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Westfield board approves variance allowing second residential building at 2045 W. 160th St.
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Summary
The Advisory Plan Commission approved a variance to permit a second principal residence and a 15-foot encroachment into a required 30-foot side-yard setback for a 3.5-acre property at 2045 West 160th Street after staff said the change resolves an existing legal nonconforming condition.
The Westfield Advisory Plan Commission voted to approve a variance on Aug. 4 to allow two principal residential buildings and to legalize a 15-foot encroachment into a 30-foot minimum side-yard setback at 2045 West 160th Street.
Weston Rogers of the Community Development Department summarized the petition: "The first request is to permit 2 individual principal buildings to be located on the property to be used for residential purposes," and the second request "is to permit the encroachment of 15 feet into the 30 foot minimum side yard building setback line." Staff said the request would rectify an existing legal nonconforming condition and that the item had been properly noticed.
The petitioner, Timothy Hunter, told the commission he intends to use the accessory building as a residence for family and that he had discussed the plan with neighboring property owners: "We're looking just to be able to support the land here with my, with the homeowner, my dad, Scott Fry... We did have conversations with the individuals that are around the area." Staff reported no public comments had been received before the hearing.
Commissioners asked procedural and code questions during the hearing. A staff error in the packet listing a prior public hearing date was acknowledged and corrected on the record; Rogers confirmed the item "was properly noticed and advertised" for the meeting date. Commissioners also noted UDO Article 6.4.b, which limits residential occupancy of principal buildings; staff said they had met with the petitioner and determined subdivision was not the cleanest solution and recommended approval of the variances as requested.
A motion to approve the petition with staff recommendations carried on a roll-call vote. The commission then approved findings of fact for the petition.
The action regularized an existing condition on a property the department described as about "3 and a half acres" and permits the property owner to use both the existing primary residence and the accessory building for residential purposes. No permits or implementation dates were specified during the meeting.
