No.

Oh, here.

Oh god, I don't know if you wanted it or not.

You want to park it over there with that?

Yeah.

Okay.

So I need the exercise.

Oh, okay.

Okay.

Sure, I might as well have her instead of behind the ones that you can.

I think there's something wrong with it.

We got all kinds of substitutions.

Very strange.

Lost in the band, so that would be a good one.

So I don't think it's a good one.

Oh really?

Oh no.

Just a vacation.

But I'll probably think it would be true.

So we can also do it.

This meeting is being transcribed and summarized.

Yes.

He has a bit.

We don't have to.

I hate to think that's what John asked him to do.

Okay.

Yeah.

I don't mind this.

I agree, but you know, it might not be a side.

So that would be a good place to be in the way.

That's the only thing about that.

So we can do it.

You know what I just mean?

So I don't know if you can.

Yeah.

So I doubt that it was too much.

Okay.

I have to sort of all I know.

So on the culprit, and I didn't suppose to pass the slide.

Yeah.

I don't know if it's on this one.

I know.

If we ever find out why we're going to go lots of other.

You know, I don't mind it.

So you know what you're doing.

If you're going to not have a people, I'm just off as well.

Oh, of course.

Do they actually have a lot of weird?

So I'm going to have some.

Okay.

So it's the purchase of the work with that.

I'll put it in the side.

It's probably that.

But we'll just do it with the label.

They went over there and she was taking it.

Yeah, they made it.

Yeah, we might get it.

Well, that's nice.

I appreciate that.

Exactly.

You could all the other time.

I feel like you hear it so much you shouldn't be able to repeat it, but you know, but that's what I want to do.

No, it's probably true.

So yeah, we can't.

No, uh, uh, and then I also have a lot of things.

This is uh, no, that is all we need to go to that one.

Isn't that awesome?

I don't want to send the screenshot.

Oh, yeah, I've got a I love that.

I haven't had the model.

I have started to uh I got two on it since the first time I got Wi-Fi, but I was able to say that.

Oh, so I think we have to get it.

I know we have two.

So it's my son doesn't have to go.

Are we two?

Oh, I can't.

I know I have to pass.

You're prepared, not to worry, right?

I just highlight some statistics.

No, it's not actually a lot.

I think that's what I didn't like that in law schools, but one sentence are very highlighted.

And then we all know that.

Just the four of us.

I don't think so.

I don't think you have to go to the point of the system.

You're never dying.

Wow.

So thank you for the asking to stay first.

Okay, it's one one minute after three.

Ron just called me on the carpet about that because I was talking, so we're going to start the meeting.

Miss Cobble.

Miss Kasha?

Here.

Miss Payne.

Here.

Mr.

Rudolph.

Mr.

Shetler.

Mr.

Zayner.

Here.

Mr.

Pedke.

Okay, there's four of us.

All right.

Uh can I have a motion to approve the memorandum of the May meeting, please?

Someone.

Okay, we'll call, please.

Ms.

Cobble.

Well, never mind.

Miss Kasha.

Yes.

Mr.

Rudolph?

Yes.

Mr.

Zayner.

Yes.

Ms.

Payne.

Yes.

Please fill the record the May memorandum is approved.

We're now going to play a recording that will describe our proceedings here today.

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 variants 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.

Do you not have four votes to either approve or deny the request?

You have the opportunity to go before the board the next month and be heard again.

The denial of a petition for variance, special use, or an appeal by the Board of Zoning Appeals, or the withdrawal of such a petition by the petitioner shall prohibit the Board of Zoning Appeals from hearing the petition for a variance, special use, or an appeal for the subject property or a part thereof for 12 months from the date of the denial or withdrawal.

An exception may be made upon unanimous vote of the Board of Zoning Appeals.

In granting a variance or special use, the Board may set any conditions, requirements, 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 but 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.

They're 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.

The code specifically 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 are 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 and board of zoning appeals will have five minutes for rebuttal.

Hang on.

Thursday, July 16th at 3 o'clock, and room 301 in the Civic Center.

We have two petitions that are going to be continued in next month.

I'm going to read off what those are.

If you're here for either one of those, you're welcome to stay, but you probably don't want to.

So the first one's variants 2026017, which is 11216 Walnut Road.

Petitioners Jacob Hunt.

The second variance that will not be heard is 2026030, and the address is 3300 Edgewood Drive.

Petitioner Seth Durner.

Is anybody here for those two?

Didn't look like it.

Okay.

They will both continue to the July 16th meeting.

Let's move on to the first item on the agenda.

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 help you God?

Thank you.

All right.

First is docket number SPU-2026-003 4100 Covert Avenue.

The petitioner's landmark recovery on behalf of Universal Universal Health Realty represented by Andy Smith.

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

This is a second continuance after having no represent representation appear at last month's meeting.

And staff has attempted to contact the petitioner multiple times but has received no response.

All right.

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

Really high.

Seeing none.

Okay, so we were talking about this one earlier.

Call for remonstrators.

Sorry.

Well, I'm used to asking for name and address, but there's nobody in the demonstrators either.

Do we have any remonstrators on this one?

I'm it doesn't appear that we do.

So at this point, um we can kind of discuss what to do with this one.

They didn't petitioner didn't show up last month.

And as Ron was saying, we haven't had any contact.

We've had contact, but they have not responded.

Uh what do you guys want to do?

I kind of asked Dirk if we could go on and vote on it without them here.

He says we can.

Or Ron and I were talking about just withdrawing the petition, but Dirk said that we can't withdraw.

That's just sort of semantics.

You can't withdraw something you didn't put forward, but you could dismiss it, I suppose.

Just change the wording.

This half of the room thinks we should dismiss it.

Okay.

Or with that withdrawal.

It goes off the docket.

For a year, so it doesn't well.

So the way that the way the rules read is that if it is if it is denied or withdrawn by the petitioner, it there's a year moratorium.

So this is a little bit of a gray area, and unfortunately, our our rules don't cover it.

Um if you don't think if you vote on it, if you vote on it and deny it because of you don't have enough information, or whatever, they haven't met their burden.

Yeah, then it would be definitely uh, you know, a one-year moratorium.

They can come back if they want and ask for relief from that one-year moratorium, which would require then a unanimous vote.

Um, so it's not like at the end of the world, but it's tough to get through.

Well, do we have to vote to dismiss?

And I'm not sure my microphones work, but it is.

Oh, okay.

Um, there is kind of a critical need for what they're proposing uh in this community and a lot of other ones, but they really haven't played by the rules, and by not having a representative here is kind of strange at the very least.

But is there some way we can continue to allow them to approach us?

Uh without the one-year delay, but make them pay for it next time again.

If you dismiss it, wouldn't that be where you're dismissing the petition that they'd have to refile?

What I've seen done in some cases is that it is it is continued without a date.

So they would have to come back and get it put back on the agenda.

It's just I don't want you all the staff to have to keep putting these things together and then they show up.

Yeah.

Right.

So I'd kind of like that idea.

Does staff know is this still a viable project?

Is this in the works at all?

You know nothing.

I have not personally tried to reach out to them, but I know Cassie has, and I don't believe she's received any response whatsoever.

So I mean, we really don't know.

I would have thought that if it was something that was viable and they wanted to do that they would be contacting us back.

So we've just not heard of any.

We've not heard anything at all.

If somebody for the property comes back and it's, you know, being seriously deliberated that they're actually going to go forward with a recovery clinic here.

I don't think anybody's going to be opposed to vote to have them come back to lift to give relief from the one-year moratorium.

I know I'm not going to be.

Is anybody opposed to giving them that relief?

If you can if you continue it with no date, then there's no moratorium.

It's just gonna sit there.

I mean, they're not the staff doesn't do anything else with it.

And they would have to pay a continuance fee basically to get it back on the agenda.

If we just if we dismiss it, there is no year.

They'll just have to get the remote.

I mean, the idea of dismissing it is it's dead.

Yeah, they just have to start over again.

I don't know, it's half of one six of one, half dozen of another.

