Commission rezones 1027 North Fifth from B-3 to R-4 to preserve existing house; commissioners debate district fit and proactive fixes for nonconforming homes

The Planning & Zoning Commission unanimously approved an ordinance amendment rezoning Lot A, Block 501, Alexander Knives Addition (1027 North Fifth Street) from B-3 (General Business) to R-4 on Feb. 5, citing the property’s existing single‑family residential use and the need to enable financing and sale.

Miss Edwardson, planning staff, described the property as a single-family house in a B-3 district that currently represents a nonconforming residential use. She said the rezoning to R-4 would place the house into a residential district consistent with much of the near-north neighborhood and remove the financing barrier that results from being a nonconforming use in a commercial zone.

Commissioners questioned why staff recommended R-4 rather than R-2. Miss Edwardson and other staff explained the recommendation was intended to match the prevailing Near North zoning and avoid creating a single, isolated rezoning or “spot zone.” Staff noted R-4 is common in the near-north area and that adjoining blocks are largely zoned R-4 despite many lots being occupied by single-family homes.

Commissioner Budke and others suggested the city could take a more proactive approach to identify and address other nonconforming properties—informing owners in advance of sale and considering broader rezoning or code amendments. Staff said it is possible but complicated: initiating city-led rezonings requires owner buy-in and carries legal and political considerations. Miss Edwardson noted there is also an upcoming code revision to remove a minimum-lot-size rebuild restriction that has caused some delays in sales and would be brought forward next month.

Commissioner Sandy asked what uses R-4 permits; staff said higher-density residential up to certain multifamily types is allowed, subject to parking and other standards, and noted the existing lot is small (roughly 50 by 140 feet) which limits potential expansion. Commissioners discussed neighborhood character, financing barriers, and the frequency of similar requests in the area adjacent to Washington Street.

The commission voted to approve the rezoning; no members of the public spoke on the item. The motion to approve was recorded with a unanimous vote. Commissioners also discussed broader housing concerns during the meeting, including parking-code review, building-code sprinkler requirements for small multifamily buildings and the formation of a parking subcommittee to tackle near-term policy items.