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Council approves rezoning for 118 and 120 E. Virginia despite comprehensive-plan concerns
Summary
The council adopted an amended rezoning (R 20 24-35) to change two lots from R2 to C2 for a used-furniture store and lawn-mowing business; APC staff warned the change conflicted with the 2035 future land-use recommendation for residential uses.
The Evansville Common Council on Jan. 27 adopted Ordinance R 20 24-35 (amended) to rezone property at the northwest corner of East Virginia Street and North Heidelbach Avenue (commonly described as 118 and 120 E. Virginia St.) from R2 (residential) to C2 (commercial) to allow a used furniture store and a small-engine repair/lawn-mowing business.
Cassie Virgen of the Area Plan Commission (APC) presented APC docket REZ-2024-039 and reported that staff and the comprehensive plan recommended keeping the site residential. "The request to rezone these lots to C2 to allow the proposed commercial use is not supported by the comprehensive plan," Virgen said, noting the 2035 future land-use map recommends residential use and that the area is in a neighborhood rehabilitation focus area.
Christopher Corbin, the property owner, told council the building had been used commercially in the past and said converting it to residential would be financially onerous. Corbin described proposed operations as primarily interior uses: a used-furniture retail area in the front, storage in the back, and a small-engine repair/lawn-mowing service "internal" to the building with a garage door to the back for equipment brought in and out.
Virgen said the APC recommended approval with eight affirmative votes. Council members discussed parking and buffers; one council member noted the Lutheran school had expressed concern about spillover parking during the APC hearing. Council then voted by roll call: 9 ayes, 0 nays. Ordinance R 20 24-35 (amended) was declared adopted.
The rezoning includes a use development commitment (UDC) that narrows permitted activities in the C2 designation and specifically prohibits outdoor storage. APC staff noted the site had previously held legal nonconforming commercial status but that status lapsed when commercial use ceased around 2003.
