Yes, that's the two.

I just have some such as a little bit of a side.

I think we're not going to be sort of because that's the time, which is a good one.

We wouldn't have to do that.

We're all going to have just a ball.

I've got to read your own.

Not necessarily.

Yeah.

So I think it's a key time.

I think that's what I think.

It should be a sort of asking, which is the one, yeah.

I just want to study us.

I think that's what did I give you a map and doesn't even have a problem.

I have our no no, thank you.

No, no, as you should be.

I have out of the case, but it's a good one.

So, we should have a more interesting.

So, it's all right.

So, really, if you're on the source of the time, I mean, you just need to do it.

Okay, it's a very good thing.

This meeting is being transcribed inside.

So, I think that's a good one.

So, I think that's a good idea.

So, what about that?

So, I think so.

I mean, I think we're trying to know this.

I think it has to be a funny system.

That's true, but I don't think that's what I think.

That's my gabble.

It's made out of paper.

We couldn't afford the real thing.

Okay.

I would like to call.

The May 21, two thousand twenty-six meeting of the Board of Zoning Appeals to order.

Will the Secretary please call the roll?

Miss Cabell, here.

Miss Kasha.

Ms.

Payne.

Here.

Mr.

Rudolph?

Here.

Mr.

Shetler.

Here.

Mr.

Zayner.

Mr.

Petke.

I'm here and uh show that we have a quorum, so let's keep on trucking.

May I have a motion to approve the memorandum of the April meeting?

So move.

Second.

Thank you.

We have a motion and a second.

Will the secretary please call the roll?

Miss Cabell?

Yes.

Ms.

Kasha?

Yes.

Ms.

Payne?

Yes.

Mr.

Rudolph?

Yes.

Mr.

Shetler?

Yes.

Mr.

Petke.

I vote yes and show.

Please let the record show that the April memorandum is approved.

And the next things that we do are really tricky.

So we're going to play a recording that describes our proceedings.

I'd like to welcome you on behalf of the Board of Zoning Appeals and the staff of the Area Plan Commission.

The Board of Zoning Appeals is an appointed seven-member board established by State Legislature.

It's given the responsibility to hear an act on all appeals, requests for variance from the zoning code, and establishment of special uses.

Since there are seven members of the Board of Zoning Appeals, to establish a quorum, we must have four members present in order for a petition to be approved or denied.

Or limitations it deems necessary and which are appropriate to implement the principles and purposes of the zoning ordinance.

The board keeps minutes of official actions of its proceedings.

These minutes and files are public record and are kept in the Area Plan Commission office in room 312 of the Civic Center Complex.

When you come before us, we ask that you state your name and address into the microphone since everything is recorded and kept as record.

This board, which by state law is a quasi judicial body that cannot be contacted by the public prior to the board of zoning appeals hearings, has jurisdiction over two types of petitions.

One is special use and the other is variance.

Neither of these categories is a rezoning, their special waivers or special conditions that this board has authorization to grant to the petitioner.

A variance is an application to waive or modify certain requirements of the zoning ordinance.

It's not a rezoning of the property.

In order to receive approval, the following criteria must be satisfied.

The four conditions necessary to grant a variance are summarized as follows.

One, the approval will not be injurious to the public health, safety, morals, and general welfare of the community.

Two, the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.

Three, the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.

Four, the variance is not a variance of the use of the property.

In our review of variance requests, the zoning code establishes the criteria that must be applied to each petition.

Specifically requires that these criteria must all be met for a variance to be granted.

The second category that we have before this board would be special uses.

Certain uses that are necessary to the life and economic health of the community, but they have characteristics of the operation that do not readily permit classification in usual residential, commercial, or industrial districts.

Special uses or secondary classifications.

They're not rezonings.

In order for a special use to be approved, the following criteria are used.

One, whether the specific site is the appropriate location for the use.

Two, whether the use as developed will adversely affect the surrounding area, three, whether there will be a nuisance or a serious hazard to vehicles, pedestrians, or residences, four, whether adequate and appropriate facilities will be provided for proper operation of the use.

Five, whether the use is in harmony with the Evansville and Vanderburgh County comprehensive plan.

And six, whether the use is essential or desirable to the public convenience and welfare.

The Board of Zoning Appeals approval or modification of a special use classification may include whatever reasonable conditions, limitations, or temporary uses necessary for the protection of the public interest.

To protect public interest and to ensure compliance with requirements to be included in the site plan, the Board of Zoning Appeals may require whatever evidence and guarantees are necessary to assure compliance with conditions, limitations, and temporary uses.

There will be a 10-minute time limit for petitioners and a 10-minute opportunity for remonstrators.

Following that, the petitioner will have five minutes for rebuttal.

Okay, the next regularly scheduled meeting of the Board of Zoning Appeals will be Thursday, June 18th, 2026 at 3 o'clock PM in room 301 of the Civic Center Complex.

The following petition will not be heard this evening.

It is VAR-2026-017 at 11216 Walnut Road.

This petition has been continued to the June 18th, 2026 meeting.

And one last piece of uh request is that if we are having staff read your petition into the record that the applicant would approach the podium at that time, it would be greatly appreciated.

And now let's move on to the first item on our agenda, please.

All right, as to all matters before the board today, do you swear or affirm the testimony you will give is true and accurate, so I'll be good.

I do.

Thank you.

All right.

First up we have docket number SPU-2026-003 at 4100 Cobert Avenue.

Petitioners Landmark Recovery on behalf of Universal Health Realty represented by Andy Smith.

Applicant requesting special use number three to allow a residential treatment center.

This was continued at the last meeting to allow the applicant time to file a UDC or use and development commitment outlining operational details.

We did not receive anything before this meeting.

Pardon me, is there anybody here for this?

Okay.

Well, okay clock.

That's why we do that.

Very easy.

Do we need to take action on that?

Or can we show it?

It's what I think.

Okay, so everybody's okay with that.

Okay.

Please, let's go to the next petition then.

Okay.

Thank you.

Next is document number SPU-2026-004 at 16035 North Bolkman Road.

Petitioner is Robert Redden the third.

Applicant requests a special use number 24 to allow private recreational use.

All right.

Well, everyone who's here to speak on this petition for or against it, please raise your right hand.

You swear or affirm the testimony, we'll keep your hands up so I can see you if you're in the back there.

Do you swear or affirm the testimony you will give is true and accurate to help you out?

I'm asking all of you.

Yes, okay.

Yes, thank you.

Okay.

And that was to ask.

Good job.

Will you please start with your name and your address for the record?

Um Robert Redden the third, and it is 16,003 Vulcan Road.

Okay, great.

Uh can you tell us a little bit about what's going on here?

Uh yeah, we've got a piece of property that we plan on doing some camping and just spending time with the family.

We're wanting to build a cabin for storage, keep our lawnmower out there to upkeep and some tools.

We've been planting a bunch of trees and stuff, and I'm having to take everything back and forth.

It's just kind of a bit much, so we're hoping to make it a little easier.

So they need to get a special use to keep their equipment there.

So this one is for private recreational use.

This came to us originally as a violation.

There was an RV parked on the property, and there's no residence or anything else out there.

It hasn't been permitted for anything.

It was recently part of a parcelization, and this is one of six or seven parcels in that.

Um they're starting to build residences around this property, so that's how we heard about the RV being parked out there.

Um there was a temporary structure as well.

Um we tried to provide pathways to bringing it into compliance.

Um this just was one of them.

They said that they were going to use the property for camping and hunting.

So that would describe the recreational use in order to permit an accessory structure.

Without a primary use established first, this would be the only way to do that.

Um, but they still have to define what recreational is going, what recreational activity is going to be taking place.

They get to pick.

It's whatever they define it as, and it's up to the board whether they think that that's appropriate use of trapper.

Okay.

Okay.

Does that sound cool?

Yeah, I plan on hunting, and I've got family of four.

We hopefully will get to camp.

And like I said, I've been cleaning up property plant trees, so I'm hoping my kids can come out and help with that, but calling back and forth is just a lot.

So what about the RV park there and the temporary structure?

R being removed, the temporary structure is taken down.

I do still have the materials out there because I was waiting to see if I get approved or not.

So I plan to use some of the materials to build, and if not, they'll be gone.

Okay, they're already sitting ready to load on a trailer one way or the other.

Okay.

What else?

Do you want to tell us anything else?

I don't think so.

Open up for questions.

Okay.

Are there any questions from board members?

So uh the site plan evaluation says that you're gonna build a 380 square foot barn.

Yes.

Um it'll be lofted, so I have a little bit of sleeping area so that if we do camp that we can be comfortable and off the ground, and half will be for storage, half will just be for hanging out whenever we're trying to get inside from you know being around the fire or whatever we end up doing.

You know, you can't live there.

Yes, I have no plans to live there.

Our house is 15 minutes from there, so we don't have any need to stay there other than hanging out on the weekend just to get away from town.

So thank you.

What kind of hunting?

Uh I deer hunt and my dad likes turkey hunting.

Um more than likely, if we do hunt, it's gonna be with a crossbow.

Um I know that the neighbors are pretty close, but we have a pretty decent area in the woods.

I've got four acres of woods and it's all on a ridge.

So depending on what we see there, hopefully we'll get to do a little bit of bow hunting.

But if we approve this, is he allowed to do any kind of hunting that he wants?

Okay.

I believe he's allowed to hunt it regardless.

We are not determining whether or not he can hunt, it's whether or not he can have a shed.

Well, you're determining if the recreational use is appropriate for this location.

It doesn't have anything to do with his shed.

Yeah, but it's we're not, he could still hunt it without he can still hunt the land without the special use.

With it not being technically, yes.

There just can't be any camping or staying out there, but in order to start using the property and it be a permitted use and not be in violation, they have to establish some sort of recreational activity that they're going to do out there.

Yes, but he could still without this, he would still be able to drive out their park and well the only the only permitted use.

This is ag, right?

Yes.

The only permitted uses of of agricultural land are agriculture and single family dwelling.

So I think that's the question, and when you add to it the fact that he wants to build a what he's calling a cabin, then that makes it even more.

I mean, that more establishing a use that is not either agricultural or a dwelling.

So that's why he needs the special use for building the cabin.

Well, I mean, I I think you would argue that what I was just saying he can't.

It can either be a single family dwelling or agriculture.

No, I'm saying that's why he would need the special use, is to add a permitted use.

Which is as it is now, he cannot do that.

That's right.

That's why he doesn't.

I mean, I was just telling Tom that that was.

