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HomeMy WebLinkAboutDepartment Report CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT June 28, 2010 2d. Technicolor The applicant seeks the following development standards variance approvals: Docket No. 10050013V Ch. 3 Definitions Identification Sign 25% logo rule: "A logo, if desired, representing the building, business or institution op a sign in a unified center is limited to twenty five percent (25 of the Sign Area." a &L 4v1'i C,91.6Y, The site is located at 101 W. 103`' St. It is zoned B -1 within the US 31 Overlay Zone. Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of Technicolor. General Info: The Petitioner is requesting to allow a logo that is larger than 25% of the total Sign Area in a Multi- Tenant Multi- 4 Level Building. J 43; 4 4 ,1i Analysis: The request stems from a corporate name change for 7 1F the Petitioner from Thomson to Technicolor. Technicolor's logo is more than 50% of the total sign area. If Technicolor was the is a only tenant in this building there would be no need for this variance request. However, there is a small percentage of space in L l� the building that the Petitioner could lease out to another tenant if rt 3, III they so choose. jffF The Sign Ordinance definition of an Identification 1. r=4, 4 a Sign says "...A logo, if desired, representing the building, 5 2 business or institution on a sign in a Unified Center is limited to twenty five percent (25 of the Sign Area." Unified Center is defined as "A grouping of businesses or buildings designed to function as a unit including converted residential structures with more than one occupant space." This building is considered part of a Unified Center. If Technicolor leased this space out, the exterior wall signs (without this variance approval) would then be in violation of the Sign Ordinance. So the Petitioner has decided to be pro- active in asking for this variance now rather than to potentially be in violation of the Sign Ordinance in the future with the addition of another tenant(s). The Department is in support of this variance request. Findings of Fact: Logo more than 25 of total sign area 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The proposed signage is permitted by the Zoning Ordinance. As proposed, the Identification Sign would remain unchanged if a portion of the building is later leased to an additional tenant. This change in tenant occupancy would present no threat to public health, safety, morals and general welfare. 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 proposed sign is permitted by the Zoning Ordinance unless and until the building tenant would decide to lease a portion of the building to another tenant. Leasing a portion of the building to another tenant would have no impact on the use and value of adjacent property. 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 proposed sign is permitted by the Zoning Ordinance unless and until the building tenant would decide to lease a portion of the building to another tenant. Therefore the strict application of the Zoning Ordinance would require a change to permitted signage for the building with one tenant due to the addition of another tenant. This standard results in a practical difficultly in the otherwise consistent identification of the building when and if an additional tenant were to occupy the building. Recommendation: The Dept. of Community Services recommends positive consideration of Docket No. 10050013 V after all concerns have been addressed.