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Record of Proceedings

Evansville Board of Zoning Appeals Meeting October 15, 2026: Special Use and Variance Votes

City Council — Thursday, October 15, 2026
BodyEvansville, Indiana
SessionCity Council
DateThursday, October 15, 2026
StatusFILED
Video Record
0:00 / 1:44:21

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:04

Hello.

Unassigned speaker

2:07

I think I might just stay on it.

Unassigned speaker

2:09

So the right stage.

Unassigned speaker

2:58

I know I'd like to say that's the same.

Unassigned speaker

4:30

Yes.

Speaker 2

5:59

Sorry.

Speaker 3

6:01

Okay, I'd like to call the October 15, 2026 meeting of the Board of Zoning Zoning Appeals to order.

6:07

Will the Secretary please call the role?

Unassigned speaker

6:12

Ms.

Speaker 4

6:12

Capill here.

Unassigned speaker

6:15

Ms.

Speaker 4

6:15

Kasha here.

6:17

Ms.

6:18

Payne here.

6:20

Mr.

6:20

Rudolph?

Speaker 5

6:21

Here.

Speaker 4

6:22

Mr.

6:22

Shetler.

6:25

Mr.

6:25

Zayner?

Speaker 3

6:26

Here.

Speaker 4

6:26

Mr.

6:27

Petie.

Speaker 3

6:28

I am here and show six voters and a quorum, so let's proceed.

6:33

Will the Secretary I'm sorry.

6:34

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

Speaker 6

6:38

So move.

Speaker 3

6:40

Second.

6:41

And will the Secretary please call the roll?

Unassigned speaker

6:48

Ms.

Speaker 4

6:48

Cavill, yes.

Unassigned speaker

6:50

Ms.

Speaker 4

6:51

Kasha, yes.

6:52

Ms.

6:52

Payne?

6:53

Yes.

6:54

Mr.

6:54

Rudolph?

Speaker 5

6:55

Yes.

Speaker 4

6:56

Mr.

6:56

Zahner?

Speaker 3

6:57

Yes.

Speaker 4

6:57

Mr.

6:58

Petke.

Speaker 3

6:59

I vote yes and show that please let the record show that the September memorandum is approved.

7:05

And now

Unassigned speaker

7:06

I

Speaker 3

7:06

hope we play a recording that describes how we proceed our meetings, please.

Speaker 2

7:10

Are you going to say the ones that are continued first?

Speaker 7

7:15

Okay.

Speaker 3

7:16

Don't trip me up,

Speaker 2

7:17

Joel.

Speaker 7

7:19

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

Unassigned speaker

7:24

The

Speaker 7

7:25

Board of Zoning Appeals is an appointed seven-member board established by state legislature.

7:30

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

7:38

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.

8:38

These minutes and files are public record

Unassigned speaker

8:40

and

Discussion Breakdown — Share of Meeting
Zoning Variance█████████████████████████████████████████████70%
Signage Regulations█████████14%
Procedural██████9%
Arts And Culture█2%
Transportation Safety█2%
Drainage Issues█1%
Housing█1%
Public Safety█1%
Summary of Proceedings

Evansville Board of Zoning Appeals Meeting – October 15, 2026

The Evansville Board of Zoning Appeals met on Thursday, October 15, 2026, at 2:37 p.m. in the Civic Center Complex. A quorum was established, the board approved the September meeting minutes, heard one special use petition, decided numerous variance requests, and handled other business. Two previously continued variance petitions were continued again to the November 19, 2026 meeting.

Opening and Administrative Items

  • The September memorandum of minutes was approved unanimously.
  • VAR-2026-067 (2200 N. Burkhardt Rd) and VAR-2026-080 (3526 Interstate Dr) were not heard and were continued to the November 19, 2026 meeting.
  • The next regular meeting will be Thursday, November 19, 2026, at 3:00 p.m. in Room 301 of the Civic Center Complex.

Special Use – SPU-2026-009 (5400 Lincoln Ave)

  • Igleheart Foundation Inc., represented by attorney Maria Bulkley, requested Special Use #24 for a private recreational facility to operate a nonprofit art gallery on a 3.28-acre site. The plan includes changing art exhibits, workshops, speakers, and canvas painting, plus improvements to an existing garage.
  • Bulkley said the site had been assembled by removing dilapidated houses, brought in over 2,000 triaxle loads of fill, installed an underground detention basin, and added sidewalks along Lincoln Avenue. Traffic on Lincoln Avenue would be right-in/right-out.
  • Staff told the board that parking would be 28 spaces for an event-center classification, 21 for a retail art gallery, or 17 for an auction gallery. The petitioner asked for a 28-space minimum because the site could accommodate it.
  • No remonstrators appeared. The board approved Special Use #24 with a minimum of 28 on-site parking spaces by a vote of 7 to 0.

