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Wabash zoning board delays Cozy Bear Casas duplex request amid questions over auction owner-occupancy terms
Summary
John Clayton of Cozy Bear Casas LLC asked the board for variances to build a 42-by-42 duplex at 107 Walnut Street; the board continued the petition to April 16 after neighbors raised concerns that the lot was sold with an owner-occupancy requirement and staff said it would review the redevelopment/auction documents.
The Wabash Board of Zoning Appeals on March 19 continued a request from John Clayton of Cozy Bear Casas LLC for variances to build a 42-by-42 duplex at 107 Walnut Street after questions emerged about whether the lot was subject to owner-occupancy conditions from a prior city auction or redevelopment plan.
Clayton described the proposed single-story structure with two 6-by-12 porches and said the footprint will place the building closer than the code-required setbacks at the corner lot; he said the Huntington Street (west) setback would be short and estimated the west setback was about three feet short of the target discussed with the board.
Neighbors and board members raised concerns that when the city earlier marketed or sold the lot it may have been tied to redevelopment-plan conditions that required owner-occupied, single-family construction. One resident said the auction and redevelopment plan had been understood by neighbors to limit the property to owner-occupied use. In response, the board’s attorney/staff said the redevelopment plan and the auction notice control any conditions and that staff would retrieve and review the redevelopment plan and the notice and report back to the building department within a few weeks.
Given that two neighbors who had expressed interest were not present and the ownership/auction question remained unresolved, a board member moved to continue the petition to the April 16 Board of Zoning Appeals meeting (6:30 p.m.). The motion passed with one member opposed and the board continued the item without requiring re-advertising.
If staff later determines the redevelopment plan or auction notice imposed owner-occupancy or single-family restrictions that preclude a duplex or rental use, the petition may be withdrawn or denied; staff said it would report findings to the building department and the matter will return to the board for a final determination.
John Clayton said he intends to rent the finished units but acknowledged possible conflict with prior sale restrictions; the board did not make a final decision on the zoning variances and set the next review for April 16.
