Board grants multiple variances for narrow downtown lot at Northeast corner of Morton and W. Kirkwood, denies none after debate

The Bloomington Board of Zoning Appeals on April 24 approved variances allowing a three-story mixed-use building on an unusually narrow downtown lot at the northeast corner of Morton Street and West Kirkwood Avenue, granting relief from several requirements in the Courthouse Square Overlay District and approving a requested height variance for rooftop elevator access after debate.

Staff explained the property is roughly 18.8 feet wide with a building-to-building encroachment that reduces the practical buildable width to about 16.9 feet. Eric (staff presenter) described five variance requests: reduce the required minimum of 50% ground-floor nonresidential space (the proposal shows roughly 45% nonresidential on the ground floor); allow architectural articulation exceptions because of the narrow lot; permit two single garage parking spaces accessed from Morton Street rather than an alley; waive a 20-foot in-building parking setback; and allow a modest increase in building height (staff recommended denial of the height variance because they found nothing unique about the property that prevented meeting the height standard).

Petitioners Blake Rowe and Doug Bruce (Taber Bruce Architects) said the site’s 16-foot usable width and an existing 1.9-foot encroachment by the adjacent Smith-Holden building create practical difficulties. Bruce said the rooftop elevator towers and small penthouses (described as elevator/stair enclosures, not livable space) are being held as far back as feasible and are each roughly five feet above the parapet; the design team argued the rooftop access provides usable outdoor space for the narrow units and makes the proposed condominiums viable. Bruce said the rooftop penthouses are set back far enough that they are not visible from most street views.

Board members questioned whether the rooftop access was required to make the property developable. Staff told the board the building, without the elevator towers, would meet the height standard, so the narrowness of the lot did not by itself justify a height variance; the request was framed as providing additional amenity and usable space rather than remedying a strict physical inability to build. Board members who supported the height variance tied their findings to the extreme narrowness of the lot and the need to create usable, accessible living space; one member noted nearby buildings have higher sections granted under earlier codes but emphasized variances are decided on a case-by-case basis.

The board voted to adopt staff findings on the other requested variances and—contrary to staff’s recommendation—also approved the variance from maximum building height, with conditions listed in staff’s report. The roll call recorded the approval as unanimous (Burrell: yes; Ballard: yes; Kosinko: yes; Throckmorton: yes). Staff said it will prepare final findings for the record and follow up on the conditions the board adopted.

Because the building will include two for-sale condominium units above a ground-floor commercial space, the petitioners said each unit will have its own elevator and stair access to a small rooftop outdoor area; petitioners said the rooftop enclosures are minimal and are sited to reduce visibility from Morton and Kirkwood street level views.