Board of Zoning Appeals - Regular Meeting

We approve.

Today is March 18th, 2025. The Lawrence Board of Zoning Appeals is called to order at this time. I will need a motion and a second for the approval of the minutes. probably need to do each one individually, please. Okay. The first one being November 19th, 2024. Do I have a motion and a second? I'll make a motion for November 19th's minutes be approved. I'll second. All those in favor signify by saying I. I. I. Those opposed. Minutes stand as written. I need a motion, a second for the December 17th, 2024. I move for the minutes of December 17, 2024 to be approved. I'll second. All those in favor to approve the December 17, 2024 minutes signify by saying I. I. I. Those opposed. Minutes stand as written. I need a motion and a second for the approval of the minutes from February 18th, 2025. Also move. I'll second. All those in favor of approving the minutes from February 18th, 2025 signify by saying I. I. I. Those opposed. Minutes stand as written. If you've not done so, please sign in at the back of the room. And anyone wishing to speak tonight, please stand and raise your right hand. Do you swear affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth? Answer with I do. Thank you. Do we have any special requests tonight? Continuence, withdrawals, or waiverss? There being none, we'll go with old business, which is

25-lap-17140 East 46th Street, partial 4 000054, City of Lawrence, LC number one, zone C4. Lorraine Hog Jackson has requested administrative approval to continue the special exception use approved for a one-year term. Viva Verance 23-LS-8. Okay. So, I'm here today. They had You have to speak up for Oh, over here. Okay. I have been requested to make sure a ventilation was put in to the building the last time I was here. So, I did have that done and I brought the picture so they could see that if you want to see them. Thank you. And this is which one again? For the first one. Okay. We had asked that she put ventilation. Sorry. [Laughter] No, that's okay. May I not what was requested, so if you have any questions, let me know. Um, yes, I do. Transitional living, what how exactly are you defining that? transitional. Well, I like I explained before, I have uh different populations of people, elderly, um people that may have schizophrenia, um some that are just trying to get their life together, but where I'm at are the ones that really have to have

their medications uh administered and things like that. my other places, you know, people are pretty much on their own and, you know, they're just following their goal plans to move forward, but these just need more care and they're at a point where they need some quality of life and so that's my way of giving back. So, do they have So, do you have nursing staff, medically qualified staff? Well, I'm a nurse myself retired, but I do have staff there. Yes. The staff though that what are they RNs? Are they Well, I don't have to have an ON in there, but um I have the healthc care aids that come in and assist and do things. So, care for them. I mean, they're able to do things for themselves, but you know, we just assist them. So, you have um elderly in there, and I is that the el you said elderly was a category. is that these are elderly people who cannot care for themselves because dementia, Alzheimer's, some of them and some of them because of health conditions. Yes. And so you also then have people who have schizophrenia and and various mental health conditions. Um and and then you do you also have people who are going through um rehabilitation from drugs or alcohol or anything? I sometimes have them, you know, they do call me. So, are these all separated by how many beds do you have total? Let's see. One lady upstairs and six and six. But I'm not full all the time. You know what I mean? But I can't hold 12. Okay. So, you can hold 12 and then so and everybody's kind of mixed together then because it's a small space. No, they have pretty good space in

there. No. Oh, yeah. But I mean, but like you have you don't have like a special ward for people who have mental illness or No, I don't people who have Alzheimer's. They're in an institution. I have it set up like they they're in a home like in their home, but it's not their home, but it is their home where they live. And so, we just do a little extra for the people where they're not just put away. People don't come and visit them. I mean, I take them out. I take them on trips. And when I say trips, I take them on trips. We went to Mount Rushmore last year. So, it's just they're at a quality of life. I just kind of see things a little different. I mean, I understand how they do it, but sometimes people have plateaued out of all the groups, all the different places that they could send them, but they just need some quality of life. So, so that's what I do. I'm looking at Have you had a chance to look at these emergency rooms to your facility? I'll give them to you. Uh the emergency that's if someone gets sick Yeah. If they get if they get sick. Is staff there 247? Yes, cuz I'm there 247. So, okay. So, we have people who have some medical conditions, but I see you had one, two, [Music] three DOAs last year. Those were elderly people. One was 90 something. That was my little lady. I've had her for like five years. Um, and then some of them have conditions like I have uh one now that's going through chemo and radiation. I mean, you know, you just don't know. And and and so what about then you have it looks like people have mental

