BZA 02-25-15
MERRILLVILLE BOARD OF ZONING APPEALS
February 25, 2015
6:30 PM
The Board of Zoning Appeals meeting of February 25, 2015 was called to order by Chairman John Minchuk at 6:30pm and led the group in the Pledge of Allegiance.
ROLL CALL
Members in attendance were Mr. Holtz here, Chuck Stojakovich absent, Mr. Minchuk here, Robert Bigelow here and Tim Fortier absent. Staff in attendance was Dorinda Gregor, Attorney Touchette and Sedrick Green of Robinson Engineers.
Chairman Minchuk said as you can see we have only 3 voting members up here so you would have to have a unanimous vote or defer until the next meeting. I want to thank Mr. Hardaway for attending tonight. Councilman Hardaway thank you.
MINUTES: NONE
COMMENTS FROM THE CHAIRMAN:
I will call the case by case number and name of the petitioners I would ask that you come forward state your name and address for public record at which time you will be given an opportunity to present your case accompanied by any professionals that you may have with you. After that we will open the case for further comment. If you are desirous of speaking for or against any case we ask that you please sign in at the registry in the center of the isle. We will have a question and answer period followed by a staff report pertaining to each case presented this evening. We will also render a decision either for or against or a deferral for more information or any other reasons which we will state. Would you please at this time silence any communication devises, cell phones or pagers. We will appreciate it. Thank you.
COMMUNICATIONS: Letter from Andrean High School dated October 6, 2014 referencing petition #3 on agenda
OLD BUSINESS
None
NEW BUSINESS
Z5uV3-0215 LANDMARK SIGN GROUP, PETITIONER
THE NEW INNSBROOK COUNTRY CLUB, LLC.
GREGG MCCOLLY, OWNER, located at 6701 Taft Street for a Variance of use approval for a special exception use freestanding sign and allow a digital message center sign to be included on the proposed freestanding sign in an R-1, Single Family Residential Zoning District advertisement for an on premise business (Innsbrook County Club).
Larry Yurko and I represent Landmark Sign Group at 7424 Industrial Avenue in Chesterton, Indiana. I am here this evening to seek approval to fabricate and install a freestanding sign for Innsbrook County Club as Dorinda has stated. Our proposed sign is larger than code allows. Code would allow for a monument sign at this location. But we needed a taller sign for visibility so that cars don’t see it at the last second. Given the operation of the Country Club with the restaurant open to the public and the banquet facility open to the public and with all that the club has going on the need for an electronic message center on the technology curve is important for our client.
Chairman Minchuk said that will be our next digital.
Mr. Yurko said yes that will be important. The sign itself if internally illuminated with a routed background so at night so just the copy is illuminated and the back ground is opaque so we don’t have an excessive amount of light coming from the permanent section of the sign. The LED section would be able to list different messages or events that are going on at the club.
Chairman Minchuk asked Dorinda if she explained to them what our ordinance are.
Mrs. Gregor read the staff report. We also want to reference the other petition because they are married together for variance. Petition if approved at this location only for this use only and for advertisement for the Innsbrook Country Club only. I am going to read the next one because it relates to the first case
Z6V3-0215 LANDMARK SIGN GROUP, PETITIONER,
THE NEW INNSBROOK COUNTRY CLUB, LLC/GREGG MCCOLLY, OWNER, Located at 6701 Taft Street for a Variance approval from Sec. 21-189 (3) to allow a 2nd sign (proposed special exception use freestanding sign) and a variance approval from Sec. 21-193 (f) to allow a digital center display area on proposed 2nd sign to exceed the twenty percent (20%) of the maximum area permitted in an R-1, Single Family Residential Zoning District for advertisement for private golf course, banquet facility and restaurant (Innsbrook Country Club)
Mrs. Gregor said there is currently a sign on the south brick entry way going into the Country Club property. The proposed sign is going to be 23’ 8” in height and the size of the proposed sign would be 142.38 square feet double faced located on the south side of the drive within the fenced area entered the County Club property. The proposed freestanding sign would have to meet all other sign code requirements. The size of the proposed electric message display area is 62.15 square feet which should not exceed an area 12.8 square feet and then I did the calculations. The signs would provide visibility to vehicular traffic traveling 45 miles an hour on Taft Street for advertisement of activities occurring at the site. A request for an offsite monument sign to be located at 6755 Taft Street for advertisement was presented to the BZA under petition Z7uv-2014 and received no recommendation and then it was withdrawn at the Town Council meeting on June 24, 2014 and once again conditioned if approved for this petitioner only at this location only for this use and advertisement for business at the Innsbrook Country Club property only.
Chairman Minchuk asked my question is there hours set that they can illuminate sign or have anything flashing.
Mrs. Gregor said again you can discuss.
Chairman Minchuk said that is what I wanted..what are your hours that you are going to have the sign on what time. What I am worried about are the houses across the street are a little ways off but if it is late at night flashing it is kind of a dark area I am worried about the people in that area living there how it is going to affect them.
Mr. Yurko replied I have spoken to my client and they are willing to put the sign into a sleep mode after 10:00 or whatever the case may be. Ideally we would like to have the sign operational if there are any events going in at the club. However we can put it into a sleep mode. We would be open to that maybe just to have the time on the sign or we can shut it off all together.
Chairman Minchuk said Dorinda has any of the neighbors been contacted about this.
Mrs. Gregor replied all the neighbors have been contacted
Chairman Minchuk said no letters or nothing
Mrs. Gregor said no we did have a couple of representatives from the Brookwood Subdivision here tonight.
Chairman Minchuk said if anyone we will make a little discussion here and let the people talk. At this time does anyone else have any questions? Board members
Mr. Bigelow said just one question from me. I don’t see anything on any of these drawings that says how far the sign is going to be set back from that wrought iron fence.
