TO: Mayor and City Council
FROM: Dustin Anderson, Community Development DIrector
SUBJECT:
title
Ordinance Repealing a Previously Approved a Variation of Use to Allow the Reduction of a 5-unit to a 4-unit residence, an R-4 (multi-family) use in an R-3 (one-and-two family) Residential Zoning District.
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BACKGROUND:
The petitioner and property owner, Brian Contreras, is requesting the repeal of a previously approved Variation of Use (Ord. 12065) that allowed an R-4 (multi-family) use in an R-3 (one-and-two family residential) zoning district located at 556 Ward Avenue. The petitioner has stated in their application that they are planning to convert the existing, but vacant, four unit building into two units. They stated that by having two units instead of four, they will be able to make the individual units larger, and the building would be more in character of the neighborhood. The property has a paved parking area in the rear that is accessed via an alley and provides the required number of spaces. The surrounding properties are all single-family homes. Repeal of Ord, 12065 will align the proposed two-unit use with the zoning classification for this property and surrounding land use.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on May 21, 2026. Brian Contreras, 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
Ralph Bias moved that the Zoning Board of Appeals recommend approval of the repeal of the previously approved Variation of Use that allowed an R-4 (multi-family) use in an R-3 (one-and-two family) residential district, subject to the following conditions:
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;
4. Should the property be declared a public nuisance, it may be subject to rehearing and possible revocation of the Variation of Use.
Debbie Radakovich seconded the motion, which passed with five (5) aye votes and no nay votes. Voting aye were: Bias, Hennessy, Radakovich, Schmig and Stiff. Voting nay were: none. Absent were: Bob Nachtrieb.
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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 Repealing A Variation of Use to Allow reduction of a 5-unit to a 4-unit residence, an R-4 (multi-family) use in an R-3 (one-and-two family) residential district (Ord. 12065).