The Watertown Planning Commission/Board of Adjustment approved a conditional-use permit on Aug. 7 for the existing single-family dwelling at 103 Eighth Avenue Southeast, allowing the property to continue as a residence despite its C-3 Highway Commercial zoning.
Staff told the board the lot is a legal nonconforming C-3 parcel of approximately 9,375 square feet; the C-3 district requires a minimum lot area of 20,000 square feet for a new commercial development. The conditional use secures the preexisting residential use and permits rebuilding or remodeling of the preexisting dwelling under the scope of that conditional use, but any new construction must meet commercial (C-3) setback requirements.
Planning staff and board members explained that, if the house were destroyed and the owner sought to rebuild, the structure would have to meet C-3 setbacks (the board discussed a 40-foot front-yard setback on the corner lot). A board member noted that rebuilding beyond permitted thresholds could require variances or a rezoning to a residential district such as R-2A. The property owner and real-estate representatives said lenders and underwriters raised concerns that a condition requiring rezoning prior to closing could prevent a sale or loan closing.
Joel Snyder, designated broker for Diamond Realty, representing seller and buyer interests, told the board: "We did discuss with the lender involved in this transaction. And, yes, because of the financing, if there is any... condition of having to rezone, that would [prevent] closing until it got rezoned." Snyder asked the commission to consider an approach that would allow closing while the city moves forward on any rezoning initiative.
Board members discussed past practice of allowing a one-year window for owners to complete rezoning and whether the planning commission should initiate a larger rezoning project for the block. Staff confirmed that only the planning commission can initiate rezoning to R-2A and suggested the commission could schedule a rezone discussion as future business. The board approved the conditional-use permit as requested and recorded that a future planning-commission discussion about rezoning the block would be appropriate.
Staff also noted an ordinance limit that allows rebuilding if damage does not exceed a threshold; board discussion referenced a 50% threshold tied to value for partial-damage rebuilds. The action secures the property as a residential use under conditional use but leaves open the longer-term policy question of whether nearby C-3 lots should be rezoned to a residential classification.
Next steps: the city will record the conditional-use approval; staff and the planning commission will consider whether to initiate a rezone for the block and may consult with affected property owners and local realtors.