Commission legalizes fourth dwelling at 855 Butterworth, waives two parking spaces

The Planning Commission on Sept. 25 approved a request to establish a fourth dwelling unit at 855 Butterworth SW and granted a waiver of two required parking spaces.

Staff told the commission the 8,378‑square‑foot lot historically contained three certified units and that an additional ground‑floor unit had been created at some point without permits; the property was sold in 2023 and all four units are currently occupied. The parcel is in the Butterworth area specific plan and in a traditional neighborhood low‑density residential (TN LDR) zone where quadplexes are an allowed multi‑family outcome.

Owner Tyler Johnson said he purchased the property believing it to be a certified four‑unit and only discovered during a rental inspection that the fourth unit lacked certification; he said he intends to bring the unit up to building‑code standards through the permitting process. Staff noted alley access and the presence of four on‑site parking stalls (two in garage and two on parking pad), resulting in a deficiency of two spaces; staff said a waiver was acceptable given nearby transit and on‑street parking availability.

Commissioners voiced support on policy grounds — preserving housing and requiring code upgrades — and the commission approved the special land use and site plan with standard conditions; the owner must obtain building permits and any required improvements to bring the fourth unit into compliance before the legal status is finalized.