If we don't have the year more to him in there, we okay.

I move we continue it without a date.

Okay, so we have a motion second, okay.

Okay.

You call the roll, please.

Miss Kasha, yes, Mr.

Rudolph?

Yes, Mr.

Shetler?

Yes, Mr.

Zayner, yes, Ms.

Payne, yes.

So we have five yeses, and we're gonna um continue it.

Okay, all right.

Next up is docket number SPU-2026-004, 16035 North Volkman Road.

Petitioner is Robert Redden the third.

Applicant request a special use number 24 for private recreational use.

This petition was continued from last month's after a vote of no action.

The failed motion was conditioned on submission to commercial site review for all proposed structures and prohibiting use of the property for hunting.

The board requested that the applicant submit renderings showing the proposed structure for consideration uh today.

No new information was submitted to staff prior to the meeting.

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 I'll be good.

Thank you.

The petitioner wants to come up.

Is the petitioner here?

Are you both are you both remonstrating?

Are you remonstrators or not the petitioner, the property owner?

Okay, okay.

So we have a no show.

You want me to go ahead and read it?

Yeah.

Yeah.

Okay, we got a couple of items that were submitted to us to read into the record, so I'm gonna go ahead and do that.

I've got a letter dated here from the Board of Commissioners, Justin Elpers, President District 2, June 18th of 2026, Board of Zoning Appeals.

I appreciate the Board of Zoning Appeals considering my position on this matter.

I respectfully request that my statement be read into the record.

Special use request 16035 North Volkman Road, docket number SPU-2026-004-1.

After thoroughly reviewing and seeking guidance from those that are avid hunters, the following concerns were expressed about the special hunting use request on Volkman Road in northern Van Burg County, safety of adjacent property owners and neighboring residents, small parcel size, proximity of the property to surrounding residential homes, potential use of high-powered rifles, and considerations related to Indiana Rifle Regulations, Indiana Code 14-22-2-8.

Given these concerns, myself, along with residents who live near the property, would appreciate your denial of the request.

Kind regards, Justin Elpers, President Board of County Board of Commissioners of Vanderburgh County.

And then we also have an email here from the county engineer, John Stoll.

Uh it's dated uh today at 2 42 p.m.

It states Ron, the driveway that has been installed for 16035 Oakland Road has unresolved issues regarding erosion problems and sediment leaving that site.

The land disturbance at that site is less than one acre, so it falls under the threshold that would require an erosion control plan.

The sediment that has been coming from the site has been filling the roadside ditch on Volkman Road, and it has periodically resulted in mud being deposited and tracked on the Volkman Road.

If the special use is approved for the site, it should be approved with the following conditions.

Adequate erosion control measures must be installed and maintained along the driveway until vegetation is established on all areas with exposed dirt.

All existing sediment must be removed from the driveway culvert and the roadside ditch, and the driveway must be installed to meet all conditions stated in the approved driveway permit.

Let me know if you have any questions about this.

Thanks, John Stowe, PE Vanderberg County Engineer.

Okay.

Just to be absolutely clear, is the owner of this property present in this room.

Okay.

So none of you own this property.

All right.

Okay.

So I was asking counsel what to do.

We have two remonstrators who came to remonstrate against it.

The petitioner is not here.

Do you want to hear from the remonstrators?

Yeah, I think since they're here, we owe it to them to hear what they have to say.

Okay.

Do one of you guys want to come up first, please.

So my name is Robert Murphy.

Uh I live at 16125 Volkman Road.

Um, probably around, I'd have to say about 30 yards.

My property is within this special use project.

Uh so for the past 15 months.

I've had to look outside my front door.

Um, an old camper that was sitting there.

There's been uh side by side that's been sitting there for the 15 months.

There's been a trailer with a truck on it.

There's been another trailer, there's been some odd buildings, none of it's covered.

Um, vegetation around all this.

Um, and mind you, these homes that surround me and and the proposed project, these homes, some of these homes are like million point five, even more.

Um, and that's you're talking like 10 homes around all this.

Um so it's not just I mean, these are residential areas, these people have children.

Um I just uh it's beyond me that uh that anyone would want to even consider this.

Uh just because it's it's a five-acre five acre parcel, but only one of it, actually, not even one is is not woods.

Um, and then the driveway.

I mean, if you came by and took a look at this driveway, and I'm I'm not an engineer, uh, it it would appear that three stooges might have installed this driveway.

Uh at one time when they installed the culvert, they literally had the culvert with bags of pea gravel on top to hold it down.

I mean, that's yeah, I it's just been uh so I'd be afraid to drive up the driveway, to be quite frank.

Um, and so having said all that, I mean I just um you know this is not the ideal place for a hunting and recreation area.

It's uh it just has no merit.

Um, and I know John behind me, he'll speak even more.

Uh but I just um there's many reasons I could talk.

Well, even when you were explaining what special use projects were, even the half of them didn't it didn't even qualify for half of the, I think there was six altogether.

So I was trying to write them in my head.

Uh but even, you know, three out of the six, it didn't make no sense.

So uh I plead with you um to come out and take a look if you want because I mean it's just you know, when we bought all this would have been known to us, then we would have, yeah, nobody would have done it.

Um, so anyway, uh, I appreciate all of your time and uh best of luck.

Thank you so much.

Thank you.

Does the next my monster do you want to speak?

My name is John Sarrad.

Uh I own the property at 3610 Bulkman Road, and I live at 31 or 3610 baseline, excuse me, and I live at 3101 East Baseline right down the road.

I've owned other properties on Volkman Road right in the vicinity in the past.

And uh I'd kind of like to continue on with what Bob was saying.

One of the first things I noticed when I started researching this was that there were six criteria that are to be considered, and they were mentioned in the recording earlier.

I absolutely agree that a number of those have not been met.

Uh I can read them back to you again, but I'm certain you know where the argument's going.

The number six, I believe is it's beneficial, and there's a reason for it, and I just don't see how this needs to be done.

This young man that was here before, and I I spoke about him at the time, has a dream, and he wants to put it right there, but to let him leverage himself into that property so that he doesn't have to build a residence, and he could be allowed to detract from our residences.

I know that there was uh uh in the field staff report, it talked about a plan for a 384 foot, I believe, what uh barn or cabin or something would be put on there.

I went to the uh criteria for a uh number 24 special use, and it talked about various things that weren't and were not allowed.

Uh starting with the road, that to me is an indication either of not wanting to follow the rules, not understanding them, or not being aware of them.

And that in itself is a pretty large uh strike against the established community that we have there.

This uh driveway's been washing out onto Vulcan Road, and it's quite dangerous the way the mud comes down there, and then the county has to go and clean it up and do that sort of thing.

Uh as well in the criteria for number 24, it talks about being a temporary use.

This can't be a residence, and it cannot have a uh either a temporary or permanent sewer or septic system, and if there are bathrooms out there, they have to be moved when there's any danger of flooding.

We get a lot of rain out there.

Fortunately, this last storm that we had last night didn't hit here, but up in Illinois, I know they had terrible problems, and we've had problems before.

I'm concerned that the applicant's attitude kind of betrays all of us.

I understand what he wants to do.

I think that's great.

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

I don't think we can depend upon him to follow any further rules, just as the attitude towards the parking all of this stuff on there and that the temporary plywood shed on wheels that he had, the driveway and all those things.

We don't want to have to deal with this on a continual basis.

If he had shown that he could or would follow the rules, that'd be one thing.

He told me quite frankly that he really struggled to afford this property and he really doesn't have the money to go any further.

I wish you were here to confirm this.

He's done talking about when we were standing out in the lobby, I was clarifying some data.

Last time there was a lady who was also she lives next door to Bob Murphy.

We were standing there talking, and he came up to us and said, Would you like to buy my property?

He says, I'm having a terrible time, I don't really have the money to develop.

And you know, it was a very cordial conversation, and it indicated to me that this should not be done.

He shouldn't be able to leverage into that and and pull all of us back.

Part of zoning is to protect all of our interests, not just his.

