Board of Zoning Appeals - Regular Meeting

Opposed or abstain?

Abstain.

Great, the minutes have been approved. Our first matter on our public hearing, do we have any public hearing information to consider this evening? We've got new business as the Circle K signage. I think it was supposed to be public hearing for Circle K signage, on my agenda anyway.

No, you can go on to 6A.

Yeah, so let's go on to case VA 26-3, Circle K signage. The address is 11601 Allisonville Road. It's a request for consideration of a development standards variance from section 6.17.5.1 of the city's Unified Development Ordinance to allow four digital panels at a fueling station two located in ground signs, and two located in the existing canopy. Our petitioner is Lindsey Alge, am I saying that correctly? And Ron Courtney. Could they please approach the podium, state their name and address, and proceed with their petition.

Good evening. I am Ron Fortney with Midwest Signs, address of 8560 East 30th Street in Indianapolis, Indiana. I'm here on behalf of Corporate Identification and here to answer any questions you can in regards to the petition.

Very good. Are you going to present the petition?

I could not hear him say anything.

Are you going to present on behalf of the petitioner?

I am not.

You are not, okay. Is there someone here to present? Okay, then I'll ask staff to present on behalf of the petitioner, please. Thank you, sir.

Grace Wiley, Senior Planner for the City of Fishers. The item before you today is a request for a development standards variance from Section 6.17.5.I of the City's Unified Development Ordinance to allow four digital sign panels at a fueling station. Two will be located in ground signs and two will be located in the existing canopy. Board heard and denied this item in December of 2024 as VA-2416. After my presentation, Ross will be giving you a little bit of background on that.

Thank you.

11601 Allisonville Road is located at the northeast corner of Allisonville and 116th Street. Property is zoned C3 commercial and regulated by the city's UDO. Surrounding area as shown here is zoned C3 as well to the northeast and west and zoned C2 to the south. Fisher's 2040 comprehensive plan designates this site as regional mixed use. The existing conditions are shown here. There is a legal nonconforming 26-foot tall pylon sign. The location is shown with the red dot and arrow. Pylon sign is being removed because it is located in the right-of-way that is being acquired by the City of Fishers as part of the intersection improvements at Allisonville and 116th. Two ground signs are proposed to replace the pylon sign. These ground signs will have digital pricing signage in them, which is what the petitioner is seeking a variance to allow. Elevations and the locations of the signs are shown above. Additionally, two digital pricing signs to be located in the existing canopy are also proposed. They will be on the west and south elevations facing Allisonville Road and 116th Street, respectively. Elevations and locations are shown above. No public comments have been received on this item. Staff has a recommendation of approval to the Board of Zoning Appeals for this request. Should the board approve this petition, staff recommends it is done with the following condition. The approval letter and related documentation be recorded on the property with the Hamilton County Recorder's Office. As a reminder, the board must determine that all of the above eight criteria are met in order to approve the variance. Staff is available for questions.

Thank you. Thanks, Grace.

Additional context that we wanted to provide, as Grace mentioned, you guys did hear this finally in December of 2024 for the members that were on at that time. It had been continued from the July, August, and October meetings to the point where staff was, we recommend denial because they did not come to the meetings. One of the things that we were trying to convey during this, as you guys are aware, 116th Street and Allisonville Road was anticipating road improvements. We were trying to accomplish some right of way dedication prior to that. as you guys also probably know Allisonville and 116th Street construction has kicked off so April of this year is underway right now we are no longer moving forward with a roundabout intersection but it is going to be improved four-way intersection so this right-of-way acquisition is still required at that time in december of 2024 we were going through litigation with them on that right-of-way and so what we were trying to do was have that all finished prior to them coming before the bza that was not accomplished and therefore that was staff's recommend recommendation to deny at that point they didn't have to wait six months until after that because essentially this is the same variants that you saw at that time. With that, they have communicated better since then. The right-of-way project and the work is continuing. So I believe Grace's recommendation tonight, sans the applicant not being here, is to recommend approval. So I'm happy to answer any additional questions.

Members of the board, do we have any questions for staff? No, I don't. But Ross, thanks for the background information procedurally. Any questions for the gentleman that's here on behalf of the petitioner for questions from the sign company? Do we have a motion? Do we have to open it up for public hearing? Thank you. Strike that, please. At this time, we're going to open the hearing for public remonstration. Does anyone here from the public to speak to this petition? Seeing none, I'll close the public hearing and now we'll entertain a motion.

I'll make a motion. I'll make a motion that we approve VA 26-3 on the condition that the approval letter and related documentations be reported on the property with the Hampton County Recorder's Office and criterias number one through eight of the approval for five variants of signage be agreed upon and ended.

Just a friendly amendment that the criteria that the petitioner and staff have presented are met here for approval of the variance. Is that?

Yes. Okay.

Thank you. Thank you. So we have a motion. Do we have a second?

I'll second that motion.

We have a second. Secretary?

Mr. Ferrucci? Yes. Mr. Stevenson? Yes. Mr. Silvey?

No.

Mr. Grindsley?

Yes.

Mr. Lannan? Aye.

Motion passes. Our next order of business on our agenda is staff communication. Do we have any staff communication?

So yes, as Rodney mentioned earlier, we do anticipate having a meeting in June. So we will see you back here next month.

All right, good. With that, I will go ahead and adjourn tonight's meeting. for the Fishers Board of Zoning Appeals.