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DEPARTMENT OF COMMUNITY SERVICES
Division of Planning Zoning
March 20, 2002
Department Report
To: Board of Zoning Appeals Members
From: Department of Community Services
Re: Projects scheduled to be heard Monday, March 25, 2002
H. Public Hearing
lh. This Item Currently Tabled at Petitioner's Request:
WTF Sprint Spectrum (A- 97 -01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower. The site is located at
1388 Queen's Way. The site is zoned S -1 /Residence Very Low Density.
On Ausust 23. 2001. the Director issued a letter revoking the buildins Dermit (Permit No.
627.OIB) for the antenna on this site. The Department believes it would be premature to
consider this petition until the matter of the Subdivision of the Subject Property has been
addressed
The Detitioner has reauested that this Item be Tabled until such time as the matter of the
Subdivision of the property has been addressed
Page 1
Department Report
Board of Zoning Appeals
March 25, 2002
Page 2 of 15
2 -3h. Bauer Commercial World Wide Motors (V- 163 -01; V- 164 -01)
Petitioner seeks approval to vary Section 25.7.02 -7(b) in order to establish a third
Identification Sign. The petitioner also seeks approval to vary Section 25.7.02 -7(e) in
order to establish a Ground Identification Sign within the setback from the proposed
right -of -way as identified on the Thoroughfare Plan. The site is located at 3900 East 96
Street. The site is zoned B -3 /Business.
V- 163 -01 Section 25.7.02 -7(b): Number Type Petition to allow three (3) Special
Use Identification Signs.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Sign Ordinance
(ZO Section 25.7; Z -302), the appropriate number of signs for a Special Use is one
(1) sign per frontage on a public street, thereby allowing this site two (2) signs by
virtue of its fronting on East 96 Street and Marie Drive.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to establish signage that is not permitted other
occupants of either single- tenant or Special Use buildings in the community. It is,
therefore, the Department's opinion that there will be injury to the public health,
safety, morals and general welfare of the community through the granting of this
petition for three (3) signs.
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; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of three signs on this site.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
No practical difficulty exists on this site that would support the granting of three
signs. The site has been successfully utilized as an automobile dealership for
eight years without three signs, and there is no evidence to suggest that it will not
continue to be successfully utilized without the third sign.
Page 2
Department Report
Board of Zoning Appeals
March 25, 2002
Page 3 of 15
V- 164 -01 Section 25.7.02 -7(e): Location Petition to establish a Ground Identification
Sign within the setback from the proposed right -of -way as identified on the Thoroughfare
Plan.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Sign Ordinance
(ZO Section 25.7; Z -302), the appropriate setback for a ground sign is a minimum
of five (5) feet from existing right -of -way or proposed right -of -way per the Carmel
Clay Thoroughfare Plan, whichever is greater. The proposed right -of -way for East
96 Street in this area is a 75 -foot half. This would require any ground sign to be
located a minimum of eighty feet from the centerline of East 96 Street.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to establish signage in a location that is not permitted to
other businesses in the community. It is, therefore, the Department's opinion that
there will be injury to the public health, safety, morals and general welfare of the
community through the granting of this petition.
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; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of the sign in this location.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
No practical difficulty exists on this site that would support the granting of a
reduced setback for this sign.
The Department recommends negative consideration of these petitions
Should the Board decide to grant these petitions, the Department recommends that they
be Conditioned upon the recording of Commitments that require the removal of the sign at the
owner's expense at such time as the City or other unit of government acquires additional right
of -way necessitating relocation of the sign. A draft of these Commitments has been submitted to
the Department, and a report as to its acceptability will be made at the hearing
Page 3
Department Report
Board of Zoning Appeals
March 25, 2002
Page 4 of 15
4 -1Oh. Carmel/Clay Schools Forest Dale Elementary (SUA -1 -02; V -2 -02; V -3 -02; V -4 -02;
V -5 -02; V -6 -02; V -7 -02)
Petitioner seeks approval of a 25578- square -foot addition to an existing 78000- square-
foot School of General Elementary Education on 22.251± acres. Petitioner also seeks the
following Developmental Standards Variances:
V -2 -02 ZO 25.7.01 -2 27.17- square -foot Traffic Directional Sign A
V -3 -02
ZO 25.7.01 -2
26.83- square -foot Traffic Directional Sign B
V -4 -02
ZO 25.7.01 -2
26.83- square -foot Traffic Directional Sign C
V -5 -02
ZO 25.7.01 -2
26.83- square -foot Traffic Directional Sign D
V -6 -02 ZO 25.7.02- 5(c)(ii) 24- square -foot Changeable Copy Sign
V -7 -02 ZO 25.7.02 -5(d) 6'2" Ground Sign
The site is located at 10721 Lakeshore Drive West. The site is zoned S -2 /Residence.
