HomeMy WebLinkAboutPacketJAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
JAMES A. NICKLOY
CHRISTOPHER A. FERGUSON
Dear Board Members:
NELSON FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3105 EAST 98TH STREET, SUITE 170
INDIANAPOLIS, INDIANA 46280
PHONE: 317- 844 -0106
FACSIMILE: 317- 846 -8782
September 17, 2010
Cannel Clay Board of Zoning Appeals
Re: Legacy Towns Flats Sign Variance Request
Docket Nos. 10090002V 10090003V
JANE B. MERRILL,
Of Counsel
JON C. DOBOSIEWICZ,
Land Use Professional
The applicant, J.C. Hart Company is requesting approval to allow an illuminated
temporary sign within the right -of -way at the entrance to the Legacy development. The subject
sign is located in a landscape median island within Community Drive south of and adjacent to
East 146 Street and is identified on the aerial photograph included on the attached page. The
property is zoned under the Legacy PUD. The Legacy PUD is located on the southwest corner of
146 Street and River Road in Carmel, Indiana.
The subject sign is temporary in that it will be removed once the permanent identification
signs are installed at this entrance to the Legacy development. The lack of permanent
infrastructure including street lights and the delay in construction of the permanent identification
signs has lead to the need for the subject sign. These factors make it necessary to illuminate the
subject sign to provide visibility a night that would otherwise be provided by street lighting and
indirect lighting form adjacent buildings. It is worthwhile to note the design of the sign is not
characteristic of a typical "temporary" sign (see attached photograph exhibit) and that a peinianent
identification sign is permitted illumination under the Zoning Ordinance. The location of the sign
within a median island is not unusual for signage at the entrance of a development. Approval of a
Consent to Encroach agreement with the City of Carmel is anticipated to address maintenance and
the Carmel Engineering Department does not object to the request.
Attachment
Lir to BZA 091710
We look forward to presenting this request to the Hearing Officer on September 27, 2010.
Very truly yours,
NELSON FRANKENBERGER, P.C.
Jon C. Dobosiewicz
Land Use Professional