I understood there was a conversation between some members of your board that uh his property rights were important.

Well, all of our property rights are important, and I think we have an overriding uh need to preserve what's going on out there, and if somebody buys that property and they want to build a house, fine, but to have camping where they can have portable bathrooms, all sorts of other things in it uh for a reason that is typically used for river camps or for summer camps for children, things like that.

That's what 24 appears to be uh constructed for, not for somebody to come up and want to hunt and come go out and camp and have a campfire.

That's really not what that's about, I don't believe, but it's so vague, like a lot of other parts of the zoning ordinance.

I'm from a different place where the zoning ordinance, boy, they know where every staple is in the paper, every dot and everything.

This is that's one of the drawbacks to uh to Kentucky to Indiana.

That is one of the the nice things about it too, because everything is not so formal and buttoned down, but with all that being said, I just uh I just really don't think that's right.

This is my granddaughter back here, I don't want her to catch a bullet because somebody is shooting a gun, and there's lots of children's stuff out there.

That was what brought me here to begin with, but after I looked into it, I just feel like it's it's something that should be denied.

Thank you.

Thank you.

Do you um uh I have a question?

Have you heard gunshots uh from that area?

Uh not from there, no.

I mean I've heard gunshots from time to time in the general vicinity.

We don't know where they're coming from.

Okay, but we do have a lot of poachers coming in there trying to hunt deer on private property, too.

So I mean, that's it's an interesting situation.

That is the densest woods out there you can imagine.

You can't you couldn't walk 50 feet through those woods.

It's so tangled without a machete.

And since he doesn't really have the funds, which he admitted, to clear any of that, that's expensive to clear out a place.

You to be able to clear out a lot to build a house and to put a septic system in if he was going for a house, because you've got to be quite a ways from the trees, your septic system will fail.

It's just to me, it's just not the right the right type of use for that particular place.

And I don't blame him for wanting to get out in the frontier and be Davy Crockett, but that's not the place for it.

Okay, thank you.

You're welcome.

Just so the record is clear that this is zoned AG, so if he wanted to put a single family home there, he could without without the special use.

That's not but that is you're correct, that's not what a special use is for.

And that's what he the petitioners applying for special use for recreational area.

Right.

Is there any more discussion?

Anybody?

Okay, so let's um I talked to Dirk.

We can make a motion on this, um, even though the petitioner's absent.

So does someone want to make the motion, please?

I'd move you deny the petition.

Is there a second?

Sorry.

Okay.

Morgan, will you call the roll, please?

Just this gives us a little a little upside down sometimes.

For the record to be clear, if you say yes, you mean yes, deny it.

Okay, yes.

Go ahead, Mr.

Rudolph.

I'm sure I'm clear on this.

Yes, and not.

That's perfect.

Do that.

I like that too.

Sorry, Mr.

Shetler.

Yes, deny it.

Mr.

Zayner.

Yes.

Ms.

Kasha, yes, deny.

And Ms.

Payne.

Yes, deny it.

That's five yeses to deny and zero no's.

Um, so special use 2026004 is denied.

I have a question from staff.

You know, there are some uh lots of quality buildings on the car now.

Is there a way to enforce the removal of those quality owners should be allowed to leave them there?

I believe we have pictures of the site and everything.

I'll check with staff on uh what violations may or may not be out there, and if there are, we'll make sure that we get them in force.

So I'll speak with them after the meeting.

So Ron, this was started with the violations.

Yeah.

There you go.

Okay.

Yeah.

And the living in the uh RV, and they were all supposed to be removed, and then he filed for the special use to keep them to try and get a permit to keep them.

So just to be clear, and that um the remonstrators understand the denial of this special use request will start in motion.

Some things that are going to make him remove all this, yeah.

Yeah, whenever we have a violation letter that follows up with if the things do not occur, then fines start occurring in court and different things.

So, yes, okay.

Next up we have docket number V A R 2026-028, 1717 North Green River Road.

Petitioner is Greer Investments LLC, represented by custom sign and engineering applicant requests relaxation of the maximum allowed number of on premise signs from three to six to allow installation of new and updated signage for an existing business with new product offerings.

All right.

Well, everyone who's here to speak on this petition for it or against it.

Hey, there's someone.

Please raise your right hand.

Do you swear or affirm the testimony we'll give is true and accurate?

So if you got I do, thank you.

Scott Elpers uh 5344 Van Road, Newburgh, Indiana.

Scott Mills, custom sign 5344, Ben Road, Newburgh.

So we have two Scots.

Two Scots.

That's very confusing.

Uh so what we have here is is it's two national brands uh that are competing for signage, I guess you would say.

Uh Kibba is a new brand that they are going to distribute and they have brand standards.

So what we've done is is we've integrated it into their main ID sign.

One of the uh requirements is that they have to have a ID sign for in America does well.

So we divided that sign in half.

Uh, we're gonna change faces on that.

Um the most of the signage here is existing.

Um, but it's Scott, can I ask you some why you're on that?

Is this the one that you're dividing in half?

That is correct.

Okay.

Yep.

That's the road sign with the message unit.

Um, it's just new faces in that existing sign.

Um B and C, B is existing, uh, existing channel letters.

Uh the proposed sign is the minimum that they're allowed to have to be a kiba distributor on the outside of the building.

Uh it's fairly small.

Um, and then a D is of course the front ID, they they uh have frontage on two roads here.

That's the reason why they want two building signs, and then that back is just decals on a door.

Uh they have pickup and delivery uh for there, so they just denote that door.

That sign's been there forever, it's just never been permitted.

So we're just kind of bring that back into compliance.

So you're uh F is the one that's been there forever.

That was not permitted because it's kind of a decal or something, so that is correct, yes.

And it's on the back of the building, it's I don't believe it's even visible from the road.

Okay, so the the new branding of the KIBA, they're only going to have is it uh two signs?

That's correct.

Yeah, half of the road sign and then the one small sign on the on the west.

Yeah, west side of the road.

That faces the west, okay.

Is anybody have any questions?

Are there any remonstrators for this petition?

Okay, saying none.

The motion, motion to approve, second.

Okay, call the roll, please, Mr.

Shatler, yes, Mr.

Zayner.

Yes, Ms.

Kasha, yes, Mr.

Rudolph, yes, Miss Payne.

Yes, five yeses and C will no, and you've got your signs.

Thank you.

You're welcome.

All right, next up is docket number VAR-2026-031, 7931 North St.

Joseph Road.

Petitioner is Jack Crowell.

Applicant requests relaxation of the minimum required front yard setback and of an accessory structure located in front of the principal residential structure from 200 feet to 118 feet to allow construction of a new detached garage closer to six school road than the existing residents.

All right.

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

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

So help you God.

Yes.

Thank you.

Jack Crowell 7931 North St.

Joseph Road.

I'm requesting a variance in order to build a two-car garage.

The code requires that it be 200 feet back from the property line.

I'm only 118 feet, and it is the only practical location for me.

So is the is the topography an issue?

Yes.

Okay.

Topography and the utilities.

And the utilities.

And a field bed.

Three problems, yeah.

Yeah.

Is this the one where the shed's gonna be torn down, or is another one?

Not this one.

Okay.

Okay.

Do you have any questions for petitioner?

Are there any any remonstrators?

Seeing none.

Motion, please.

Motion to approve.

Second.

Roll call.

Mr.

Zayner.

Yes.

Ms.

Kasha.

Yes.

Mr.

Rudolph?

Yes.

Mr.

Shatler?

Yes.

And Miss Payne.

Yes.

It's five yeses and zero no.

And motion passes.

Thank you.

You're welcome.

All right.

Next up is docket number VAR-2026-032 3059 Grove Street.

The petitioner is Eric Reedford, represented by Ryan Sermersheim.

Applicant requests relaxation of the zoning code to allow accessory structures to be larger in square footage than the main than the main structure of the residence and relocation and relaxation of the minimum required road frontage, allowing two access drives from 200 feet to 101 feet for construction of a new 1200 square foot pole barn and installation of a second driveway.

