Zoning board denies request for dwelling unit

November 6, 2018

The Zoning Board of Appeals denied the request for an additional dwelling unit at a apartment complex on 400 S. Third St. during its meeting Tuesday.

Zoning Administrator Jacob Maas said in 2006 the owner of the complex was granted a request for a variance from a three-dwelling unit to a four-dwelling unit.

“Sometime after 2006 he added a fifth dwelling unit onto the apartment and that dwelling unit exceeded the density of the property,” Maas said. “It hadn’t been corrected until we received a complaint recently about that unit.”

The owner received a letter from the city explaining he was in violation in the zoning code. At this time, he was asking for a variance for this unit.

Maas said five dwelling apartments are not allowed under multifamily residential 8 zoning districts.

“They decided to deny that variance because of the issue of it was a self-imposed hardship as well as what he was asking for is not allowed in an MR-8 zoning district ...,” Maas said.

Maas said he has to speak with city attorney Rose Simon-Silva on the next steps.

The board approved a building setback variance request at 1610 Utah St. from Summit Credit Union.

“Summit Credit Union is looking to put a new office at that building,” Maas said. “They would raze the current structure and then build a new Summit Credit Union on that location.”

There was an issue with how the property has three street sides and it has to conform to the setbacks that are required with Utah, Boomer and South Church streets. Maas said the board approved the variance but with some conditions that regards to correcting the setbacks.

A neighbor came for the public hearing and expressed concerns about traffic on Utah and Boomer streets due to a lack of sidewalk and its location near Schurz Elementary School. The board told the resident this issue would be dealt with when the request goes to the site plan review committee.

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