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HomeMy WebLinkAboutFindings of Fact BALLOT SHEET CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA 01 II vvcS Docket Nos.: 09110017 V Section 25.07.02 -08.b: Frontage on a public street 09110018 V Section 25.07.02 -08.b: three signs for a single tenant building (anchor tenant) 09110019 V Section 25.07.02 -08.b: three signs facing west (anchor tenant) 09110020 V Section 25.07.02 -08.c: maximum sign area (anchor tenant) 09110021 V Section 25.07.02 -8.G: type of changeable copy for a sign 09110022 V Section 25.07.02 -11.g: copy, multi- tenant building complex directory sign 09110023 V Section 25.07.02 -11.d: maximum height of multi- tenant building complex sign Petitioner: Zinkan Barker Development Co., LLC. FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: 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: 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: 4101 DATED THIS 26' DAY OF Jafittary, 2010. f i Board Member CARMEL /CLAY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket Nos.: 09110017 V Section 25.07.02 -08.b: Frontage on a public street 09110018 V Section 25.07.02 -08.b: three signs for a single tenant building (anchor tenant) 09110019 V Section 25.07.02 -08.b: three signs facing west (anchor tenant) 09110020 V Section 25.07.02 -08.c: maximum sign area (anchor tenant) 09110021 V Section 25.07.02 -8.G: type of changeable copy for a sign 09110022 V Section 25.07.02 -11.g: copy, multi- tenant building complex directory sign 09110023 V Section 25.07.02 -11.d: maximum height of multi- tenant building complex sign Petitioner: Zinkan Barker Development Co., LLC. FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: See Attached sheets. 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: See Attached sheets. 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: See Attached sheets. DECISION IT IS THEREFORE the decision of the Carmel /Clay Board of Zoning Appeals that Variance Docket Nos. 09110017 09110023 V are granted, subject to any conditions stated in the minutes of this Board which are incorporated herein by reference and made a part hereof. Adopted this 26 day of April, 2010. f /e414 B A President, Carmel /Clay Board of Zoning Appeals 62-71 <-'11' cue SECRETARY, Carmel/ ,4 Bird of Zoning Appeals FINDINGS OF FACT 09110017 V: Section 25.07.02- 08(b), -09(b) and -11(b) Frontage on a public Street The applicant seeks approval to consider US 421 as street frontage for the purpose of regulating signage within the Multi- tenant Building Complex. 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 request will not change the location, design, or style of any sign within the center. The approval of this request will have little, if any, discernible affect on public health, safety, morals and general welfare of the community. 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: The request will not change the location, design, or style of any sign within the center. The approval of this request will have little, if any, discernible affect on the use and value of adjacent properties. 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 ordinance will prevent any sign within the center due to the ownership of a common area along the property frontage containing landscaping and stormwater management features. FINDINGS OF FACT 09110018 V: Section 25.07.02 -08(b) Three signs for single tenant building (Anchor Tenant) 09110019 V: Section 25.07.02 -08(b) Three signs facing west (Anchor Tenant) 09110020 V: Section 25.07.02 -08(c) Maximum sign area (Anchor Tenant) The applicant seeks approval to allow three wall signs, all facing west, for the anchor tenant within the center. FINDINGS OF FACT (requests F, G and H) 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The three signs will effectively address the wayfinding needs of the public as they enter the center and determine the appropriate building entrance or services provided at each location. The approval of this request will have little, if any, discernible affect on public health, safety, morals and general welfare of the community. 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: The three signs will effectively address the wayfinding needs of the public as they enter the center and determine the appropriate building entrance or services provided at each location. The approval of this request will have little, if any, discernible affect on the use and value of adjacent properties 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 ordinance will prevent conveying necessary information to the public as they enter the center needed to determine the appropriate building entrance or services provided at each location. FINDINGS OF FACT 09110021 V Section 3.07 Definitions Changeable Copy The applicant seeks approval to allow a remotely operated internal mechanical system that changes copy (display fuel pricing) as opposed to manually changing individual panels by hand to achieve the same result. This request is does not include an exposed led lighting source and is limited to the fuel station use on a ground sign and a multi- tenant building complex directory sign. 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: This request allows only for a more efficient system to change the display copy and has little, if any, discernible affect on public health, safety, morals and general welfare of the community. The display is not different than what is permitted by right if adjusted manually. 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: The request allows only for a more efficient system to change the display copy and the approval of this request will have little, if any, discernible affect on adjacent properties. The display is not different than what is permitted by right if adjusted manually. 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 ordinance will prevent a more efficient system to change the display copy. The display is not different than what is permitted by right if adjusted manually. FINDINGS OF FACT 09110022 V: Section 3.07 Definitions Multi- tenant Building Complex Directory Sign The applicant seeks approval to allow Changeable Copy on a multi- tenant building complex directory sign. FINDINGS OF FACT I The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The request will not change the location, design, or style of the sign and will allow for conveying fuel pricing to patrons of the center while on site and exiting the center allowing them to enter the fuel center without first exiting the center out onto US 421. The approval of this request will have little, if any, discernible affect on public health, safety, morals and general welfare of the community. 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: The request will not change the location, design, or style of the sign and will allow for conveying fuel pricing to patrons of the center while on site and exiting the center allowing them to enter the fuel center without first exiting the center out onto US 421. The approval of this request will have little, if any, discernible affect on the use and value of adjacent properties. 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 ordinance will prevent conveying fuel pricing to patrons of the center while on site. The patron would have to exit the center onto US 421 to assess pricing and then return after exiting. FINDINGS OF FACT 09110023 V: Section 25.07.02 -11(d) maximum height of multi- tenant building complex sign The applicant seeks approval to allow a multi- tenant building complex sign that exceeds the permitted sign height. 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 sign will effectively address the wayfinding needs of the motoring public. The approval of this request will have little, if any, discernible affect on public health, safety, morals and general welfare of the community. 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: The sign will effectively address the wayfinding needs of the motoring public. The approval of this request will have little, if any, discernible affect on the use and value of adjacent properties 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 ordinance will prevent adequately addressing the wayfinding needs of the motoring public.