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Resident seeks rezoning at 1903 3rd Avenue South to replace burned mobile home; council points to BOA variance process
Summary
Property owner requested rezoning or a variance to allow replacing a burned mobile home at 1903 3rd Avenue South. Staff told the council setbacks, spacing and access are nonconforming and advised the owner to pursue a Board of Appeals variance before returning to Planning and Zoning for rezoning consideration.
Mister Totten told the Denison City Council he bought the lot at 1903 3rd Avenue South in 2001 believing it was a mobile‑home park and wants to place a replacement trailer after one unit burned. “I purchased it way back in 2001, and I purchased it as willing to know they were telling me that it was a mobile home park when I purchased it,” he said.
City staff outlined the zoning history and legal limits. The property appears on the city’s map as R‑4 (multifamily, medium density) after the 2009–2010 zoning updates, staff said, and several features on the site do not conform to current ordinance requirements. “According to what Matt Bridal said, you can’t necessarily use the terminology of being grandfathered in because it would require proper conformance with the law and ordinance,” the city manager told the council, citing setback and access requirements.
Council members and staff walked Mr. Totten through two practical routes. Staff recommended he first seek exceptions or variances from the Board of Appeals and Adjustments (BOA) for setbacks, spacing between units and the through‑street/access issue. If the BOA grants the needed exceptions, planning staff said that could support a rezoning application to restore mobile‑home‑park use. Several councilmembers said they were sympathetic to the owner’s situation but agreed the council cannot unilaterally change zoning rules: “We can give you the blessing all we want, but it’s my understanding … the exceptions that we’ve stated, the alley setbacks, the setback for the trailer that you’re wanting to put in, the spacing of the existing trailers, I think, is also an ordinance violation right now,” one council member said.
Tax treatment was also raised. The applicant questioned assessed values and taxation of mobile units; staff advised the assessor’s office handles tax classifications and suggested the owner contact that office with specific questions.
Council staff and members offered to help Mr. Totten gather measurements and paperwork and encouraged him to file a BOA application promptly; BOA meets on Tuesday the 10th, staff said, and they offered to assist him in preparing the application and property measurements. The council did not take any unilateral zoning action and directed the owner to pursue the BOA and, if necessary, a return to planning and zoning once variances are secured.
