be copied or distributed without this statement. 4/22/2008