Variance Requests

  • VAR-2026-058 – 1922 W. Indiana St (Evansville Historic Homes Inc.): Request to reduce rear yard greenspace from 5 ft to 0 ft and parking from 6 to 2 spaces to legalize a change of use to two multifamily dwellings with four units. No remonstrators. Approved 7 to 0.
  • VAR-2026-061 – 5800 Kansas Rd (American Tree Experts and Landscaping): Request to reduce the industrial setback abutting residential property from 20 ft to 0 ft along the side and rear property lines and to allow gravel parking in lieu of paved parking. The owner said he would comply with the 8-ft opaque fence requirement and no longer burn debris. No remonstrators. Approved 7 to 0.
  • VAR-2026-065 – 7201 Holly Dr (Margaret Shadduck): Request to reduce required road frontage from 20 ft to 15 ft to allow parcelization and construction of a second single-family residence for the owner's autistic son. A surveyor said the frontage had been in place for 50 to 60 years, a new septic system had been designed and reviewed by the State Health Department, and drainage was adequate. No remonstrators. Approved 7 to 0.
  • VAR-2026-069 – 6515 & 6519 Happel Rd (Daryl & Terri Wheat): Request to allow a new 2,760 sq ft, 22-ft-tall pole barn to exceed the residence height by 5 ft. Personal use; neighbors did not object. No remonstrators. Approved 7 to 0.
  • VAR-2026-070 – 917 S. St. James Blvd (David Armstrong): Request to increase maximum lot coverage from 30% to 35% for a new 80 sq ft shed. Personal use. No remonstrators. Approved 7 to 0.
  • VAR-2026-071 – 11800 Seib Rd (Craig Mueth): Request to allow a new 1,344 sq ft, 17.5-ft-tall detached garage to exceed the residence height by 5.5 ft. Personal use; the garage is 208 ft from the road. No remonstrators. Approved 7 to 0.
  • VAR-2026-072 – 3700 Kansas Rd (JBI Holdings LLC): Request to relax the required 8-ft opaque fence around outdoor storage to legalize an existing storage area not in compliance with the January 2026 site plan. The applicant agreed to install 8-ft opaque fencing on the south and west sides of the storage area. No remonstrators. Approved 7 to 0.
  • VAR-2026-073 – 11530 Big Cynthiana Rd (Zachary Coomes): Request to allow a new 2,000 sq ft, 18.7-ft-tall pole barn to be taller and larger than the residence; total accessory structures would exceed the residence by 972 sq ft and 5.7 ft in height. The existing garage would be torn down later. Personal use. No remonstrators. Approved 7 to 0.
  • VAR-2026-074 – 2201 Koring Rd (Joshua Woodring): Request to allow a new 1,600 sq ft, 22.7-ft-tall pole barn to exceed the residence height by 6.2 ft. Personal use for vehicles and trailers. No remonstrators. Approved 7 to 0.
  • VAR-2026-075 – 3813 E. Diamond Ave (James Kincheloe): Request to allow a new 1,200 sq ft, 18.3-ft-tall pole barn to exceed the residence height by 4.3 ft. Personal use; only height was at issue. No remonstrators. Approved 7 to 0.
  • VAR-2026-076 – 13540 Petersburg Rd (Travis Waage): Request to allow accessory structures larger than the residence; a new 3,600 sq ft barn would make total accessory structures exceed the residence by 2,527 sq ft. The petitioner said the barn would hold personal items, trailers, a tractor, and a boat, and that his excavating equipment is kept elsewhere. No remonstrators. Approved 5 to 2.
  • VAR-2026-077 – 7221 E. Indiana St (Raising Cane's): Request to increase the number of on-premises signs from 3 to 6 for a change of business. The representative said total signage would remain below 500 sq ft. No remonstrators. Approved 6 to 1.
  • VAR-2026-078 – 1500 N. Green River Rd (The Gaming Guild): Request to increase signs from 3 to 8 and total sign area from 500 to 998 sq ft to legalize existing window signage and allow a new tenant panel. No remonstrators. Approved 6 to 1.
  • VAR-2026-079 – 4949 Healthy Way (Deaconess Hospital Inc.): Request to increase signs from 2 to 9 and allow an 11-ft monument sign instead of 8 ft for new and updated signage for expanded services in a newly constructed building on an adjoining lot. No remonstrators. Approved 7 to 0.
  • VAR-2026-081 – 4330 Harmony Hollow Dr (Jeff Weinzapfel): Request to reduce the front-yard setback for an accessory structure from 200 ft to 93 ft. The surveyor explained that the code's road-frontage rule made the garage appear to be in front, although the house faced the opposite direction. No remonstrators. The chair reported approval with 6 yes and 0 no votes.
  • VAR-2026-082 – 120 S. Red Bank Rd (Evansville Vanderburgh Public Library): Request to reduce front yard greenspace from 25 ft to 4 ft for redevelopment and construction of a new library facility. No remonstrators. The chair reported approval with 6 yes and 0 no votes.
  • VAR-2026-083 – 100 S. Rosenberger Ave (Ascension St. Vincent): Request to increase signs from 3 to 7 and total sign area from 500 to 526 sq ft to legalize existing building signage installed without permits. No remonstrators. The chair reported approval with 6 yes and 0 no votes.
  • VAR-2026-084 – Adjacent to 1001 E. Diamond Ave (Ocean Realty LLC): Request to reduce the off-premises sign setback from the right-of-way from 25 ft to 12 ft to replace a static billboard with an electronic unit. The applicant said the original permit predated the updated sign ordinance and supply delays caused the permit to lapse. Board discussion noted that ambient-light dimming and 8-second transitions are required. Approved 6 to 0 with 1 abstention.
  • VAR-2026-085 – 3625 E. Boonville New Harmony Rd (Nathan Breivogel): Request to allow a detached ADU in front of the principal residence, reduce accessory-structure front-yard setback from 200 ft to 86 ft, and increase accessory lot coverage on an Ag-zone lot from 5,000 to 5,664 sq ft for construction of a 3,564 sq ft residence. The representative said the family was living in a camper after a barn fire. No remonstrators. Approved 7 to 0.

