Zoning Board of Appeals Meeting Date: October 15, 2026
To: Members of the Zoning Board of Appeals
From: Mathias Hughey, AICP, Interim City Planner
Title
Consideration of a Variance to decrease the required lot size for the creation of two panhandle lots at 908 5th Street East.
Body
Action Requested:
The Zoning Board of Appeals will consider the variance request to decrease required lot size for the creation of two panhandle lots at 908 and 910 5th Street East.
Summary Report:
The applicant and property owner, TK Properties of Northfield has requested a variance, along with a minor subdivision, to subdivide a preexisting lot at 908/910/912 5th Street East (PID: 2206125011) with three houses into three lots.
The proposed minor subdivision of the existing lot would create three lots, one for each preexisting house. The two lots further from 5th Street East will become panhandle lots with a shared driveway. The other lot will not become a panhandle lot and does not require a variance. City Code allows for panhandle lots under certain conditions, however the minimum lot size required is 20,000 square feet. The variance requested is for the lot size requirement to be less than 20,000 square feet.
The Land Development Code outlines the parameters for panhandle lots in Chapter 34 - Land Development Code; Article 5 - Subdivision of Land; Section 5.2 - Subdivision Design Standards; subsection 5.2.2 - Lot and Block Design; (H) Panhandle Lots. Panhandle lots are “prohibited except as may be necessary due to topography, configuration of land, existing road layouts or other special circumstances.” The preexisting lot has been operating like three different lots, with each house having its own addresses and utilities. The three homes on the property were all built between 1945 and 1950. Due to the prolonged nonconforming nature of this lot, this subdivision request is considered a special circumstance.
However, the LDC also requires that “where panhandle lots are included in a subdivision, such lots shall be exempt from the maximum lot width and lot depth standards of the applicable zoning district and shall, instead, be required to have a minimum lot area of 20,000 square feet.” The requested variance is an exemption from the 20,000 square feet lot area minimum. The two panhandle lots will be 7,398 square feet and 7,340 square feet. The other lot will meet the requirements of a single-family home lot located in the R1-B district.
The original, existing lot is 24,146 square feet. To create a single panhandle lot of 20,000 the lot would have to be divided in such a way that the third house would be bisected by the new property line and would therefore create a new and more egregious non-conformity.
The requested variance would allow for the subdivision of the lot and would allow for these houses to be in compliance with the LDC. The variance would also allow for more homeownership opportunities in the City. Currently, because there is only one lot, the houses on the property can only be used as rental property. By granting the variance, these lots would also be furthering core aspects of the 2045 Comprehensive Plan. This subdivision both preserves current housing stock, while expanding homeownership opportunities.
The previous landowner applied for a variance in 2016 for a three-lot minor subdivision that would have created two lots that did not include street frontage. That variance request was denied by ZBA Resolution 2016-002, see attached. Those findings are no longer applicable, the proposed lots will have street frontage, the LDC does not specify a minimum width for street frontage, the City has adopted a new Comprehensive Plan, and the premise that dwellings located behind another residential structure do not posses strong neighborhood qualities is discredited by regulations allowing Accessory Dwelling Units in the R1 district.
As mentioned previously, this variance request is occurring concurrently with the minor subdivision. The minor subdivision approval is decided by City Council, but that approval is contingent upon the granting of the requested variance.
A draft resolution, including required findings, is attached.
Staff Recommendation:
Staff recommends approval of the variance in accordance with the attached draft resolution.
City Plans & Policies Relevance:
Community engagement for the 2045 Comprehensive Plan revealed a strong desire within the community to provide affordable places to live while preserving current housing stock. This subdivision and variance promote the community’s vision.
These community desires were translated into series of strategies and actions. Specific strategies addressed by the proposed project and variance request are addressed in Criterion (b) of the required findings incorporated in the attached draft resolution.
Alternative Options:
The ZBA may deny the request or approve a modified resolution for a variance. The ZBA is required to make findings that support their action.
Financial Impacts:
NA
Tentative Timelines:
October 15, 2026 - Zoning Board of Appeals Hearing and Decision on Panhandle Variance
November 3, 2026 - City Council Decision on minor subdivision