City of Olathe v. Board of Zoning Appeals

Briscoe, J.:

The City of Olathe, the city planner and the city building inspector appeal a judgment of the district court upholding a decision of the Olathe Board of Zoning Appeals to grant a variance to C & C, Inc.

C & C operated a Vickers truck stop and filling station in Olathe, Kansas. The truck stop is adjacent to an elevated portion of Interstate 35. For some time, C & C has displayed its business name on two free-standing pole signs, 20 and 37 feet high.

In January, 1981, the City adopted a sign ordinance as part of its zoning regulations. The ordinance prohibited pole signs, but…