Public Comments & Testimony

  • On VAR-2026-084, Richard B. Myers, owner of a neighboring building for 68 years, opposed the electronic billboard. He said it was aimed at his building, the intersection was dangerous, and it should not be lighted; he stated he would install video surveillance and pursue legal action if necessary.
  • Andy Morris, a signage-industry representative, supported the applicant for VAR-2026-084. He said industry practice includes minimum 8-second transitions, no motion, and ambient-light dimming, and that the sign had already received state permits.
  • Martin Kirira, owner of MK Billboards, responded that moving the pole 13 ft back would conform but would not address the remonstrator's concerns; he also noted that drivers already face distractions such as phones.
  • No remonstrators appeared for any other docket heard at the meeting.

Other Business

  • The board approved staff-prepared findings of fact for an application approved at the previous meeting. The vote was 5 to 0 with 2 abstentions; the two abstaining members had not been present when the underlying application was approved.
  • A sign-industry representative raised a process concern about pre-permit expenses being spent before BZA approval and asked whether approvals could be made contingent on later compliance, as in some other municipalities. The chair suggested he discuss the matter with staff member Dirk.

Key Outcomes

  • September meeting minutes approved unanimously.
  • SPU-2026-009 approved (7-0) with a minimum of 28 parking spaces.
  • VAR-2026-058 approved (7-0).
  • VAR-2026-061 approved (7-0).
  • VAR-2026-065 approved (7-0).
  • VAR-2026-069 approved (7-0).
  • VAR-2026-070 approved (7-0).
  • VAR-2026-071 approved (7-0).
  • VAR-2026-072 approved (7-0) with 8-ft opaque fence on the south and west sides.
  • VAR-2026-073 approved (7-0).
  • VAR-2026-074 approved (7-0).
  • VAR-2026-075 approved (7-0).
  • VAR-2026-076 approved (5-2).
  • VAR-2026-077 approved (6-1).
  • VAR-2026-078 approved (6-1).
  • VAR-2026-079 approved (7-0).
  • VAR-2026-081 approved (6-0).
  • VAR-2026-082 approved (6-0).
  • VAR-2026-083 approved (6-0).
  • VAR-2026-084 approved (6-0-1).
  • VAR-2026-085 approved (7-0).
  • Findings of fact approved (5-0-2).
  • VAR-2026-067 and VAR-2026-080 were continued to November 19, 2026.

Meeting Transcript

Hello. I think I might just stay on it. So the right stage. I know I'd like to say that's the same. Yes. Sorry. Okay, I'd like to call the October 15, 2026 meeting of the Board of Zoning Zoning Appeals to order. Will the Secretary please call the role? Ms. Capill here. Ms. Kasha here. Ms. Payne here. Mr. Rudolph? Here. Mr. Shetler. Mr. Zayner? Here. Mr. Petie. I am here and show six voters and a quorum, so let's proceed. Will the Secretary I'm sorry. May I have a motion to approve the memorandum of the September meeting? So move. Second. And will the Secretary please call the roll? Ms. Cavill, yes. Ms. Kasha, yes. Ms. Payne? Yes. Mr. Rudolph? Yes. Mr. Zahner? Yes. Mr. Petke. I vote yes and show that please let the record show that the September memorandum is approved. And now I hope we play a recording that describes how we proceed our meetings, please. Are you going to say the ones that are continued first?

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