Board of Adjustment grants variance to restore secondary residence at 1321 North 5th Street

The Board of Adjustment voted to grant a variance permitting the owner of 1321 North 5th Street to structurally restore a secondary building behind the primary residence into four studio-style apartments, contingent on meeting all applicable legal and permitting requirements.

The variance addresses a provision of the Durant Municipal Code (156.137) that generally limits lots to one principal building. Board members said the request was distinguishable because the secondary structure pre-exists on the lot and had previously been used as apartments; they also emphasized that approval would not replace the requirement to meet building and fire codes.

David, the property owner and applicant, told the board he has owned the property for almost 30 years and that the rear structure originally contained multiple small units. "I've owned this piece of property for almost 30 years," he said, adding that he had collected rent on the rear units for "15 or 20 years" and wants to remodel and bring the building up to code. David said the units would be small efficiency apartments aimed at college students and estimated rents at about "$6 or $700." He said water is currently served through the main house and that the structure has been unoccupied for some time.

City staff read the four statutory questions the board must answer for a variance, noting those questions stem from state law and require a finding of unnecessary hardship, uniqueness of the property, no substantial detriment to the public good, and that any relief granted be the minimum necessary. Paul, a city staff member, summarized a fire-and-life-safety concern raised by fire personnel: "after speaking with multiple fire and life safety personnel, the concern is how closely the structures sit to 1 another and the 4 units having no means of egress without accessing the alley." Staff and the applicant discussed moving drive access and adding fire suppression as steps that could address that concern.

Board members said the structure's existing condition and historic use differentiate this case from new construction requests. They also discussed precedent: several nearby properties appear to have similar secondary structures, and the board suggested the city council should consider clearer code language to address recurring cases. Members stressed that a variance to the zoning ordinance does not waive the need to comply with the building code or fire code: any remodel still must secure permits and pass building- and fire-marshal review.

The board approved a motion "permitting the requesting party to structurally restore secondary residence at 1321 North 5th Street, contingent upon all other applicable legal and permitting requirements." The motion passed and was recorded as approved; the board instructed the applicant to work with city staff and the fire marshal to resolve egress and suppression requirements before permits are finalized.

The decision resolves the immediate zoning question at the Board of Adjustment level but leaves the remodel contingent on technical approvals the applicant must secure from permitting, the building inspector and the fire marshal. The board noted this was at least the second similar variance request in a short period and recommended that city council consider clarifying the municipal code on principal versus secondary/habitable structures.

Votes at a glance: - Motion to grant variance allowing restoration of secondary structure at 1321 North 5th Street, contingent on all applicable legal and permitting requirements — Approved (motion passed; see action record).