TO: Mayor and City Council
FROM: Dustin Anderson, Director of Community Development
SUBJECT:
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Ordinance Approving a Variation of Use to Allow the Continuation of a Two-Unit Residence, an R-3 (one- and two-family residential) Use, in the R-2 (single-family residential) Zoning District, located at 361 Wilcox Street.
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BACKGROUND:
The applicants, Gregg Vershay and Jodi Wartenberg, are requesting a Variation of Use to allow a two-unit residence, an R-3 (one-and two-family residential) use, in the R-2 (single-family residential) zoning district. The property is located at 361 Wilcox Street. The requested Variation of Use petition, if approved, would allow the continued use of two dwelling units on the subject property.
The subject property is approximately 6,400 square feet in size and contains a two-story, 3,600 square-foot building with a 385 square-foot detached garage. The two-story brick building was built prior to 1925 with the first level functioning as a neighborhood store and the second level as a dwelling unit. The building then operated with 2-3 dwelling units throughout much of its history. The ground floor of the building has had varied uses as a school supply store, general store, and efficiency apartment throughout its history. The building has two separate entrances to an apartment unit on each floor. Both units have an enclosed porch to the rear of the building that leads to a shared patio in the back yard. Floor plans of the subject structure have been included in the staff report packet, that show the interior layout for the current two-unit use.
The subject property was downzoned to its current zoning designation of R-2 (single-family residential) zoning in 1975 along with numerous other properties in this area of the City. A Variation of Use to allow two dwelling units was applied for but ultimately withdrawn in 1986. According to City directories, one household lived here from 1995 - 2015, presumably the other unit was vacant. City Directory records show that two households have resided here since 2016. The Zoning Board of Appeals granted variations to reduce the lot area per family from 7,000 to 3,200 square feet and to reduce the required amount of off-street parking from three spaces to two spaces in 1985.The requested Variation of Use petition to allow the continued use of two dwelling units on the subject property is needed to allow the property to operate in a legal conforming manner.
The petitioner wishes to continue the existing two-dwelling unit use at the subject property. The ground-floor unit is currently owner occupied. The property was purchased in 1986 with the understanding that the correct zoning to allow two dwelling units was already in place at the time the property was purchased. Variations to approve a reduction in lot area per family and to reduce the required amount of off-street parking to two parking spaces have been previously approved. Since the subject property was built to have two uses, visually appears as two-unit, and has a history of operating with two units, staff does not believe the requested Variation of Use will alter the essential character of the neighborhood.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on July 17, 2025. Jodi Wartenberg represented the petition. No one spoke in favor of or in opposition to the petition at the public hearing. Meeting minutes are attached hereto.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
recommendation
Ralph Bias moved that the Zoning Board of Appeals recommend approval of the Variation of Use to allow a two-unit residence, an R-3 (one-and two-family residential) use, in the R-2 (single-family residential) zoning district, subject to the following conditions:
1. That the property shall comply with the City’s Rental Inspection Program.
2. Should the property be declared a public nuisance by the City Council, the Variation of Use shall be subject to a rehearing and possible revocation of the Variation of Use.
Debbie Radakovich seconded the motion, which passed with six (6) aye votes. Voting aye were Bias, Hennessy, Nachtrieb, Radakovich, Roehr, and Stiff.
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RECOMMENDATION OF THE ADMINISTRATION:
recommendation
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 Variation of Use to Allow the Continuation of a Two-Unit Residence, an R-3 (one- and two-family residential) Use, in the R-2 (single-family residential) Zoning District, located at 361 Wilcox Street.