By PAULENE POPARAD

Town officials plan to check the plat for Indian Oak Mall, Chesterton’s first planned unit development thought to be approved in the mid-1970s, to see if it limits signage for businesses there today.

Since that time individual mall parcels were sold off contrary to town code, buildings were built over easements and other problems occurred prompting a major Indian Oak PUD revision 20 years ago.

Now, Scott Pendleton and Michelle Pendleton want to renovate one of the existing buildings there as a new-concept Dairy Queen Grill & Chill with an expanded menu as well as ice cream. But they also want at least 15 variances from town code to erect the size and number of signs they and corporate DQ want.

The Board of Zoning Appeals on Thursday set a public hearing on the petition for April 24 after alerting Pendleton attorney Greg Babcock that he should be prepared with some convincing arguments.

“Next month I’d appreciate information why you need what I call excessive variances,” said BZA member Jim Kowalski. “Fifteen variances is major league. Somewhere along the line we’ll work with the petitioner but he has fair warning.”

The area in and around Indian Oak at the southwest corner of Indian Boundary Road and Indiana 49 has plenty of signs already, said members. “Where does it stop? Where does it end?” asked BZA member Kim Goldak.

The new DQ, the former Security Federal/Bert’s Bagels building at 552 Indian Boundary Rd., is proposing 11 signs totalling 503 square feet; 224 square feet are allowed. Babcock said the number and extent of variances sought likely will be revised by April 24 due to ordinance interpretation after consulting further with town department heads. What officials find when reviewing the Indian Oak PUD also could be a factor.

The Pendleton petition includes two signs for Margie’s Cafe where a tenant would share the south one-third of the DQ building, which is located northwest of Walgreen’s. The former bank drive-thru window will be utilitzed for DQ food sales.

The couple also owns the Dairy Queen at 1249 Broadway; it would remain open. Babcock said it’s believed the two DQs would serve different customers and markets. Despite the number of restaurants at the Indian Boundary/Indiana 49 intersection already, “It’s amazing your fast-food scenarios want to be next to the other fast-food scenarios,” according to Babcock.

BZA president Fred Owens and others questioned why a proposed freestanding sign with a total of 202 square feet, almost 83 feet larger than code allows, needs to be 22 feet tall instead of the maximum 18 feet. Babcock said it’s to have good sight lines from Indiana 49 because there’s a decorative, solid Indian Oak fence at the intersection.

“This would be one of the bigger (signs) out there,” said Owens of DQ’s freestanding static reader board. Babcock reminded that to the west remains a 70-foot-tall sign for the demolished Shell station. “You’ll never see that happen again,” said Goldak, referencing how subsequent BZA decisions have held the line on high-rise signs.

Babcock offered to bring a list April 24 of the heights of signs in the area of the planned DQ. Kowalski said Indian Boundary signage east of Indiana 49 is more in keeping with what the BZA wants to see today.

BZA members and town attorney Charles Lukmann discussed how the Indian Oak PUD was done prior to adoption of Indiana law governing them and giving town officials guidance. BZA member Brandon Kroft said it will be important to see what the PUD says.

Machine shop advances

In other BZA action, also set for April 24 public hearing were twin requests for a use variance and a setback variance for Craig Jones and Rachael Jones to construct a new auto machine shop and offices at the southwest corner of 10th Street and Broadway. Since 1989 Jones has operated his shop out of the rented adjacent block building owned by the Lorenz family; that structure is on separate real estate and will not be torn down for the new construction.

A use variance is needed, said Babcock representing Jones, because although the front lots are zoned for business, the south lots are zoned residential. Additional variances likely will be needed for lot coverage and parking, the attorney noted, but no sign variances are planned.

Town department heads have requested project modifications to provide for better stormwater drainage so the original approximately 7,000 square-foot shop/office buildings will be downsized. BZA members made sure no variance was required for the planned 6-foot-tall fence.

Starbucks signs continued

By a 4-0 vote the BZA continued a preliminary hearing until April 24 at property owner Luke Oil’s request on its petition to keep the existing 70-foot-tall Indian Boundary Shell sign and reuse it for Starbucks, which wants to locate there in a planned multi-unit commercial building. A second variance is sought to erect a monument sign around the base of the high-rise sign.

At their Feb. 28 meeting BZA members told Luke Oil representatives it would be an uphill battle to convince them use of the legal but non-conforming 70-foot sign should be extended.