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CARMEL BOARD OF ZONING APPEALS
HEARING OFFICER DEPARTMENT REPORT
October 27, 2008
3-4d. Dairy Queen - Signage
The applicant seeks the following development standards variance approval:
Docket No. 08090030 V Ch. 25.07.02-08 b) Number of signs
Docket No. 08090031 V Ch. 25.()7.02-()8 c) Maximum s<)uare footage:
a) north fa~ade
b) south fa~ade
c) west facade
The site is located at 951 N. Rangeline Rd. It is zoned B-3, Wide variety of industrial, commercial, and office uses
in transitional locations. Filcd by Mina Khoury of Khoury Enterprises.
General Info: In May of2007, the Carmel Dairy Queen on
Rangeline Rd. burnt down. A new building is currently
under construction to replace it. The variance requests are
for new signs on the building.
Analysis: Prior to the fire, variances (Dockct No. 19-74 V
and SV 28-93) were granted tor a ground sign with
changeable copy to replace an existing non-conforming pole
sign, in addition to the existing wall sign for this site.
One of the variance requests by the Petitioner is to transfer
the rights of the previous ground sign variance to the north
and south sides of the building, however, in the form of wall
signs. Although the Department is supportive of this
transfer, the previous variance was for a 30 sq. ft. sign only. In comparison, the proposed north wall sign is
requested to be 50 sq. n., and the south wall sign is proposed to be 80 sq. ft.
There is also a variance requested for the west facing wall sign square footage, which is proposed to be 147 sq. ft.
versus 30 sq. ft. which is currently allowed.
The yellow bars on thc drawing above show where the proposed signs want to be located. The black dotted line
shows the approximate new location of the new building. Each of the new signs will have the "DQ" logo and a
cabinct sign that says "Grill and Chill" underneath (or beside it - as is the case for the west sign). The sign
ordinance considers each sign as a separate sign that is installed on the same fa<;ade. Thus, there are six signs
proposed, instead of the two (or three - ground sign split into two wall signs) pcnnittcd.
The Department is in support of the 5 of the 6 signs proposed. However, while the Petitioner and the Department
have worked very closely on the re-buiLd project, and the Department is supportive of the ground sign to wall sign
transfer, the Department is not in support of the requests for additional square footage, which are excessive when
compared to what is allowed by thc Sign Ordinance, and, what other comparable businesses have been allowed.
With the above in mind, the Dcpartmcnt would like to propose three alternatives that we feel are supportive of the
petitioner, but more in keeping with the community by reducing the overall number of signs and total sign area.
First, the Department proposes to reducc the proposcd number of signs on north elevation from two signs to one,
such that the only sign is the DQ logo. This would also adjust the sign are downward to 28 square feet, which is
consistent with the area from the previous ground sign variance (30 sq. ft.), and allows for a sign that better fits the
area of the building.
The second suggestion is to reduce the sign square footage proposed for the south elevation signs to 50 sq. ft. of
signage, instead of 80 sq. ft.
Our third suggestion is to allow the west elevation signage to have the 80 sq. ft. signs (l01 sq. fL side by side).
These modifications would reduce the Petitioner's proposed sign area by from 277 sq. ft. to 179 sq. ft. These
modiflcations are all achievable by simply shifting signs from one fayade to another, and through the elimination of
"grill and chill".
Staff stands ready to elaborate on any of the above.
Findings of ~Fact: Number of signs
1. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of tbe community because: the signs will be located on the walls of the building and will not
obscure drivers' vision. The signs are necessary for identification and are similar to other signs in the area.
2. Thc use and value of tbe area adjacent to the property included in the variance will oot be affected in
a substantially adverse manner because: this site is in a commercial area with other businesses that have
signs installed as well.
3. The strict application of the terms of the Zoning Ordinance to the property wiJI result in practical
difficulties in the use of the property because: the removal of the ground sign takes away the advance
notice to customers when to turn into the site. With the addition of the signs on the north and south facades,
that becomes far less of an issue.
Findings of Fact: Maximum Square footage
1. The approval of this variance will not be injurious to the public health, safety, morals, and general
welfare of the communit)' because: the signs are meant to serve identification purposes. The sizcs of the
proposed signs will not hinder traffic or visioTl clearance.
2. Tbe use and value of the area adj acent to the property included in the variance will not be affected in
a substantially adverse manner because: the signs serve as identification purposes only. Other businesses
in the area also have signs.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical
difficolties in the use of the property because: the signs are standard sizes that DQ allows its franchises
to have. Having to create custom signs would be costly and not time-effective. The new building is nearing
completion, and is ready to have new signs installed for the grand re-opening.
Recommendation:
The Dept. of Community Services recommends positive consideration of Dod:et Nos. 08090030 and
08090031 V after all issues and conccms have been addressed.