|
Title:
|
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
|
TO: Mayor and City Council
FROM: Dustin Anderson, Director of Community Development
SUBJECT:
title
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
end
BACKGROUND:
The applicant, Angela M. Gutierrez, is requesting a Variation of Use to allow the continuation of a two-unit residence, an R-3 (one-and two-family residential) use, in an R-2 (single-family residential) zoning district located at 421 Abe Street. The main building on the subject property was built in the 1930's and has been used as a two-unit residence at various times throughout its history. The ground floor dwelling unit has two entrances, one on the building's east side, and one on the building's south side. The second-floor unit has a separate entrance off the building's north side. The subject property is approximately 4,364 square feet in size and contains a two-story building with a four-car parking pad to the immediate south. Section 47-6.6 of the City's Zoning Ordinance requires two off-street parking spaces for each dwelling unit for properties within the R-2 zoning district.
The subject property was downzoned to its current zoning designation of R-2 (single-family residential) zoning in 1997 along with numerous other properties in this area of the City. However, the surrounding area contains a higher density than is found in most R-2 zoned neighborhoods. Several houses in the area were either built as two-unit residences or have been converted to two-unit residences. The surrounding zoning map shows that six lots within the same block contain R-3 (one- and two-family residential) zoning. One block to the west along Henderson Avenue, 13 lots contain R-3 zoning.
The property was purchased in 2022 with the understanding that the correct zoning to allow two dwelling units was already in place. The first-floor unit is currently owner occupied. The parking pad located south of the main building can adequately accommodate four off-street parking spaces, per R-2 zone requirements. Since the subject property has a history of operating with two dwelling units and is situated in a neighborhood with numerous two-dwelling structures, 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 August 21, 2025. Angela M. Gutierrez 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:
Bob Nachtrieb moved that the Zoning Board of Appeals recommend approval of the 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, 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 four (4) aye votes. Voting aye were Hennessy, Nachtrieb, Radakovich, and Stiff. Commissioners Bias and Roehr were absent.
RECOMMENDATION:
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:
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.
end