Please note the following modifications to the Traffic Directional Signs: a) Sian A has
been reduced to 12.33 square feet in area, b) Signs B, C, and D have been reduced to 14.5 square
feet in area (see Sheet G4.1 in the informational packet)
The Department recommends favorable consideration of Docket No. SUA -1 -02
The Department recommends favorable consideration of Docket Nos. V -2 -02 through V-
7-02. The Department recognizes that there is a unique need at educational facilities to direct
Darents and other visitors to the aDDronriate entrances for the varietv of functions that may be
held
Page 4
Department Report
Board of Zoning Appeals
March 25, 2002
Page 5 of 15
I lh. Merchants' Pointe, Lot 2 O'Charley's (V -9 -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02 -8(b)
in order to install a wall identification sign on a facade without frontage on a public
street.
The site is located at 2293 East 116 Street. The site is zoned B -8 /Business.
Docket No. V -9 -02 has been TABLED to the Monday, April 22, 2002, agenda of the
Board of Zoning Appeals due to defective Public Notice
Page 5
Department Report
Board of Zoning Appeals
March 25, 2002
Page 6 of 15
12 -14h. Long Branch Estates, Section 1, Block C (SU- 10 -02; V- 11 -02; V- 12 -02)
Petitioner seeks Special Use approval in order to establish a Private Recreational Facility
on 6.211± acres. Petitioner also seeks the following Developmental Standards Variances:
V -11 -02 ZO 25.17.1(A) 880- square -foot Commercial Swimming Pool
V -12 -02 ZO 26.4.5(c) Zero -foot (0') front bufferyard
The site is located at 3834 Castle Rock Drive. The site is zoned S -1 /Residence Estate.
V -11 -02 Section 25.17 ](A) Petition to establish an eight hundred eighty- square -foot
Commercial Swimming Pool.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Zoning
Ordinance (ZO Section 25.17.1(A)), the appropriate area for a Commercial
Swimming Pool is a minimum of two thousand (2000) square feet.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to establish the use in a manner that is not permitted to
others in the community. It is, therefore, the Department's opinion that there will
be injury to the public health, safety, morals and general welfare of the
community through the granting of this petition.
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; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of an eight hundred eighty- square -foot pool rather than a two thousand- square-
foot pool.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
No practical difficulty exists on this site that would suggest that it is incapable of
supporting a two thousand square -foot pool.
Page 6
Department Report
Board of Zoning Appeals
March 25, 2002
Page 7 of 15
V -12 -02 Section 26.4.5(c) Petition to eliminate a five -foot (5') bufferyard along the
front lot line.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Zoning
Ordinance (ZO Section 26.4.5(c)), the appropriate minimum width of a front
bufferyard for a commercial property adjacent to residential is five feet.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to eliminate a protective landscape buffer that is
intended to protect residential uses from immediate adjacency to stark commercial
property. It is, therefore, the Department's opinion that there will be injury to the
public health, safety, morals and general welfare of the community through the
granting of this petition.
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; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the elimination
of the five -foot landscape buffer.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
No practical difficulty exists on this site that would suggest that it is incapable of
supporting a five -foot front bufferyard.
Page 7
Department Report
Board of Zoning Appeals
March 25, 2002
Page 8 of 15
The Department recommends favorable consideration of Docket No. SU- 10 -02. the
petition for a Private Recreational Facility, Conditioned upon the following
1) That the Lifeguard Commitment be rendered as a recordable document.
2) That the Commercial Swimming Pool be a minimum of two thousand square feet in
area (requires a denial of Docket No. V- 11 -02).
3) That revised site plans be submitted to the Department illustrating the two thousand
square -foot pool.