No, no, I get that.

I was just saying is that I don't know of how much the area plan commission regulates hunting.

And there are other rules that govern that as far as how many contiguous acreage, how much continuous acreage you have to have in order to use a shotgun versus a rifle versus a bow, and how close you can be to residences and stuff, but that's all usually defined by the DNR.

Right.

I don't think I don't think this board is being asked to opine or or give a blessing to any particular details about the hunting.

It's the simple fact that it's not agricultural and it's not a dwelling.

What and it's not being used as a dwelling.

So I mean, I think you could I would argue that you know you really can't go out there and use the property for something other than agriculture or a dwelling.

That this board has no uh, you know, no jurisdiction to say whether it's a bow or a deer or a turkey or a or a gun or uh how many are you know acres it is.

You're right, I mean DNR handles all that.

Are you suggesting we can't take that into consideration when we make our decision?

I'm suggesting that your decision to, if if you were to approve the special use for recreational purposes, even given this the description that he's given you, it does not relieve him of the obligation to follow the law as prescribed by the Indiana regulations and and enforced by the DNR.

So it's it's up to them to determine the details of whether he's you know got enough land or or using the right kind of you know, weapon or or the right kind of uh animal and hunting the right kind of animal or not.

That's that's not up to you.

But you you can say yes, you can use it for recreational purposes, even for what he's describing from a zoning standpoint, but not from a DNR standpoint.

I mean, he that's a different question.

It's the same way with you know, if somebody has a an HOA or they they've got restrictive covenants, I mean you can you can grant a variance, but it doesn't override no, yes.

No, my thing, my main thing was wondering is that I haven't heard of a of uh you know area plan getting involved in whether or not a property is able to be used for hunting, so Dirk, his his uses right now are agriculture or uh single family dwelling, right?

Hunting is not included in either one, right?

That's right, it's a recreational use.

Okay, and so the weapon of choice is a separate question, but hunting would be added if we approve private recreation.

Yes, yeah, okay.

We could take it out of there.

What do you mean?

Remove hunting from the definition of uh private uh private recreation.

Is that what you're meaning?

Yeah, Tommy.

If you approve us if you approve a special use number 24 for private recreational use, but you put conditions on it that say, however, it can only be used for the following private recreational use, or it can't be used for this or that private recreational use, then I suppose you could do that.

You can put conditions on a special use approval.

But is that I mean, is that the question?

Is it yeah?

You want to you want to approve a special use but no hunting?

I'm not sure that there's enough acreage there regardless to be able to actually hunt with a firearm.

Um I think the way to do it is to say subject to the are you saying from a regulatory standpoint or just does common sense both.

Yeah, that's actually the law is common sense if you're hunting on that small of an area, it's a hundred feet from a dwelling, and you obviously don't aim anywhere near their house.

That is, I've looked it up, all the laws on it, and that is the requirement.

Yeah, I mean, I think if the neighbors have a problem with it at that point, they need to call the DNR and have that straightened out.

Have you hunted on this property before?

I've just I've thought about it whenever I was looking at the property, there's a stand in the woods already, so I was just checking it out, but I haven't set anything up at the moment, don't have any plans to do it anytime soon because I'm still trying to establish, but it is in the future plans.

Okay, so any other comments or questions from board members.

Uh not necessarily comment, but are we going to read into the record the emails that we received?

Well, we've also had some people that are here, I think, to talk about it.

So maybe after that.

Okay, Robert.

Robert, why don't you have a seat and then we'll hear the remonstrators and then you'll have a chance to come back and repeat.

Thank you.

Okay, who else raised their hand to remonstrate on this?

Would you please come forward?

Start with your name and your address just for the record into the mic.

Yes, it's um Angela Brown, 16101 Volkman Road.

Ms.

Brown, yeah, Miss Brown, what would you have us know about this?

Yes, so um we purchased we tried to buy that other property to begin with.

We were fit out, but um, we were in the impression that he was going to build an actual home.

I I've met my neighbor, and uh we're building a 1.5 million dollar house on nine acres right next to him.

And I know uh it's different out there in the country uh with zoning laws and things like that, but I don't agree with it at all.

Um, and in fact, um, ever since he's owned the property, we've had to re-improve our roadway back to our house because he hasn't maintained the drainage culvert pipe or whatever, so a lot of mud has gone into our uh situation over there on the new belt at the beginning of our drive.

And he's had a bunch of stuff out there sitting out there for um pretty much ever since he's owned the property.

And uh we talked to our neighbor, and they already put in a, we were gonna give it some time, and we didn't know what he was doing out there, but there was just a bunch of junk uh on his property sitting there.

Um there was a building that was made out of uh like plyboard uh there, but he has removed the majority of it, and there's still some things out there, but I don't agree with it at all.

I mean, there are children on every single side, and even if he shoots towards the road towards Boakman, there's another residence there, there's residences all the way around.

As you can see, the homes right there and our home back there that we're building, it's just not that big of a parcel, and I don't agree with him.

I know that the hunting thing is okay, but for him to build a shack out there, I don't agree with that at all.

Okay, any questions for Ms.

Brown?

Mike?

Um, do you know if he put in that little for lack of a better term, culvert himself?

Because it doesn't look to me like it would be in compliance.

No, I think there was something that he had to do to make it within compliance.

He built the road himself, whatever crude road it is, up onto his property, and it doesn't even go back all the way to where uh the other dwellings that he had on the property were to begin with.

Uh, but there's been a tremendous amount of mud that has washed out into the street and into our drive.

And like I said, we had to redo our culvert pipe because he did not maintain uh the crude roadway that he has on his property.

Okay, thank you.

Anybody else?

Thank you for being here.

Somebody else, please.

Name and address to start, please.

My name is John Surratt.

I live at 3101 East Baseline, and my son, daughter, and granddaughter live at 3610, which is uh adjacent to the access area there, their parcel.

Well, there's the one right there between the green lines.

It's the old Boston house right next to the Christmas tree farm.

Is the cursor on it now?

Yes, that's correct.

Okay, that's where it is.

Um I've spoken or had texts with the applicant.

I understand what he would like to do out there, but I think that time has passed him by already.

This is becoming a residential neighborhood.

It's not in the wilderness.

Um I think that what he's doing is something that I would do further out where there was no one around, where it is in the wilderness where he can go hunt, you can hunt on his neighbor's property, do everything he wants without disturbing the uses and quiet enjoyment of all the other people.

I think that that's a great idea what he's doing.

I just don't think that's the right place for it.

And the hunting issue, any kind of hunting, bow hunting, whatever.

There are a lot of kids there, and they run around all over the place.

Um, I don't know where he would be hunting, but like he says, whether it's in a hundred feet of a house.

I wouldn't, I wouldn't rely on any of those representations unless you check it out.

Because this is a pretty serious matter.

Uh, if someone is hurt or killed out there, it won't matter whether he was allowed to do it by you guys or not, but I think it would be a terrible tragedy.

It's just not wilderness anymore.

Now I mean he could go a few more miles out and he'd have the same problem.

There's houses all out in there and they're nice houses.

They're very nice people.

Uh we really don't want to see a recreational use out there because I don't think it's uh appropriate for the area.

And there have been other problems.

I now I don't know this for a fact, but I understand there's an issue on the grading permit for the road and a lot of other things, which a guy can do out in the sticks.

This isn't the sticks anymore.

And I know there's a number of neighbors that I don't know them all, but I've got two properties out there.

I know the neighbors are opposed, and this is gonna be a nasty situation if he's you know allowed to change the use out there.

People have spent a lot of money to build nice homes out there and stuff, and this just it's just not right.

So are there any questions from any questions for Mr.

Serrata?

Just one go ahead.

Are you aware of any children living in that area in homes adjacent?

Oh, yeah.

My granddaughter lives in the house that I pointed out.

There's kids in the house next door.

There's kids if you go that's baseline road there if you go out that way.

There's children that live in this other house right down the lower corner.

There's kids all over the place out there.

I know that Bob uh Murphy, who lives on the other side of that easement road, he's got kids.

And the Crow family lives right on uh on uh Vulkman Road.

They've got kids.

I mean, there's kids all over the place, and kids run around.

It's just it's just freaking dangerous, I think.

And like I say, I I don't have any other objection to it, except for that, and I think that in itself is enough to really consider this carefully and did to deny it.

Yeah, what prompts my question is um I grew up out in the country as well, um surrounded by a lot of woods uh, and those properties were not owned by my parents, but I know the kids will explore through woods, uh, even knowing that the property is not theirs.

And uh so that's why I was kind of curious.

Right.

Yeah, and that's I understand that.

I'm sure your grandkids would not do that, but oh no, not my little granddaughter.

Should be the first one out there, probably.

But it's just you know it's a difficult thing because I'm a I'm a freedom guy.

I'm very conservative, and I believe people should have a lot of rights, but they don't have the right to endanger other people.

That's what it what it amounts to.

There's other issues, there's traffic, there's a grading, there's you know, just all other things, but those to me are not as important as the fact that even if he says, Well, I'll point my gun the other way.

Well, what if his buddy doesn't?

And I think that part of the my understanding from some of the communication I had with the agency was that uh there's a uh implied ability to have guests come in.

I'm just I just don't want to see this get out of control, like you got a bunch of buddies out there hunting, and then pretty soon they're bringing somebody else.

It's not a it's not proper for hunting out there.

It's just not guys.

I'm on 15 acres, it's not big enough to hunt on.

He's on five.

No, no way.

Hey Joel, that parcel, um, they're on the bottom uh underneath the one we're talking about.

Not that far, go back up.

Okay.

Uh two from his granddaughter's house.

There you go.

Is that a swing set and a trampoline?

There you go.

That's what I want to see.

Right along the edge of the petitioner's property.

Yeah.

Okay.

Thank you.

Thank you for being here.

You're welcome.

I think that's it.

Thank you for listening.

Is there another person wanting to speak?

Okay, please.

My name is Joshua Hanniff.

I live at 3610 East Baseline Road.

I'm just I just wanted to say I'm opposed to it.

I have a small daughter, and I know my neighbors.

They have three small kids, and the house you were just talking about.

They have they have small kids also.

And I know that they're, I mean, I don't know about the third house if they're against it, but I know my neighbors they couldn't make it today.

They are totally against it also.

That's all I have to say.

Any questions?

Thank you for being here.

Was there anybody else that wanted to remonstrate today about this?

Okay.

Is Robert there he is?

Okay.

Come back up, please.

Did you want to address the things that they brought up?

