HomeMy WebLinkAboutDept ReportCARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
July 28, 2003
6h. Carmel City Centre
SW Corner of City Center Dr and 3rd Ave SW (V- 73 -03)
Petitioner seeks the following Development Standards Variance:
V -73 -03 03060023 25.7.03 -3(b) 2 temporary real estate signs
The site is located at the southwest corner of City Center Dr. and 3rd Ave SW, and the
site is zoned C -1 /City Center. Filed by Paul Reis of Drewry Simmons Pitts Vornehm,
LLP on behalf of Kosene Kosene.
General
Information:
The applicant
requests a
Development
Standards Variance,
in order to place 2
real estate signs on
one property, oriented
towards the same
street. The signs are
25 feet outside Street
Right -of -way, are 8
feet tall, but exceed
the one allowable
sign. The signs are
arranged so that the angle of separation between the faces of the sign shall not exceed sixty
degrees (60 The sign is advertising the sale of luxury condominiums at Carmel City Centre.
The development where the signs are placed is southwest of City Center Dr and 3rd Ave SW. The
site is zoned C1 /City- Center. Per the sign ordinance, real estate signs are temporary:
Background Information:
The developers have presented a DP /ADLS in front of the Plan Commission for the
luxury apartments, which is on land greater than five acres.
Analysis:
The two signs are in excess. Only one sign is needed, since one sign is 31.5 square feet in
area. The Sign Ordinance allows one sign per property frontage. The time duration for
real estates signs of this size for a multi family housing complex is "once eighty percent
(80 of units are leased, sold or occupied..." After that time, the real estate signs are
limited to "either ground sign, wall sign or window sign of six (6) square feet or less."
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 11
Findings of Fact:
1.) The approval of this variance will not be injurious to the public health,
safety, morals, and general welfare of the community because:
The existence of two V- shaped signs on this site will be injurious to the public health,
safety, morals and general welfare of the community because the signs will become an
eyesore because there are so many.
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:
It is the Department's opinion that the use and value of the area adjacent to the property
will be affected in a substantially adverse manner by allowing the two V- shaped signs.
Adjacent business' signs and their ability to attract will suffer.
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:
The strict application of the Zoning Ordinance will not result in practical difficulties in
the use of the property. If there is the justification for two signs at this location then the
Board should recommend to the Plan Commission that the Ordinance be amended to
allow all properties of this size to have two signs.
Recommendation:
The department recommends negative consideration of V- 73 -03.
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 12