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 a Mixed-Use Structure, Located at 616 Williamson Avenue (ZBA 2025-35)
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BACKGROUND:
The petitioner and property owner, Bipan Sharma, is requesting approval of a Variation of Use to allow a mixed-use structure, containing a dwelling unit and a non-residential use, in the R-3 (one- and two-family residential) zoning district at 616 Williamson Avenue. The existing building, which was built around 1906 as a church, would contain one dwelling unit on the basement level and an open space, formerly used for religious assembly, on the main level. While a dwelling unit is permitted in the R-3 zoning district, a mixed-use structure, where two principal uses would exist, is prohibited and requires approval of a Variation of Use.
The 64-foot by 134-foot subject property contains a one-story building originally constructed as a church and used for religious purposes until at least 2018. The petitioner purchased the property in November 2023. According to the petitioner, the basement level was set up as a dwelling unit with the current floor plan when they purchased the building. The unit contains one bedroom, one bathroom, a living room, and a kitchen. The basement level dwelling unit has its own separate entrance on the north side of the building as well as a rear door on the south side. The basement level does not have any interior connections to the main level, which is still set up as a religious facility.
The petitioner states that they currently do not have plans to utilize the main floor as a church, but may use it for personal storage (files, tools, etc.). Approval of the Variation of Use will allow the structure to contain one dwelling unit along with a separate space that is not part of or accessory to the dwelling unit. If the owner wishes to use the main floor for a use other than storage or a religious institution, they would need to apply for additional building permits and zoning approvals as needed.
The property does not currently contain any paved parking spaces. The Zoning Ordinance requires two parking spaces for a single dwelling unit. The owner proposes to install a paved driveway along the east side of the building to fulfill the parking requirement.
If the Variation of Use is approved, the apartment will need to be enrolled in the City’s Rental Inspection Program. The property would then be inspected for compliance with residential property codes and building codes. The owner will be responsible for making any required updates to the property prior to issuance of a Rental Inspection Certificate through the Rental Inspection Program.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on September 18, 2025. Dennis Karr, property manager for the petitioner, represented the petition. No one spoke in favor of or in opposition to the petition. Meeting minutes are attached.
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 a mixed-use structure, located at 616 Williamson Avenue, subject to the following conditions:
1. That the property shall be enrolled in and comply with the City’s Rental Inspection Program;
2. That the required off-street parking shall be provided prior to the issuance of the Rental Inspection Certificate;
3. That the use of the property shall not be expanded in the future;
4. Should the property be declared a public nuisance, the property may be subject to a rehearing and a possible revocation of the Variation of Use.
Jesse Stiff seconded the motion, which passed with four (4) aye votes and no nay votes. Voting aye were: Hennessy, Nachtrieb, Radakovich, and Stiff. Voting nay were: none. Absent were: Bias, Roehr, and McGrath Schmig.
RECOMMENDATION:
recommendation
Staff does not concur with the recommendation of the Zoning Board of Appeals because the mixed-use proposal for the existing church structure is a prohibited use and recommends that the Mayor and City Council deny the Ordinance approving a Variation of Use to Allow a Mixed Use Structure with a Dwelling Unit and a Non-Residential Storage Use at 616 Williamson Avenue. Should the City Council decide to adopt the Ordinance approving a Variation of Use to Allow a Mixed-Use Structure with a Dwelling Unit and a Non-Residential Storage Use located at 616 Williamson Avenue, the Variation of Use approval would be subject to the same conditions approved by the Zoning Board of Appeals above.
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