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Evansville Board of Zoning Appeals approves library sign, multiple variances in 5–0 votes
Summary
At its July 18 meeting the Evansville Board of Zoning Appeals approved a new electronic-message sign for the McCullough branch library and a series of variances — including accessory-structure, parking, setback and lot-coverage requests — each by unanimous 5–0 votes. Board members discussed encroachment-recording issues for a residential setback question.
The Evansville Board of Zoning Appeals on July 18 approved a special use and several variances, granting each petition by unanimous 5–0 votes and discussing property-encroachment disclosure and measurement questions during the meeting.
Area Plan Commission staff opened the hearing by reviewing the board’s role and the criteria for variances and special uses, noting that "the board of zoning appeals is an appointed 7 member board established by state legislature" and explaining the four findings required to grant a variance.
The board approved a special use and related variance for the McCullough branch of the Evansville Vanderburgh Public Library at 5115 Washington Avenue. Petitioners told the board the library had been remodeled and signage updated; Heather O'Grady, identified in the record as the library's chief operating officer, said the library had sent certified letters and additional outreach and that "we have heard no feedback whatsoever." The special-use application for an on-premises electronic message sign passed 5–0. The board then approved a variance relaxing multiple sign limitations — increasing the allowed number of on-premises signs from 2 to 3, total allowed signage from 100 to 167 square feet, permitted electronic-message sign area from 18 to 22 square feet, height from 6 to 8 feet, and the minimum separation from residences — after staff clarified how the sign area was measured and landscaping plans. The variance vote was 5–0.
Other approvals included:
- A variance allowing construction of a 750-square-foot, 16-foot-tall carport accessory structure at 2939 Brom Road; petitioner Johnny Houchin said the carport would store boats and reduce outdoor clutter. The board approved the variance 5–0.
- A variance for Craddock Furniture Corporation to reduce required front-yard green space from 10 feet to 0 and to permit existing gravel parking in lieu of paved improvements at properties on West Illinois Street; counsel noted the lot has been gravel for decades and nearby owners reported no opposition. The board approved the variance 5–0.
- A variance increasing permitted signs from 9 to 10 at a multi-tenant complex on Washington Avenue for Evansville Holdings LLC; staff confirmed the total signage area remained below the regulatory threshold. Approved 5–0.
- A variance to permit construction of a residential pool deck within a 60-foot thoroughfare setback at 7701 Newberg Road for petitioner Marla Durnan. Durnan told the board she purchased the home in May 2023 and was not aware of the setback. Board members discussed alternative locations for the deck, the recorded-encroachment process, and whether existing nonconforming structures appear on title searches; staff said an encroachment agreement, if issued, would be recorded and would remain with the property. The variance was approved 5–0.
- A variance authorizing expanded accessory-structure lot coverage to permit construction of a 7,200-square-foot pole barn on a 2.5-acre AGS lot for Christy Adams; the board approved the request 5–0.
Several requests that had been continued from the prior month were formally waived for continuance fees and rescheduled to the board's next meeting on Aug. 15, 2024, as requested by applicants.
Votes at a glance (all recorded as 5 yes, 0 no): approve June minutes; waive continuance fees for continued petitions; SPU-2024-005 (EVPL special use) approved; VAR-2024-055 (EVPL sign variance) approved; VAR-2024-040 (Brom Road carport) approved; VAR-2024-048 (Craddock Furniture parking/green space) approved; VAR-2024-054 (Washington Avenue signs) approved; VAR-2024-056 (Newberg Road setback/pool deck) approved; BAR-2024-057 (pole barn lot-coverage) approved.
What mattered: Board members spent notable time on measurement and visibility questions for the library sign and on the legal and practical consequences of thoroughfare-setback encroachments for the Newberg Road pool-deck request. Staff emphasized that encroachment agreements are recorded documents and that nonconforming structures built before current requirements may not appear in standard title searches.
The meeting adjourned after the board completed the agenda; the next regular meeting is scheduled for Aug. 15, 2024, at 3:00 p.m. in Room 301 of the Civic Center Complex.