Well, yes, but they they will do that. And I'm not the only facility that suffers that when they get angry, it could be they didn't get cookies and milk or someone took their potato chips. It is an abuse. And I talked to them about it. But and then other things happen as well sometimes when they call me emergency sometime to take people because they do call me and I'm contracted with the hospital. So when they come a lot of times when they get these people they don't have family. Um I have to wait maybe two weeks to get the medicine and all I can do is just try to keep them at bay till we can get them in because you just can't walk in now sometime it take weeks to get into a doctor. I kind of I've built up a report with some that try to you know expedite things a little bit because they do need their medication. Well, I I I've just you've had like 37 emergency runs between police and fire in last year, which is about three times a little over three times per month. So that's and and they're all for different types of things. I realize that when people reach certain points in their lives, they need certain kind of care. But you also call it transitional living, which is I think of transitional living, and maybe I'm wrong. staff may know if there's one if the code defines it or something, but transitional living as where like people recovering from rehab, alcohol, drugs. So, they have to have a place to say as well, they transitioned into sobriety. People who have a medical condition that they're recovering from, so they transition into this. Yours, are these people on hospice? Do they come in on hospice? No. I mean, not really. I don't take any hospice patients, but you got to understand some of these people that

have breathing problems or whatever, they are they really get afraid before I can maybe tell them something. They have their phone, they've already called, but I mean most of the time I can calm them down, but there are people, a lot of them that they've been by theirself and that's all they know until you work with them. You just can't bring people in that have been other places. You don't know them and you're trying to build a rapport for them to be, you know, just 100% what you want. There are no panaceas. I don't claim that and there are none. But what I do is I really try to give these people hope. I try to show them that there's love out there for them. even though maybe family has disarmed them or whatever, they still can feel like they're with a family and that they have a home, not an institution. So, you referenced having more than one facility. Uh, how many places do you um I have some other places is totally different though it's not like this. I work with families. I have people that come in, young people, you know, they send me a lot of people, maybe they just really don't know how to budget their money. So, um, I've worked with them, maybe help them get a house, you know, rent a house, put them on a goal plan where, you know, they have to do certain things so that they can move forward. I've had uh two years ago I had someone send a family to me and they just kind of ran ran into hard luck. They both lost their jobs um in Kentucky where they were

going they were coming here to maybe try to find another job or whatever, but in the interim they really didn't have anywhere to stay and they were staying in the van with the children trying to I guess get it together. So anyway, someone called cuz they noticed that the children were taken away. So I helped them get the place, get it all set up because I know about that stuff and I helped them get their children back. Now they stayed with me for about two did everything. They were really doing really well. But I think the either the husband or mother husband or the mother's mother became really ill and they had to move back to stay with her. But I have good success I mean with what I do. I just do it a little different. So, so, so I would then guess that the funding for your facilities I don't get funds. No one pays you to do this? No, this I said this is my way of giving back. My books are open book. I do this because I sincerely believe that we have to give back and we have to help people. So, how how do you pay like the monthly utilities the cost of the building? I explained that last time. They have their program fees that they pay to cover for where you know wherever we're living the insurance, utilities, but as far as all my time or whatever, I just donate that. Okay. So, but but your staff gets paid and everything else. Yes, they get paid. So, then where does the money come from for their program fees and the money? They have social security. A lot of them have social security. That's what I was wondering. Okay. And they have case managers that manage staff. Okay. So then I I have one more question. I'll leave it alone. Um staff can I was I was not here for the last one. So thank you for your patience. I'm trying to She is a new