The total footprint of accessory structures on the property will increase to 2,192 square feet, exceeding the size of the residence by 1,152 square feet.

Alright.

Well, everyone who's here to speak on this pet this petition forward 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.

Yes.

Thank you.

Ryan Somersheim 815 Hartford Court here in Evansville.

Here to represent Mr.

Eric Ridford.

This project as a whole, I guess, to look at it has been a few years in the making.

Initially, the lot to the south where he's proposing for the new pole barn was a kind of a dilapidated house.

He ended up buying that lot, tearing the house down, having it combined with his existing lot.

And as he's approaching retirement age, would like to have a pole barn to uh tinker in more or less vehicles and uh you know maintenance equipment that type of stuff.

Um just personal use.

Um so the the variance requests is two part one for the accessory structure being larger than the house, and then the second would be for the driveway.

The existing driveway is technically still there from where the it was a separate lot, and this this would be going basically on in the same spot, so but because he did combine the lots that gets us into the second driveway issue.

Had to pack a lot of stuff on that drawing, hopefully it all legible.

So the new driveway he wants is going to be on Grove Street, yes, both both driveways existing driveways off of Grove and the new one as well.

Oh I know I'm I'm using this.

Yeah, yeah, it's the the highlighted driveway.

So this and then you're gonna have this drive.

See, I didn't see when this one comes in like that.

Okay, I got it.

So historically, when that was a separate lot, it obviously had its own driveway.

That the house was torn down, but the driveway stayed, so and I guess this is just combined the lots you said.

Correct, yeah, yeah.

So this is just to bring that into actual compliance, I guess.

He's got a little compound going out here.

He does.

He likes his hobbies.

Any questions for petitioner?

Are there any remonstrators on this one?

Seeing none.

Do I hear a motion, please?

So move.

Second.

Ms.

Kasha?

Yes, Mr.

Rudolph.

Yes, Mr.

Shetler.

Yes, Mr.

Zaner?

Yes.

And Ms.

Payne.

Yes.

It's five yeses and C will no and um petition uh is approved.

Thank you, guys.

All right, next up is Dacket number VAR-2026-033 5807 Big Cynthia Road, Scott McCord represented by R.

Layman and Sun Consulting.

Applicant requests relaxation of the zoning code to allow an accessory structure to be taller than the main structure of the residents and relaxation of the maximum allowed width of a residential access drive from 24 feet to 46 feet to legally establish an existing accessory structure and expanded driveway, not in compliance with the site plan approved by variants VAR-2025-032 and permitted in July of 2025.

All right.

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?

So if you got I do, yes.

Matt Lehman.

Did you say yes, sir?

Thank you.

Matt Layman Arleman and Sun Consulting 8522 Esther Lane in Emmonsville.

Scott McCord, 5807, Big Cynthia Road, Evansville, Indiana.

Um I'll let Mr.

McCord uh kind of explain how how uh we got here.

Um but I do want to establish that uh we did uh we did receive John Stool's blessing on this of the county engineer uh for the driveway.

Um that was something that we had to give before we even came before you.

So I just wanted to establish that we did uh obtain that, but um I'll let Mr.

McCord kind of touch a little bit on on how we got here.

Basically, I thought I was doing everything uh heard through my contractor who pulled the Scott.

Would you walk up to the microphone?

Just because we're recording.

Thank you.

Uh yes.

Uh I uh my builder pulled all the permits and things, and I did come up here and get the variance for the height of the building in front of y'all, and y'all approved it.

And I thought I was doing everything correctly.

I built buildings over in Kentucky, and I went through all these processes before with variances and and rezonings and things like that.

So I'm kind of familiar, but over here it's a little bit, it's a different scenario.

So I let the builder be involved, and basically I thought everything was fine until it wasn't evidently, about 95% of the building being done.

So, and the driveway, I had no clue about that.

I thought I could add on 24 foot, not have a problem at all.

I didn't I do not know all that over here.

I mean, it's an honest mistake.

Uh I'm trying to improve the property, which I feel like I have, and all my neighbors feel like I have, and I haven't had any complaints from anyone, and I'm trying to just improve values.

Uh the properties, the neighborhood, I guess you could say too, but the whole area.

And like I said, I've landscaped it all really nice and tried to make everything very nice.

So basically that's rover a hair, don't we?

And regarding the driveway with um, Mr.

McCord indicated to me that he was under the assumption that he could add 24 feet, not that 24 feet was the maximum you could have, period.

So that's actually why the nude part of the driveway was 23 feet wide to get us where we're at now.

He thought he was underneath the 24 foot rule when uh reality he was over it by a smidge.

Uh we do have a neighbor here in support, uh, if you'd like to come up.

We actually bumped into each other at the barbershop earlier on the way here.

Hello, my name's Jim Carnes.

I live at 5301 Sharmar, which is to Mr.

McCord's East.

Uh, our properties above against each other.

Right, behind.

So uh Mr.

McCord's made a lot of improvements since he's moved in about a year ago.

Um, his property's much nicer than it was before, and it's pretty nice before.

But uh one of the improvements is the pole barn.

It's uh a very nice pole barn, and I could live in that one probably.

But anyway, um, you can't.

No, I can't.

Yeah, right.

And the other would be his driveway.

Um it's nicer and wider than the one that was there before.

And if you're familiar with 65 in Sharmar, there's quite a bit of traffic that moves through there, so I don't know what the exact requirements are, but it's a little bit wider than one was there, which in my opinion should enhance the flow of traffic uh off of 65 on to Sharmar and vice versa.

And when he's when his family's getting their vehicles in there on their property, it would make it safer, actually.

Because it makes it easier to get in their property and off the uh thoroughfare.

But it's all very nice.

And as you mentioned before, I think everybody's properties values are up a little bit since he moved in.

So, and as far as I know, there's no one in the neighborhood that's upset or displeased with it.

It's quite an improvement for the neighborhood, really.

I have a question for staff.

This this came to us, my notes say there were multiple complaints regarding the setback in the driveway.

Tell us what what it I mean.

Because I hear them say no complaints, but we I have gotten a call regarding complaint, but of course, they would like to remain anonymous, of course.

Um but yes, uh, we know the driveway.

We have no re I don't have a record of it being approved by John Stoll.

I'm not saying that that's an accurate, so um, but here nor there.

That's how that you know came before.

So I know the drawing drawing originally had shown the building being 35 feet off the right of way, and now it's you know basically 10 or 11 feet, so I think there may have been concerns for the building being so close to the uh roadway.

Um but other than that, that's that's all.

So Matt, you said that John you have John's blessing.

I do, I have it via each.

Morgan should have a copy of that because before I was even able to file the variants, I had to have that, which is why we missed uh I shouldn't say miss.

We weren't able to file for last month's meeting.

Because of that.

I received it like the next day, I believe.

I was just saying I hadn't seen it.

I'm not denying denying that you didn't get one.

So he actually sent it twice because the first one I forwarded, and then uh a member of staff said they needed an email from him directly.

So uh he sent an email directly, so okay.

I think they're over there looking for it.

Um questions for the petitioner.

Um the remonstrator, you can sit down now.

Thank you very much.

Okay.

I'm pretty sure I'd help deliver a gun safe out to your house.

Ironically enough, I said, Yeah, yeah, that's what I was thinking.

I was like, why does this layout look so familiar?

It's a pretty steep driveway, and so getting out of it, getting out of it was a little bit just awkward trying to maneuver.

There was a landscaping truck or something there as well at the time.

And so having that additional width I think would help.

And I've got a big boat and a big camper, and I'm gonna have to go off 65 and back it in to stop traffic.

That's the only way I could.

If I now I won't have to with how I've done it.

Just discussion.

Yeah.

Well, uh I think Morgan's got do you have the email from John?

This is the original, but it's what's he saying?

Um John's still doing well.

Okay.

I don't have any objections to the variance for this drive.

Can I read that in the background?

Yes.

Um I have an email dated April 9th, 2026 from John Stoll to Matt Lehman saying he does not have any objections to the variance for this driveway.

