Board approves Reagan Outdoor variance to relocate billboard after INDOT road project

The Lawrence Board of Zoning Appeals on March 18 granted variances allowing Reagan Outdoor Advertising to relocate an existing off-premise billboard affected by an Indiana Department of Transportation (INDOT) road-improvement project on Pendleton Pike and 50th Street.

Michelle Knopenberger, appearing for Reagan Outdoor Advertising, presented petition 25-LSB-0310143 and asked the board to permit a new location and several variances from the city's consolidated zoning and subdivision ordinance. Knopenberger said INDOT's US 36/Pendleton Pike and 50th Street improvement project (NDOT project number 1900157) requires partial taking of the parcel at 10305 Pendleton Pike and the removal of a legally established sign that has been in place for more than 36 years. "Our goal is to just have a sign that is functional in the proposed area," Knopenberger said.

Knopenberger cited Indiana Code provisions governing relocation of outdoor advertising (referenced in the presentation as Indiana Code 8-23-20-25.6 and related sections) and said Reagan is eligible for relocation within the market area because no final settlement agreement with INDOT had been reached. She said Reagan does not own the current parcel but has a lease and that denial of variances could lead to a significant financial loss; the presentation estimated the taking cost could reach up to $1,000,000 if relocation options were not permitted.

The company requested multiple variances of development standards, including permitting a radial separation of about 413 feet to a neighboring billboard where the current ordinance requires 1,000 feet, and relief from certain setback and protected-district distance requirements for the proposed CS-zoned parcel. Knopenberger presented letters of support: a property-owner letter from Coren Investments, LLC (owner of the proposed parcel and adjacent mobile-home park) and a letter from Shawn Smith, superintendent of MSD Lawrence Township Schools, noting the district advertises on the existing structure.

Board members expressed mixed commentary. One member called the petition a "classic" example of a unique hardship and observed the proposed location is in a primarily commercial area and will not introduce an illuminated LED upgrade. Another board member questioned the statutory scheme and whether the city's denial could shift settlement costs to the city; staff and other members explained that the company is seeking zoning in advance of any final settlement to preserve relocation options. The board also noted the INDOT project will add sidewalks and a turning lane as part of public-safety improvements.

After discussion, the board voted to grant the variances; the chair announced the vote as four in favor and one opposed. The board's approval authorizes Reagan Outdoor to relocate the off-premise sign to the proposed CS-zoned parcel subject to compliance with conditions noted in the staff file and any required building permits.

Knopenberger said Reagan plans to reinstall a V-type back-to-back 14-by-48-foot bulletin on a monopole with similar illumination to the existing sign and presented mock-ups showing eastbound and westbound faces directed to Pendleton Pike traffic. The petitioner said the nearest residence to the proposed sign location is approximately 560 feet away and that the proposed structure would be about 582 feet from the structure being removed on the Crewe Car Wash property.

The board's action resolves the immediate zoning question for Reagan's proposed relocation; INDOT's acquisition and any final settlement on compensation remain separate processes handled under state statute and do not change the board's zoning determination.