TO: Mayor and City Council
FROM: Dustin Anderson, Director of Community Development
SUBJECT:
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Ordinances Associated with 1216 Fairview Avenue:
Ordinance Approving a Special Use Permit to allow a duplex, located at 1216 Fairview Avenue (ZBA 2026-07).
Ordinance Approving a Variation of Use to allow an R-3 (one-and-two family residential) use in the R-2 (single-family residential) zoning district, located at 1216 Fairview Avenue (ZBA 2026-08).
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BACKGROUND:
The petitioner and property owner, Robert Casey, is requesting a Variation of Use to a allow a new two-unit residence, an R-3 (one-two-family residential) use, within the R-2 (single-family residential) zoning district at 1216 Fairview Avenue. The applicant is also requesting a Special Use Permit for this two-unit use because two-unit dwellings that are not located within a Planned Unit Development require Special Use Permit approval per Section 47-7.2 of the City’s Zoning Ordinance.
The petitioner wishes to construct this two-story structure on an existing vacant nonconforming lot that is approximately 6,565 square feet in size and has a 50-foot lot width. At their June 18, 2026, meeting, the Zoning Board of Appeals approved the following variances associated with the proposed structure for this property:
• A Variation to reduce the required front yard setback from 30 feet to 12 feet
• A Variation to reduce the required side yard setback (north side) from 8 feet to 6 feet
• A Variation to reduce the required lot width from 60 feet wide to 50 feet wide
• A Variation to reduce the required lot area from 7,500 square feet to 6,565 square feet
• A Variation to reduce the required lot area per family from 7,500 square feet to 3,282.5 square feet per family
Each unit in the proposed duplex will be 1,100 square feet in size. Each unit will maintain a separate entrance with Unit One’s entrance at the front and Unit Two at the rear. Each unit will have living space, including a half-bath, on the first floor and three bedrooms and full bathroom on the second floor. The petitioner intends for the units to be renter-occupied, and both units will be enrolled in the rental inspection program. His proposal includes four off-street tenant parking spaces at the rear of the property. The site plan, building renderings, along with elevations, are included in the Zoning Board of Appeals staff report packet.
While staff does not find that the Variation of Use request for a two-unit in a single-family zoning district meets the criteria for hardship or practical difficulties, staff believes that the proposed two-story duplex would not alter the essential character of the area as the area has a mix of one and two-story buildings. The property can also accommodate the required number of off-street parking spaces. Staff finds that the proposal meets the criteria for a Special Use Permit. The establishment of two-story would not be detrimental to the health or general welfare of the public nor will it impede the use and enjoyment of neighboring properties. The approval of the Variation of Use and Special Use would allow one additional dwelling unit within the neighborhood.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on June 18, 2026. Robert Casey, petitioner, represented the petition. No one spoke in favor or against the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
recommendation
Debbie Radakovich moved that the Zoning Board of Appeals recommend approval of a Special Use Permit to allow a duplex and a Variation of Use for an R-3 (one-and-two family residential) use in the R-2 (single-family residential) zoning district:
1. That all necessary building permits shall be obtained prior to the Certificate of Occupancy being issued;
2. That the property shall be enrolled in and comply with the City’s Rental Inspection Program;
3. That the property shall not be expanded in the future;
Jane McGrath Schmig seconded the motion, which passed with five (5) aye votes and no nay votes. Voting aye were: Nachtrieb, Leon, Radakovich, Schmig and Stiff. Voting nay were: none. Absent were: Ralph Bias.
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RECOMMENDATION OF THE ADMINISTRATION:
Staff concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt the following, subject to the same conditions approved by the Zoning Board of Appeals above:
1. Ordinance Approving a Special Use Permit to Allow a duplex, located at 1216 Fairview Avenue.
2. Ordinance Approving a Variation of Use to allow an R-3 (one-and-two family residential) use in the R-2 (single-family residential) zoning district, located at 1216 Fairview Avenue.