So your contractor didn't pay any attention to what was approved, or not much attention to what was approved before, and you just let him run with it.

I don't I don't know, I didn't understand.

Well, I'd have to know what to do.

He he's he's a contractor, he pulls a permit.

It's to me it's his responsibility to do it correctly, is what I would assume.

That's how it is when I built him in Kentucky before.

So in Indiana, it's your responsibility.

Oh, I mean it it is.

I mean, many times people come up here and say, Oh, I didn't know, I didn't know.

So it's just like if you get stopped for speeding, you didn't know the speed limit, but he's still probably gonna give you a ticket.

No, I didn't know.

I just thought everything was with the variance we got and the the permit being pulled and it being approved that I thought everything was fine.

Okay, any more discussion.

I just have a quick question.

So the approved um site plan shows 35 feet from the I don't know exactly what it is.

I guess from the property line or whatever in your own.

Like a size, side yard setback.

It's side yard set back, I guess.

It's from the property line from the child bar land.

Yeah, okay.

Um, is there a reason you put it closer or he put it closer?

Did you want it that close?

I just how it was the pad was built is how they did it.

That's I I didn't like I said, I've just for the size of the building, we and how it was and everything.

I didn't I mean just trying to make it look more like the concrete all the flow and everything, I guess is how I we were trying to make it I guess uh how I'll say this, not so much like a pole barn.

If you'd see the property now with all the landscape and the walls built around it, it looks like a home almost.

It's very and I did if you push them so far back, it look it just to me, it just doesn't look as well.

I wanted to all flow together where I can make everything look nicer.

That's kind of why I did like I did, you know.

And oh, oh, oh, another thing too, I forgot.

My septic is right there within so many feet of I had just that's why I had to push it as far that I did to the right towards the road as I could because my septic and my laterals were going in that area.

So I I forgot about that.

I'm so sorry.

There's a lot of things.

So Mr.

Mr.

Zayn is talking about the side yard setback.

Your septic's not in your side yard, is it?

It's right there beside the build uh by the basketball goal, right?

If you can't see the basketball goal, but that's why you had to push it closer.

So okay.

And if I may, whenever I first looked at the site plan, because I thought how how did this get built here?

Um the s the site plan that was submitted uh for his for the building, um doesn't have setbacks shown.

Like there's there's quite a few things on here that it doesn't have that it needs to have.

So I think the confusion came, they showed this thirty-five feet, which some thought were the setbacks, they took that as being from the road.

So if you look at where the where the barn is to where the road edge is, um, I believe it comes up to be pretty close to three.

Instead of the property line.

Yeah, and so it showed because it shows the driveway um at 23 right there.

That looks like it's sitting on the sub bag.

Um so it's he didn't draw the site plan.

Um, and it w there's just I don't know.

When I first saw it, I kinda went like a few different directions on on how this could have been done.

As far as the building location.

Hey Matt, I did talk to our employee who worked specifically with the person who came up to get the permit there and they did make sure that they totally understood that that 35 feet would come from the property line and not from center line of the road the edge of payment or anything else.

So I did go through that with them and they did specifically tell the person who came to get the permit that they were supposed to build it 35 foot from the property line.

So I just want to make sure that's clear because we did want to clear that up so I'm I studied this on Tuesday.

So the variance had I know you're just here for two variances the driveway and the structure is taller but it's still gotta go back to there's like five things that were approved and those same five things didn't get built that way it seems like a lot.

Yeah I had no I had no involvement with the construction of this you always get it when it becomes a problem.

It's it's a good thing I don't have hair left because it would it would go away pretty quickly if I did but yeah I wasn't involved in the construction of this I know um Mr.

McCord um obviously detoured to his builder quite a bit on this and people when I first meet with clients I mean there's some folks that that BS a little bit um I I truly believe Mr.

McCord however you want to take it was just plum confused on this one no offense but um yeah there was there was a lot of like he didn't understand and we and and I'm not saying that it wasn't explained to him it definitely could have been and probably was but I could tell you there was a lot of um I don't mention the mean way but I just think there's a lot of uh ignorance and he was just relying on his contractor in this instance well nevertheless the buildings built and the driveways in yeah so and he's not trying to cheat the system he can he came in to get a variance the first time if he's trying to cheat the system he would have just built the building the first time and said you know yeah yeah but okay do we have any other questions for them all right so even though the site plan wasn't followed exactly you're only here today for two variants requires the height and the driveway so I'm gonna get back and focus on that any more discussion on that if not do I have a motion for approval.

I'll move approval second okay we'll call please Mr.

Rudolph yes Mr Shatler yes Mr Zayner.

Yes.

Miss Cosha yes Ms.

Payne.

Yes five yeses and zero no thank you welcome thank you welcome all right next up is docket number V A R-2026-034 717 and 721 through 723 West Franklin Street Shireen Real Estate LLC represented by our layman and son consulting applicant request relaxation of the minimum required number of parking spaces from 21 to 15 and relaxation of the interior parking area green space requirements from one island to zero islands to allow a change of use, repurposing a vacant commercial retail building for 15 new residential apartment units.

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 to help you God I do.

Thank you.

Matt Lehman, R.

Lehman and Sun Consulting, 8522 Astral Lane in Evansville.

Um very exciting project here.

Um I know we're asking for a variance for a uh for an island.

Um however we are adding um in caps if you have the site drawing in front of you there.

It should have been a part of your packet.

Um so there's gonna be a lot of nice landscaping added around our paved parking areas.

Um if you're looking on the site plan, there's an area there that's got some um it's not etching, it's more dots.

Uh that's part of a part of the structure there that's gonna be coming out coming off of the building, so that part will be raised so that we can include um our parking right there.

Um, per the city engineer.

Uh we ran this past them, they're excited about it.

We're turning the alley into a a one-way uh right there, uh, to allow for safe travel.

Um and I did talk to uh he called me while I was driving on the way here.

I believe he owns the, I think he owns the apartment complex behind um this building.

Um, but anyway, he just wanted to make sure we weren't closing asking to vacate the alley, which we're not.

Um that may have been a part of the discussion originally, but we're not wanting to do that at all.

Um so the alley is going to be enhanced again, it's gonna all be paved.

Um, gonna have a lot of nice landscaping around there.

It's gonna meet a lot of our community needs with uh with providing housing, uh, you know, this will be directed towards Barry employees that way they can just walk right across the street to go to work.

Um that's gonna be a really nice uh project when it gets done.

Um from a from a parking stall standpoint um we're having to ask for that reduction just because we don't have enough enough space on the property to get um all I believe it was 21, yeah.

So um, sorry, I was looking at something on here with Ron.

Um are there two in caps that are gonna be have green space?

I see one that's got a tree in it, so I wasn't sure about the other one.

Yep, so we're adding our that one.

There's a green, there's an in-cap.

Uh there's actually technically three.

One, yeah.

There's one by the uh building on the north side.

There's one, I believe there's a telephone pole there, which is so that's gonna double to kind of protect that pole.

Uh, and then the other one with the tree uh is along Franklin Street right there.

Okay, so you're trading at a landscape island for three end caps.

More or less, yeah.

I think I'm not sure if by the typical country.

But they're gonna be green.

Oh, yeah, they'll be landscaped.

Okay.

Okay.

So just so you know the three end caps are required by code.

Oh, I didn't know that.

So you know.

Um, Matt, I thought you were just doing throwing that in there.

Well, it's but it's all good, so uh, we're not asking for a variance to get out of doing any of those, because we probably could have on the middle one, but we're not.

We're choosing to put those on.

We want to put those in.

Um, and I th I believe Ron correct me if I'm wrong, but 15 requires that island.

So we're right at the minimum requirement to install an island.

Yeah.

So we could put an island in, but then we're gonna have to be down to 14 stalls.

So, I'm gonna correct your 15 apartments and 15 parking spaces.

I believe that is uh yes, I believe that is correct.

10 and we've got 10 one bedrooms and five twos.

