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HomeMy WebLinkAboutDept Report2d. Legacy Towns Flats Signage The applicant seeks the following development standards variance approvals: Docket No. 10090002V Ch. 25.07.03 -02 e) Sign located in street Right -of -Way Docket No. 10090003V Ch. 25.07.03 -02 h) Illuminated temporary sign The site is located at the intersection of Community Drive and East 146 St. in the Legacy development. It is zoned PUD /Planned Unit Development. Filed by Jon Dobosiewicz on behalf of The J.C. Hart Company. CARMEL BOARD OF ZONING APPEALS HEARING OFFICER DEPARTMENT REPORT September 27, 2010 General Info: A temporary sign permit was issued erroneously with regard to lighting and the sign's location. Thus, these variances are necessary in order to legally establish this temporary ground sign. Analysis: The Legacy project is under construction, yet far from complete. There is a plan to have permanent ground signs flanking the main entrance that state the name of the project, as well as other projects or uses within the development. Until then, the Department issued a permit for a ground sign as a temporary sign with the full understanding and cooperation that it would be removed when the development's main signage was installed. Per the Sign Ordinance, temporary signs are not allowed to be illuminated. However, this sign is the temporary identification for the entrance of this development. There are no other street lights marking the entrance, thereby making illumination a necessity for nighttime visibility and safety. The Department is in support of the sign remaining illuminated. The placement of the sign within the right of way was an oversight by the Department. It is set back appropriately from 146 Street, and there are no vision clearance issues. However, it is still located within the Community Dr. road right of way, and that is not permitted by the Zoning Ordinance. The plans for the permanent signs call for them to be located on both sides of the entrance. Since this sign is not meant to be permanent, the department feels that the temporary location is acceptable. Consent to Encroach approval from the Board of Public Works is required, as well. Findings of Fact: Sign located in the street right -of -way and illuminated temporary sign 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the location and illumination of the sign will effectively address the way finding needs of the motoring public in a manner consistent with the goals and objectives of the signage regulations of the Zoning Ordinance. 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 location and illumination of the sign will have no negative effect on the use and value of the area adjacent to the property and the location and illumination of the sign will effectively address the way finding needs of the motoring public. 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: Absent illumination of the sign and its placement in the entrance median the owner will be denied an opportunity to provide effective way finding for the motoring public. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 10090002 3 V after all concerns have been addressed, and with the understanding that the Board of Public Works Safety must still approve the Consent to Encroach within the road right of way.