Evansville Board of Zoning Appeals Meeting - August 20, 2026

The Board of Zoning Appeals met on August 20, 2026, at 2:42 PM in the Civic Center Complex to consider a variety of variance requests, including zoning setbacks, parking reductions, signage, and fencing. The meeting included a preliminary discussion of a future battery energy storage system project and a contentious denial of a gravel parking variance. A total of 13 docket items were addressed, with one continued to the September 17, 2026 meeting.

Consent Calendar

• Approval of Minutes: The minutes of the July 2026 meeting were approved unanimously (5-0).

Public Comments & Testimony

• VAR-2026-046 (Hammer Property Group): Two neighborhood association representatives, Shona Jarbo (president, Bellmead Baird Park Neighborhood Association) and Angie Bullock (chair, neighborhood task force), testified against the gravel parking variance. They cited numerous police runs, noise complaints, illegal parties, safety issues, and a history of code violations. They argued the gravel lot encourages nuisance activity and is unsuitable for elderly residents. The petitioner’s attorney, Nick Herman, argued the variance pertained only to the parking surface and not the tenant’s behavior, and that a permanent variance would help sell the property to a beneficial business.
• VAR-2026-049 (Austin Graber): Annelisa Johnson, a neighbor across Dogwood Drive, expressed concerns about an 8-foot fence blocking visibility and affecting property values. She said she would be okay with a 6-foot fence set back further from the road.
• VAR-2026-044 (Rathbone Apartments): Jim Keck, a neighbor at 1317 SE 2nd Street, asked whether the apartment building was at full capacity, fearing overflow parking on the street. The petitioner’s attorney later confirmed the building was at full capacity.

Discussion Items

• Preliminary Matter – BESS Project (RWE): Attorney Reed Schmidt requested 30 minutes for a future presentation on a battery energy storage system project (40.88 acres near East Baseline Road and I-69) scheduled for the September 17, 2026 meeting. The board discussed timing and procedure, deciding to defer the vote on extended time to the September meeting itself, consistent with past practice. The board expressed willingness to consider the request and noted the applicant would likely go last on the agenda.
• VAR-2026-030 (Seth Doerner): Request to reduce front yard setback from 25’ to 20’ along Ingle Ave and increase fence height from 3’ to 6’ on a corner lot. The petitioner, represented by Ace Construction, explained a small addition and existing fence. Approved unanimously (5-0).
• VAR-2026-044 (Rathbone Apartments): Request to reduce required parking from 87 spaces to 65 for an existing apartment building. The petitioner, Jim Morley, explained the gravel lot would be removed and turned to grass. After a neighbor’s question, the item was tabled briefly to confirm occupancy. The client confirmed full capacity. Approved unanimously (5-0).
• VAR-2026-045 (Qdoba): Request to increase number of on-premises signs from 2 to 5 for a multi-tenant building. Scott Elpers explained the need due to three street frontages. Approved unanimously (5-0).
• VAR-2026-046 (Hammer Property Group): Request to allow gravel parking permanently (fourth variance for this site). Extensive debate: the board noted $16,500 in unpaid fines, ongoing code violations, and a history of non-compliance. The petitioner argued the gravel lot had not caused documented problems, but the board found the applicant had not met the variance criteria, particularly regarding public health and welfare. Denied (0-5).
• VAR-2026-047 (Carol Gibson): Request to reduce parking required from 6 spaces to 0 for a 5-unit apartment building. The applicant’s son explained the property has always used street parking. Approved (4-0, one member absent? Actually roll call showed 4 yes – Ms. Kasha, Mr. Rudolph, Mr. Zayner, Mr. Petke – Ms. Payne not listed? The transcript shows four yes votes, but earlier quorum was 5. Likely Ms. Payne was present but not recorded? The summary should note the vote tally as given.) Approved with 4 yes and 0 no.
• VAR-2026-048 (Brenda Krbec): Request to reduce side yard setback from 5’ to 0’ and increase lot coverage from 30% to 32% for existing improvements. The petitioner had already removed a non-compliant shed and moved another. Approved unanimously (5-0).
• VAR-2026-049 (Austin Graber): Two requests: (1) allow an 8-foot fence in required side yard, and (2) allow a 45-foot wide driveway (code max 24’). The driveway portion was approved (5-0). The 8-foot fence was denied (1-4) after discussion that it would negatively affect neighboring property values and is not justified by privacy concerns alone.
• VAR-2026-050 (Evansville Toys & Games): Request to increase number of signs from 3 to 6 and total signage area from 500 sq ft to 1,015 sq ft for window signage. Approved with a condition that the additional signage applies only to the current tenant (5-0).
• VAR-2026-051 (Kaylea Gibson): Request to allow an accessory structure (1,200 sq ft pole barn) larger than the main residence (1,011 sq ft). The existing garage would be demolished. Approved unanimously (5-0).
• VAR-2026-052 (Randall Hart): Request to reduce front yard setback from 25’ to 12’ and allow a 6-foot fence (instead of 4’) along West Terrace Drive to replace an existing fence and relocate a shed. The applicant also raised an issue about an unpermitted driveway, which was not before the board. Approved unanimously (5-0).
• VAR-2026-053 (Benjamin Boring): Request to allow accessory structures to be taller and larger than the main residence (new 1,440 sq ft, 21.5 ft tall pole barn) and reduce side setback to 0’. The applicant explained he needed height for a boat and jet skis. Approved unanimously (5-0).
• VAR-2026-055 (SJIP, LLC): Request to relax the required 8-foot opaque fence for outdoor storage. The petitioner requested a continuance to the September 17, 2026 meeting because the property owner could not attend. The board granted the continuance (5-0).

Key Outcomes

• Approved with no opposition (5-0): VAR-2026-030, VAR-2026-044, VAR-2026-045, VAR-2026-048, VAR-2026-050, VAR-2026-051, VAR-2026-052, VAR-2026-053. Also VAR-2026-047 (4-0).
• Partially approved: VAR-2026-049 – driveway width approved (5-0), 8-foot fence denied (1-4).
• Denied: VAR-2026-046 (0-5).
• Continued: VAR-2026-041 (already continued to September 17, 2026) and VAR-2026-055 (continued to September 17, 2026).
• Next meeting: Scheduled for September 17, 2026, at 3:00 PM in room 301 of the Civic Center Complex. The board will also consider a request for extended presentation time for the RWE BESS project at that meeting.