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Commission approves recommendation to rezone 1314 N. First Ave to allow existing apartments

Area Plan Commission of Evansville and Vanderburgh County · September 5, 2024
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Summary

Area Plan Commission voted 11–0 to recommend rezoning 1314 North First Avenue from C-4 to C-2 to recognize five existing apartment units converted without permits, while staff warned multiple variances and safety issues will need to be resolved in subsequent reviews.

The Area Plan Commission recommended on Sept. 5 that City Council rezone 1314 North First Avenue from C-4 to C-2 to permit the existing multi-family use. The motion passed on a roll call of 11 yes, 0 no.

APC staff told the commission the building has five residential units that appear to have been created without permits and therefore do not qualify as legal nonconforming residential use in a C-4 zone. The request would align zoning with the current use and allow the existing units to remain, but staff warned the rezoning is inconsistent with the 2035 future land use map, which recommends commercial uses for that corridor.

Applicant representative Jason Gibson said the property has been in his family as a rental for many years and that, because of family illness, he was appearing on his father—s behalf. Commissioners and staff questioned evidence of items stored in the public right-of-way along West Florida Street and noted that the property likely will require multiple variances — including parking, unit size and other building code issues — and building-inspection work before units can be deemed safe and code-compliant.

Despite those caveats, the commission voted to forward a recommendation for approval to City Council. If City Council takes up the rezoning and approves it, the applicant will still need to address variances and building-safety inspections required by the building commissioner and Board of Zoning Appeals.