So, yes, 10 one-bedroom apartments and five two bedrooms apart, five two-bedroom apartments.

Yes.

Okay, is the um, you know, there's a lot of parking around there, and I'm sure that's for Barry, but um you know if these people would have the opportunity to park at Barry's.

Yep, perhaps if they're a uh Barry employee.

I mean if I can't speak on behalf of Barry, and I'm sure Dirk would appreciate me not doing that.

Um I would say if they're an employee, I mean I doubt Barry would oppose that, but again, I cannot suggest or affirm that in any way, shape, or form.

Um, but again, these apartments are I mean they're open for everybody, but they're they're kind of target audiences, very employees, yeah.

Just so they can conveniently walk right across.

There's a crosswalk, uh, you know, 40 feet from their uh door, so they can safely cross if they need to or just walk across the street itself.

That building's been vacant for a while, hasn't it?

For a while, yeah.

Yeah.

Okay.

Well, I'm all for infill, and I appreciate that it, you know, sometimes you're putting a square peg in a round hole.

Um, so I don't have a problem with this.

Thank you.

Any other comments?

There was a guy in the back.

Do we have a month?

Okay.

Um you can come back.

Uh good evening.

Brian Hutchinson, uh, Melmar Properties 1524 Kimber Lane in Evansville, Indiana.

We own 301 to 315 First Avenue, which is due west of the subject site.

Yeah, right there.

Uh I think it's great that that parcel behind us, watching it over the years kind of almost get something going.

Is got maybe a little bit of traction, but I do have some concerns.

Not so much about part one of the variants regarding the landscape island, but the reduction from 21 to 15.

Um, the apartment complex to the north, uh, and just the general parking in the area, Barry's lots are fenced off, and so they're not accessible to the public.

There's a strong possibility that many of the tenants, whether it's 15 apartments with one car a piece or two cars apiece, start to tap the parking for the strip center or the retail center to the west for their parking needs, which it creates a problem for our tenants and their customers and then leads to vehicles being towed, etc.

etc.

We've encountered this to a point with the apartments to the north, but adding more units to the south could start to create a parking issue in that area because I don't really know of many other places that they would go without having to walk very far, and our parcel would look quite nice.

Um I think overall the site layout, you know, eliminating that that structure hanging off the side, adding the parking.

I just now heard about changing the alley to a one-way, which it's utilized that way anyway.

Very few people turn off of Franklin to go north.

It's normally the other direction.

I don't know where the dumpster is gonna go or if they're gonna have individual bin refuse or an actual dumpster pad for the new units if they get built.

But we do have some concern about that many potential cars with that few of parking spaces then overflowing onto our parcel.

So that's why I'm here.

So you own that um 301.

So the commercials there, yeah.

I have 301 and 315.

Are those businesses that are in there, are they open at night?

Are they just like nine, eight, five hours?

You know, uh the barbershop is open at night.

Uh the deli, you know, stays open later.

Deaconess clinic at the north end.

Um, I would imagine they close, you know, probably about six, seven o'clock after various employees on the main shifts are gone, but they open the next morning at I think eight when their staff starts to arrive, probably about seven.

Um the end cap we're in negotiations with right now.

That would be if it comes to a fruition, you know, more open hours than just a straight nine to five.

So you know it's tough, right?

I like to see somebody going out there and improving that building.

I you know, I know the previous owner of that building and what his dream was for it toward the end before you know things changed for him, but at the same time, you know, I can kind of see after doing this for 30 years how I'll be getting calls from tenants about hey, there's still this car here, and they're parked right in front of my front door.

And I know they just they parked, they walked around, and uh went to their apartment.

They may not be coming out anytime soon.

Then I have to call a record.

We do post signs, you know, saying, hey, you know, this is for our our customers and our tenants only.

Please be respectful.

But that's why I'm here today.

So can you park on Michigan?

Pardon me.

I can the people in these apartments park on Michigan.

That might be a question for Matt.

No.

I believe so, but I don't know if the on street parking stops at the alleyway or if it continues all the way to First Avenue.

I personally don't know.

Okay.

There's the off chance because this is on a bus route.

If these aren't a bury employees, that maybe even the one bedrooms, they wouldn't even have a vehicle.

Uh and would rely on the bus.

But then there's also the chance that they may have two.

It's possible, yeah.

I looked at the apartment count and the one versus two bedroom, you know, it still could go anywhere from you know, one par one car per unit or two if you know there's one and a half space.

They're going separate directions during the day, but they only need one bedroom.

So it's it's hard to gauge.

You know, the the landscape island, you know, that's that's fine.

He's obviously, you know, going to improve the look of the entire parcel all the way around.

But going from 21 to 15, that's starting to feel real tight.

And we've seen this before.

So that's that's why I decided to come and talk with you today.

Any any questions for the monstrator.

Okay, Matt, you want to come back?

You can have a seat, thank you.

Thank you, Brian.

Uh Matt, do you want to talk about that just for a second before we take a vote?

Yeah, definitely appreciate um his concern.

And Melmar does a fabulous uh job with their properties.

I will say that too.

Um frequent that deli often actually.

Um yeah, so and we completely we know going 21 to 15 is obviously a jump in six vehicles, um, and I would say that that my client would make it widely known to his tenants not to not to park there.

Uh and I would say that there's there's these, yes, will be apartments, but I think the um occupants of these apartments, um how do I say this, might be more respectful of rules versus or I shouldn't say rules, um request from the landlord than the ones to the north, if I can if that makes any sense.

Um ours will definitely be closely monitored.

Um everything that our client has done in this in this town has uh been trends on the higher end of things.

Um so for him just to you know get a variance and just kind of let it go and not worry about you know something that uh could potentially negatively affect someone else.

I don't I don't see that that happening.

Um we do a lot of work with this client uh he's invested a lot in the community, and um if he was of that nature, we wouldn't uh work with him.

So any time that there's a request uh like this, we'll make it, you know, make it vastly known.

Like, hey, somebody moves in and just tell them like they can't park there.

Um I know it's a pain uh having rental property myself uh, but yeah, if if there's somebody parked there that shouldn't be, by all means, I mean, tow it.

Um I've got our two main uh tow truck services on uh set as my favorites uh when that happens for us.

But um, yeah, and you know it I I wish it were as simple as you know, we can just reduce the the beds and make the you know have less units to not require as many parking stalls, but when we do that, our clients investing a pretty significant amount of funds into this project.

Um and when you lose bedrooms, you you lose uh potential income, and then you gotta be really careful because you start you start trending to you know what makes sense financially uh to invest in that.

Um, so that's kind of we really need to be able to hit this mark with this number of bedrooms to make it financially feasible for our client to to move forward with it.

You'd have to have substantially less than 15 apartments to meet coat on this.

'Cause we would we discussed that in the beginning and yeah at that point it's it's not it's not something he's able to to do.

Okay.

Hey Joel, can you zoom in a little bit on that apartment complex behind the the one in question?

I I just have a thought.

Um what what about striping the people behind you if you got their permission?

I mean, this looks like roll uh you know, demolition derby the way these cars are parked.

I just can't believe there aren't enough parking spaces if they would just bother line them.

I mean I I could definitely run that past our our client and if that's I mean he's gonna he's gonna have to stripe his anyway.

That's what I'm thinking.

It looks like it.

Mike, I'll be honest, I don't know.

Um that right there appears to be gravel.

Yeah.

Do you know what the price range they're gonna be renting departments for?

I don't um I thought about that when I was sitting out there um because I like to I like to provide you guys at least a ballpark, and I honestly don't.

But do you think market rate for that area?

Yeah, I mean they're they're gonna be going to be affordable, but again they're they're going to be you know trending towards the the higher the higher end.

Uh they're not gonna be um I don't want to speak out of place here because I'm not the the owner here, but um they're gonna be trending on the higher end of of things.

Thank you.

I mean it appears that there's parking on Michigan.

I believe Michigan.

Those cars look like they're parked, either that or one of them severely going the wrong way.

Yeah, I believe that there is on street parking on on Michigan.

On both sides, I believe.

