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Washington Board of Adjustment OKs front‑yard parking variance for East Fifth Street development

5736610 · March 11, 2025
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Summary

The Board of Adjustment granted a variance allowing nine front‑yard parking spaces for a proposed 4,500‑square‑foot building at 526530 East Fifth Street, directing the city engineer to issue a building permit subject to other ordinances.

WASHINGTON, Mo. — The Board of Adjustment of the City of Washington voted March 10 to grant a variance allowing parking in the front yard of a proposed building at 526530 East Fifth Street, despite a city code requirement that parking be located in the interior or rear yard.

The vote authorizes nine front‑yard parking spaces for a planned roughly 4,500‑square‑foot building the applicants described as primarily an elder‑law office with a small number of rentable units. The board’s written resolution directs the city engineer to issue a building permit for the development “in accordance with this resolution of decision,” provided other city ordinances and regulations are met.

City planning staff described the property as vacant and situated inside the city’s C‑2 overlay district, a corridor the comprehensive plan envisions as a pedestrian‑oriented, mixed‑use entrance into downtown Washington. Planning staff said the city’s current C‑2 overlay requires a 10‑foot minimum setback and encourages build‑to lines and cross‑lot access to reduce curb cuts and consolidate parking.

“Tara,” a city staff member, summarized the policy context: “We have an application for the property 526530 East Fifth Street. It’s currently a vacant parcel,” and reviewed the overlay’s intent to create a pedestrian‑friendly corridor. Staff also noted the overlay’s parking rules: one parking space per residential unit and no required off‑street spaces for nonresidential uses in the C‑2 overlay.

The applicants, represented by Steve Stuerberg of Harn Architects, asked the board for a variance to place nine parking spaces in the front yard. “This lot is contiguous with Schrader’s … these lot sizes and configuration makes it kinda tough to develop,” Stuerberg said, arguing the site geometry, sight‑line needs and client access made front parking necessary. Stuerberg and property owner Brian Menzie said the building is being designed primarily for Menzie’s elder‑law practice and that front parking would allow staff to see arriving clients and assist elderly patrons.

“I am one of the owners of the property that we’re looking to develop. I happen to be an elder law attorney,” Brian Menzie said, describing his client base and why front parking improves accessibility and safety for older clients.

Board members discussed whether the requested layout would harm surrounding properties or the corridor’s pedestrian goals. One board member said they did not see harm in the request; another noted the area historically had buildings closer to the street and pointed to nearby examples where front parking or reduced setbacks had been approved. The board referenced a prior variance granted for a nearby property and discussed the absence of cross‑lot access on that stretch of Fifth Street.

The board then adopted a resolution that finds city code section 100.095(e)(1)(b) (as read into the record) requires parking be located in interior or rear yards and that the applicant is requesting a variance to allow front‑yard parking. The resolution grants the variance and directs the city engineer to issue a building permit if other ordinances are met.

The vote recorded in the meeting minutes shows the following board members voting “yes”: Jason Pelin, Kevin Creedy, Gwen Montel and Samantha Wacker. The resolution as read concludes with the city engineer being directed to issue a building permit for development as described.

Next steps identified in the record: the resolution authorizes permit issuance by the city engineer; the applicants will pursue the building permit process and any additional approvals required by other city regulations. The record does not specify building permit issuance timing or subsequent inspections or approvals.

Votes at a glance

- Variance to allow nine front‑yard parking spaces at 526530 East Fifth Street — Approved. Motion language (as read into the record) finds section 100.095(e)(1)(b) requires parking in interior or rear yards; the applicant proposed front‑yard parking; the board granted the variance and directed the city engineer to issue a building permit. Vote recorded: Jason Pelin — yes; Kevin Creedy — yes; Gwen Montel — yes; Samantha Wacker — yes.