Yeah, um, definitely.

So as far as hunting goes, I'm not very concerned with that.

I like I said, I don't plan on hunting out there very often if I do at all.

My biggest thing is I want to have this cabin so that I can bring my family out there and camp and hang out out, not in the city with no electronics, no internet, just out under the stars.

I've already been out there a few times at night, just sat out there in the chair for an hour at sunset.

So my whole point is to just build this small cabin and be able to get some of my tools and stuff inside of it and protect it, keep my lawnmower out there so that I can clean up the area, get rid of the box trailer that I'm currently using to keep my tools in because I don't want all that stuff out there.

I'm not building some giant barn, it's gonna be big enough that I can keep my tools in, be able to clean up the property, and hopefully expand.

Uh I know they talked about me living there.

Initially, I did plan on building a house, but with some changes in finance, we decided that it's just smarter to build a cabin and have a little like weekend retreat for the family, less to worry about stress-wise, and I mean maybe sometime down the line I'll revisit that and maybe we will build.

But right now, I just want to have a place to bring my kids while they're young and enjoy it.

So, okay.

Um, does we had four letters sitting here from a remonstrators?

Um is anybody interested in reading them or were either of these people who showed up?

Two of the people already spoke.

Okay, two of the letters were so just this uh David person is the one who's not here, David, whoever this is, he was not here.

Yeah, his wife is Angela, she spoke.

Oh, okay.

Right, right.

So are there any com any other comments or questions?

Uh how long how long ago did you purchase these the sacreds?

Uh it was about this time last year.

So for a year.

Yeah.

Is why was this the use you intended?

Because I heard you say you initially thought you were going to be able to do that.

Initially, we wanted to build a home in a few years, but just looking at all our finances and everything, it just doesn't make sense.

It's we're rushing things, so we plan on, like I said, just using it for family recreational and trying to enjoy it rather than being stressed out about it.

So, okay, we talked it out.

Are we ready for a motion?

Uh to move it along, I'll make a motion.

So, what I was saying, and I'm sorry to interrupt, but before we get any further.

As I was saying to uh Tom's question, you can move to approve it condition with the condition that it not be used for hunting if that is the concern.

I I have a question before we second this.

What's I mean, is there a minimum square footage requirement that he'll have to observe?

Probably, but we don't know what it is.

That's a DNR question.

It's regulated by DNA.

Are you talking about a minimum square footage for a house?

I mean, oh, he's not putting a house.

I know, that's my point.

He wants he keeps saying cabin, so what are we talking about?

Well, okay.

A cabin is well, let me ask a question.

Are you gonna put a kitchen in the cabin?

No.

Okay.

I don't know.

The dwelling has to uh but the way the plan commission, and it's typical.

If it if it don't have a kitchen, it ain't a dwelling.

Okay, sorry to be crude.

Well, it can have a bathroom, but it can't have a kitchen.

So that means it won't fall under the dwelling.

Right.

So it has to that would be the aggregate, I mean the um recreational use.

Yes.

And are there any other requirements on recreational usage?

No, okay.

So he could put up a lean to, I mean, right?

With bed sheets on it for all we know.

I'm just I'm I'm just trying to satisfy my curiosity about what I'm permitting here.

My final product's gonna be basically a pre-built barn with a nicer finish.

I'm gonna get decent wood plank siding.

So it's gonna look like a traditional cabin.

But we have no guarantee on that.

Just for okay, yeah, just to cover it all.

Basically, if you approve the special use for private recreational, then he can construct whatever it is that he wants to for the recreational use.

But doesn't he have to get an improvement location permit?

He does have to get a permit, but there won't be any limits on that unless it was a condition of the approval.

Doesn't it have to go through the building commission?

Like site review no it doesn't have to be site review.

Building commission does county.

We don't make them do site review for well I mean if that's the concern put a condition on it saying that it needs commercial site review.

Yeah.

It needs to do all this site review.

Yeah.

Needs to be submitted for commercial site review.

That's just the the name of the thing is commercial site review.

Just because it indicates that it's not resident it's not for single family residences.

That would just be a review of whatever they're gonna construct it still wouldn't place any limits on how big it can be or right but the building commissioner would be able to to uh determine you know uh safety issues like electrical you know that sort of thing yeah that would be covered but not in aesthetics no we don't no we could regulate anything about aesthetics.

I think the two issues here for us pretty much was the hunting is an issue and it sounds like you're okay with that conditional approval but then the secondary which is probably the reason why you were cited for violation too was the neighbors complaints about the nature of what the shed looked like and so we would need a little more than just your word for it before we were to say here's an approval because like she said we don't want something that is an eye sore to the community or not safety or meeting cold or site review and all of that good stuff.

So what I had up was just pallets stacked together to protect my lawmord I didn't want it to get snowed on.

Okay.

So it like I said it the snow cleared up it's already taken down and I I don't have any use for it as long as I get approved and can build the building this summer it'll be protected in the winter.

Have you talked to a company a builder yeah who would build it who my brother actually works for a contractor so I plan on having them help.

Um is there a way that they would provide you with plans to bring back I can I guess um I mean they would want to see at least you know front and side elevations and you know the a drawing of what it would look like.

I mean I could pull up a picture it's gonna be pretty much a lofted barn.

Um the round top 16 by 24 wafted barn.

It's just gonna have nicer siding to be to be clear the motion was not conditioned.

But and it wasn't seconded either.

I know but someone said the conditioned motion and I wanted to make sure that we cleared that that is correct my motion if you want to amend it we could amend it amounts it's not conditioned it's straight up or down.

No conditions correct okay well that's what I was suggesting is if it's continued and you come back next month with something that these folks can look at to address the concerns about what you're going to put there that would be one option.

And I think that would help neighbors as well which are gonna put up so you can have that conversation again with them about what you're gonna be putting up.

And also you might be able to address the access to it with the culvert.

That's already addressed I've got a contractor that's gonna fix it this summer they just I don't have it in their plans yet and I've got it permitted out until I think September.

Yeah if you just so Robert would it be a problem for you to go back you know from this meeting and maybe write out more of your plan what you plan to do with that property.

Now that you've heard the concerns from the remonstrators and your neighbors, and more about the discussion on buildings and good getting things approved.

Would you be willing to do that or would you rather us vote today?

I mean, I can show them what I plan to build, but I'm not sure what that's gonna help.

If I mean I as far as the hunting concern, if that's what the biggest concern is, then that's not really an issue for me.

Um, the building itself, like I said, I plan on planting, and you're not gonna be able to see it here in a few years because I'm gonna have trees all over the front of my property.

Right now it's basically a field that I plan on planting as many trees as I can.

So it's not gonna be a curb appeal issue for anybody, so it's 500 feet off the road.

Where are you on on your um desired?

I don't care what it looks like from the road.

Do the camping and hunting, hunting.

He says not hunting's not an issue, he says.

Yeah, camping is definitely I want to be able to take my family out there and camp and enjoy it, but so if it got approved with no hunting, you'd be okay with that theoretically.

I mean, yeah, I guess I I'm not real sure, because like y'all said with the DNR, like right now, it's recreational, right?

No, no, what is it zoned as then?

Agriculture, agriculture.

You can do two things.

You can use it for agriculture, or you can use it for single-family dwelling.

That's okay.

That's weird.

Whenever I purchase it, it wasn't supposed to be zoned that way.

But no, it's always it's that's why I asked you how long ago you bought it, but those are the two things you can do with those four acres that you bought a year ago.

And that's why it's an issue with the RV and the the other temporary structure.

That's why it popped up.

So the only other option we could uh we have to go through with the motion on the floor.

If that doesn't pass, we can make another motion with conditions of no hunting, and that he at least go through commercial site review.

Which if someone intends to make a motion with conditions, it would be easier procedurally if that those went first.

So if Mike, if you would be okay withdrawing your motion until somebody has a chance to do one with conditions, because once you once you deny it, it's kind of denied, so let's talk about the conditions first.

Your motion has died due to lack of a second.

Sorry, Mike, but you're getting good at that.

No, no, it has not died yet after I made the motion there was discussion, so right.

As far as I'm concerned, the motion's still out there.

Okay, but but Bill's the chair, they'll have to call for a second.

We I mean you can remake the motion, I suppose, if that's what the I'm respecting the motion that Mike has put on the floor.

If I were going to make it if we were gonna redo it, I would put it with two conditions, would Mike.

Are you opposed to conditions being added?

Well, not in my motion.

You know what I'm saying?

I'm saying vote on it straight up or down, okay.

And then if somebody else wants to do something else beyond that for condition, okay.

I I don't think this is well, does anyone want to second the motion as Mike has made it?

No, I've not heard it from anybody.

Now, Bill, what do you have to say about that?

Then I would say that it dies for lack of a second.

Right, officially, okay.

So I'm gonna make a motion to approve special use two oh two six oh oh four with these two conditions that there'll be no hunting, and that you submit your building plans to commercial site review, good second.

That's conditioned.

So we have a motion with two conditions.

Is there any discussion comments or questions about that?

Hearing none, please call the roll.

Ms.

Kasha, no.

Ms.

Payne, yes, Mr.

Rudolph, no, Mr.

Shatler, yes.

Ms.

Miss Cappel, yes, Mr.

Petke.

Um I'm voting.

I vote no.

And I show it as three yes and three no's, and so it automatically is continued to next month's meeting.

Just as a suggestion, so that this doesn't happen at the next meeting.

You might want to bring more information, like pictures or something about what you're wanting to build.

All right.

Hey Dirk, you might want to think about doing some conditions.

Maybe only one building, maybe a limit on the size of the building, a minimum maximum, more conditions.

Because if you would approve that, he could have done 10 buildings, 10 sheds if you wanted to.

They're all accessories.

And also a time limit.

But what I'm saying though is if he brings back information about it, they can say you can build one building and this is it.

I agree.

Tommy, I didn't hear what you said.

I'm sorry.

I would also be okay with the time conditioning of it.

Oh, gotcha.

Right.

I think it conditioned.

Like for two years or something like that.

Because the intention is for as you say that his intention is to build a house on it eventually, so I wouldn't want it to be an ongoing thing, and then there's a dilapidated cabin out in the middle of the field.

It's a really good point.

Build up broken dreams.

Okay, so it's continued to next month's meeting to give you a chance to come back.

Okay.

Um as far as the time thing goes, the two years like we plan on camping out there for quite a while.

I don't plan on building for a long time.

Oh no, they'll address the 10 years.

