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File #: 503-25   
Type: Ordinance Status: Passed
File created: 9/4/2025 In control: City Council Meeting
On agenda: 9/16/2025 Final action: 9/16/2025
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
Attachments: 1. Ordinance - Variation of Use ZBA 2025-29 (421 Abe Street).pdf, 2. ZBA 2025-29 (421 Abe Street ) Staff Report Packet.pdf, 3. Zoning Board of Appeals Minutes 08-21-25.pdf, 4. Approver Report
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 p...

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