Petitioners representing WH Plaza LLC asked the Bloomington Board of Zoning Appeals to modify a 2022 variance that allowed a new multi‑tenant sign on West Third Street. The variance included a condition that the existing pole sign used by the anchor tenant (At Home) be removed once that tenant vacates, and a three‑year time limit to obtain a sign permit for the approved multi‑tenant sign. Petitioners sought removal of the condition and an extension of time.

Staff reviewed the 2022 hearing and the petitioners’ request and recommended denying both modifications. Staff told the board the existing pole sign is a lawful nonconforming sign but that condition 1 — removal of the pole sign once the tenant leaves — was adopted to prevent continued proliferation of nonconforming pole signs and to protect aesthetics and safety. Staff concluded removal of condition 1 would perpetuate those injurious effects and recommended the board uphold the original approval with condition 1 intact; staff recommended denying an extension because the petitioner had ample time to act and any delay was self‑created.

Attorney Dan Cyr of Paganelli Law Group, representing WH Plaza LLC, said the pole sign serves visibility from I‑69 and attracts a “different kind of customer” than the proposed Third Street sign, and argued the condition unfairly limits successor tenants’ advertising. Cyr asked the board to remove the condition and grant a time extension so the approved Third Street sign could be permitted and built. Owner representatives and property partners said the multi‑tenant sign would help many smaller tenants without current frontage sign panels.

Several business representatives and members of the public spoke in favor of WH Plaza’s modification request, saying limited multi‑tenant signage currently leaves many tenants without frontage visibility and that the pole sign serves highway visibility for the center’s anchors. Staff noted there are multiple separately owned parcels along the Third Street corridor and that the previously approved Third Street sign occupies a location between parcels.

After petitioner and public remarks, a board member moved to adopt staff’s proposed findings and to deny both requested modifications to variance v‑38‑22. On the roll call the board voted 4‑0 to approve that motion (Ballard: yes; Fernandez: yes; Kacinko: yes; Throckmorton: yes), thereby preserving the condition that the existing pole sign be removed when the tenant leaves and declining to extend the time limit for permit issuance. The board’s action leaves the prior variance intact as approved in 2022 and enforces the original condition going forward.