I'm like 24 years from retirement, so I've got a while.

So you can work with staff and and before I have some ideas.

You would be able to come back in the meantime and be like, hey, not ready yet, but property's still looking good.

Everything's still looking good.

Can I get another 10 years or 15 years, whatever it would be?

And we would just see you in 10 or 15 years.

Okay.

Thank you.

Next item.

Next we have document number SPU-2026-005 at 1000 North Park Drive.

Petitioner is Global Visionary Ministries.

Applicant request a special use number two to allow a church and an existing shopping center.

Alright, well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

Do you swear or affirm the testimony you will give is true and accurate?

So I'll be good.

Amen.

Thank you.

Name and address, please.

All right.

I'm Pastor Steve Airy.

I am at 2318 Colverson Avenue.

And uh I promise not to hunt on this land, but I will be fishing for men.

What was the other thing a couple months ago?

I don't want to do it.

Okay.

Um any comments or questions from board members on this one?

I think he qualifies for a poster child for Z Z Tops Sharp Dress Man.

So I appreciate that you dressed up.

Thank you.

All right, Mike.

Yeah, it's uh yeah, I had trouble locating this.

Um is it the existing theater that's actually open?

Uh it's the existing theater that was probably closed, my best guess is about 15 years ago.

Okay, and then is that now a Mexican restaurant?

No, no, it is uh it's been abandoned.

Um for like I said, my best guess is 15 years.

It is the old cinema, it's got the the cinema signage out front uh that's just been blank for that long.

Uh it's where Showplace used to be before they got the the uh news center across the way.

Mike it was it was a nightclub for a while, both adult and teenage nightclub off and oxygen nightclub.

Wasn't there a post office in there at one time?

Uh yes, that's not directly connected to the the structure that I'm in.

That was like twenty, twenty five years ago.

Yeah, that's more arcade, all that kinds of stuff.

If you go behind the CDS, yeah, it's in that connected building.

There's like the flower shop in this particular so I I'm excited to see something in there, in particular, yes, the church.

Um but I visited the nightclub too.

Uh yeah, I I'm I'm I'm ashamed to say that I was there.

Okay.

Um are there any remonstrators about this?

I see none.

Please call the roll.

Oh, I'm sorry.

Trying to go faster.

Is there a motion?

Approval, yeah.

We have a motion to approve and a second.

Second, please call a roll.

Okay, Miss Payne.

Yes.

Mr.

Rudolph?

Yes.

Mr.

Shetler?

Yes.

Miss Cabill?

Yes.

Ms.

Kasha?

Yes.

Mr.

Petke.

I vote yes and show it is approved with six yes, zero no's.

Okay.

Good luck.

Thank you.

Next item.

All right, on to variances.

Next we have docket number VAR-2026-010 at 7805 Chapel Hill Drive.

Petitioner is Mark Risley.

Applicant requests relaxation of the zoning code to allow an accessory structure to be taller than the principal structure, the residence.

And relaxation of the minimum required front yard setback of an accessory structure located in front of the principal residential structure.

Excuse me.

Is somebody here for this one?

Oh, come on up.

From 200 foot to 55 foot for construction of a new 1200 square foot, 20 foot tall pole barn located closer to Shapel Hill Drive than the existing residence.

The new accessory structure will exceed the size of the residence by about three foot in height.

Okay.

Well, everyone who's here to speak on this petition for or against, please raise your right hand.

Do you swear or affirm the testimony you will give is true and accurate to help you God?

Yes.

Thank you.

Please start with your name and your address.

Mark Risley and that's 7805 Chapel Hill Drive.

Good to see you, Mark.

Thank you.

An accessory building that's off to the side of your home.

Is that yes?

Right.

Okay.

Um have you talked to your neighbors?

Yeah.

Sent the letters out.

They're all good.

Any problems.

Half the people in there have pole barns and so it's common.

Okay.

And this is for just personal use.

Yeah.

Okay.

Comments or questions from board members?

I see none.

Are there any remonstrators on this?

I see none.

Is there a motion to approve?

So move.

Second.

Please call the roll.

Mr.

Rudolph?

Yes.

Mr.

Shetler?

Yes.

Ms.

Cavill?

Yes.

Ms.

Kasha?

Yes.

Miss Payne?

Yes.

Mr.

Petke.

I vote yes and show it is approved with six yes, zero no's.

Goodbye.

Thank you.

All right.

Next we have jacket number VAR dash 2026-013 at 711 713-715 North Fulton Avenue and 1128 West Columbia Street.

Petitioner is Evansville Historic Homes LLC, represented by Lucas Newfer.

Applicant requests relaxation of the zoning code to allow gravel parking in lieu of paved parking to legally establish two existing off-site parking areas originally installed without permits.

This is the eighth variance requested for the site following seven previous approvals with time limits to pave and a permitted site plan showing paved parking would be installed.

The applicant notes on their petition that they are now requesting this variance indefinitely.

All right.

Well everyone who's here to speak on this petition for or against, please raise your right hand.

You swear or affirm the testimony you will give is true and accurate, so if you God.

I do.

Okay.

Please tell us your name and the and your address.

And you're back again.

I'm back again.

You know, if I were go to the theater, I'm glad to have a park spot.

I'm not so sure I care.

It's gravel.

So as you all saw in this application, I purchased the theater at the end of 2024.

I have a severely vested interest in Fulton Avenue.

In fact, I think I own about 12 parcels at this point, including the adjacent Rodwoods Auto.

Um the theater had closed, as you all know.

I purchased the building, because I can actually see the theater out of my staircase window.

So I live in the Henry Cook house.

Some of you may know what that is.

It's the adjacent Victorian house, which is in the 600 block.

There was rumors that the theater potentially could be demolished.

So I purchased it to preserve parts of the neighborhood.

As many of you know, probably driving down Fulton Avenue.

You can see many of the houses and structures are now demolished.

It's a very commercial corridor.

Um, this gravel parking lot I believe is crucial to the theater.

Um I have got some estimates for paving.

Um, those are extremely expensive estimates.

Um the Germania Manicor, which is our neighbor up to the north, they actually have gravel parking on part of their parking lot as well.

Not sure if they've had a variance or not, but they do have gravel in their lot, so this kind of aligns with the neighborhood.

Um I don't believe this would be in any harm to the neighborhood.

In fact, I actually own the house behind the parking lot and I own Rodwoods.

So the most the person that's bothered the most would be me.

And so I don't think that's an issue there.

And the theater, this theater building was originally built in the early 1900s, converted to the appearance that you see today in 1939.

It was built as a community theater, basically meaning when it was built, you didn't have cars to go to this theater.

You actually walked to it.

The lots in question here were actually single-family homes at one time.

There was a house that almost sat on top of the theater, which is now 715 Folden Avenue.

Um so the theater was never really built to have a parking lot.

Luckily, today we are lucky to have a parking lot, even though it is gravel next to the theater where people can't attend the theater and park there.

My business, I remodel historic houses.

So we would maintain the lot as it as it is gravel.

We'd put new gravel, of course.

We've already repainted the parking bumpers.

If you've been to the theater, you've probably seen that.

And we've painted the theater, so in general, um we've had a visual improvement to the neighborhood in the theater.

So we're asking rather than spend $78,000 on a parking lot, I would actually rather put that into the theater building itself, which does can still and will continue to need constant repair since it was built in 1909.

So that's pretty much what I got.

Comments or questions from board members?

Mike?

Uh and I'm sorry for this question, but is the uh theater in actual use?

So it is back in use.

Um, after I purchased it, I got it into the condition to where the theater could re-lease it essentially, so now they are the tenant and they do put shows on there.

Um actually, it is a hundred season this year.

Okay.

Um you're asked, am I correct?

You're asking to keep the gravel on an indefinite.

That's correct.

And I understand you might be getting a little tired of coming back here.

This is my first time here for this particular matter.

He just bought it.

Yeah, I just purchased the building.

Um, but but indefinite is an awful long time.

Um I wonder if we could ease your burden a little bit so you don't have to come back all the time by maybe extending it longer, or if the property changes hands or use.

That would be yeah, that would be okay with me.

I mean, I don't have plans to sell, but I guess for a couple million dollars, I might sell.

Yeah, but you know, if if we stamp an indefinite approval and then uh you open up a restaurant, just thinking uh then we're stuck, you know.

Uh so is it the same property?

No, changed use, okay.

It's a theater, yeah.

So you tell this to you.

If it's like a I'm just trying to see if we can uh ease your burden about coming back here all the time for sure, but uh not make it for in perpetuity if that's the word.

And Mike, I would support that because if he did sell this building and it became a high traffic area, the dust from just the dust from those two parking lots, if they're used every day, all day, would not be a plus for that neighborhood.

Yeah.

So I'm I'm okay with the gravel if you want to put a term uh, you know, five years, seven years, something on it.

Just so it's not.

Can we do it for as long as they own it?

No, we don't have track.

We have yeah, okay.

We have to state it to uh uh number.

Are you having to pay every time you come back here?

Yes, I am.

He just bought it.

This is his first time.

Oh, okay.

Okay.

I'm good with 10 years.

Yeah, sounds good.

I would do 10 years.

You're good.

Yeah, good, good, good.

Mike, you want to make a motion?

Uh we have a after we hear remonstrators.

Kathy, you're supposed to kick me.

I can't remember.

Alright.

Were there any remonstrators about this?

I thought I thought I saw hands up.

You want to have a seat and here for them?

You have to tell us your name and your address, too.

Hello, I'm Danielle Scott.

I am in 209 West Walnut Street in Fort Branch, Indiana.

All right, hi everyone.

Um I'm Danny Scott.

I'm the artistic and educational director.

If I'm loud, it's because I project, I teach that.

Um, I am the educational director at the Evansville Civic Theater as along with the artistic director.

We are here today to discuss a gravel parking lot at our property located on 717 North Fulton Avenue, along with having a new board.

I have only been here for two years, and we seem to have inherited a dilemma today.

And my goal today is to find a solution that works for all parties, but most importantly, a solution that allows us to keep our parking lot as gravel.

I'm not sure if you've been to the Civic yet.

I invite you to see our production this weekend of People, Places, Things by Duncan McMillan.

Opening nice tonight.

So if I look tired, it is because I am.

But this production discusses drug abuse rehab and truly shares a story that affects everyone.

We have invited members of our community to discuss with us their own stories of addiction and recovery.

We connect with our community, and that's who we are.

That is who Evansville Civic Theater is.

This is our 100th anniversary.

