Board of Zoning Appeals Meeting Summary - May 29, 2026

The Board of Zoning Appeals (BZA) convened on May 29, 2026, at approximately 6:44 PM to consider a consent calendar, four expedited petitions, and seven regular petitions. The meeting included public comments, staff presentations, petitioner testimony, and board deliberations. Votes were taken on all items, with the board approving most requests except one denial. The meeting lasted until approximately 9:21 PM.

Consent Calendar

• Minutes Approval: The board approved the minutes from the March 26, 2026 meeting unanimously (3-0).
• Amended Rules and Procedures: The board approved the amended rules and procedures, incorporating the expedited agenda process, unanimously (3-0).
• Staff Acknowledgement: Staff recognized former board member Tim Ballard for his service.

Expedited Petitions (Unanimous Approvals)

ZR 2026-23-007 – 613 North Street

• Request: Variance from front and side building setback standards to allow replacement of a mobile home on an existing pad.
• Petitioner: Stacy and Mike Renard. They stated they cleaned up the property, removed over 200 syringes, and intend to provide affordable housing (Section 8).
• Staff Recommendation: Approval with condition that the variance is for the currently placed structure and does not allow further encroachment.
• Outcome: Approved unanimously (3-0).

ZR 2026-04-0014 – 122 North Roosevelt Street

• Request: Conditional use for a duplex and variance from front building setback to accommodate an addition.
• Petitioner: Daniel Gutierrez. He noted positive feedback from the neighborhood association.
• Staff Recommendation: Approval with three conditions: rental units must be registered and inspected, and front trees must be maintained.
• Outcome: Approved unanimously (3-0).

ZR 2026-04-0019 – 402 West 6th Street

• Request: Five variances from architectural and dimensional standards to construct two outdoor sauna buildings.
• Petitioner: Emerson Orante. He deferred to staff presentation.
• Staff Recommendation: Approval with three conditions.
• Board Comment: Member Fernandez appreciated the petitioner's investment in a unique downtown site.
• Outcome: Approved unanimously (3-0).

ZR 2026-04-0016 – Peterson Drive (Allen Street to Fairview Street)

• Request: Conditional use and variance for road resurfacing and sidewalk improvements within floodplain and riparian buffer.
• Petitioner: Kendall Canook (City Engineering). The project is part of a $4 million maintenance program.
• Staff Recommendation: Approval with one condition.
• Outcome: Approved unanimously (3-0).

Regular Petitions

ZR 2026-02-004 – 508 North Lincoln Street (Denied)

• Request: Variance from front building setback to allow a deck that was installed without a permit.
• Staff Recommendation: Denial, finding no peculiar hardship; the deck was not consistent with the block face.
• Petitioner: Tina Sones. She acknowledged the deck was built without permission but hoped for approval.
• Public Comment: James Ford (neighbor) opposed, calling the deck a "magnet for activity" and a "caricature."
• Discussion: Board members questioned consistency with neighborhood. Motion to deny and adopt staff findings passed unanimously (3-0).

ZR 2026-03-010 – 1017 West 9th Street (Approved with Conditions)

• Request: Variance from tree preservation standards; petitioner cleared all trees from the lot and sought to avoid planting replacement trees.
• Staff Recommendation: Denial; 80% canopy coverage required, remediated with nine trees.
• Petitioner: Dondra O'Plyman and Fiona Taggart. They apologized for the clearing and stated they plan to build a home with landscaping.
• Public Comment: Kari Bennett (Habitat for Humanity) supported the project, noting the lot is one of few without a home. Joan Mindorf (online) supported a conditional approval.
• Board Discussion: Frustration with zoning conflicts between permitted uses and tree preservation. Motion to approve with alternative findings and condition: petitioner must submit a remediation plan with at least three large canopy trees for staff approval. Passed unanimously (3-0).

