BOARD OF ZONING APPEALS MINUTES

 

SPECIAL MEETING

 

APRIL 18, 2005

 

 

The meeting was called to order by Chairman Thornton at 8:30 p.m.

 

MEMBERS PRESENT:  Dick Mickley, Kelly Thornton, Terry Wertz, Barbara Timmons

 

OTHERS PRESENT:  Zoning Inspector McCoy, Clerk Patterson, Doug Merritt, Steve Kelly

 

APPROVAL OF MINUTES: Minutes approved at April 11^th meeting.

 

AGENDA ITEMS:

 

NEW BUSINESS:

 

1.       Requesting a variance to permit six foot by eight foot (6’ x 8’) sign panels be placed in previously approved shopping center signs that were approved by the Board of Zoning Appeals with panels to be two foot by eight foot (2’ x 8’) and four foot by eight foot (4’ x 8’); to be located at Coleman’s Crossing Blvd. and Charles Lane and Coleman’s Crossing Blvd. and Industrial Parkway.  Filed by Marysville Land Development, 633 West Third St., Covington, KY 41011.

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Ms. McCoy’s comments from memorandum dated 03-23-05.  This request is to allow Home Depot’s panel in the two 38’ signs that were approved by BZA at the January 10, 2005 meeting to be 6’ x 8’.  The minutes of the meeting state, “Mr. Mickley moved to accept the variance conditioned on the fact that the signage scheme, as presented, is approved except for the two 45’ identification pylons be maximum of 38’ with interior cabinets being 4’ x 8’ and 2’ x 8’ and minimum ground clearance of 6’, seconded by Mrs. Timmons…”

 

COMMENTS OF REQUESTER:  Mr. Steve Kelly of Bear Creek Capital, representing Marysville Land Development, addressed the Board.  His request is for a modification to a previously approved variance by the Board.  The variance requests were for three signs, one 55’ shopping center pylon sign and two signs along Industrial Parkway, Coleman’s Crossing Blvd., Delaware Avenue and Coleman’s Crossing Blvd.  The sign requested was reduced from a 45’ tall sign down to a 38’ tall sign.  Panels were reduced to four 4’ panels and four 2’ panels to fit in the 38’ tall sign.  Most businesses will fit in these panels, but Home Depot is unique.  Their logo is of a square character.  Mr. Kelly presented a design that would satisfy Wal-mart, the other tenants and Home Depot and is a modified plan which has the identical square footage permitted by the variance, 24’ in height, same clearances.  Proposal is for a 4’ x 8’ panel for Wal-mart and a 6’ tall x 8’ wide panel for Home Depot.  The other two anchor tenant panels were reduced to a 3’ x 8’ panel and the four other panels, 2’ x 8’ for out lots such as sit-down restaurants.  With the above changes, the sign would still be 38’ tall.   Mr. Kelly would like to have the flexibility to adjust panel size specific to a particular tenant.   This would eliminate having to come back before BZA for a modification of the variance.  Would like to have a 24’ multi-site panel that will not be any higher than 38’ and, therefore, requests to be able to have this variance to the original variance that was submitted.  When asked why tenant 4 was not eliminated instead and keep the 4 x 8 anchor panels, Mr. Kelly stated 2’ is as low as you would want to go.  Lettering will be 18”.  Believes the panels as proposed gives what the multi-tenant is looking to do, display the anchor tenants and some of the primary out-lot tenants that would be within the development.  There would be no net increase in signage.

 

Mr. Mickley pointed out that what the applicant is requesting is not what he came to the Board for.  Mr. Kelly stated his request was specific to Home Depot.  Mr. Mickley recommended handling the Home Depot issue then possibly discussing an amendment.  He asked if the Home Depot logo could be put in a 4’ x 8’ panel.  Mr. Kelly responded that would not work; it would make their letters too small.

 

Mr. Thornton noted that there is potential that every new tenant will want something different.  Mr. Kelly agreed.  He feels to have the flexibility with sign panels is a good thing when you have a multi-tenant sign.  Mr. Thornton felt by being able to customize each panel for a tenant, there would not have to be empty panels in the sign, which has been a concern all along.  Mr. Kelly disagreed, and stated one panel will have a leasing sign in with some empty panels to show tenants those panels are available.  Mr. Thornton stated the way the request is written in Ms. McCoy’s memorandum, the applicant is requesting flexibility to change panel sizes without having to come before BZA again.  Ms. McCoy stated she writes the description and refers to “panels” because there are two 38’ signs that the applicant is requesting a 6’ x 8’ panel. 

 

Mr. Kelly stated he is before the Board for a specific panel that will fit the tenant’s needs. 

