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Saturday, December 16, 2006
Ind. Law - Does a variance apply to a structure or the land?
This story by Carrie Rodovich appears in today's NWI Times:
HOBART | Members of the Board of Zoning Appeals are wrestling with a modern-day version of the chicken or egg conundrum.They must decide if a variance granted to a billboard applies to the billboard itself or the land on which the billboard was erected.
For years, Lamar advertising had a contract for a billboard about 250 feet east of the northeast corner of Utah Street and U.S. 30 and had a variance for that sign. Earlier this year, Lamar decided not to renew its lease, and is asking the Board of Zoning Appeals for permission to move the billboard about 200 feet west, to a location about 50 feet from the northeast corner of Utah Street and U.S. 30. The business received a necessary permit from the state to do so.
At the same time, representatives of Outdoor View advertising have approached the BZA, asking for permission to build a new sign on Lamar's former location. They have not yet received a state permit.
Both signs cannot be approved by the board because state law prohibits billboards within 500 feet of each other, City Planner Sergio Mendoza said.
The board voted Thursday night to table both requests until the January meeting to see if Outdoor View also gets a state permit. The board also has the option of denying both requests.
Posted by Marcia Oddi on December 16, 2006 09:27 AM
Posted to Indiana Law