ZR 2026-03-001 – 250 South Pete Ellis Drive (Approved with Amended Findings)

• Request: Two variances: (1) maximum parking spaces (requested 8 instead of allowed 3, plus ADA), (2) driveway width (requested 25.8 ft tapering to 12 ft instead of max 12 ft for one-way).
• Staff Recommendation: Deny driveway width; approve up to 6 parking spaces (7 including ADA).
• Petitioner: Jonathan Woker (McBride Dale Clarion) and Dave Cayman (property owner). Argued employee needs (up to 8 employees) and safety concerns with alternative plan. They presented a parking study.
• Public Comment: Tom Orman, Brian Waltz, Dave Harstad spoke in favor, citing site constraints and redevelopment challenges.
• Board Discussion: Member Fernandez proposed amending findings to approve 8 parking spaces and the driveway width, citing practical difficulties and safety issues. The motion passed unanimously (3-0) with amended conditions.

CR 2026-03-0012 – 516 South Woodlawn Avenue (Administrative Appeal – Approved)

• Request: Appeal of staff determination that a back portion of lot 30 is not a separate lot of record.
• Petitioner: Chris Bomba (Charles Lane LLC) and attorney Bill Beggs. Argued the lot was subdivided in 1911, has separate tax IDs, and has been treated as separate. They cited the Elkins case.
• Staff: Eric Grewake and Assistant City Attorney Adina Casimian argued the lot was never legally subdivided; the back half was always combined with the adjacent lot. They stated no building permit had been issued.
• Board Deliberation: Members struggled with legal complexity. Motion to approve the appeal (siding with petitioner) passed 3-0, meaning the board considered the back lot a separate lot of record.

ZR 2026-03-013 – 2408 Shadow Grove Court (Approved with Conditions)

• Request: After-the-fact variances for steep slope, riparian buffer, and ground cover standards related to storm damage work (retaining walls, riprap, rock ground cover).
• Staff Recommendation: Approval with five conditions, including removal of rock in the right-of-way.
• Petitioner: Represented by attorney (name not provided). Noted the work was done to address drainage issues without prior permits.
• Public Comment: Penny Given (online) raised concerns about notification, propriety of work, and enforcement.
• Outcome: Approved unanimously (3-0) with staff conditions.

ZR 2026-05-0021 – 410 Highland Avenue (Administrative Appeal – Approved)

• Request: Appeal of staff determination that a gravel driveway/parking area exceeded allowed dimensions and had been removed and re-established.
• Petitioner: Michael D. Cookman (representing owner). He asserted the gravel area had existed for decades and only needed fresh gravel; he scraped grass and added gravel, not creating a new area.
• Staff: Argued that photos showed the area had become overgrown and was used for parking on grass, leading to tickets; then gravel was added, exceeding the 20x20 ft pad allowance.
• Board Discussion: Member Fernandez questioned whether vegetation overgrowth constitutes removal of use. Motion to approve the appeal passed unanimously (3-0), allowing the gravel area to remain.

ZR 2026-04-0017 – 2660 East 2nd Street (Approved with Amended Finding)

• Request: Variance from sign standards to allow an off-premise sign (approximately 12” x 120”) on the north side of a multi-tenant building for a business located on the lower level rear.
• Staff Recommendation: Denial, citing no peculiar hardship; the business has other sign options (wall sign on their space and freestanding sign panel).
• Petitioner: Layla (online). She explained the rear location lacks visibility and the sign on the north side would help customers find them.
• Board Discussion: Member Fernandez noted the unique configuration of the building and proposed amending the third finding to reflect practical difficulties. Motion to approve passed unanimously (3-0).

Key Outcomes

• Approved: All expedited petitions, ZR 2026-03-010 (with conditions), ZR 2026-03-001 (with amended findings), CR 2026-03-0012 (appeal granted), ZR 2026-03-013 (with conditions), ZR 2026-05-0021 (appeal granted), and ZR 2026-04-0017 (with amended finding).
• Denied: ZR 2026-02-004 (508 North Lincoln Street deck variance).
• No Public Comment: Several items had no public comment.
• Next Steps: Staff will update records and work with petitioners on conditions. Some items, like the tree remediation plan for 1017 W 9th St, require further staff review.