4) That the five foot -wide front bufferyard be installed (requires a denial of Docket No.
V- 12 -02).
5) That a revised Landscape Plan be submitted showing the side bufferyard plantings
extending along the entire length of the side lot lines of the Lots adjoining to the
east and west, as well as showing the five -foot front bufferyard.
The Department recommends negative consideration of Docket Nos. V -11 -02 and V -12-
02.
Page 8
Department Report
Board of Zoning Appeals
March 25, 2002
Page 9 of 15
15h. Bauer Commercial Park Penske Honda, Building 1 (V- 13a -02; V- 13b -02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02 -7(c)
in order to establish a 123.5- square -foot Paint Body Shop sign on the west facade of
the building. Petitioner also seeks the Board's approval of the final design of the 90-
square -foot Identification Sign approved per Docket No. V- 101 -01 on September 24,
2001.
The site is located at 4100 East 96 Street. The site is zoned B -3 /Business.
V -13 -02 Section 25.7.02 -7(c): Maximum Sign Area Petition to allow a 123.5- square-
foot Identification Sign.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defined by the Sign Ordinance
(ZO Section 25.7; Z -302), the appropriate Maximum Sign Area for an
Identification Sign in the given location (101 -300 feet from a Non Freeway; 370
foot frontage), however, would be one hundred five (105) square feet. A one
hundred five square -foot sign has already been approved for this location.
Injury to the general welfare would be sustained through the granting to the
property owner the ability to establish signage that is not permitted other
occupants of either single- tenant or Special Use buildings in the community. It is,
therefore, the Department's opinion that there will be injury to the public health,
safety, morals and general welfare of the community through the granting of this
petition for a 123.5- square -foot sign.
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; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the installation
of a 123.5- square -foot sign on this site.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
No practical difficulty exists on this site that would support the granting of a
123.5- square -foot sign. The site has been successfully utilized as an automobile
dealership for several years without a 123.5- square -foot sign in this location, and
there is no evidence to suggest that it will not continue to be successfully utilized
without a 123.5- square -foot sign.
Page 9
Department Report
Board of Zoning Appeals
March 25, 2002
Page 10 of 15
The Department recommends negative consideration of the petition for a 123.5- square-
foot sign. The 105 square -foot sign area approved at this location is more than adequate
With respect to the request for a determination regarding the aesthetics of the sign
approved under Docket No. V- 101 -01, the Department makes no recommendation
Page 10
Department Report
Board of Zoning Appeals
March 25, 2002
Page 11 of 15
Item 15h.
exhibit A
Board of Zoning Appeals Minutes
September 24, 2001
18 -22h. Bauer Commercial UAG Honda (V- 100 -01; V- 101 -01; V- 102 -01; V- 103 -01; V- 104 -01)
Petitioner seeks the following Developmental Standards Variances of the Sign Ordinance:
V- 100 -01 Section 25.7.02 -7(b): Number Type 5 Identification Signs
V- 101 -01 Section 25.7.02 -7(c): Maximum Sign Area 80- square -foot wall sign
V- 102 -01 Section 25.7.02 -7(c): Maximum Sign Area 52.57 ground sign
V- 103 -01 Section 25.7.02 -7(c): Maximum Sign Area 72.33 wall sign
V- 104 -01 Section 25.7.02 -7(d): Maximum Height of Ground Sign 8' 9" sign
The site is located at 4100 East 96 Street. The site is zoned B-3/Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Dan Young Motors.
Note: Laurence Lillig reported that V- 103 -01 was amended to a 105- square -foot wall sign rather than the 72.33
square -foot sign.
23 -25h. Bauer Commercial UAG Honda (V- 105 -01; V- 106 -01; V- 107 -01)
Petitioner seeks the following Developmental Standards Variances of the Sign Ordinance:
V- 105 -01 Section 25.7.02 -7(b): Number Type 5 Identification Signs
V- 106 -01 Section 25.7.02 -7(c): Maximum Sign Area 52.57 ground sign
V- 107 -01 Section 25.7.02 -7(d): Maximum Height of Ground Sign 8' 9" sign
The site is located at 4140 East 96 Street. The site is zoned B-3/Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Dan Young Motors.
