Planning board recommends rezoning of 1520 23rd Street to allow duplex behind existing house

The City of Cody Planning, Zoning, and Adjustment Board on Nov. 20 recommended that the City Council rezone 1520 23rd Street (Flip LLC) from R-2 (medium-low density residential) to R-3 (medium-high density residential).

Jenny, a planning staff member, presented the request and said the lot is approximately 10,983.75 square feet and that R-3 zoning to the north and east already exists. "This is a proposal R-3 zone as an approximately 11,000 square foot lot at 1523 23rd Street," she said, noting the change would "allow greater flexibility for future development of the lot."

The applicant, Chase Whitlock, introduced himself at the hearing and described his plan. "My intent is to keep the house that is currently remodeled, and I wanna put a duplex on the backside of the lot for 2 units that would be all contained within the property," he said, adding that all parking would be on-site.

Board members and staff then discussed how R-2 and R-3 differ on minimum net lot area, unit calculations, lot coverage and short-term-rental rules. Jenny explained that in R-2 the minimum net lot area for a two-family duplex is larger and that "in R-2, short term rental is only allowed if the owner lives on the property," whereas R-3 does not require owner occupancy for short-term rentals. She also said the lot-size calculations are handled at the building-permit stage: "What they submit will allow for them to do what they need to do on it," and building officials will confirm compliance with setbacks, lot coverage and unit square-footage.

Board members pressed staff to confirm whether the existing single-family dwelling would count cumulatively toward the developable acreage required for a duplex. Staff said the board would generally not count the single-family dwelling cumulatively against the duplex calculation, but that permit submittals and design details would determine whether a specific duplex design meets R-3 standards.

Ian moved to recommend that the City Council approve the rezone request for Flip LLC at 1520 23rd Street; the motion was seconded and the board proceeded with questions and a voice vote. The transcript records the motion, second and subsequent approval to move on to the next agenda item; the record does not include a roll-call tally in the transcript.

What happens next: The recommendation will go to the City Council for a final decision on the rezoning request. If the council approves the rezoning, the applicant still must submit building plans and obtain permits to demonstrate compliance with lot coverage, setbacks and unit-size requirements.

Sources: Staff presentation and public hearing recorded during the Nov. 20, 2025 Planning, Zoning, and Adjustment Board meeting.