 

COMMENTS OF CITIZENS:  No comments.

 

DISCUSSION BY BZA MEMBERS:

 

The Board must make a decision whether to allow the applicant flexibility or whether to have him come before BZA for further modification variances.

 

Mr. Kelly stated he has no problem with setting a maximum of 6’. 

 

Mrs. Timmons moved to grant the variance, seconded by Mr. Wertz.

 

Mr. Mickley moved to amend to allow the applicant to provide for in his previously approved shopping center signs, (38’ signs) for a maximum of 24’ high and 8’ wide, with a maximum size of any particular panel 6’ x 8’, seconded by Mrs. Timmons and the question put, stood:

 

Mr. Thornton confirmed the amendment.  To allow the user in their 38’ sign request, to have a maximum signage 24’ x 8’ of total signage, to have a maximum panel size of 6’ x 8’.  Per Mr. Mickley’s above motion, the previous approved language of 2’ x 8’ and 4 x 8’ has not been stricken.

 

Mr. Mickley changed the wording of his motion as follows:  To amend the previous approved signs to provide for signage to be 24’ high, 8’ wide, maximum size panel is 6’ x 8’, seconded by Mrs. Timmons and the question put, stood:

 

Mr. Mickley feels this amendment provides enough direction to the applicant to allow the size of signs however he wants to economically provide for that. 

 

Mr. Wertz  YES   Mr. Thornton  YES  Mr. Mickley  YES  Mrs. Timmons  YES

 

Mr. Thornton moved to amend the amended request to have a minimum size of 2’ x 8’.

No second to the motion.

 

Motion to grant the variance as amended and the question put, stood:

 

Mr. Thornton  YES  Mr. Mickley  YES  Mrs. Timmons  YES  Mr. Wertz  YES

 

Variance granted.

 

 

2.       Requesting a variance to permit two 9 sq. ft. wall directional signs vs. 6 sq. ft. directional signs permitted; SD-1 zoning district, to be located at the proposed Home Depot, 880 Coleman’s Crossing Blvd., filed by Charely Schalliol, 3699 W. Lathrop S., South Bend, IN 46628

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Note:  The following comments from the zoning inspector apply to agenda items 2. 3, and 4.

 

Maximum of 300 sq. ft. of signage permitted per business according to 1143.18(d).  The following outlines what Home Depot is requesting for total signage.

 

          Two identification signs and 4 business signs permitted because of street frontage on Coleman’s Crossing & S.R. 33.

 

          Four business signs – two can be 96 sq. ft. based on width of building X 20% and two can be 50% of that amount (48 sq. ft.)

 

          Coleman’s Crossing monument sign – 36 sq. ft. – (Identification sign) – OK

 

          One of the “THE HOME DEPOT” wall signs permitted as an identification sign – maximum size of 157 sq. ft. based on other ID signs and 3 business signs total 143 sq. ft.  That is why the variance is written as 157 sq. ft. ID sign permitted.

 

          CONTRACTOR PICK UP – 51 sq. ft. business sign – OK – part of 4 business signs.

 

          TOOL RENTAL CENTER – 30 sq. ft. business sign – OK – part of 4 business signs.

 

          NURSERY – 26 sq. ft. business sign – OK  part of 4 business signs.

 

          36 + 51 + 30 + 26 = 143 sq. ft. – leaves 157 sq. ft. of signage left that is permitted.

 

          The other “THE HOME DEPOT” wall sign is not permitted as an identification sign but as a business sign – that is why it is written as 96 sq. ft. business sign permit.

 

          The “NOW OPEN” sign would be considered a grand opening sign and can be displayed for a period of time not exceeding 15 days.

 

          The “OPENING SOON” sign would be considered a real estate sign and is restricted to 32 sq. ft., 8’ in height.

 

          The “COMING SOON” sign would be considered a real estate sign and is restricted to 32 sq. ft., 8’ in height.

 

COMMENTS OF REQUESTER:

 

Note:  Following comments of requester apply to agenda items 2, 3 and 4.

 

Mr. Doug Merritt, National Program Manager for North American Signs, (sign agent for Home Depot) addressed the Board.  This site-specific sign program is designed based on physical characteristics of the property, the primary facility size, traffic conditions surrounding the property and the overall development.  The wall-sign program consists of two corporate main identification wall signs providing trade-name recognition, design to compliment the scale and symmetry of the respective individual facades and considerate of the architectural enhancements. 

 

In addition to the approved 130,000 sq, ft, combined facility, applicant is requesting directory signage or ancillary signage that identifies the Nursery, Contractor Pick-up, Tool Rental Center and the directional signs and entrance and exit signs.

