Ellettsville, Indiana Board of Zoning Appeals (BZA) met in regular session on
Roll Call: Members present were Geraldine McIntyre, Terry Baker, David Drake, Ray Freetage and Denise Knell.
Old Business -None
Petitioner: Linda and Ted Smith
Special Use Variance Request (Scrolling Sign)
Frank Nierzwicki, Director of Planning Services outlined the case and stated he had a discussion with Mr. Smith concerning the use of the new lighted message sign. He had the understanding that message sign would not be scrolling; messages would change from day to day. Frank said he did not have a problem if the sign did not scroll and the message changed from day to day. He went on to say that staff would recommend approval with that stipulation.
Ted Smith, petitioner, requested a special use variance to allow
him to replace his current sign with a new lighted sign. This sign would be for
his business, Jack and Jill Daycare. The new sign would be 4’ x 8’ just like the
old sign but would be lighted with a message board. The sign would be set up so you could read
the sign from
David Drake asked Mr. Smith how bright the new sign would be.
Ted Smith he didn’t know how bright the new sign would be but there is a brightness control and settings.
Ted Smith said is the closing time but sometimes parents are late picking up their children and they would remain open until the last child is gone.
Frank Nierzwicki asked Mr. Smith about the scrolling part of the sign. Frank thought the sign would not scroll.
Ted Smith stated that yes he did say that to Mr. Nierzwicki but after thinking about the situation he decided he wanted a scrolling sign.
Bob Holland spoke in favor of having a scrolling sign at the
Mrs. Norris who lives directly across the street from the
David Drake asked Frank Nierzwicki the zoning for the
Frank Nierzwicki stated that according to his records the zoning is Residential.
Linda Smith, petitioner, said that was not correct the property is zoned Commercial.
David Drake said he did not have a major problem with scrolling signs but the Town Code said no scrolling signs. We need to follow the code.
Terry Baker stated we could go back to the Plan Commission and change the code and look at the Comprehensive Plan.
David Drake said he did not want to go back and revisit the Comprehensive Plan. We most likely need to add more language in the Town Code to handle such situations.
Geraldine McIntyre said she did not like to see this type of sign in a residential zone.
Denise Knell made a motion to deny the petitioners request to have
a lighted-scrolling sign at the Jack and
Roll Call: Geraldine
McIntyre yes; Terry Baker yes; David Drake yes; Ray Freetage yes; Denise Knoll
The request for a special variance for Jack and
Case 2006-ESV-004 Location: 504 Temperance Street Petitioner: Circle K
Frank Nierzwicki stated the variance request from Circle K is to expand
their building (Shell Gas Station) closer to
Kathleen Owens, Monroe County Library, has concerns about
parking. The Monroe County Library,
Ellettsville branch is directly across the street [
Ken Guzik has a business across the street [
Clint Sherill is the Postmaster at the Ellettsville Post Office is adjacent
to the gas station on
Terry Baker asked if there are any sight distance issues with the proposed building expansion. Frank Nierzwicki said there would not be any sight distance issues with the proposed building expansion.
David Drake said he did not have a problem with the reduction of the setback with this petition.
Denise Knell made a motion to accept the request for a variance at
Roll Call: Geraldine
McIntyre yes; Terry Baker yes;
Baker made a motion for the meeting to be adjourned.