member. Yes. So um I was just wondering what why was this given a temporary variance the last time? That was one of my questions. I think we had an issue about occupancy and the fire department approving your occupancy last time. Did that happen? Yes. Yes. Yes. Everything's been approved. She's done everything. I comply with everything asked her to do and everything we asked her to do last time. Yes. The reason you wanted her back here was to re-evaluate, make sure that it was fitting well within the neighborhood and that she did everything that the fire and voting department asked her to do to bring it. and and I take it staff that you all um looked at. I don't know who licenses these or checks on them or anything else. So, I take it there's been no complaints filed, no problems with the reports being filed or anything else like that. But, and so it's it's in C4, but is that am I looking at the right one? Yes. Does allow um uh nursing homes or drug rehabilitation facilities very similar to the one we heard last month. Um, and he has determined that they are one and the same and we reaffirmed that last month. So, this fits in that category and the zoning is appropriate now. Okay. And then the D5, you've had no remmonstrators or anything from the from the neighborhood. Nope. And she's done notice twice. Yeah. Yeah. We've done twice. Okay. Well, I was there. I was there the first petition. So, welcome back, Miss Loren. It's good to see you. And I remember uh we did the one year because that was the only that was that was the best we could do at the time based on all the

information that was available. So, I'm glad to hear we had the fire marshall approve your occupancy. U my question was going to be and I remember this this happened that she signed the lease and was not aware that the zoning wasn't appropriate. So, also I'm glad the zoning got corrected. My biggest question is how's it going with the neighbors? I I see nobody's here. Well, you know, we're just to our It's a really big building. Yeah. And we have a a huge yard, you know, and I have it all set up with tables. So, they're there. They never go out really to smoke. Sometimes I let them go out the side cuz they don't want to be in the yard all the time and they are in the neighborhood. So, the staff takes them out. They just smoke and they come back. They're lazy, a little of them. Some of them, they don't want to do anything. They don't want to do anything, but um that's just where they are. So, okay. Well, good good to hear because I remember we had that one gentleman who had threw out a lot of hypotheticals. Oh, yeah. I I Oh, I remember that hearing. Um because I I think it was a split decision and I think the and I think the way that we passed was for you to come back. So, I am glad that you came back. I mean, it shows that your organization didn't fold. I mean, I think it shows I think I think you returning is kind of a testament to what you're doing. So, I I really am I I really was hopeful that we'd see you back and that things would be going well. So, I am glad to see you back. And I did comply with everything. And um I'm just hoping maybe um people may not want to do exactly what I do, but it's always something that is needed. Thank good job to help you know give back and know I a lot of people I mean they ask me they'll say but but you don't you don't get paid

you don't I no I worked 42 years I mean I live what I have in this is a corporate entity right this is a owned by a corporation LLC or LLC and you are the primary shareholder of the LLC correct Yeah. So, thank you all. Good to see you back. Any other questions? Now, this administrative review will stay with this until she either sells, moves out. Correct. Correct. She will not have to come back again unless you guys want to see her. When's the lease up? When's your lease up? Let's see. This is my third year. I have two more years and I'm going to renew. my health holds out. That's the old ladies moving toward eight. So, I gotta watch it a little bit. But I just stay pray and hopeful I can still do that because I've um I've did really well with communicating to people in the hospital settings. I mean, the legal system knows me, you know, and I don't change, you know. It it is what it is with me as I am. that I'm going to do it the right way. And so when you all asked me to do all these things, it was a little something. And so I talked to the um owner and you know, I had did so much to that building. It's not my building. And so we kind talked about it and he does like what I'm doing. So he went on and got the system just done. So we were able to get that out. He was I remember he was one of your big supporters. So Yes. Yes. Okay. Uh-huh. So, if something should happen to you Mhm. Right. then where would this fall? This administrative I mean and someone else

