0:02I'm gonna kick I'll kick this off.
0:04So welcome to the zoning board of appeals meeting for Thursday, June 18th of 2026.
0:12Um first we will have a call to order roll call.
0:33All right, we have quorum.
0:35Um before we proceed tonight or today, uh, it's not evening yet.
0:40Um, we do need to take a vote among the ZBA members who are present today for a chair for this meeting.
0:49I'd like to nominate Bob Knacktree.
0:54Okay, we have a motion and a second for Mr.
0:57Bob Noctriebe to serve as chair for this meeting today.
1:05All right, please pull the board.
1:24Next on the agenda is the approval of the minutes for the May 21st, 2026 Zoning Board of Appeals.
1:54Minutes have been approved.
1:58Call the roll, right?
2:00We did the roll, so I can next is citizens to be heard on agenda items.
2:05I can read this off if you'd like.
2:07So this section is for anyone wanting to speak regarding items listed on the agenda except for items listed under public hearing.
2:15Everything we have on the agenda today is a public hearing, so if you're here for one of those items, you can speak during that time.
2:27Staff in the zoning board of appeals do not generally respond to public comments.
2:40With that, we can move to old business public hearing.
3:00So we have these are petitions 2026-7, 2026-8, and 2026-9.
3:08The applicant and owner of the property is Mr.
3:12The location is 1216 Fairview Avenue, and this is council district number four.
4:38A variation to reduce the required side yard setback on the north side from eight feet to six feet.
4:45A variation to reduce the required lot width from 60 feet to 50 feet wide.
4:52A variation to reduce the required lot area from 7,500 square feet to 6,565 square feet.
5:00A variation to reduce the required lot area from 7,500 square feet to 6,565 square feet, and a variation to reduce the required lot area per family from 7,500 square feet to 3,282.5 square feet per family.
5:14The variation of use request and special use permit requests must be considered by the city council following the recommendation of the zoning board of appeals.
5:23The zoning board of appeals makes the final decision on these variation requests.
5:30For site specific information, the subject property is a vacant lot within the Forest Park neighborhood.
5:36The property previously had a single family house but has been vacant but has been a vacant lot for the past few decades.
5:44The property is zoned R2 single family residential, as are the surrounding properties.
5:51The vacant lot is approximately 6,565 square feet in size and has a 50-foot lot width.
5:59It is therefore a non-conforming lot in the R2 zoned and as R2 zoned lots require a minimum lot area of 7,500 square feet as well as a lot width of 60 feet.
6:12For surrounding zoning land use and character, all nearby properties are zoned R2 single family residential zoning.
6:19The property directly across from the subject site is zoned R3 1 and 2 family residential.
6:26For applicable regulations, we have Section 47-6, R2 single family residential district, Section 47-7, which is R3 1 and 2 family residential district, Section 47-1728, and that is for variation of use.
6:46For discussion, the petitioner wishes to construct a two-story duplex on the existing vacant lot.
6:52The proposed structure would have a front yard setback of 12 feet, which is subject to this variation request, and a 50-foot rear yard setback, which exceeds the 25-foot rear yard setback requirement, or in other words, it meets our requirement.
7:09The proposed structure would have a side yard setback of six feet, which is subject to this variation request, as the minimum required side yard setback is eight feet for a two-story structure.
7:20His proposal includes four off-street tenant parking spaces at the rear of the property.
7:27Each unit in the proposed duplex will be 1,100 square feet in size.
7:32Each unit will maintain a separate entrance with unit one's entrance at the front and unit two at the rear.
7:38Each unit will have living space, including a half bath on the first floor and three bedrooms and full bath on the second floor.
7:47The petitioner intends for the units to be renter occupied and both units will be enrolled in the rental inspection program.
7:54The site plan, building renderings along with elevations are included in the staff report packet.
8:01For recommended action, staff recommends considering the variation of use, special use and variation requests separately in voting on these requests as separate items.
8:12Staff does not find that the variation of use request for a two-unit in a single family zoning district meets the criteria for hardship or practical difficulties.
8:21However, the proposed two unit or however the proposed two-story duplex would not alter the essential character of the area as the area has a mix of one and two-story buildings.
8:34The property will also accommodate the required number of off-street parking spaces.
8:39Staff finds that the proposal meets the criteria for a special use permit.
8:44The establishment of a two-story structure would not be detrimental to the health or general welfare of the public, nor will it impede the use and enjoyment of neighboring properties.
8:57The approval of the variation of use, special use, and variation on lot area per family would allow one additional dwelling unit within the neighborhood.
9:07Staff supports the variation request to reduce the required front yard setback of the proposed structure from 30 feet to 12 feet as it would enable the proposed structure to better align with the existing setbacks of the adjacent properties, and it would allow more usable rear lot space for off-street parking and tenant enjoyment.
