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Mitchell panel approves 10-unit townhomes, grants variance, signs off on plats and recommends Windsor Street vacation

2990225 · April 14, 2025
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Summary

The Mitchell Planning Commission approved a conditional use permit for a 10-unit townhome development, granted a variance for an oversized accessory building, approved three plats and recommended that a section of North Windsor Street be vacated and replatted for school practice fields.

The Mitchell Planning Commission on an April meeting approved a conditional use permit for a 10-unit townhome development at the southeast corner of Urbana Drive and East Spruce Street, granted a variance for an attached accessory building at 304 North Matty Street, approved three plats and recommended that the city council vacate a portion of North Windsor Street to allow Mitchell School District No. 17-2 to develop practice fields.

The conditional use permit will allow Jensen Capital and Development LLC to build 10 townhome units — two-bedroom, two-bathroom units with garages — with a private driveway off East Spruce Street. Jeremy Jensen, owner of the property and applicant, described the project as “that similar floor plan we've ran in the past. It's townhome units. 10 units. 2 bed, 2 bath with garages.” The commission voted to approve the permit with one abstention.

The vote matters because it implements a rezoning decision made in October that rezoned the parcel from urban development to HB (Highway Oriented Business) to permit multifamily dwellings in that location. The approved site plan was represented to meet the required setbacks for the HB district.

In a separate action the commission approved a variance request by Doug Gerke and Heidi Gerke for an attached accessory building of 4,600 square feet on property zoned R-4 (condensed residential), exceeding the typical 2,000-square-foot standard. The transcript indicates the applicant had already obtained a building permit for a 3,000-square-foot garage and sought to add roughly 1,600 square feet before completing the original structure. Commissioners discussed whether the approval would set a precedent, and staff noted neighboring properties include larger accessory structures. The commission moved and seconded recommendation for approval and carried the motion.

The commission also recommended that the city council vacate a portion of North Windsor Street at the request of Mitchell School District No. 17-2. Staff advised the area to be vacated would be replatted and would include a 50-foot utility easement to preserve existing utilities. Mark (staff) indicated the district intends to use the vacated area to create three practice fields for the high school; Joe Schroeder, Public Works Director, said an updated layout includes a detention pond for drainage and that Public Works had no objections to the vacation as presented. The commission voted to recommend the vacation to the city council.

Finally, the commission approved three plats: a plat for Ethan Co-op Lumber (Lot 7, Block 6), a plat for Lot 10, Block 5 (applicant represented as following the master plan), and a plat combining two parcels into Lot 1 of the Ohlinger addition for Timothy and Whitney Ohlinger (submitted in the city's extraterritorial jurisdiction so county review is also required). The Ohlinger plat was described as a replat so the applicant can seek an exemption from the Department of Equalization. Each plat was moved, seconded and carried without substantive public comment recorded in the transcript.

Votes at a glance

- Conditional use permit — Jensen Capital and Development LLC (10 townhome units at SE corner of Urbana Dr. & E. Spruce St.): Approved; roll-call vote recorded in the transcript showing Pavlov yes; Jurza yes; Oskarloute yes; Scherz yes; Sunny abstain; Denzlinger yes. Motion carried.

- Variance permit — Doug and Heidi Gerke (attached accessory building, 4,600 sq. ft. vs. 2,000 sq. ft. limit): Motion to recommend approval carried (vote recorded as voice vote; tally not specified in transcript).

- Road vacation recommendation — Mitchell School District No. 17-2 (portion of North Windsor Street to be vacated and replatted for three practice fields): Motion to recommend vacation to city council carried (voice vote; tally not specified). Staff noted a 50-foot utility easement and a detention pond in the updated layout; Public Works reported no objections.

- Plat approvals — Ethan Co-op Lumber (Lot 7, Block 6); Plat (Lot 10, Block 5); Ohlinger addition (Lot 1, Timothy and Whitney Ohlinger): Each plat was moved, seconded and approved (voice votes; tallies not specified).

Commission discussion and context

Commissioners asked whether approving the large accessory building would set a precedent; staff and other members noted neighboring properties already include oversized structures, including one earlier variance referenced as larger than 3,000 square feet. For the Windsor Street vacation, the commission sought and received assurance from Public Works about drainage and utility access; Joe Schroeder said, “There will be a detention pond accounting for the extra drainage, and we're currently reviewing that. But we have no issues with the vacation.”

Other procedural items on the agenda — approval of minutes and setting the next meeting date — were handled at the start of the session without substantive public comment.

The commission's recommendations and approvals will proceed to the city council where applicable (the road vacation requires council action).