We have been a staple in Fulton for more than 50 years, and we want to keep serving our community.

This is why I'm here today to talk about our parking, our community, and the focus on creating a sustainable and eco-friendly parking lot and be part of revitalizing this neighborhood.

If you have been to Fulton Avenue, you know there is an accessible public parking like downtown.

This area of Evansville is more industrial, but that is changing.

I am noticing the community having cleanup days on the streets, block-by-block programming created in 2024, more people venturing towards civic theater, and more families laying down roots near our building.

I see the work the city has been doing.

It does not go unnoticed or unappreciated.

You are striving to create a city where families feel safe, blight is being removed, and turning the city into not just a place to call home, but a place where people can come together from all walks of life and find community and connection.

With revitalizing the varying neighborhoods in Evansville, the major issue is parking.

Without our parking lot in Fulton in Columbia, our patrons would have to navigate street parking at night, which is not always safe in that particular community.

Although crime is down, there are still issues that do arise.

Our parking lot is a safer, more efficient way to ensure our community can travel, knowing they have a place to park, whether to volunteer or to watch a production at Civic.

Losing our parking lot would be detrimental to our organization, and patrons would turn away knowing the difficulty of parking and safety concerns for street parking in the neighborhood.

I know that we do not own the building, but we are the tenants of the building, and the decisions made on the parking lot will have a lasting impact on our nonprofit organization.

This could be what folds the theater, and I know we can all work on a solution that keeps us going for another 100 years.

The process of paving this parking lot, as you know, um, we have multiple lots on this particular parking lot, and that means we would have to get a permit and zoning for each lot that we have.

The cost of getting rid of the gravel parking lot has been an ongoing struggle for our nonprofit theater and would surely wipe us out fiscally.

We want to keep telling stories and keep being a source of art for the community.

Not being able to use our parking lot would change the trajectory of our business and outreach.

The cost.

A gravel parking lot costs roughly around $1.25 to $1.80 per square foot, making it about 60% cheaper up front than paving.

Paved flops typically cost around $2.50 to $7 per square foot for full installation.

I also want to talk about the structural integrity of the building and foundation.

Evansville Civic Theater was first started in 1925, and we moved into the building on Fulton in 1974.

The building itself was built in the late 1880s, 1900s, and then sometime in the early 2000s, we purchased a lot surrounding the Civic Theater.

This area has already had some flash flooding issues on Fulton and Columbia, and the gravel we have in the lot is what has been saving us from water erosion, foundation rot, soil compaction and frost heave, poor drainage and grading, surface water runoff.

Adding pavement could also cause irrevocable damage and could cause the issues I have just listed prior.

Construction vibration is another major concern for the integrity of our building.

And it is an old building.

Any type of heavy machinery and rapid change can easily crack our foundation, along with the integrity of the brick and mortar and old materials used to create this building.

So this is a solution that is possible, and it's about gravel.

High durability for heavy traffic.

This is a pro.

This is what gravel gravel can do.

And it's especially since the street is pretty pretty heavy.

It's used a lot for center point trucks, trash pickup, and day-to-day use.

So I got this from an article, commercial gravel for parking lots, complete benefits and selection guide.

This was published March 5th, 2026.

Commercial gravel delivers significant cost savings compared to alternative materials like concrete or asphalt.

Understanding the cost per ton of gravel helps you budget effectively with initial costs running approximately 60 to 70% less than poured concrete.

And that's something that we're always looking towards is something that is cost effective.

Also, gravel is versatile and it has quick installation, it handles freeze and thaw cycles well.

It is also porous and requires minimal maintenance, which means rainwater won't pool or overload storm drains.

Gravel is also quick to install, and we can add grids down to keep the rocks in place.

There is also a type of gravel, it's it's like a line grid for parking lots that you can create the parking lines for gravel when you put it in place, just like you would with the other grids to keep the rocks intact.

Something else I have, and it was published, I think earlier this year.

It's about the sustainability of landscape design.

Um parking lots often go unnoticed in urban landscapes, yet they quietly contribute to urban flooding, water pollution, and heated islands.

If we keep our gravel parking lot, we can still ensure that we are being eco-friendly and sustainable for the community around us.

Another thing I want to broach is is it ADA friendly?

Yes, it can be.

Gravel parking can be ADA friendly.

Uh, there is accessible gravel options for wheelchair mobility, and this was also published in March 23rd, 2026 by Chance uh Cattrell, and it's is gravel ADA friendly.

Uh there are types of gravel you can get, which is crusher finds, it's about a corner inch minus crushed stone.

Um, it helps with any type of wheelchair or wheels or movement, it compacts very well.

There's also another type of gravel that could be used, stabilized decomposed granite is another option.

And there's also uh temporary access mats that we could get for wheelchairs or accessibility.

So there are ways for us to make gravel more accessible, we can better maintain it, and it will be very cost-effective for us.

So that's why I'm here today to talk about that so we can come together on a solution.

Thank you.

Oh, we have a question.

Yes.

Yes, by suggesting these other types of gravel.

Are you are you saying that um it would be acceptable to place a condition if if we if they were to extend the special use permission?

Uh to condition it on using, let's say, the decomposed granite or something like that.

I think there are options where we can use different types of granite throughout, but for where we would need um handy capable spots, looking towards either having those temporary access mats available or even that type of gravel.

There's a lot of different options for um commercial used gravel for parking lots.

So I think that's something also the owner Lucas can look into as well.

I've just brought up some options.

So the the um, and I guess that's a question more for Lucas.

I mean, if he would be the one paying for it.

Well, have you done a cost analysis between uh the broken down?

I have not versus just leave it as it is.

I have not.

That is a very good question.

I'm just coming up with some solutions.

I've not looked at the cost effect because, as you know, it is opening night, so I was quickly, you know, trying to figure out solutions that might be a possibility for this variance.

I mean, this the board and the staff don't have the technical expertise to really judge whether something is ADA compliant or not or accessible to any great degree.

But that's why I think the concern here is probably more about the dust than the so there's a way to manage the dust as well, and that's with the gridding.

So when you put grids down, it keeps the rocks all in one spot.

I mean, some of the street parking like part like streets back there, the city ones, um, they've been so good at filling them in and taking care of them recently and really um working on maintaining that.

So I think there are options out there.

There's there's ways to keep the dust down.

There are ways to do that.

Um I might not have written them here, but there are resources out there online and through um, you know, commercial gravel companies that can talk you through how to handle certain dust because it does happen.

I mean it is a gravel parking lot.

So if we can work on maintaining that or ensuring that we're not causing any of the rock to go into the street, I mean I it's it's doable.

Can I chime in?

Jerome Peril.

I I would say I in my past life I knew a little bit about aggregate, and I would suggest that if you need to uh you know fill in some holes or something, you contact Moser and use a number 11 limestone.

Uh, it's within uh a quarter of an inch in size, it fills in the voids.

Uh, be easier to drive over with uh with a wheelchair.

Uh I don't know if it's necessary to get granted or anything, you know, real expensive.

But that's what I would keep costs down.

So thank you.

I wrote it down.

I'm kind of fine.

The way with it, the way it is, but I think that's what we're talking about.

If if you added stone, I'd go with the number 11.

Yeah, okay.

Well, I had one quick question.

Go ahead, Becky.

How often is the parking lot used?

All the time.

Okay, we have volunteers in all the time, uh, even students for next wave educational programming.

They're uh grown-ups drop them off.

I use all the I'm I will always be there at the theater, either painting or working on the set, and it's just been so helpful, especially because I am the sole employee and I work by myself.

So if I have to walk at nine in street parking, it's not fun.

I mean it's doable, but it's having that there and knowing that our patrons know that they have parking, it creates this comfort and stability.

Whereas when we don't have that, it will turn people away.

Okay, thank you for being here.

Thank you.

I think we actually used our time up for remonstrators.

Does anybody have anything?

Hasn't been said, thank you for that.

Yeah.

Um, Lucas, would you please come back?

And uh I do have one last thing to add.

Uh I'm a runner, so I run across Fulton Avenue all the time.

I don't know if any of you have ever went across Fulton Avenue on foot, but it is very dangerous.

So I wanted to add to this that if people had to curve across the street, either on Columbia or Fulton.

Um, some of the people that attend the theater building are not young and runners like myself.

So I would say that it would be very dangerous for them to run across Fulton Avenue, which is four lanes, I believe.

Okay.

We uh ready for a motion to approve.

I'd make a motion to approve it with a stipulation that um see if I can say this correctly that it's 10 years instead of indefinite.

Thank you.

Second, we have a second to that.

Any questions?

Please call the roll, Mr.

Shetler.

Just because I do not take the arts for granted, I'm voting yes.

Uh Miss Cavill?

Yes.

Miss Kashak?

Yes.

Ms.

Payne?

Yes.

Mr.

Rudolph?

Yes.

And Mr.

Petke.

I vote yes and show it.

It is approved with six yes and zero no's.

Thank you.

Alright, next up we have docket number VAR-2026-018 at 8900 Baumgart Road.

Petitioner is Mount Pleasant Church of God represented by Husk signs.

Applicant request relaxation of the maximum allowed number of on-premises signs from one to two.

Relaxation of the maximum allowed height of an on-premises monument sign from six foot to ten foot, and relaxation of the zoning code requiring an on-premises electronic message sign be located at least 200 foot from any dwelling to replace an existing monument with a larger sign and new electronic unit.

The nearest residence is located approximately 120 foot east of the sign location across Bongart Road.

Okay, well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

You swear or affirm the testimony you will give is true and accurate.

So if you got I do.

Thank you.

A few things.

And it already has two signs in place.

One represented uh out front on the street, and another one as a directional sign as you pull into the parking lot because it has a parking lot that you can either move left or right in.

Uh it needs that directional there.

So we are improving the uh the one sign that you see that is leaning.

Uh we are taking that sign down and replacing it with a uh a new sign for the directional, and we are using the existing structure of the uh the street sign, and we're uh replacing the old yellow copy board with the digital sign.

And the only thing that we're doing to add square feet to this is we're adding a logo to the top of it, which is their current logo.

So uh when you look at the design, the design is actually using the existing cabinet.

We're putting a new face in that cabinet uh and adding the logo on top of it to give it a little bit more character and to modernize the sign.

Uh the church had uh as a good member of the community has asked to uh has asked the neighbors uh each if they would have any issues.

They've had all positive response to it, and uh I'd like to put it before the board for approval.

So Kip, the part of the sign I'm looking at now it says Mount Pleasant Church of God.

