Newton Planning Commission reapproves 100 Mockingbird Lane height variance after rehearing

The Newton Planning Commission on March 3 voted to reaffirm a variance that allows the sidewall of an accessory structure at 100 Mockingbird Lane to be 16 feet high rather than the 12 feet normally permitted.

The rehearing followed a district court remand that said the commission’s prior decision lacked sufficient findings on two required variance criteria. At the meeting the commission recorded findings on each of the five required criteria and voted to reapprove the variance “with all five findings in favor,” the commission’s motion stated.

The variance request was presented by attorney Ian Hughes on behalf of property owners Casey and Kayla Neitzel. Hughes told commissioners that most neighbors supported the request and that the proposed building is consistent with other accessory structures in the area. “You’ll hear that most of the neighbors, in fact, I think all but 1 of the neighbors are in support of the NITEL’s request,” Hughes said. Casey Neitzel described the structure as a vehicle-…