There's not on Franklin, but I think Michigan is getting redone right now by Barry.

Uh they're improving that.

They're gonna put in a cult sack and they're closing down one of the roads there, and I believe that they're improving that up and down the the road there.

So my guess is is that you would have parking that you would be able to do on both sides of the street, but um I know that area is being updated right now as we speak.

That green space that you see there on the uh left hand uh on the left hand side where Joe's pointing, that's all now gonna be uh Barry parking, but they're gonna come in, they're gonna put in a lot of landscaping and trees and things to upgrade that entire facility there, and then where Joe's pointing with the cursor there, they're actually gonna put in a cul-de-sac.

So um that will be closed off and it'll be uh uh you know overall, uh uh I guess you could say a community build for their parking area to make it look a lot nicer there.

So just wanted to let you know that.

Sorry, but the average.

Any more questions for a petitioner?

Didn't I ask for a remonstrators?

I don't think are there any remonstrators on this one?

Yeah, you had the guy come up for the mark.

I know that you got you did.

Sorry about that.

You went with a shop guy.

I was just so caught into all this parking on the streets and stuff.

Okay.

Um, there's no way to delay them on the see if you get something better than how.

I mean has Barry been in on this at all.

Me too.

But I think it's gonna be natural that somebody's gonna put your rule and then five problems.

Yeah, I don't I don't know how much how much communication our client has had with Barry, if any, on this.

Um we're actually already a month um behind on this uh getting in here.

Uh we had to tweak some things on the the building layout uh in our site plan to get where we are now.

Um, we use and bring some days of range.

Things were only that that simple.

Um, so Matt, um, kind of following up on what Mike's talking about.

If it's very clear there's 15 apartments and 15 parking spaces, a two-bedroom apartment needs one and a half parking spots, which is how we came up with that number.

It would have to be very clear.

You can tell your client this that they, I mean, I don't know what his lease looks like, that there is one parking spot per apartment.

I mean, that's it has to be like that.

You know, it's 15 apartments and 15 parking spots.

Would they be willing to do like numbered and permitted parking?

I think so.

Yeah, that's what you think each unit would be happy with.

Yeah, each unit is directly assigned to to that particular space unit that space.

Yeah, yeah.

We we could condition it.

We could condition approval on him doing that.

That's a good idea.

That way it's very clear where your parking spot is so that we don't have people parking in in his lot.

Would we want to condition that today?

Does you need to go talk to your client?

No, we we should condition it if we approve it today.

The problem would come, somebody somebody in their partner has a second field.

They gotta have to park it on Michigan or something.

Well, but there may be people that don't have a vehicle at all.

Yeah, that's what I was saying.

I mean, it's on a bus.

It is on a very active bus route.

I think you are marketing this for people who are probably going to work at some of these people are probably gonna work at Barrie, so they're gonna walk across the street.

They again they may have a car, but um there may be some apartments that may not either.

So, okay.

Somebody want to make a motion, and do you if you make a motion, do you want to condition it on uh Tommy's idea of marking and permitting each spot so it's clear to the apartment tenant?

And visitors, and vis well, vis you.

They're gonna have to park on Michigan or something, all righty.

I mean, that's probably as much as what Melmar is worried about.

Is you know, three of these, three of these spaces that you're eliminating are are for visitors because we have no visitor parking.

Or, yeah, I mean it.

I guess you'd have uh di two dedicated spaces or something.

I don't know how you do that.

Are you are you gonna have visitor parking?

Um our plan is to not I mean our plan is to have yeah, we've got one per those, yeah.

One per, then that's that's okay.

Okay.

Somebody want to make a motion conditioning Tom.

Sure.

I make a motion to approve VAR 2026-034 with the condition that the spaces are numbered and assigned to specific um units and are by permit.

No second.

Mr.

Shetler?

Yes.

Wait a minute.

Can we get a did somebody say second?

Did you second it?

I thought we we were thinking you seconded it.

Oh, I don't I don't think I did.

It's calling for a second.

Okay, I will say that.

Yes, okay.

Sorry, it was only for the record.

Sorry, Morgan.

Mr.

Zayner.

Yes.

Ms.

Kasha, yes.

Mr.

Rudolph.

I don't like it, and I would urge uh Mel Marr to stay right on top of the thing.

And relay the servers that has about barking.

That code is all over yes.

Ms.

Payne.

Yes.

We must have missed somebody because I only have four.

Oh, I guess I Becky.

I'm sorry.

You need to call call Becky.

Okay, thank you.

Okay, that's five yes and zero no.

So the variance is um approved.

Thank you.

Have a good day.

All right.

Next up is docket number V A R-2026-035-7920 Newburgh Road.

Christopher Kiefer, represented by Ryan Sirmersheim.

Applicant request relaxation of the zoning code to allow accessory structures to be larger in square footage than the main structure of the residents for construction of a new 2600 square foot pole barn.

Total accessory structures will increase to 3,006 square feet, exceeding the size of the residents by approximately 850 square feet.

All right, 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?

So hope you got it just in time.

Chris Kiefer, 7920 Newburgh Road.

So this one's pretty simple.

He's got all that yard and property and a small house.

And he wants a big fancy pole barn.

On Newburgh Road.

So I have a question.

Chris, you can't you won't be able to see it from the street even, right?

No.

No, really.

The house is taller than any of that.

It's gonna be bonded.

So you wouldn't be able to see it from the road.

And for personal use only?

Correct.

Okay.

Okay.

I was so well.

We did have one of the uh adjoiners that actually wrote wrote on the letter and mailed it back to him that said I approve.

I've never seen that happen before.

Is that red share in the back of yours?

It is, yes.

Are you gonna leave that up?

The red shed was going to stay as of right now, yes.

Okay.

And then the other thing I brought up was uh uh the picture of the proposed rendering.

Uh, it's huge.

Is it is it gonna be that big or the way it appears on the paper, and uh are you planning on having a kitchen or a bedroom or something in there?

I'll let you speak to that.

Cannot have a kitchen.

No, this is just for just general use, like kids playing out in there, general storage, um a 40 by 60 is it's a bigger barn, but it's not some monstrous thing.

Uh there's a lot of other barns throughout that neighborhood that are very similar in size.

They're almost through the size of this room.

Maybe probably I haven't measured it.

Yeah, I don't know, I don't have that on me.

No complaints from neighbors with you uh no so for all the neighborhoods that are directly behind and the sides have both came out, talked with me, said they have no issues with it.

And the one that wrote the letter was actually the one where it would be this is the barn would be on this side, which would be the one that's so that one wrote the letter and delivered it back.

Chris, where are you?

Um, sorry, I couldn't read it.

In relation to Plaza Drive, where Plaza denons into Newburgh Road.

I'm trying to picture where the 7900 block of Newburgh Road is.

Well, here's two of you quick.

I know that's what I was looking at.

Where's Vicoi?

Right here.

So Plaza is way in this way.

Right here.

Okay.

Okay, the other way.

Okay, yeah, because I see um, yeah.

Here are the condos.

Okay, got it.

Okay.

Any other questions?

Are there any remonstrators for this?

Seeing none, do I hear a motion?

Motion to approve.

Call the roll, please.

Mr.

Zayner.

Yes.

Ms.

Kasha, yes.

Mr.

Rudolph, yes, Mr.

Shatler.

Yes.

Ms.

Payne.

Yes.

Yeah, five yeses and zero no.

So request is approved.

Thank you.

Thank you.

All right, next up is docket number V A R-2026-036-5230 North First Avenue, CNS Incorporated, represented by custom sign and engineering.

Applicant requests relaxation of the maximum allowed number of on premise signs from three to five to allow new and updated signage for an existing gas station.

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 so up?

I do.

Thank you.

Scott Elper's 5344 Van Road Newberg.

The need for this variance arises because of updating to the new marathon image, and also the new Circle S image.

Previously they were allowed six signs because they're on a corner street front, but zoning, not the zoning, but the code changed, so we're only allowed three now.

Um so basically sign for sign, new sign for old sign.