That's part of the status, it's just part of the sign.

It's the existing part of the sign.

Existing, and then the part can you go back to that?

I'm sorry, Joel.

Yeah, the part that's got the red church and the path to paths to quality.

That's gonna be the part that's the digital.

That's a replacing the existing yellow copy board, the old copy board.

Okay, makes sense.

Anybody else have comments or questions?

Well, just on that digital, is that gonna be a changing message board?

It is, and it's also controlled, and uh we've already talked to the neighbors about dimming it at night and turning it off after a certain period of time to make sure that there's no interruption.

There's four homes directly across the street.

And they've talked to each one of them, yeah.

Okay, anybody else?

They want to be good neighbors and remain good neighbors, yeah.

Yeah, okay.

I'm sorry.

Is there anybody else?

And if there's a stipulation to turn it off at any specific time, then we'll be happy to abide by that as well.

All right, I saw some hands for remonstrators.

Maybe are there any?

You want to speak to this?

Kip why don't you have a seat?

Please come forward.

To the podium, tell us your name and address, please, for the record.

My name is Linda Allgood, and I live at 8925 Baumgart Road, which is directly across from the soccer fields that the church has.

Um I'm opposed to this type of sign in a residential uh area.

Um, we're kind of kind of rural, and um they're too bright.

Uh just it's gonna light up the night just completely, and I'm I'm opposed to it.

And uh the man who was just up here said that he talked to the neighbors or people have talked to the neighbors.

No one talked to me, and they never they didn't ask me about my opinion, but I did get a registered letter, and that's why I'm here today.

Okay.

Um, I think that those type of signs are way too bright for this residential area, and um, just a monstrosity.

The sign that they have right now is perfectly fine.

Okay.

Are there any questions for Ms.

Algod?

Yeah, ma'am.

Would you um agree or disagree that the illumination of the sign during the day uh is is not disturbing.

No, it would not be disturbing to me.

Okay.

It's just at night.

Okay.

Would you agree that if um it's significantly dimmed at night?

Um, like shut off, that would be great at night.

Well, I'm sure they want to I'm sure the church wants to make sure that even during night hours that it's visible, but if it's significantly reduced, uh I don't know what significantly reduced would mean.

Well, that can maybe that can be explained to us when uh just I just know that those LED signs are so extremely bright.

There's one on Green River Road and um and uh Morgan that is so bright at night.

I see stars in front of my eyes when I drive past it.

It is so bright, but and nighttime seems to enhance that, and I don't want that in my neighborhood.

I like where I live, I like the quietness, I like the dark when it's night and the quiet, and I don't want that sign there.

Well, it wouldn't the the quiet wouldn't be uh a factor.

No, I don't think it would be a noisy sign.

So that there's not back and forth with Kip getting up and explaining the percentages and then her coming back and saying yes, that's okay.

Can we just go ahead and explain what the percentages?

I mean, I think we usually say dust to dawn down to what five percent.

I'm looking at Kip.

Well, I don't know what that would look like, but I'm not gonna agree to something that I don't know what it's gonna look like because the the gist of what I'm complaining about is the fact that it's too bright, right?

And the the way these signs work is that they're controllable based on timers or based on um th th they they know how bright it is outside, so ambient light there, thank you.

So they want they they can automatically dim down to only what we're saying percentages, is seven percent of its capacity.

So if you have a dial that goes to ten, it would only go like to less than one.

Say that again that would go to the 7% of its brightness.

And if 10 is bright is the brightness, 10 is as bright as it can get.

7% of that would be not even turning it up to one yet.

Okay.

Now I understand.

No, that probably wouldn't be too bad.

Um but I don't know if they would do that.

Yeah, they would be able to do that.

That's been the issue.

Well, um are you familiar with uh CFC church there on Millersburg?

What about the church?

Are you familiar with that church?

They just had a sign put out probably a month ago.

I'm not no, I'm not familiar with that.

Okay, it's just if the per reference point I know it's close by, because I think that one's also dimmed at night, and it's it's it's it's pretty pleasant.

I know some of those signs they can be but the newer ones.

And that's what I'm afraid of.

I know I got I got all the the little diagrams in here in in the letter, and it's like, oh my gosh, I just don't want that in my neighborhood.

I don't want to uh go out my front door at night and see this thing just illuminating the night.

That's not what I want.

And like I said before, they didn't come around and ask me as as a petition or anything.

So they didn't get all the neighbors.

Gotcha because I'm sure we're all going to be able to see it.

Okay.

Anything else?

No, I don't think so.

Thank you for being here.

Somebody else had their hand raised.

You would you like to speak?

So is that a no?

Okay.

So I last call for a remonstrators.

I see none.

Kip, would you come back to the podium, please?

Thank you.

Kev, you are busted.

As far as I can tell.

So there's all good.

There are two of the board members that are here to to basically speak if there was any any other uh questions, conditions, or problems or things like that.

Okay.

Uh I I would like to assure the uh the the woman who was up here earlier that this will be dimmed down to that seven percent level at night, and uh we'd be happy to work with her on that level and the time in which it can actually shut off.

It they can actually be programmed to shut down to zero so they can be shut off at any given time, and we also have the ability to remote access any of these signs and be able to shut them off or turn them down or whatever the case.

So there's the ability to be able to do that as well.

Um, an arrangement for when it would shut off.

Is that on a regular basis?

Is that what you're saying?

So we would be agreement to whatever time that any of the neighbors would want it shut off at night, and that way it's just marketing during the daytime and early evening hours before it would uh get to dark.

So uh and honestly, if if it's necessary, um if we need to continue to talk to her, I I was under the impression that everybody in the neighborhood had been have been uh talked to by uh the people that were in there.

Uh Mr.

Kim Stevens is here.

I'm gonna ask that he not come up here because he was in a motorcycle accident uh earlier.

And um if he if you have any comments of him uh or of uh uh Mark Hines, okay, be happy to come up here and talk directly to them.

They want to be good neighbors.

It sounds like turning off at some time is is probably an important part.

Yeah, yeah, I would agree with that.

So inter and all, does that mean it goes completely?

Black.

Yes.

Yes, ma'am.

So even followed with a logo with moving black.

So it doesn't currently, but you're talking about the electronic part.

Yeah, the electronic portion of it, just the electronic.

I don't think the current sign goes black at night, uh, it's a dust to dawn.

Uh, that is gonna remain the same.

Uh the only thing that we're really changing is the bottom sign, the digital sign, and that can be made black instead of continuing to be white at night.

It's that it will actually be dimmer with the new sign in place than it will be currently with the the white copy board lit at night anyway, and we can assure that.

Um, I can tell you we're in the same neighborhood.

So if there's any issues with it, you can come down to Husk signs and we can literally fix any issues that there would be uh or a phone call uh to ask.

Can we can actually remote into the sign to actually turn it off if it's ever necessary?

So the church wants to be good neighbors.

Uh I think I've got a couple of the board members here.

Um and if you wouldn't want them to come up and speak on behalf of that, I'd be happy to have them come up.

I don't think so, but I smell a condition coming.

So if there's any other concerns, we can continue it and we can talk with her.

Any other comments or questions from board members?

Are we ready for a motion?

Motion to approve.

Dimming and shutoff.

Or just approved.

Oh, do I need to condition it?

Joel, can you help us with what's typical that we do?

What time do you want to do that?

In the typical and then shut off usually.

Eight o'clock is eight o'clock is her preference as far as time for it to be black.

Motion to approve that this electronic sign be turned off each evening at eight o'clock.

8 p.m.

But you want it to dim at dusk for dust to dawn.

Dimming dust with dawn always.

Yes.

Yeah.

So the motion is to approve with the condition that it will dim dust to dawn and turn off at 8 p.m.

Correct.

Thank you.

How second?

Is there a second to that?

Thank you for that.

Are there any comments or questions more?

I hear none.

Please call the roll.

Miss Cavill?

Yes.

Ms.

Kasha?

No.

I I am just not in favor of having these kinds of signs in residential areas.

Ms.

Payne.

Same as Ms.

Kasha, no.

Mr.

Rudolph?

Yes.

Mr.

Shetler?

Yes.

Mr.

Petke.

I like the conditions.

I vote yes and show that it is approved with those conditions with four yes and two no's.

Thank you.

All right, next up we have docket number VAR-26-019 at 1241 Shank Road and adjacent.

Petitioner is Lawrence Minar, represented by DC Metal.

Applicant request relaxation of the zoning code to allow accessory structures to be taller and larger in square footage than the main structure, the residents for construction of a new 2600 square foot, 25.5 foot tall pole barn on an adjacent lot.

Total accessory structures will exceed the size of the residence by 1,104 square foot and eight and a half foot in height.

Alright, well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

You swear to affirm the testimony you will give is true and accurate, so hope you got it.

I do.

Thank you.

Uh Kenneth Schwartz and Truber.

Davis County Medals 9929 East U.S.

Highway 50, Calumberg, Indiana, 47518.

Thank you for being here.

Anything to add?

No.

Um they talked to their neighbors.

Uh, talked to the owner tonight.

So he did speak with one neighbor, they had no problem with it.

He hasn't heard anything from anybody else.

Um, he's got there's a greenhouse there now that we're gonna build building on top.

He's got it about 90 percent down.

Okay, so it's gonna be sitting based on top of that where that was it.

Okay, comments or questions from board members?

I hear none.

Are there any remonstrators?

I see none.

Is there a motion?

So move.

Is there a second?

Is there a second to approve?

Yes, please, thank you.

Please call the roll.

Miss Kasha.

I think eight and a half feet's too much, so I'm gonna vote no.

Ms.

Payne.

Yes, Mr.

Rudolph?

Yes, Mr.

Shetler?

Yes, Ms.

Cabill, yes, Mr.

Petke.

I vote yes and show is approved with five yes and one no.

Thank you.

It's pretty big.

All right, next we have socket number VAR-2026-020 at 101 North Cross Point Boulevard.

Petitioner is Kenjo Outdoor Advertising, represented by Krista Lock here.

Applicant request relaxation of the maximum allowed size of an ownership tag on the apron of an off-premises sign from five square foot to 14 square foot to allow a larger nameplate to be added to an existing billboard.

All right.

Well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

You swear or affirm the testimony you will give is true and accurate.

So if you got I do.

Thank you.

Members of Commission, Chris Delock here, uh 207 Main Street, Evansville, Indiana, 47708.

Um, thank you for having us here.