 

The sign program requested in this application includes one monument sign.  Applicant is also requesting one crown-mounted temporary “Coming Soon” sign.  Size is 4’ x 8’. 

 

Also requesting two temporary banners reading “Opening Soon!” and “Now Open!”  Banners will be 60” x 20’ and will be wall-mounted.

 

The hardship that Home Depot seeks relief from is due to the unique characteristics of the subject land, the size of the primary structure itself, not to the general characteristics of the retail facilities in the area within the same zoning designation or retail status.  The site-specific sign program was designed to address the motorists’ needs traveling along Coleman’s Crossing Blvd. as well as the highway frontage, so that safe vehicular movements are used to locate the facility once off the highway, and a co-compliant sign program of 300 sq. ft. would not allow for adequate identification or the appropriate letter height for all those combined factors.  The proposed sign program addresses the multiple access points into the facility, not only just into the actual lot, but into the primary structure where there are multiple entrance points.  It also offers identification of the multiple services, as well as legible signage for the scale of the overall structure. 

 

The proposed sign program will ensure safe vehicular movement, pedestrian safety once a motorist has entered the facility in the parking lot and will provide appropriate viewer reaction time for motorists to make informed traffic decisions while traveling through the corridor.  The proposed variance will not adversely affect the health, safety and welfare of the community and the spirit and intent of the ordinance has been met with this site-specific sign program to increase traffic safety.

 

Ms. McCoy pointed out that the signs that don’t need a variance are listed above as “OK” in her comments.

 

Mr. Merritt reviewed all signs.

 

Mr. Thornton asked Ms. McCoy what is being done to hide the backside of these buildings.  She stated that both Wal-mart and Home Depot have plans to plant a lot of trees for buffering. 

 

COMMENTS OF CITIZENS:  No comments.

 

DISCUSSION BY BZA MEMBERS:

 

Mr. Mickley moved to grant the variance, seconded by Mr. Thornton and the question put, stood:

 

Mr. Mickley  YES  Mrs. Timmons  YES  Mr. Wertz  YES  Mr. Thornton  YES

 

Variance granted.

 

3.     Requesting a variance to permit 300 sq. ft. wall business sign vs. 96 sq. ft. business sign permitted.  Total of 944 sq. ft. of signage requested vs. maximum total signage permitted for business of 300 sq. ft.; SD-1 zoning district, to be located at the proposed Home Depot, 880 Coleman’s Crossing Blvd., filed by Charely Schalliol, 3699 W. Lathrop S., South Bend, IN 46628

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

See Agenda Item 2 for comments of Zoning Inspector.

 

COMMENTS OF REQUESTER:

 

See Agenda Item 2 for comments of Requester.

 

Ms. McCoy asked for the height of the letters.  Response was 60” and 5’ in overall height.   Letter height is calculated based on the number of travel lanes and the posted road speed.

 

Mr. Thornton questioned the 300 sq. ft.  His calculation is 303.64 sq. ft.  Ms. McCoy stated the original showed 300 sq. ft., but after refiguring, 303.64 sq. ft. is correct.

 

COMMENTS OF CITIZENS:  No comments

 

DISCUSSION BY BZA MEMBERS:

 

Mr. Mickley moved to grant the variance at 303.64 sq. ft, seconded by Mr. Thornton and the question put, stood:

 

Mrs. Timmons  YES   Mr. Wertz  YES    Mr. Thornton  YES   Mr. Mickley  YES

 

Variance granted.

 

 

4.       Requesting a variance to permit 515 sq. ft. wall identification sign vs. 157 sq. ft. identification sign permitted.  Total of 944 sq. ft. of signage requested vs. maximum total signage permitted for business of 300 sq. ft.; SD-1 zoning district, to be located at the proposed Home Depot, 880 Coleman’s Crossing Blvd., filed by Charely Schalliol, 3699 W. Lathrop S., South Bend, IN 46628

 

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

See Agenda Item 2 for comments of Zoning Inspector.

 

COMMENTS OF REQUESTER:

 

See Agenda Item 2 for comments of Requester.

 

COMMENTS OF CITIZENS:  No comments

 

DISCUSSION BY BZA MEMBERS:

 

Mrs. Timmons moved to grant the variance, seconded by Mr. Mickley and the question put, stood:

 

Mr. Wertz  YES  Mr. Thornton  YES  Mr. Mickley  YES  Mrs. Timmons  YES

 

Variance granted.

 

ADJOURNMENT:  There being no further business to come before Board of Zoning Appeals, the meeting adjourned at 9:27 p.m.