This is the same package that we did at Red Bank Road recently.

Pretty much every filling station will probably require a variance from this point forward.

Well, we spoke about the excuse me in our meetings because you have a convenience store chain that wants their image, and you have a filling station, the brand marathon, shale, whatever that wants their image, and it's always gonna be there.

And especially because most filling stations are on corner lots as well.

So, and those are branding standards, aren't they?

Yes, they are.

There's two painted signs.

I think you could say, are you tracing those with uh name like they are the option to go here?

Uh those the new uh branding standard has logos instead of the word marks.

Now there is a word mark as well on this canopy, but uh on the ends of the canopies there's just marathon small logos, um they're like three foot by four foot, they're very small.

You can see them right there.

Show the marathon.

There you go.

So up to the yeah, or so it says marathon, that appeared to me to be paid.

Those are one of them is actually channel letters, the other two are decals, is what they are.

Same same thing.

Okay, so tell me, are those going to be changed in fashion?

They are, yes.

Uh if you look right here, uh see the little M, the marathon local itself.

So those old ones are going away, and then they're gonna put those small logos in her spot.

So they're smaller than what they were, but they are illuminated now.

So the word marathons going away, it's just gonna be an M.

That's correct.

In two instances, except for the two on the canopy.

Yes, the other B and C.

If you look at D, that is actually illuminated letters as well.

That's gonna be a word.

Correct.

Yeah, I was talking about B and C.

Sorry, yeah.

Yeah, so when you look at that, that blue.

I don't know if you've seen the new marathon image, it's it's got a halo, it's an indirect light that comes down from the top and puts a blue cast on the blue band down through it.

It looks amazing, it really does.

I heard I think I read and then also heard from you a little bit of a red flag on the branding stuff.

Uh, are you seeing trends for companies that are gonna build new or not paying this thing?

We're gonna come in and say we want this form to change things around because our franchise uh is requiring that.

Are we gonna be subscribed for that?

No, um, but what I will say is is that when you look at not only filling stations, but let's say auto dealerships.

Now currently, auto dealerships are allowed three signs.

Will you let's just use D Patrick, for instance?

They're gonna want to know that it's a D Patrick, but you're also gonna want to know the brands that they sell.

If they sell more than two brands, it's gonna require a variance.

There's no way around it.

Um, and those are standards because you wouldn't want D.

Patrick not to be on there, and you wouldn't want to sell a Ford without Ford being on there.

You wouldn't know that they sell Ford, and other than to see them in the well, would Ford let them without a sign?

No.

Yeah, that's what I thought.

And you can't sell marathon branded fuel without a marathon, you know what I'm saying, without marathon signage.

And you can't, you've got to have your brand, people have followings.

You have member discounts, things like that, Thornton's, uh Circle S, Hux, whatever.

They want their signage on there as well.

I'm sorry.

Well, we were we were talking about the same thing that you are asking.

Uh, sometimes I feel like our hands are tied on some of this branding stuff because it's either either approve the you know the variance request or they can't carry Volvo, you know, whatever.

So almost it's almost like the brands are dictating to the zoning board what they're going to do with signage.

I was just having that discussion.

The brands typically, just for my experience, they do make um I've had limited experience in this, but they will make exceptions.

I mean, that's one of the common things with hotel buyouts and sellouts, which I've been minorly involved in, is that they'll get a new buyer, and because the previous, you know, owner was being forced to do the remodel to keep whatever level of brand it is, then they'll sell it in the middle of the remodel, and then say then the new owner will say, Oh, well, we're gonna switch brands unless you let us keep it as is for the next five years.

So there is some negotiation back and forth, and also we did deal with this with uh Dollar General on uh St.

Joe.

They were because the remember the guy was like, well, this is just the standard store.

They don't make a different store, this is just the store or the parking spaces.

There's a dollar general there now.

Yeah, there is one there now.

Because they ended up Dollar General said, Well, we want to store there bad enough.

We'll change our plans and make one that'll fit.

That didn't require them to come before us, yeah.

And sizes can be determined and changed, obviously.

I mean, um, one of the things we always say when we start a everybody says we want a sign standard.

There is no such thing as a sign standard because different ordinances dictate different things, and there's no doubt we do change sizes normally, but I've never seen a Ford dealership without a Ford sign.

And you're you know, when you look at all the brands that everyone sells, they've got to be on there.

I mean, you just it simply has to be on there.

My concern is not the branding per se, size, don't listen to the hooks.

Sure.

I was out of hooks.

I saved all that because it was real complex.

Huh?

Mention Max.

Yeah, it was so complicated.

Correct, yes.

And we scaled that one back considerably.

Yep.

And people still recognize that business.

The the thing that we'll say about we run into considerably with uh let's say a hucks.

Huck sells there's Noble Romans Pizza, there's Godfather's pizza, there's all this.

They want to they want you to know what's there because those brands have a following as well, just like Ford.

So that's where we run into problems with those.

So, how did McDonald's get by with just putting those golden arches and that was all?

These other other places are everybody wants their name up there now.

I mean, I that's a rhetorical question.

I'm just making conversation.

Okay, do we have any more uh any remonstrators on this petition?

I see none.

Do we have a motion, please?

Second.

Ms.

Kasha?

Yes.

Mr.

Rudolph?

Yes, Mr.

Shetler?

Yes, Mr.

Zayner.

Yes, Miss Payne.

Yes.

Five yes, and zero no, and um variance passes.

Thank you.

All right.

Last but not least, docket number V A R-2026-037 4645 Keebler Road, Jeffrey West, represented by Ryan Sermersheim.

Applicant requests relaxation of the zoning code to allow accessory structures to be larger in square footage in the main structure of the residents for construction of a new 1200 square foot pole barn and 520 520 square foot carport.

Total accessory structures will increase to 1,720 square feet, exceeding the size of the residents by approximately 502 square feet.

All right.

Well, everyone who's here to speak on this petition for it or against all of you.

Every one of you, please raise your right hand.

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

So I'll be God.

Yes.

Sorry, I can't resist saying that.

Ryan Summershime, 815, Hartford Court.

Jeffrey West, 4635, Caleb Road, Evansville, Indiana.

I promise this is the last pole barn for the day.

It is, yes.

And you don't want any signs.

So no signs.

So this one's pretty straightforward.

There's a small existing garage.

He wants to tear it down, build a bigger pole barn behind it, and then put a little carport in front of it on the existing garage pad.

This question's for staff because I I should have done the math.

The exceeding by 502 square feet takes into consideration that the detached garage is coming down four and sixty-eight.

Is that right?

Okay, and you understand that it kinda has to be toward okay.

It's about to come down now.

It's gonna come down on its own.

If it was gonna come down, I was just gonna say if it's gonna come down, it would have came down last night during the storm.

Okay.

Any questions for petitioner?

Any remonstrators?

A motion?

Motion to approve.

Second.

Mr.

Rudolph?

Yes, Mr.

Shetler.

Yes.

Mr.

Zayner.

Yes.

Ms.

Kasha?

Yes.

Ms.

Payne.

Yes.

Five yes, zero no, and petition passes.

Thank you.

If that passes, what is it?

What am I supposed to say?

You told me this the last time.

Is it proved?

It's approved.

Is it okay when I say passes?

Sure.

Okay.

Yeah.

Cassie didn't put down that note.

The record the record knows what you mean.

Do I?

Morgan say this one pretty awkward encounter.

Do you have a video?

You can shut down the media.

Yeah.

Oh, do I?

He's asking if you want to shut down the meeting.

Yes.

Meeting is adjourned.

Meeting is adjourned.

One guy, the number two, hunting.

Yeah.

He just walked in in the middle and Morgan went over and was like, yeah, I'd say no.

Yeah, I didn't.

Yeah, Doug told me.

I shouldn't do that.

I didn't see it.

He seemed like he understood, right?

Oh, yeah.

I don't want him to have the center of the rest of the way.

I wasn't at all.

I only have asked calling your name.

Yeah, I don't see what's going on in the high page.