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Board of Adjustment approves conditional-use permit to allow second unit at 408 N. Foster for long-term rental
Summary
The Board of Adjustment approved a conditional-use permit requested by Michael Larson to add a 2-family dwelling (an efficiency above a new garage) at 408 North Foster Street for long-term rentals to traveling nurses; nearby neighbors raised privacy, height and drainage concerns.
Mitchell — The Board of Adjustment voted to approve a conditional-use permit for a two-family dwelling at 408 North Foster Street, allowing the owner to build a three-car garage with an efficiency apartment intended for long-term renters, including traveling nurses on 60- to 90-day contracts.
Mark Genigis, planning staff, told the board the Planning Commission recommended approval 3–1 (three present for, one opposed) after public notices and mailbox letters; the office received six written responses (three in favor, two opposed and one with comments) and one neighbor did not receive notice in time. Genigis said the applicant initially showed a three-foot east setback on the plan but that the principal-structure standard requires a 25-foot east setback unless a variance is granted.
Neighbor Lori Kent spoke at length in opposition, saying the proposed building would reduce her backyard to a narrow strip of six to seven feet and would leave her looking at the backs of storage and equipment. "We are opposed to this building being built for several reasons," Kent said, citing the planned building dimensions — "a 26 by 48 foot building that would be 23 feet high" — and potential drainage and access problems between properties.
Applicant Michael Larson told the board he had cleared tall trees in the rear corner to prepare the site and said he planned to install gutters and a privacy fence and would use existing RV hookups for utilities. "I'm also planning on putting in a privacy fence so that they don't have to look at my yard implements," Larson said. He said the intent is to rent to traveling nurses on multi-week contracts; board questions confirmed typical contracts run 60 to 90 days and that the unit would generally house a single occupant at a time.
Board authority and limits: Genigis clarified that the Board of Adjustment was deciding only whether to allow the conditional use (long-term rental) under the zoning ordinance; detailed building, drainage and code compliance will be resolved through the building-permit process if the conditional use is allowed.
Local concerns and staff response: Planning staff confirmed the proposed structure would meet zoning setbacks and height if constructed as applied for and that drainage must not cause new flows onto neighbors; staff noted that drainage complaints could result in civil remedies by property owners. The council heard neighbors' worries about a one-foot roof overhang that would create a seven-foot separation between new walls and the adjacent shed.
Outcome: The Board of Adjustment approved the conditional-use permit by voice vote; the record shows the motion carried after an audience comment period and follow-up questions but individual roll-call names for the action were not captured in the public transcript.