I am representing Kenjo Outdoor Advertising, um, and I want to give you a little bit of history about this request.

Um, read the staff field report, and after reading the staff report, we are going to reduce our request.

Um, it's from five currently as written from five to fourteen square feet.

Um, I talked to my client uh, and they do have another um ownership sign that they use in other municipalities for their smaller signs.

It's eight and a half square feet.

So I'd like to modify my request to the board from variance from five to fourteen to five from five to eight and a half square feet.

Got it.

Is everybody catch that?

Thank you.

So from five and a half fourteen to five and a half, eight to eight and a half, eight and a half.

Yeah.

Or from five to a half.

Um, so a little bit of history uh in my client Kenjo, they're kind of new to the community.

Um they did come in with a sign application.

Oh, staff knows exactly when, but it's before this new ordinance was created, and um, they were told that hey, you know, you put your ownership name or tag on that um apron below the sign.

That's a violation because it's gonna be it's gonna exceed the sign limit.

Um so they went back to the drawing board, they called me and they said, Hey, we need to file for a variance for the overall signage.

Again, this is before you have the name plate ordinance in place.

We need to file a variance for the overall signage so we can get our name plate on there, but we're gonna go ahead and put our sign up without the name plate because we want to do it according to law, and so they have done that and they've got their signs up with no no ownership nameplate on there.

In the meantime, um the staff um went and realized that all the signages in town, well, not all.

Most of them have an ownership nameplate on there.

So your new ordinance came about.

Um I know that my clients were not, I I think staff said, you know, we talk to the sign companies a lot.

I'm not sure that the sign companies are comfortable with where the ordinance lands, so uh five foot seems to be a little small for some sign companies.

I'm just gonna put that out there.

Um, my client said in all the other communities we're at, again, they are typically at 14 for a sign this size.

Um they have the eight and a half for a smaller sign.

Um that smaller sign is around 325 square feet.

So comparatively speaking, this is a lot bigger, and they're willing to go a lot smaller, but five foot um causes them to go outside of production, create a whole different sign clay, and we're hoping that you know we may get with the sign companies and we may end up going back to the drawing board on this ordinance.

We appreciate the ability to put sign plates on, and I'm sure all the sign companies do because it, you know, it's really a safety um issue.

When my clients, Kinjo, um were told by staff you cannot put it on there, it's advertising.

They said a lot of other communities actually require a nameplate outside of the advertising square footage because if somebody needs to communicate with the sign company, etc.

Obviously, there's safety issues, there's liability issues and stuff.

So that's where we are.

We kind of got caught in the middle.

Apologize for that, but we would appreciate if you would entertain our request for a variance from the standard five foot to eight and a half for these.

Um, I have two identical ones.

I know you have one in front of you right now, and they you might as well just merge them both together and the request is the same.

Comments or questions from board members?

Yeah, I do have this is not um apparent to me.

What is the safety issue with having that on the state?

If somebody is in if somebody's in an accident staring at a sign, they're gonna obviously call the owner, but they need to know the sign company as well.

Or if there's I mean, liability, offensive sign language, anything on there.

I can address that a little bit because we did talk about that in the meetings, and part of it, part of the issue is if it's damaged and it is at risk of falling over on someone, you know, you can contact the sign company, get them out there with their cranes and get them to you know fix it or get it out of there until it can be fixed, that sort of thing.

Anything else?

Yep.

Uh Bill.

Yep.

Um, you know, I was not aware or never paid a whole lot of attention to the little name tags on signs uh until I went around and looked at these two, and I can appreciate the uh safety side of it as well, those slight bit of advertising that may go along with that.

Um, is yours, uh but in look having seen the signs that you all put up, um it looks to me like some of there's a lot of variation in the sizes of these of the existing signs around town.

Is there a standard or are they all the exact same size?

For my client Kinjo advertising particular, is that no in general of just the signal sign company?

Billboard signage.

Um boy, I I think the sign company rep's gonna address that better.

I don't think there is a standard.

I mean, basically your ordinance says how how big an outdoor advertising sign can be, and you do see at times people come in for variances and there are different signs based on, like for example, the Lord Expressway signage gets a higher and a larger standard per year ordinance than something that's just on a regular traveled street.

Um, so I I'm not very articulating that answer very well, but I mean it kind of depends on your code, but I know you see variances, so it kind of depends on location, visibility.

Uh, there are a lot of variables, so no exact standard other than what your code dictates, and then the variances come in from there.

Well, I'm glad to hear their willingness to reduce the size of the okay.

Thank you.

Anything else?

Okay, are there any remonstrators about this?

I see none.

Is there a motion to approve it given the five feet to eight and a half feet?

So move.

Second.

Please call the roll.

Miss Payne.

No.

Mr.

Rudolph.

Yes.

Mr.

Shetler?

Yes.

Ms.

Cabill?

Yes.

Ms.

Kasha.

No.

Mr.

Petke.

I vote yes and show that it is approved with four yes and two no's.

Okay, and Krista's gonna stay up there because this one next is VAR-2026-020.

Um, or no, sorry, 021.

This one is at 333 circle front drive, and it's the same request, and she said she also wants to change this one to five square foot to eight and a half square foot for the nameplate.

Just for the record, I think you want me to read the whole thing.

No, you don't need to do that, but I want this to be on the Granicus and in the memorandum that the testimony and comments uh from the previous petition would be incorporated by reference as to this petition.

That makes sense.

So we don't have to go through the whole thing.

Agreed completely.

I'm not sure I can.

I I know I cannot read it all.

So thank you.

So we all know it's Krista.

And are there any comments or questions again?

Hear none.

Are there any remonstrators about this one?

I see none.

Is there a motion to approve?

So move.

Second.

Please call the roll.

Mr.

Rudolph?

Yes.

Mr.

Shetler?

Yes.

Ms.

Cabill?

Yes.

Ms.

Kasha?

No.

Miss Payne?

No.

Mr.

Petke.

I vote yes and show that it is approved with four yes and two no's.

Thank you all very much.

Thank you.

Good luck.

All right.

Next we have docket number VAR-2026-022.

Petitioner is Tommy and Darla Lynn, represented by Rocky Pribble.

Applicant requests relaxation of the minimum required road printage, allowing two access drives from 200 foot to 102 foot for installation of a second driveway for a new residential accessory structure.

All right.

Well, everyone who's here to speak on this petition for your answer, please raise your right hand.

You swear or affirm the testimony you give is true and accurate, so if you got it, thanks.

Joy, you're in charge.

Oh, I didn't even see that he went.

So sorry, yeah, I didn't even see he went.

Um, okay.

Um, missing uh name and have we done name and address?

Okay.

Name and address for the record, please.

Okay.

Um, so you're building um a new accessory structure, and you need a second driveway.

That's what your variance is.

Okay, do you have anything to add to the what was read into the record?

No, ma'am.

Okay.

Is the board having questions?

Do we have any remonstrators?

I don't see any.

Is there a motion to approve uh variance 2026 022?

So moved.

So can we get uh Mr.

Shetler?

Yes, Ms.

Cavill?

Yes, Miss Kasha?

No, Ms.

Payne, yes, Mr.

Rudolph, yes, Mr.

Petke.

Four yes, right now, for yeah, that's what I okay.

So um variance request is um approved uh four yes, one no.

Thank you.

Thank you.

Okay, next we have docket number turn the page.

VAR-2026-023 at 3001 Oakland drive petitioner is Evansville Vanderburgh public library represented by Husk signs applicant request relaxation of the maximum allowed number of on-premises signs from one to two to allow installation of new signage for an existing public library.

Okay well everyone who's here to speak on this petition for or against it please raise your right hand you swear or affirm the testimony you will give is true and accurate so I'll be good thank you name and address for record sorry about that it's okay Alexandra Husk uh one one one five indie court uh David Greenwood 522 Main Street I think that was it you have no background okay okay okay go ahead you want me to explain what's sure okay give uh three sentences currently uh the Oakland branch of the Evansville public library has two signs we are replacing uh we're asking to replace both of them uh one of them is on the street on Oak Hill Road and the other one is on what is that road?

Oakland Drive um the second sign is actually going to be smaller and non-illuminated but that we're just asking for a variance on the allotted uh one sign per building frontage to two straightforward comments or questions yeah good question for staff how did these signs not get permitted to be because they have two signs now and they're not even permitted just old yeah they were very old they're also on the right of way so didn't they get and it's the library they did get an encroachment to replace them yes okay and it used to be three signs per frontage correct and then it got changed to one well this is actually an R1 so it would have been um one sign per frontage they have two fronges with the corner special use this is an implied special use since it's older.

Okay so it's they're just illuminated signs there's no message one is correct there's no digital sign one is illuminated the one that the sign that's on Oak Hill Road is illuminated the one that's on Oakland Drive is non-illuminated okay and I agree I think that they've made some great improvements to the library and all of the libraries are getting the same signage but um it's they're all doing a great job especially um oh they just redid actually they're redoing all of them they're all beautiful okay thank you okay are there any remonstrators about this I see none is there a motion so move second please call the roll miss cavell yes casha yes miss payne yes mr rudolph yes mr shetler yes mr petkey I vote yes and show that it's approved with six yes zero no's is that like a record all right next we have docket number VAR-2026-024 at 7300 East Columbia Street petitioner is Edward Jones Financial represented by Husk signs applicant request relaxation of the maximum allowed number of on premises signs from three to four to allow installation of an additional or installation of additional signage for an existing business.

Well you guys brought the whole office down here today all right well everyone who's here to speak on this petition for order against it please raise your right hand you swear affirm the testimony you will give is true and accurate selfie God yes I do thank you Kathy Heck has signs 1115 Indy Court.

This is pretty straightforward, new building um the way that building is configured, you really can't see who's in it.

That's true.

From cross point.

So we're adding just uh light of others on the building on the cross point side.

Sounds good.

Okay.

Comments or questions questions?

This is going to be a multi-tenant building, isn't it?

Correct.

But they are part half of the building, and there's another company that's actually going to be the other half.

Okay.

And they're going to be kind of doing the same thing.

Okay, on the front of the building.

Um, there's an Edward Jones sign.

Are you do you have permission already to put oh yeah?

All that's all permitted.

Okay.

The only thing is they're only allowed three signs, and with adding that four sign, there's one on the back of the building that you don't see very well, but it's permitted in front.

So if you're southbound, you can see the one that says Edward Jones on the uh corner.

Is that an barely?

Yes.

Okay.

Yeah.

It's kind of to the end, so it's kind of hard to see.