Jim Shinaver, attorney with Nelson Frankenberger, appeared before the Board representing the petitioner. Sign
variances are being requested for buildings located at 4100 East 96 Street and 4140 East 96 Street, north of 96
Street and east of Lakeshore Drive. Al Young, president of Dan Young Motors, and Chuck Kotterman, architect,
were also present.
The petitioner has officially withdrawn Docket No. V- 104 -01 and V- 107 -01, inasmuch as those variances relate to
the height of the proposed ground sign. Since the height of the proposed ground sign has been decreased, these two
variances are no longer necessary.
Jim Shinaver explained the location of the ground sign at the western corner near the intersection of Lake Shore
Drive and 96 Street. Three wall identification signs are being requested on the south elevation of Building #1
(4100 East 96 Street) and one wall identification sign on the western elevation of Building #1. The first sign is
essentially the "Honda" logo, 80 square feet in size; the "H" will be blue in color, and the border will be blue —the
background will remain the white EIFS that already exists. The sign will be internally illuminated.
The "Pre- Owned" sign will be 20.25 square feet; the letters will be blue, internally illuminated. To the right of the
"H" is the "Certified" sign, 18 square feet, blue lettering, and internally illuminated.
The west elevation for Building #1 is the location for the proposed "Paint" and "Body Shop" entrance signs. The
variance for this particular sign has been amended to provide for a sign 105 square feet in size. The lettering will be
blue and internally illuminated.
The only variance request for signage on Building #2 (4140 East 96 Street) is for a ground sign at the property
dividing line between Buildings 1 and #2.
The proposed ground sign for Building #1 is located near the intersection of East 96 Street and Lakeshore Drive
East. The sign, including the base, is 8 feet in height, 7.3 inches in width. The background of the sign will be blue,
and all other lettering aspects of the sign, including the logo, will be white. The sign will also be internally
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Department Report
Board of Zoning Appeals
March 25, 2002
Page 12 of 15
illuminated. The square footage of the sign, including the base, is 58 square feet —excluding the base the total
square area of the sign is 52.57 square feet in size.
The ground sign for Building #2 has a blue background with the white "goalpost" Honda logo, border, and lettering.
This sign is exactly the same as the proposed ground sign for Building #1.
The purpose of the ground signs is to provide the advertising information as to the businesses that exist on these two
sites. The ground signs are also designed to provide directional 'information for traffic safety. The ground signs
being proposed are also designed to provide some traffic safety —they allow drivers to see the location and advance
notice to utilize the proper entrances to either site. The other safety factor associated with the ground signs is that
they can help limit the unnecessary automobile traffic between the two buildings. There is a significant amount of
pedestrian traffic on a car dealership lot, both with customers and sales staff, and ground sign clearly defining the
entrances to the buildings would eliminate cross traffic between the two buildings.
Members of the public were invited to speak in favor or opposition to the petitions; no one appeared and the public
hearing was closed.
Department Report, Laurence Lillig. Regarding Docket Nos. V- 100 -01 through V- 103 -01, the Department is
recommending favorable consideration of V- 100 -01 only up to three signs. The Department is recommending that
the petitioner combine two of the three signs on the south facade of the building into a single, 90- square -foot sign
and eliminate the third sign. With this accomplished, the total number of signs for the site would be three, the
maximum allowed a single tenant that is not a special use. This particular site has frontage on three sites: East 96
Street, Lakeshore Drive East, and Bauer Drive East.
In regard to Docket No. V- 101 -01 for a sign area of up to 80 square feet, the Department is recommending
favorable consideration for 90 square feet in order to allow the petitioner to combine two of the signs on the south
facade into a single sign.
Regarding Docket No. V- 102 -01 for the square footage of the ground sign, the Department is recommending
favorable consideration, since it is within the allowable square footage for a sign in that position per the Sign Chart.
Similarly, the Department is recommending favorable consideration of Docket No. V- 103 -01 for a 105 square foot
wall identification sign on the west facade of the building, since that would also meet the size requirement for a sign
in that position for a single tenant building.