would come in instead of you. Uh well come back and get approval. Does it does it run with the company or does it run with the land petition? No, it's with me. Okay. But she she is the petitioner on this. But the the original variance was granted to her and Lorraine Hope Jackson and this specifically not it doesn't run with the property. Right. Right. It was specific to her and her business. And then I'd like to say this, if something would happen to me, the people, they all have case managers. So they would just place them somewhere else and then, you know, my children would have to, you know, finish, you know, cleaning up whatever I'm leaving there. But yeah, it's not like someone would just come in um and take, you know, take it over. It will just be done. I I don't want to throw wrenches in the works, but technically if the variance goes to her and it's being used by a business, that business, it's a for her her business plan, but her business plan, but it is a corporate entity, which means it stands independently from her. The way we wrote the variance, yeah, was that it was approved for the business plan that she provided and only to this petitioner. I I I know, but I'm just saying that In the future, you might want to think about how you construct these. I mean, I think this is fine, but in the future, when you have a corporate, I mean, technically technically for them to be able to use it under this variance, then there should be some kind of agreement between the LLC and her it's unusual to see a an a something go directly to the individual when it's a corporate entity that's operating the business. That's

why I disagree because of the articles of incorporation under the articles of incorporation. It would run to her. Well, it's an it would run to her as sharehold she's in an LLC. So that she's either a member or the manager managers. Shareholders are for incorporated, right? So I'm saying so as the LLC. So that's what she didn't sign this. It's a pass through, but she didn't sign it for as as member or manager of this LLC. That's not how this was phrased. That's all I'm saying for the future. So, okay. Yeah. Okay. Thank you. Any other questions for Thank you. All right. We'll hear for any remmonstrators that are for or against the petition. There be counselors here tonight. Do any of care to speak? I do. You didn't swear. You didn't. Okay. Come on. No. No. Come on. No. No. No. No. No. Come on. I said raise your hand. Just raise your hand. Do you swear affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? I do. Okay. Thank you, Miss Missouri. Um, I think that uh this is a person who's doing something that uh she feels is making the world a better place and uh I support what she's doing. Okay. Thank you. Any other counselor? Okay, we'll hear from the city of Lawrence. Renee, City of Lawrence supports this petition. Thank you. Petitioner, do you have anything else to add? Okay, then the board is ready to vote. Correct. Okay. And we're voting to accept the year extension. In effect,

this is the last This is the last one. Okay. The board is going to be voting on 25- LAPP-17140 East 46th Street, partial 40054, City of Lawrence, LDC number one, zone C4. Uh Lorraine Hogan Jackson has requested administrative approval to continue the special exception use proof for one-year term viva of variance of 23 LO8. Okay. The board has voted unanimously to grant the administrative approval. Thank you. The board will hear new business 25 LSV3 10143 Pilton Pike partial 400319 city of Lawrence zone LCD number four zone CS or Reagan Outdoor has requested a variance of development standard to relocate an existing off- premise billboard due to reconstruction on Pillan Pike. Hello, my name is Michelle Nothinger at 511 Madison Avenue, Indianapolis, Indiana, 46225 on behalf of Reagan Outdoor Advertising. Good evening, chairperson and members of the board. I am here this evening to present our petition [Music] 25-lb located at 10143 Pendleton Pike for a variance of development standards of the city's ordinance. If you would please take a look at the pres presentation packet I passed out and turn to the second page. Thank you. Reagan Outdoor has been in business

for 60 years and is owned by Bill Reagan senior and his three children. Reagan Outdoor has seven markets including our Indianapolis Indiana market. The Reagans have helped out the communities we are a part of by paying it forward to various causes like the American Red Cross, United Way, and the YMCA to name just a few. On page three, uh there is an off- premise billboard sign owned by Reagan Outdoor Advertising that exists at 10305 Pendleton Pike in Lawrence, Indiana, located on the crew car wash property as a result of a state of Indiana Department of Transportation road improvement project at 56th Street and Pendleton Pike. This project requires the partial taking of the parcel at 10305 Penelan Pike and the removal of our sign which has existed over 36 years. The top left uh 1990 map indie aerial photo shows the off- premise sign that existed and the image to the bottom left shows the location of the current sign from the 2024 map in the aerial view. The two photos to the right are Google Street View photos of the current off-remise sign that is scheduled to be removed. Page four. Pursuant to INDOT rules and regulations and in conformity with state statute, this off- premise sign is eligible for relocation as it is permitted to be relocated within the market area of the current location under Indiana code 82320-25.6 which is referenced here. I would like to point out the highlighted text to the left section 25.6J 6J which states that Reaganate Outdoor may relocate the outdoor advertising

