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Rezoning request for 305 SE Henry denied after neighbors and commissioners raise compatibility concerns

2755468 · March 4, 2025

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Summary

A request to rezone 305 Southeast Henry Street from DN3 to Downtown Edge (DE) was denied after an enhanced‑review public hearing; commissioners preferred alternatives such as a right‑of‑way dedication waiver or Board of Adjustment variance to enable two single‑family lots.

A request to rezone 305 Southeast Henry Street from DN3 to Downtown Edge (DE) was denied by the Planning Commission after an enhanced‑review public hearing and public comment opposing commercial or higher‑intensity uses at the site.

What was requested: Applicant Mark Haney asked to rezone the property to DE to split the existing 8,592‑square‑foot lot into two smaller single‑family lots. He argued that DN3 was poorly suited for a small lot in this neighborhood and that the DE zone would allow two single‑family homes without a minimum lot area.

Public comment and concerns: Neighbors spoke at the hearing. Robert Sanders (307 SE Henry) and Brian Wedekind (308 SE Second Street) opposed the rezoning, saying the block is largely single‑family and that DE would permit commercial uses and smaller setbacks that could put taller buildings close to existing homes. Commissioners noted the location’s narrow right‑of‑way and a bridge at the east end that complicate street dedications.

Staff and commission discussion: Staff said the parcel would be an outright “no” under the old land‑use plan but comes forward under the new plan; the request triggered an enhanced review (the applicant must show why the lot cannot be developed under DN2/DN3 standards). Commissioners explored alternatives: seeking a reduced right‑of‑way dedication, pursuing a Board of Adjustment variance, or obtaining a pedestrian easement rather than full right‑of‑way. Several commissioners said DE was inappropriate for the immediate, mostly single‑family block and recommended the applicant pursue a right‑of‑way reduction or variance instead.

Outcome: The commission voted to deny RZ25‑0007 (DE rezoning) by roll call (7–0). Staff advised the applicant to consult engineering and transportation about right‑of‑way options and to consider variance routes if the goal is two single‑family lots.

Ending: The applicant may refile with a different approach (variance or reduced right‑of‑way dedication) or submit further documentation showing the parcel is unsuitable for DN zone development.