Yeah.

So where's this new sign going to go?

It's actually on the very very end, but there's just windows down there.

Okay.

A suite.

Okay.

Facing cross point.

Okay.

All right.

Thanks.

Anyone else?

Are there any remonstrators about this?

I see none.

Is there a motion?

So move.

Second.

Please call the roll.

Ms.

Kasha.

Yes.

Ms.

Payne?

Yes.

Mr.

Rudolph?

Yes.

Mr.

Shetler.

Yes.

Ms.

Cabell?

Yes.

Mr.

Petke.

And I vote yes and show it is approved with six yes and zero no's.

Thank you very much.

Have a good evening.

All right.

Next we have document number VAR-2026-025 at 3031 Schlinsker Road.

Petitioner is Shannon Bryant.

Applicant request relaxation of the zoning code to allow an accessory structure to be taller than the main structure of the residence.

For construction of a new 1200 square foot, 18 foot tall barn.

The new accessory structure will exceed the size of the residence by about two foot in height.

All right, well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

You swear or affirm the testimony you will give is true and accurate.

So if you got yes.

Thank you.

Name and address, please.

Shannon Bryant, 3031 Schlinsker Road.

Thank you.

Is your plan to speak?

Oh Josh Bryant.

He can't.

He did this I guess.

Okay.

So uh it seems pretty simple as accessory structure.

Is it for your uh personal use only?

Yes.

And did you talk with your neighbors?

Yes.

And they said, and and what did they say when you talked about it?

Okay.

Comments or questions?

Are there any remonstrators about this?

I see none.

Is there a motion to approve?

So move.

Second.

Thank you.

Please call the roll.

Ms.

Payne.

Yes.

Yes.

Mr.

Rudolph?

Yes.

Mr.

Shetler?

Yes.

Miss Cabell?

Yes.

Miss Kasha?

Yes.

Mr.

Petke.

I vote yes and show it is approved with six yes, zero no's.

Thank you guys.

Thank you.

Next is document number VAR-2026-026 at 2038 Lincoln Avenue.

Petitioner is King Dentistry on behalf of B Ray LLC, represented by Custom Sign and Engineering.

Applicant request relaxation of the maximum allowed height of a monument sign from eight foot to twelve foot to allow installation of an updated monument sign and additional topper to replace an existing sign.

Alright, well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

Do you swear or affirm the testimony you will give is true and accurate self you got?

I do.

Thank you.

Scott Elpers, uh 5344 Van Rogue Newberg.

Um basically it's an existing sign.

I guess that it's not in compliance currently.

Um I know the eight foot height requirement uh is not met, however, it isn't currently.

The only thing we're doing is replacing the top face and putting the little uh logo on top.

So it's out of compliance already.

We're trying to get it back into compliance.

Okay.

Is it the tooth that moves it over the that tooth isn't for sure um you know, four foot in height?

So the sign is actually uh like it about uh eleven feet currently.

So the sign as it is would be legal nonconforming because the new sign ordinance was adopted last year.

Okay.

So and this was there before that, as it is now, so the only thing we're doing is so no changes.

You're just trying to get in and no, actually, we're putting new faces in the top portion.

Yeah, you are adding that, yeah.

The face from the white to the black and then adding the tooth logo to the top, which does increase the height of the sign.

It already says family dentistry.

Why do they need the tooth logo?

I think they want it to uh that's the logo and uh you know name recognition, um, also the tooth, you know, just right there.

New owners of that.

I'm sorry.

The tooth has a crown.

Yeah, where are you gonna put a crown if you don't have a two?

Okay, get it.

I get it, but I'm also getting that it's right, Lincoln and Winebach.

Anybody else?

Well, I don't know.

Is there a current message board there now?

That is all existing.

Only thing we're doing is changing the face and adding the tooth to the top.

We're not changing anything else.

Okay, that's all existing.

Are you guys changing out the message board?

No, it's gonna be that same exact old message.

Or same message board.

I just uh when they did the art, they put the flag on it.

I have no idea why, but it is the exact same sign, not touching it.

Is that is the message board part of it?

Is that regulated uh to dim at night?

I have no idea.

Yes, so they are all supposed to dim from dust to dawn, but the code just says dim and does not give a percentage of output, it just says dim with ambient lighting.

Okay, I'm not sure if there was a variance or anything put in place for that sign, so I can't state whether there was or not.

Okay, are anybody else?

Are there any remonstrators about this?

I see none.

Is there a motion to approve?

So moved.

Second, we have a first and a second.

Please call the roll.

Mr.

Rudolph?

Yes, Mr.

Shetler?

Yes, Miss Cavill?

Yes.

Ms.

Kasha, yes.

Miss Payne?

No.

Mr.

Petke.

I vote yes and show it is approved with five yes, one no.

Thank you.

Next we have docket number VAR-2026-027 at 2727 Claremont Avenue.

Petitioner is Rick Decker, represented by our layman and sun consulting.

Applicant request relaxation of the minimum required side yard setback from five foot to zero foot, and rear setback from 25 foot to 15 foot, and relaxation of the maximum allowed lot coverage from 40% to 48% for construction of a new 480 square foot residential addition.

Alright, well, everyone who's here to speak on this petition, all of you uh forward or against please raise your right hand.

Do you swear I've heard the testimony you will give is true and accurate something on?

I do, thank you.

It's a pretty simple request here.

These watts obviously are pretty small.

Uh the Deckers have lived here for uh a long time.

Um they've done a ton of improvements to their property, and they're wanting to connect their house to their garage.

They've got a really nice uh addition on the garage already.

Uh so this will just kind of finish it off.

I got grandkids and two very aggressive little dogs, ask my leg, but uh anyway.

Yeah, so there's one to connect it, um, and talk to the neighbor that uh on the east side there where it's closest to that neighbor's driveway.

They're really close and they're obviously fine with it.

So we are here very well.

Comments, questions?

I hear none.

Are there any remonstrators here?

I see none.

Is there a motion to approve?

Some of the second second.

Please call the roll, Mr.

Shetler, yes.

Ms.

Cavill?

Yes.

Ms.

Kasha, yes, Ms.

Payne?

Yes, Mr.

Rudolph?

Yes, Mr.

Petke.

I vote yes and show it's approved with six yes, zero no's.

Thanks, thank you.

And lastly, we have dog number V A R 2026 S029 at 2405 South Kentucky Avenue.

That's the wrong one, Joel.

Petitioner is Wolf's Evansville Properties L LLC.

Represented by our layman and son consulting.

You have to click the variance number.

Applicant request relaxation of the minimum required front yard green space from ten foot to zero foot along South Kentucky Avenue.

And side yard green space from five foot to zero foot along Independence Avenue.

Relaxation of the maximum allowed height of a fence in a required front yard on a corner lot from three foot to six foot, and relaxation of the required eight-foot opaque fence surrounding an outdoor storage area to legally establish existing conditions for a vehicle storage yard installed without permits.

That's the right one.

Okay.

Well, everyone who's here to speak on this petition for it or against it, please raise your right hand.

Do you swear or affirm the testimony you will give is true and accurate self you got?

I do.

Thank you.

Matt Layman, our layman and send consulting 8522 Astro Lane at Evansville.

And Joel, I do appreciate you.

Okay.

Okay.

Cassie's comment there.

Anyway.

So Wolf's Auto Auction.

Uh this building has been they've been utilizing this uh since uh 98, I believe, is the year.

Um, and the way that this came about, uh, they thought everything was fine.

They uh Wolf's decided to invest in the property and do a remodel on it.

So all permits were pulled to to do the remodel.

There was a bathroom inside the building, and it had a water line break um nine years ago.

Well it was like nine years and eight months ago.

So the water department said that was close enough to ten years that they needed to put a new water tap in.

So they went through that process, and then the 11th hour, the water department said that they needed to go through commercial site review for this.

So we started that process, and then like the can of worms was opened and spilled on the table.

So that's how we got to uh this point here.

Uh then we found out that I guess it was never um properly permitted, but um the use is gonna be the same as it always has been.

Uh this doesn't store jump cars or anything like that.

These are where vehicles will come for um if they get a vehicle that maybe had um basically stuff that's not gonna go on their their high-end auction block, uh gets stored here.

Uh there is a metal opaque fence around there, and then I think he said once a month they have kind of a um a wrecked vehicles, um, or a it's not wrecked vehicles, I had a different term for it.

Um they had a special auction for vehicles that don't make it onto the other uh normal operating vehicle auction.

So uh no, it's not necessarily salvable.

There may be some salvage on there, but everything on there is able to move.

Yeah, so if if there's a vehicle that has a an engine knocking or maybe a transit transmission that's slipping, that sort of thing.

Uh and in the barn that just stores motorcycles, tractors, four-wheelers, whatever.

Um, but it's all tied to the the wolf uh uh use there.

So again that's how we got here.

We did get our right-of-way permit from the city engineer uh from Board of Public Works.

So yeah, we're just here to get this thing signed sealed and delivered.

Other questions, boards?

You just want to keep things the way they are, but get into compliance.

So if you yeah, if you drove by there, the only change is in this came in the 11th hour to uh per the water department, the the water meters currently inside that fence.

We're gonna move part of the fence back so the water meter is exposed to the outside, um, but outside of that, it's gonna be identical.

It doesn't change our variance requests at all.

The fence is gonna come back towards our property um just a little bit of section uh where the water meter currently is.

Okay, thanks.

Are there any remonstrators here?

I see none.

Is there a motion to approve?

So move.

Second.

Please call the roll.

Ms.

Miss Cabill?

Yes, Miss Kasha?

Yes, Miss Payne?

Yes.

Mr.

Rudolph?

Yes, Mr.

Shetler?

Yes.

Mr.

Petke.

I vote yes and show it is approved with six yes and zero no's.

And before I forget, I did promise Miss Williams I would say she was here to support us.

Uh she's the president of the Glenwood Neighborhood Association.

And I just saw her green card here, and I was like, oh shoot, I forgot to say this.

So I gave her my word that I was going to say that so I said.

I was wondering why she was here.

Yeah.

So she was she was here to support us.

So thank you very much.

Thank you all.

All right.

Any other comments for the good?

The end.

Meeting is adjourned.

See you next month.

So I Googled it.

There is not a minimum for the state of Indiana.

Land you have to have.

Which is crazy.

The only thing that I saw in Linnae DNR's website is that if you want to put your land in the pot for like access to private lands.

So even that, you have to have at least five acres of order there.

We do not.

I really want it.