Planning Commission recommends rezoning of 1009 North Kiger Road from R-12 to R-6; vote 6-0

The Independence Planning Commission voted 6-0 during its February 2025 meeting to recommend rezoning case 251008, a property at 1009 North Kiger Road, from R-12 (two‑family residential) to R-6 (single‑family residential).

The rezoning recommendation would allow the applicant to pursue a minor subdivision to combine platted lots and create a single lot that could accommodate a detached single‑family house. Planning staff said the tax parcel is about 3.9 acres in size and the specific subject site at the west side of that parcel is roughly 9,100 square feet; the parcel is part of the Broadacres Annex subdivision platted in 1921 and includes an unbuilt public right‑of‑way reserved for Parker Avenue along its southern border.

Staff described the typical sequence of steps after a successful rezoning: the minor subdivision (administrative) to create the single lot, then an application to the Board of Adjustment if the applicant seeks a setback variance. Staff told the commission it cannot make approval of the rezoning contingent on a Board of Adjustment outcome because that board is an independent decision body. Staff also said that if the Board of Adjustment does not grant any needed variance the applicant could seek to revert the zoning but would have to follow subdivision procedures to re-create multiple lots.

The applicant, Tobin Kennedy, told commissioners he owns a duplex adjacent to the vacant lot and said he prefers to enable a future buyer to place one single‑family house on the larger acreage rather than add another duplex next to his existing building. Kennedy said he is prepared to pursue a setback variance and pay fees if necessary, but he sought clarity about whether the rezoning could be reversed if the variance is denied.

Commissioners and staff reviewed practical constraints tied to the site. Staff warned that building more than one new house on the back parcel would require street frontage and infrastructure work; each new lot would need a minimum 65 feet of street frontage, and extending Parker Avenue (the reserved right‑of‑way) would require the developer to construct the street and related utilities. Staff said the unbuilt Parker Avenue right‑of‑way remains public property.

During public comment two nearby residents spoke in favor of allowing a single family house. Richie Wolf of 1014 North Kiger said he had no problem with one house but opposed multiple new homes. Jesse Baker of 1001 North Kiger noted power lines near the Parker Avenue alignment and said a single house would be preferable to adding a duplex or multiple houses on the narrow frontage.

The commission voted on a motion to approve the rezoning recommendation for transmission to the city council; the motion passed on a roll call vote of 6 to 0. The commission closed the public hearing and sent the recommendation on for consideration by the city council.