TO: Mayor and City Council
FROM: Beth Beatty, City Manager
SUBJECT:
title
Ordinance Approving a Variation of Use to Allow Continuation of a Three-Unit Residence in an R-1 (Single-Family Residential) Zoning District, Located at 506 Manhattan Road (ZBA 2024-04)
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BACKGROUND:
The petitioner and property owner, Eugene Kazmark Jr., is requesting a Variation of Use to allow the continuation of an existing three-unit residence at 506 Manhattan Road. According to the petitioner, the owners purchased the property in 1947 as a three-unit and have maintained the property as a three-unit since then. The property was classified to R-1 (single-family residential) zoning when it was annexed into the City in 1964, though City directory data shows it was likely a multi-unit use at that time. The property has been inspected as a three-unit through the Neighborhood Services Rental Inspection Program since 1986. Notes from the Neighborhood Services history of the property say that in 1989, City staff stated that the three-unit structure was "grandfathered" until the property was sold or changed ownership. Later notes, from 2001 and on, continue to list the zoning and use as grandfathered. The zoning mismatch was recently brought to Planning staff's attention, and staff determined that at this point in time, a Variation of Use would be needed. The petitioners are now requesting the Variation of Use to fulfill this zoning requirement. There are no proposed changes to the property.
The property has been inspected as a three-unit by Neighborhood Services for 38 years. The property is currently in good standing, with no outstanding violations and a four-year rental inspection certificate that expires in December 2027. Neighborhood Services does not have any concerns about the property remaining as a three-unit. If the Variation of Use is approved, the property will remain in the Rental Inspection Program.
The house has a two-bedroom unit and a one-bedroom unit on the main floo...
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