In regard to Building #2 at 4140 East 96 Street, the Department is recommending negative consideration of Docket
No. V- 105 -01 which is the request to allow five identification signs. There is already an existing approval on this
site that allows the petitioner to have four identification signs. It is the Department's position that four identification
signs for this property are more than adequate. However, the Department is suggesting the following: In exchange
for the variance to allow the ground sign, one of the existing, four identification signs be removed; Instead of
increasing the number of signs allowed on this site, the petitioner be held to the four signs currently allowed; and
that the ground sign be substituted for one of the four. The Department is recommending favorable consideration
for the square footage of the ground sign in that event. If the question is increasing the number of signs to five, the
Department recommends negative consideration of the sign altogether.
The Department recommends the following signs: On the west facade, the paint and body shop sign; on the south
facade, the Honda logo with either "Certified" or "Pre- Owned" as a single sign; and the ground sign.
If V- 105 -01 is denied, the situation would be, either they keep the package they have, or they remove one of the four
currently on site.
Pat Rice thought the Board permitted signage far in excess of what should have been permitted in the first place by
approving the blue background on the Honda sign. Ms. Rice said she was disappointed that the petitioner did not
bring in the building as it is now, because what is before the Board is not an accurate representation of the buildings.
It was argued that the logo was a sign on the Honda building, but it pales in comparison to the frontage on the
building. There is no way anyone would miss the building. Ms. Rice asked Mr. Shinaver if his client would
consider doing the same kind of sign for the Honda building, getting rid of all of the blue which really constitutes a
Page 12
Department Report
Board of Zoning Appeals
March 25, 2002
Page 13 of 15
huge sign, then the ground sign would seem more in order. Otherwise, it is just "blue clutter" everywhere! It is
obvious that the blue is part of the sign on the building, and the Board inadvertently permitted it.
Chuck Kotterman addressed the Board, saying he was not aware of anything in the logo identification program for
Honda that would have a white background with the blue "Honda goalpost."
Chuck Weinkauf offered the petitioner an opportunity to voluntarily table and return next month with a plan that
might conform.
The Board then voted unanimously to continue items 18h through 22h and 23h and 24h to the end of the meeting to
allow Mr. Shinaver an opportunity to confer with his client.
Jim Shinaver requested the following Dockets be Withdrawn: V- 105 -01 and V- 106 -01, identified as Agenda Items
23 through 25h. These Dockets pertain to the ground signs for building #2. V- 100 -01, relating to the number of
identification signs requested for building #1, is being amended to three signs rather than five signs. These three
signs will be accomplished as follows: a) Removing the "Pre- Owned" sign; b) Re- locating the "Certified" sign
underneath the Honda logo, as recommended in the Department Report, and c) Increasing the area of the sign from
80 square feet to 90 square feet.
In regard to the ground sign, identified as Docket No. V- 102 -01, the sign reference will be changed from "Pre
Owned" to "Certified," but the size and dimension of the size will remain the same as well as the color of the sign.
Permission is requested to re- locate the ground sign for building #2 a little farther east so that it is closer to the front
of the building. There are future considerations for increasing the right -of -way for 96 Street to 75 feet per one -half,
and if that occurs, a portion of the sign would be within the 75' right -of -way. If the 75 feet of right -of -way for 96
Street becomes reality, the ground sign would be relocated at the petitioner's expense. A written commitment
confirming the possible re- location of the ground sign will be submitted to the Department. The maximum
height of the ground sign is 8'0
Leo Dierckman moved for the approval of V- 100 -01 as amended, to provide for three (3) identification signs for
building #1, seconded by Michael Mohr. APPROVED 4 -0.
Leo Dierckman moved for the approval of V- 101 -01 as amended, to provide for a 90 square feet wall sign,
seconded by Michael Mohr. APPROVED 4 -0.
Leo Dierckman moved for the approval of V- 102 -01 as amended, to provide for a 52.57 square foot ground sign,
re- located slightly farther to the east, and changed from pre -owned to "Certified," seconded by Michael Mohr
APPROVED 3 -1 (Pat Rice).
Michael Mohr moved for the approval of V- 103 -01, a 105 square foot wall identification sign, "Paint and Body
Shop," seconded by Leo Dierckman. APPROVED 4 -0.
Page 13
Department Report
Board of Zoning Appeals
March 25, 2002
Page 14 of 15
I. Old Business.
There is no Old Business on the March 25, 2002, agenda of the Board of Zoning Appeals.
Page 14