9:28Staff also supports the variation request for lot width reduction and lot area reduction as it enables the possibility for a future residential structure on this lot.
9:38While staff does not find a hardship for the variation to reduce the side yard setback from eight feet to six feet, staff does not find that it would alter the essential character of the area as there are other examples of this side yard setback in the neighborhood.
10:00If the zoning board of appeals desires to approve the special use permit and variation of use to allow a duplex in R3, one and two family residential use in the R2 single family residential zoning district.
10:09Staff recommends that the following conditions would be included.
10:13One that a building permit shall be applied for and approved prior to any construction commencing.
10:21Two, that the property shall be enrolled in and comply with the city's rental inspection program, and three that the use of the property shall not be expanded in the future.
10:35And before I conclude staff's report, I I did start off the conclusion by stating that we would recommend taking separate votes.
10:42Um my recommendation would be to consider the the variation of use, special use permit, and then the variation on lot area per family as kind of one vote.
10:56Um you could vote on all of those at the same time because they are about whether or not a two-unit would be allowed at this location, and then the other variances you can think of could go together, so that could be a second vote.
11:09So those are about the placement of a structure.
11:12So what you know, outside of the use would a structure regardless of the use and side, would that meet um what you feel like that would be appropriate at this location?
11:23So that would be our recommendation is to think about um the variances and and special use and variation of use in that way.
11:30And we I can help with that when the time comes too.
11:34And that concludes staff's report.
11:37Is the petitioner here for this item?
11:40You step forward, please.
11:46Do you swear that any statements you make will be true?
11:52Please state your name and address for the record.
11:55Robert Casey, owner of 1216, Fairview Adam.
11:58Can you touch the microphone to make sure?
12:03You may put a little bit closer to you, yeah.
12:05Yeah, that's better.
12:07Um, any questions for us or comments which you'd like to make?
12:14I I think uh think you guys did a did a great job cover covering everything.
12:20Is more is more or less do you have questions for me?
12:25Um, I think everything was was covered you know pretty well.
12:30Oh, do we have any comments or questions for this petitioner?
12:35The question I have, I didn't hear what uh your address.
12:38Are you a neighbor of this uh proposed new home or new homes?
12:43Well I I yeah, I I live here here in Juliet.
12:46Okay, yes, right next door.
12:47Did you see no uh no?
12:50I have a property next door as well.
12:55Any comments or questions from the audience?
13:04How about a motion for this petition?
13:09Would you like to which um what what's like again?
13:13What's that would you like to tackle first?
13:16If you could read those again, uh or just suggest which ones we should couple and which one is alone.
13:23I guess we I would recommend starting with the variation requests, so um, and those would be the and the you could refer to the first part of your staff report packet under purpose, so that would be a variation to reduce the front yard setback from 30 to 12 feet, a variation to reduce the side yard setback from eight feet to six feet, a variation to reduce the required lot width from sixty feet to fifty feet, and a variation to reduce the required lot area from seven thousand five hundred square feet to six thousand five hundred and sixty-five square feet.
14:02So that would I would recommend taking that vote first.
14:07Um questions from anybody.
14:12Is there a motion to in order for this petition?
14:16I motion to approve.
14:21We have a motion that's been seconded, call the roll, please.
14:36Okay, so those those set of variances passed.
14:40Um, I would recommend taking actually this will be three votes.
14:44The second variation request is to reduce, and this goes with the use, but since it is a variation, we should take that separately.
14:52So the second vote would be a variation to reduce the required lot area per family from 7,500 square feet to 3,282.5 square feet from fam per family.
15:06So it gets back to a two-unit use.
15:09Any comments or questions from board members or from the audience?
15:16If not, um how about a motion in order for this petition?
15:22It's been motioned and seconded.
15:25Call the roll, please.
15:39The third set of votes would be for a variation of use for an R31 and two family residential use and in the R2 single family residential zoning district, as well as a special use permit to allow a duplex.
16:01Call the roll, please.
16:14So the variances are approved here at the zoning board of appeal level.
16:18And then this request for a variation of use and special use permit will move on to the city council with a recommendation of approval from the zoning board of appeals.
16:30The date of the the city council meeting, um, we will keep you updated, but they do meet the first and um third Tuesdays of the month.
16:38So July would be your your dates that you were looking at, but we will let you know which one it gets scheduled for.
16:51Do we have any other business to consider?
16:56So we have nothing under new business public hearing.
17:00Nothing under old new business, not for final action or recommendation, which brings us to public comments.
17:08Is there anyone here wishing to speak regarding non-agenda items?
17:16Okay, which brings us to adjournment.
17:19Is there a motion, please for adjournment?
17:36All right, meeting adjourned.