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3/3/05
I talked with Jay Moore, Board of Zoning Appeals attorney today. Here is a summary of the Billboard situation to date:
Burkhart originally filed to construct a billboard 4 days BEFORE the Overlay District absolutely prohibiting billboards in the overlay district was adopted. After our hearing we all attended, Burkhart wanted another hearing based on the pre-overlay rules. This would mean they would have only to comply with the existing Clinton County lighting ordinance.
That hearing was granted and heard, and the billboards were still denied, based on, among other things,consistent land use and context arguments. Burkhart then filed suit one week ago to be heard in circuit court, alleging that the reason for denial was unfounded.
Several things are worth noting:
1) Clinton County will defend the Burkhart suit and try to prohibit the billboard
2) The Billboard, in the unlikely event it is erected, WILL have to comply with the Clinton County lighting ordinance. The lights WILL be turned down and Full cut off WILL have to be observed. Burkhart is prepared to do this, and has plans that comply with the lighting ordinance.
3) The pre-overlay hearing may be re-heard (Novo-hearing) due to the fact that one of the key BZA people did not attend and the recorder was not functioning properly. If a new hearing is set, we need to turn out in-mass like we did last time, with good arguments against DOWN-TURNED lights ready.
4) There will be NO MORE billboards at all in the overlay district after this possible one, if they do succeed in getting this one in, which I don't believe is likely to happen.
Hope this helps.
I encourage you to get a lighting ordinance in your county enacted as soon as possible. Things are closing in fast.
Thanks for your help so far. I'll keep you informed.
Regards,
Russ Kaspar
V.P. Kaspar Broadcasting Co., Inc.
P.O. Box 545
Frankfort, IN 46041
(765) 659-3338
Phone: 765-659-3338 Fax: (same)
e-mail: rk@...
V.P. Kaspar Broadcasting Co., Inc.
P.O. Box 545
Frankfort, IN 46041
(765) 659-3338
Phone: 765-659-3338 Fax: (same)
e-mail: rk@...
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