Re: Staff Report for Case No. RZ-22-002 - An application by Pam Jeffries to rezone a tract of land located at 941 N. Jesse James Road from District "C-3" - Service Business District to District "R-1" - Single-Family Residential District.  (The Public Hearing was held at the P&Z Meeting of 5/23/22)

  Applicant:  Pam Jeffries

General Information:

Address: 941 N. Jesse James Road

Current Zoning: C-3, Service Business District

Current Land Use: Single-Family House

Surrounding Zoning & Land Use: North - C-0; Single-Family

  East - R-1; Vacant

  South - C-3; Single-Family & vacant commercial

  West - R-1; Single-Family

Background:

The single-family houses on this triangle piece of property have been utilized for various commercial purposes in the past.  The subject house itself is a legal non-conforming use and can be occupied as a residence.  But if the structure was damaged by more than 50% it could only be rebuilt in conformance with City Code.  While a single-family house could be permitted in a C-3 zoning district, the dimensions of this subject tract would not permit reconstruction.  If the subject property was zoned R-1, the dimensions of the lot and yard requirements of the zoning district would allow for reconstruction in the case of significant damage.

The prospective owner wishes to continue its use as single-family residence but is having challenges with mortgage providers due to the legal non-conforming status and the inability to rebuild the structure in the C-3 zoning district in case of significant damage.

Public Infrastructure:

Streets:  The site is served by adequate streets.

Public Water:  The site is served by public water.

Sanitary Sewer:  The site is served by existing sanitary sewer.

Comprehensive Plan:

The Future Land Use Map identifies this area for future mixed-use redevelopment when the opportunity is right.

Staff Analysis:  

This situation is not entirely unusual as the City Code permits the commercial use of residential structures under certain conditions.  However, to use the existing structure as a single-family residence, as a single-family residence, as initially intended, while under a legal non-conforming use status does create challenges when applying for a home loan.

City staff feels a rezoning to the single-family residential district will help accommodate the continued use of the structure as a single-family residence and would not inhibit future mixed-use redevelopment opportunities that may present themselves in the future, when the time is right.

City staff feels the application conforms substantially to the Comprehensive Plan and the city's development standards.

Staff Recommendation/Action Required:

City staff recommends approval of the rezoning request.

Respectfully submitted,