Given the current zoning, the existing residence is legal nonconforming and therefore its continued use as a residence is permitted. However, the residential structure could not be rebuilt if there was substantial damage to the house or it was destroyed completely. In short, if the costs of rehabilitation or reconstruction accounts for more than 50 percent of the market value of the property (house and land), the residential use cannot be restored. Further, it is often difficult for owner occupiers to get financing for a home that cannot be rebuilt if damaged or destroyed.
Consistency with Independence for All, Strategic Plan:
The application is within keeping with the Measures for Success for, “Improved housing conditions,” and to “increase median value of owner-occupied housing units”.
Comprehensive Plan Guiding Land Use Principles:
The City Comprehensive Plan recommends Residential Established Neighborhoods uses for this property and area. The Guiding Principles state the need to, “…maintain housing stock in established neighborhoods”.
Historic and Archeological Sites:
There are no apparent historic/archeological issues with this property.
Public Utilities:
Water, sewer, and electrical services are available to the property.
Public Infrastructure:
No new construction is planned. There will be no change to the existing infrastructure.
Recommendations and decisions on rezoning applications must be based on consideration of all of the following criteria:
1. Conformance of the requested zoning with the Comprehensive Plan.
The Comprehensive Plan envisions Residential Established Neighborhoods in the area. The property contains an existing single-family residence structure and use, which is consistent with vision of the Comprehensive Plan.
2. Conformance of the requested zoning with any adopted neighborhood or sub-area plans in which the property is located or abuts.
There are no neighborhood or sub-area plans for this area.
3. The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
The proposed rezoning would be compatible with nearby and adjacent R-6 zonings and single-family residential uses.
4. The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
The proposed R-6 zoning and existing single-family use are compatible with the character of the adjacent single family uses to the north.
5. The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
The structure could receive minor alterations like other former residences along the corridor, but the residential market for the existing residence may be more viable.
6. The length of time the subject property has remained vacant as zoned.
The property has long been used for a single-family home. Rezoning as such would be in keeping with the existing use, building design and residential character of the neighborhood to the north.
7. The extent to which approving the rezoning will detrimentally affect nearby properties.
The rezoning should not have any detrimental effect on area commercial or residential properties.
8. The gain, if any, to the public health, safety, and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
If the rezoning is denied, it could potentially inhibit the property owner in obtaining financing and rebuilding or making substantial improvements to the property. If approved, it will help to ensure the property’s continuance as a residential investment and that it contributes to the stability of the adjacent neighborhood.
Draft Planning Commission minutes:
"Case 22-100-02 – Rezoning – 16000 E. 23rd Street S.
Staff Presentation
Brian Harker presented the case. Mr. Harker presented the Commission with a vicinity map, noting the area and surrounding zoning. He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses.
Applicant Comments
Amy Harris, 960 SE 1121 Road, Deep Water, stated they’ve had the house on the market,
and all are interested in it being a single-family home. She said she’d like it rezoned to residential to make selling it easier.
Public Comments
No public comments.
Motion
Commissioner Preston made a motion to approve Case 22-100-02 – Rezoning – 16000 E. 23rd Street S. Commissioner Michell seconded the motion. The motion passed with seven affirmative votes."