sign if the parties have not entered into a final settlement agreement or no final judgment has been entered with the state which is true for this location. INDOT received the right of possession on December 30th, 2024 within this area for the construction of the Pendleton Pike and 56th Street project. Reagan Outdoor is still eligible for relocation within the city of Lawrence, which which is the market area. Under INDOT rules and regulations, outdoor advertising structures are allowed in commercially and industrially zoned parcels. Page five. Under Indiana Code 8-23-20.5-3, if the variances are not granted, the financial difficulty would be imposed on the city of Orange with the total taking cost likely to reach up to $1 million. Uh page six, I have included the details of our petition which we have petitioned for the variances of development standards of the consolidated zoning and subdivision ordinance to provide for the relocation of a legally established outdoor advertising sign due to a road improvement project by a state agency of which the relocated off- premise signs proposed location is in the CS commercially zoned district allowing a pull sign with a maximum square footage of 672 feet within 413 feet from an outdoor advertising sign measured radially and located within six feet of a protected district and partially above a primary building and a six-foot setback from Pendleton Pike. On page seven, you'll see the proposed location uh with the gold star is approximately 582 feet in distance from the structure to be relocated where the crew car wash property

is page eight. Uh INDOT's 56 street and pedal and pike road improvement project number 1 1900157 is detailed on this map. The yellow star represents the current location of the sign to be removed where INDOT is relocating the 56th Street turning lane along with additional right ofway. The dotted red line that's uh I have a little bit enlarged on the left side shows the new permanent right ofway which doesn't allow us to relocate on the same parcel. uh and crew car wash wasn't, you know, wanting us to relocate anywhere else on the parcel, which was very limited. Also, page nine is a more detailed description of INDOT's 56th Street and Pedal and Pike Road improvement project, which will allow for dual left turns and reducing weight times at red lights. Uh let's see, page 10. The structure on the crew car wash property to be removed is a Vtype backto back 14T by 48 foot bulletin monopole with illumination. The structure will continue to be a VType backtoback monopole structure with each static facing being 14t by 48 ft in advertising space size and directed towards Pendleton Pike. The structure will also continue to be illuminated by lights affixed to each side of the structure. Page 11, uh, we show the current zoning for this location as CS, special creative negotiated commercial district with a commercial land use classification. Page 12, we show uh the site plan showing the dimensions of the proposed sign to the parcel perimeter.

And then on page 13, here's an enlarged 1990 GIS aerial view from App Indie showing our off-remise sign to be removed, which has existed over 36 years. A lot's changed since then. Um, so page 15 or sorry 14, uh, we are requesting a distance of 413 ft between an outdoor advertising sign measured radially as the current ordinance restricts the distance to 1,000 ft. And then on the next page 15, the outdoor advertising sign that is approximately 413 ft from our proposed location was built between 2003 and 2004. As you can see from the GIS aerial views, the structure to be relocated was built in 1989. Due to special circumstances with the need to relocate the off- premise billboard sign, there is a need for flexibility as the existing sign was not previously subjected to. Page 16, the 6oot distance from a protected district is measured to the zoning perimeter, which are the orange lines that you see here on this map. The parcel to the west is Quail Creek Mobile Homes is owned by Coron Investments LLC, which is also the owner of the parcel of the proposed structure. The closest residence to our proposed off-remise sign location is approximately 560 ft in distance. And then on page 17, we have a photo for eastbound traffic that has a mockup photo of the west facing panel and structure, which is our right hand read. And then now we have a photo for the westbound traffic. Um, a mockup of the east facing panel and structure, which is our left-hand read.