Mr. Yurko replied we would set it back 10 feet. We would meet the setbacks by the Town. It would be 10 feet from the property line
Mr. Touchette asked will the sign be in the blacktop parking area
Mr. Yurko replied no Sir it will be in the grass area just to the north of the blacktop just south of the fence line. But it will be on the Clubs property.
Mr. Holtz said it will be on the inside of the fence.
Mr. Yurko replied yes Sir.
Chairman Minchuk asked if anybody in the audience that would like to speak for or against.
Good Evening gentlemen I am Ted Kennedy the treasurer for the Brookwood Homeowners Association. I use to be on your committee and I had the same concerns about the sign be lighted at night as you expressed John would certainly because of the size and the height those people on the west side of Taft are going to be affected more than the people in Brookwood. I think that we have to give consideration to them and suggest that the message board be at least turned off between 10:00PM and 6:00AM. I am a little confused are they talking about a monument sign and a freestanding sign.
Mrs. Gregor said no the
Mr. Kennedy said they withdrew the monument sign.
Mrs. Gregor said no if they would have had a sign the monument sign could be no larger than 64 square feet in height however they do have a second sign on the entry way brick wall that says Innsbrook Country Club that is where this comes in as a second sign.
Mr. Kennedy said ok so they are not adding anything that the freestanding sign. So that would be my recommendation to shut the lights down at nighttime.
Chairman Minchuk said Thank you.
Milan Dakich said my concern is probably one of safety. I am looking at this sign and people driving going south it would be a little hard to see that sign from the trees and going north you are really on an incline going up that is why it is probably a good idea that it is that tall. But my real concern is that the speed limit there is 45 miles per hour. I live right next door to that and people I fine usually drive 5 miles over the speed limit so it is about 50 miles per hour so my feeling is that whatever the writing up there should be at a minimum I mean if you put too much writing and some jackass stops to read that and a car coming 50 miles per hour are behind it and the traffic that flows on Taft Street is unbelievable. It takes me sometimes 10 minutes to get out of the Brookwood subdivision so you know I guess my real concern is safety. I think it will be helpful to the business and if they don’t too much writing up there or maybe they should lower that speed limit to 40 miles per hour we were discussing the speed limit but it is 45 miles per hour and it is interesting geography when you come from Strack and Van Til and Admiral you are going downhill and you are a flatland and suddenly the railroad track you are going up at an incline if you are back about a football field back you won’t see the taillights of that car so they will come on that and then before they know it they are the sign. But the fact that it has that very high elevation that is helpful to see.
Chairman Minchuk said we have the very same thing up on 65 you have signs that flash and read whatever and they are going 75 and 80 miles an hour.
Mr. Dakich replied well that is true.
Chairman Minchuk said if somebody does that I mean it is high enough to where I don’t think that it would affect traffic.
Mr. Dakich said on I see then What Ted was talking about I agree that it be shut off at 10:00PM so the neighbors so see any kind of a flash or a glowing sign so Ok. Thanks
Chairman Minchuk asked is there anybody else. Dorinda I don’t know about the other members but my personally feeling is I think that 10:00PM is really. I think that if they are having a doings that night I think that by 12:00 everybody will be gone but I think that 10:00PM Monday thru Friday would be. It is up to them if they want to do it that way other than that I wouldn’t be for putting the mechanical or flashing sign up but if you shut it off by 10:00 Monday thru Friday I think that will be fine.
Mr. Yurko said that would be a rare occasion but we don’t have a problem with that.
Chairman Minchuk said can I add that too.
Mr. Touchette said put it in the sleep mode and have the sign lighted or do you mean to turn the lights off completely.
Chairman Minchuk asked no flashing
Mrs. Gregor said no electronic message center.
Chairman Minchuk said yes just the electronic message but no flashing. I agree with Ted flashing in your windows and nobody wants that. I agree it is probably hard to see the sign when you go by there now. We did that to the schools and churches and everybody else so I don’t see why Innsbrook should be exempt from that.
Mrs. Gregor said so can we vote on Z5uV3-0215.
Chairman Minchuk said yes you put them both together so
Mrs. Gregor said so let’s vote on them separately
Chairman Minchuk said so you want to do them separately.
Mrs. Gregor said to allow a digital message center sign to be included on the proposed freestanding Special Exception use sign in an R-1.
Mr. Touchette said so that would be 0215
Mrs. Gregor said Z5uV3-0215
Mr. Holtz said if that the one we will put the stipulation on as far as time.
Mrs. Gregor said we should put the stipulation on both of them.
Mr. Holtz said I just have one question a monument should only be about 8 feet tall. So that is our standard
Mrs. Gregor said yes.
Mr. Holtz said you are saying that the digital is only going to be 64 square feet and that is what our code is.
Mrs. Gregor said no our code says it can only be 20% of the maximize size of that particular sign so 20% of 60 square feet should only be 12 feet.
Chairman Minchuk said it is going to be farther back
Mr. Holtz said so the whole sign is 64 square feet
Mrs. Gregor said no
Mr. Holtz said the digital portion of the sign is going to be 12 foot out of the 64.
Mrs. Gregor said the actual freestanding sign will be 23 feet in height it will also be 142.38 square feet or where 64 square feet is permitted and the digital message center will not meet the code which would 62.15 square feet. So the digital message center and the entire sign as a package is 142.38 square feet and if you want to deduct the 62.15 square feet that leaves a remainder to just the actual sign that says.
Mr. Yurko said Innsbrook Country Club and Lansford Grill and Banquets.
Mr. Holt said the digital part stated that it would be only advertising
Mr. Yurko replied on premises activities, club activities, and the restaurant.
Chairman Minchuk said how about if Merrillville needs to post something on there like they regularly do would it be available.