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Noble County BCA approves variance allowing gas-station price sign to encroach on vision-clearance at 117 S. Jefferson
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Summary
At a special Noble County BCA meeting, board members approved variance No. 2393 to allow a fuel-price sign to extend into the required 25-foot vision-clearance triangle at 117 South Jefferson Street in Cromwell after hearing staff reports, applicant testimony and neighbor safety concerns.
CROMWELL, Ind. — The Noble County BCA voted to adopt findings of fact and approve variance No. 2393 on Feb. 23, allowing a fuel-price sign at 117 South Jefferson Street to project into the town’s 25-foot vision-clearance triangle.
The request, filed by 3 Brothers LLC and represented by Margison/Margettsman Graphics, sought permission for a sign that staff said would extend roughly 3 feet into the required clearance at the entrance to the gas station. Planning staff reviewed site photos and packet materials and reported two written comments in the record — one from INDOT and one from the town — that the board said should be considered in its decision.
In testimony, Debbie Margettsman of Margettsman Graphics & Signs said the installation would leave about 5 feet 2 inches between the sign edge and the sidewalk and described the proposed encroachment as roughly a 12 percent variance that "does not negatively impact public safety." Margettsman told the board she could provide additional photos to help illustrate sight lines.
Nearby residents told the board they worried the sign’s location, nighttime illumination and multiple station entrances could reduce visibility for drivers pulling from the alley and from driveways directly across the street. Resident Maynard Shaver, who identified his address on South Jefferson Street, said the station and sign are "directly across the street from our house" and recounted a prior vehicle incident in close proximity to the home.
Board members and staff discussed factors limiting alternative sign locations, including two separate drainage systems and a regulated drain crossing the property. Planning staff and others said the sign foundation placement was likely influenced by existing stormwater infrastructure and by requirements related to the State Road right-of-way identified in the packet.
The board moved to the findings of fact for variance 2393 and read the required findings under the applicable Cromwell ordinance and Indiana code. Each member called on the record agreed with the findings, and the board completed the motion and adjourned. The motion to move to findings was offered by Mary Worman and seconded by Michael Klopfenstein, and members present recorded agreement with the findings on the record.
The board’s decision permits the sign as described in the application; the packet and staff report recorded the proposed sign dimensions and placement, though some measurement details in testimony were inconsistent in the record. Staff and members noted that written comments from INDOT and the town were considered and that the county surveyor’s input had been requested during review.
The special meeting concluded with the board adopting findings and adjourning; no additional timeline or appeal procedure was announced on the record.