And then on page 19, uh the lighting that is to be used is very similar to what is on the current structure. Uh in the proposed structure will have the sign view LED three lights directed towards each face. Page 20. Page 20. Uh, here's a copy of the letter of support from Coron's Investment LLC, who owns the parcel for the proposed off-remise sign location, as well as owning the parcel to the west, which is the Coil Creek Mobile Home Committee, and the parcel to the east, which is a continuation of the Never Enough Storage Facility. I didn't know if you wanted me to take the time to read the letter. No. Okay. And then the next page on 21, one of our advertisers on the current structure to be removed for our east face uh is with MSD Lauren Township Schools and Superintendent Sean Smith has written a letter of support as well. On page 22, the city of Lawrence advertises on the structure to be removed on the west face for eastbound traffic. Here's a couple photos of some of the advertisements that we've had. Uh and then on the last page, other opportunities an off- premise sign can present to the local is the local public service and community outreach advertising campaigns such as friends of indie animals posting adoption photos and our collaboration with the Indie Arts Council for our high art program to name a few. That's it. I don't know if anybody has any questions. I'm going to miss m not seeing it when I drive by there all the time. It'll work very similar to Legends. I mean, you'll still be able to see it, right? Right. It's all done. Yeah. And that's done with the realignment, but as far as placement of billboards, that's probably the best one in the whole city, right? I mean, that's that's the truth.

That's the present one. Totally agree with you. So, totally agree. So, we don't really consider content, although I appreciate all the the things and the letter of support from your um from the people who advertise on your billboard. Sure. Um, I think it is really sad this the placement has to be moved, but as far as granting a variance, I mean, this is kind of the classic. You have a unique hardship. You're in a completely commercial area, so it's not really affecting the public. Um, and it's not, you know, I think as far as safety concerns, it's it's just moving a block away. But, well, they're not asking that it be upgraded to an LED. Right. Right. And it's not even I'm saying like the billboard ones. This is like the classic. Oh god. Can we use this as like a case? Trust me, we were heartbroken. We found out and wanted to take this location. I was like, "No." I mean, it really is good placement. So, yeah. Yeah. This the old one so good. Yes. Yes. Do you give a discount to the city? I'm sure we do. Not for profit. I don't know. Yeah. Sales is completely opposite of what I do. So, yeah. I'm not exactly sure. We don't care. That's Well, we do care, but that's a whole that's a whole different head. It's a great location for anybody traveling home bike. Yes, for sure. Yeah. But I mean, yeah, you have to support the property owner. I think um yeah, I think this is kind of like the quintessential variance. Um you have a very unique situation happening, but it is as far as billboard placement goes, it is kind of sad. Are they putting sidewalks in? Actually, I didn't realize this project was happening. I believe they are. Yes. So, yes. Um I didn't include that on my um layout, but they did include sidewalks as well because that is important for public health and safety. Definitely. Yes. Yeah, definitely. Um I am I've only been in Lawrence for a little over a year and a half. So I'm

not as familiar with this billboard as my colleagues are. And I usually try and go and drive and see them, but I am right now in the throws of a house renovation and I've been dealing. So could be exciting. Yeah. Yeah. So, uh, but I have to ask you this question. Why would a school district write a letter of support for a billboard company? They advertise on one of the faces. And yeah, but that's not I I I just find that really unusual. I've never seen a I mean a school board taking a position on something like this. That's why I was just wondering. Um, superintendent was very thoughtful in doing that for us. So, okay. So, as I understand, and this law, it's my first time dealing with this law. I I chaired the mayor's of Indianapolis's their uh billboard committee two different times that it went that we revamped the legislation, but I've never dealt with this aspect. So, it's kind of interesting. So, what this is saying is that when you come in and the state takes it by eminent domain, then you're given a choice. You can either work out a settlement with the state of Indiana or you can say I we would prefer to go to the city of Lawrence and try and work out a variance. I mean to try and work out a new location. Correct. Yes. But even though it says that if we turn you down for what some reason there the part one of the code provisions says that you have to comp all billboards must comply with the code provision. Obviously, since you're seeking a variance, the sign does not completely comply with the code. Correct? So then it says that uh we uh if we don't give you a special exception, but it doesn't say on what grounds we have to give you a special exception, then the city of Lawrence then becomes responsible for settling

