Commission denies conditional use permit for fourplex at 3036 E. Eighth St.; neighbors cite parking and precedent concerns

The City of Casper Planning and Zoning Commission denied a conditional use permit that would have allowed a four-unit multifamily structure at 3036 East Eighth Street, a property adjacent to Pine View School.

Commissioners said approving the permit would be inconsistent with the R-2 (one- to four-unit residential) district’s intent and could set a precedent for uses not listed as permitted or conditionally allowed in the zoning code. Neighbors told the commission the site is too small for a fourplex, would worsen parking congestion near the school and could stress local drainage and sewer infrastructure.

Planning staff said the roughly 7,130-square-foot property was formerly used as a preschool (a permitted use in the R-2 district) and that multi-family residential structures are not listed as a permitted or potential conditional use in R-2. Staff cited municipal code section 17 32 0 3 0 (the provision allowing the commission to approve conditional uses not listed in a district when compatible) and said the owners had explored a zone change but staff discouraged rezoning because of the prevalence of R-2 in the area. Staff recommended an administrative conditional use permit as a limited alternative but entered no recommended conditions with the application. The staff report noted the applicants had one year to exercise an approved permit, per section 17 12 2 40 I of the municipal code.

Applicant Robert Stover, who said he and his family had owned the property for about 30 years, described plans to remodel the existing structure into four 700-square-foot units, provide front and rear parking and retain a single-level layout to aid accessibility. “We are interested in turning them into multi unit residential because we believe the neighborhood would be desirable to those just starting on their own or beginning small families,” Stover said.

Neighbors who spoke and submitted written comments described traffic, parking and drainage problems. Jan Hines, who lives at 3118 East Eighth, said four units would “really cram” the block and questioned impacts on water and sewage; Nikki Camboras, who lives at 3055 East Eighth, pointed out yellow curb and bus-loading areas near the site that reduce available parking and called the neighborhood a single-family area that could bear infrastructure stress.

Commissioner Halston moved to deny the conditional use permit and Commissioner Hunter seconded the motion. During discussion Halston said approving the use under the “other uses” clause (item I) would set precedent the commission should avoid. The commission later took a motion to approve for purposes of discussion and then voted; “With all members present voting nay, the motion fails,” the chair recorded, and the application was denied.

After the vote, planning staff and the commission discussed the need to record required findings for conditional use permits under section 17 12 2 40(g) (the two findings required that a conditional use be consistent with the title’s spirit, purpose and intent and be compatible with adjacent land uses). The commission confirmed, for the record, that required findings had been made on a prior case. The denial of the 3036 East Eighth Street application means the property owner will need to pursue a zone change or different approach if they want a different use.