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Resident asks city whether he can build a garage at 313 Roosevelt; staff explains zoning and permit steps
Summary
Resident Jason Smith told the council he wants to accept a counteroffer on 313 Roosevelt if he can build a new detached garage. City staff explained the permitting path (Linn County for building permits; city for zoning sign-off), setback limits, accessory building coverage and height limits.
Jason Smith, of 2915 Arabian Road, addressed the council during non-agenda public comment to say he had a counteroffer on a property at 313 Roosevelt and wanted to accept it "contingent on me being able to build a new garage there". He asked if the council or staff could clarify applicable restrictions before he finalized the purchase.
City staff and the Mayor described the permitting process and the applicable zoning rules. Staff said building permits and trade inspections (electrical, plumbing) are handled by Linn County and that the county will forward zoning requests to Alburnett for the city’s sign-off. The Mayor and clerk referenced Chapter 165 of the city zoning ordinance and summarized accessory-building rules: a detached accessory building cannot be located in the front yard; it must be at least 3 feet from any lot line (side and rear); it may not occupy more than 40% of the required rear yard; and maximum accessory-building height for residential uses is 35 feet. The Mayor said the required rear yard for the lot in question is 25 feet as defined by the ordinance, and that the accessory building coverage calculation uses the required rear yard area.
Staff advised Mr. Smith to start the process with Linn County for building permits; the county will handle building-code issues and forward the zoning request to the city for review of setbacks and coverage. If an applicant needs relief from setback requirements, the Mayor said the applicant could apply to the Board of Adjustment for a variance. Staff also cautioned that very large accessory structures can trigger additional building or fire-safety requirements (for example, sprinkler systems) under county code.
Mr. Smith said he preferred not to rent the house and that he intended to use the garage in connection with his concrete business; staff suggested he check county requirements for larger workshop-style buildings. The Mayor encouraged Mr. Smith to submit the site plan so city staff can perform the zoning review and confirm whether the project would need a Board of Adjustment application.
Next steps: Mr. Smith was told to apply through Linn County for building permits and to provide a site plan to the city so staff can confirm setbacks and calculate the 40% accessory coverage limit. If the project requires relief from ordinance standards, staff advised that a Board of Adjustment application would be the appropriate route.