with you. Um, and I don't know. I mean, I I I I I have a trouble thinking that a law, if a law was written like this, then certainly somebody should be looking at it because basically what's being argued here is that, okay, city of Lawrence, we get to pick. Do we get paid by the state of Indiana? Are we going to come over here and hold a gun to your head? Because it's our choice as the company. So therefore, we're going to come to Lawrence and you have to give us whatever we want. Is that what it's saying? That's what I'm That's what I'm wondering. Under the under the state constitution, they can do eminent domain, but they have to first tender payment for the land that they are seizing. So that's where she's at. And so what she's trying to do is lay the groundwork as far as zoning goes so that when when they tender to take the property, then she will have a plan in place to transfer the billboard to a new location. It's just planning. Well, the other statute though, that statute says that notwithstanding, if they've filed an action, parties have not entered into a final settlement agreement or no final judgment has been entered, the owner may relocate the outdoor advertising thing under this section. So, if they haven't reached an agreement regarding the value of the land, and I'm not even sure, does Reagan own that land where it's currently sitting? We do not. We have a lease. So, they wouldn't get that that money for the land itself. what they would get is the money for the value of their billboard and its use over the years. And then that would also then be subject to I don't know how long your lease is for. Um I don't know if I have enough time to give a primer on eminent domain, but I I think I think we're sound here. Well, I'm just asking I mean and I think I have that right to ask that question. So and I I that is why. So what exactly is the subject of your variance? What is it? Refresh me on that is removing our

billboard sign. No, no, I know that. But how does it not want to move to another location? But how does it not meet with the zoning? I'm sorry. The zoning ordinances what it what requires you to get the variance because it what part of the zoning ordinance does it not meet with? Is it because are you getting variance of use, variance of the variance of development standards? Yeah. Uh so we need to the location the proposed location is in CS zoning uh which is a commercially zoned location but with billboards I believe there's only certain commercial districts that they allow like C uh seven I know is one of them. I can't remember some of the other ones. So CS would be one of the variances and then we have the the distance from another billboard um radally which wasn't subject to previously when it was first um installed the distance from a protected district um the distance for or the setback um as well from Pendleton Pike were um and then I can't remember some of the other ones there's seven of them and it's start they're page two right So, so um the so there's there's quite a number that are of of variance and such and which the billboard wasn't subjected to back in 1989. So, we just want to be made whole and that's why we're going through this process of the variances since obviously the the ordinances have changed since then. Well, in in the um you weren't subjected back to for in 1989 because those weren't the requirements then, right? Correct. Yes. And those are the requirements though now because we've taken correct a tougher stance regarding billboards and such within the city. Correct. Yes. Or the county.

Okay. All right. Thank you very much. You've been very patient. Thank you. Do we have any other questions at this time for the petitioner? Thank you. Thank you. We'll hear from any remmonstrators for or against the petition counselors. City of Lawrence, we are in support of this petition. Thank you. Petitioner, do you have any other comments? Sure. Uh, so the off- premise sign to be relocated was not previously subject to the variances requested today. As a result of the need to relocate our sign due to INDOT's US 36 Pendleton Pike and 56 Street road improvement project, our goal is to just have a sign that is functional in the proposed area where we can keep the same type of situation that we have as INDOT requires our interest and would avoid a negative outcome with significant um injury to the city of Lawrence economic injury. Thank you. Appreciate it. Thank you. Board ready to vote. Board is voting on 25 LSV-03 10143 Pilon Pike. A Reagan Outdoor has requested a variance of development standard to relocate an existing off-remise billboard due to reconstruction of Pilda Pike. Okay. The vote is four to grant and one to deny. So it's been granted. That would do well. Thank you very much. Thank you. Is there any other business at this time? Then the Lawrence Board of Zoning Appeals is ajourned. Thank you.

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