It wasn’t a public hearing. That’s not until July 23.
But a representative of CVS Pharmacy faced some serious questioning Thursday
from the Chesterton Board of Zoning Appeals during a preliminary hearing.
Kelly Barber of Sign Art said the new store at 505 County Road 1100N has
received feedback that there’s customer confusion whether CVS is open
because of the store’s dark, smoked glass windows.
Barber said CVS wants BZA permission to place a total 306 square feet of
interior graphic images interpreted as signs on the north, west and
southeast windows to make it look occupied.
Barber initially said the store is open 24 hours, which prompted BZA member
Kim Goldak to phone it during the meeting and find out. She was advised the
store is open 7 a.m. to 10 p.m.
It later was learned the CVS pharmacy is open 8 a.m. to 10 p.m.
Barber said she’ll clarify the hours but the intent is to eliminate customer
confusion. “We have ample signage on the building. We’re not trying to
advertise additional products and services.”
BZA members noted that when the store opened several months ago, a number of
sign variances were granted with the idea CVS wasn’t going to be requesting
more. Barber said she realizes the store asked for an extensive amount of
signage.
Goldak and others suggested the solution might be to display the hours of
operation more prominently.
BZA members Sig Niepokoj and Jim Kowalski asked whether CVS created its own
problem by using smoked-glass as opposed to clear-glass windows. Kowalski
said CVS has to prove practical difficulty in the use of its property to be
granted a variance, and Goldak said if there’s a hardship it appears to be
self-imposed.
Kowalski told Barber that if the hours of operation was indeed the problem,
“I’m not trying to tell you your job but for the life of me I don’t see how
(vinyl images in a window) will press the issue of open or closed.”
Vote was 5-0 setting the public hearing.
July 23 public hearings also were set by unanimous votes for Sunil and
Jigneshaben Patel of 1630 Putter Parkway for a fence-height variance; for
Lakeshore Physicians LLC to add a sign on the south side of the Lakeshore
Bone & Joint Institute at Coffee Creek Center; and for Gilmol Enterprises
L.P. to modify signage at the 702 Plaza Dr. Taco Bell.
Attorney Russell Milbranth said the Patels want to erect a 6-foot fence on
the inside of a landscaped privacy barrier on their corner lot at CR 1100N.
A variance is needed because town code sets a maximum 4.5-foot height.
Attorney Greg Babcock said the Bone & Joint Institute needs a variance to
construct a single-sided, 195 square-foot wall mounted sign on the south
side of the building so it will be readily visible from the eastbound and
westbound lanes of the adjacent Indiana Toll Road.
Two other variances initially were sought but withdrawn. Babcock said it was
determined an additional sign on the front of the building is allowed under
the ordinance.
Representing Taco Bell, Babcock said owner Gilmol Enterprises has given the
property a facelift and wants to modify the signs.
“There’s been quite an upgrade as Taco Bell is rebranding the look,”
explained Babcock. Locally that requires nine sign variances, some to locate
the trademark “bell” on the building and others for drive-thru menu and
reader boards.
BZA member Brandon Kroft questioned specific aspects of the petition. Town
attorney Charles Lukmann said, “We’ll get the mechanics worked out. The
important thing is you know what’s being asked and what’s allowed.”
Manual reader boards aren’t even addressed in Chesterton’s sign ordinance.
Later in the meeting Lukmann and Kroft said as the town Plan Commission
reviews the comprehensive plan, the BZA can be considering an update of the
sign ordinance.