The property’s conditional use permit, requested by Leonard, stirred debate as it involved exceptions to local zoning laws. The application sought approval for an outbuilding exceeding the 700 square feet limit, a reduced rear setback from 10 feet to five feet, and an increase in residential units from three to five. The property, spanning 29 acres in a business mixed-use zone, aims to blend residential and commercial uses, aligning with the goals of the East Stewart community redevelopment area.

The CRA’s development director presented a staff report confirming procedural compliance and alignment with the city’s comprehensive plan. The report highlighted the area’s existing conditions, consisting of vacant parcels and a mix of residential and commercial properties. Despite the outbuilding’s size exceeding code requirements, Leonard’s representative clarified that he could have two outbuildings of 700 square feet each, thus not violating the code.

A significant aspect of the discussion revolved around a 2021 building permit issued without specifying the need for conditional use approval. Leonard, under the impression that he had the necessary approvals, faced complications when zoning changes in September 2024 reduced allowable density from seven units to five. The representative argued that Leonard’s intentions to utilize his property as intended were hindered by these changes, emphasizing the proposal’s alignment with the community’s mixed-use goals.

Further examination of the project’s impact included considerations of traffic congestion, drainage, and neighborhood compatibility. The applicant asserted that the development would enhance the community by increasing affordable housing, aligning with the East Stewart Overlay zoning district’s objectives to improve housing conditions and preserve neighborhood character.

During the meeting, board members raised questions regarding the property’s fire safety compliance and the configuration of residential units. The building, completed in 2022, remained unoccupied due to permit issues, resulting in a loss of rental income for Leonard. The original permit allowed for a five-foot setback and seven units, but the zoning changes led to confusion. The applicant contended that the project should have been grandfathered in under the original code, as construction was substantially completed at the time of the change.

In a discussion, it was revealed that Leonard’s plan involved converting three smaller units into a single four-bedroom unit for personal use, raising questions about future rental intentions. The applicant confirmed the intention to keep it as a single unit and addressed compliance concerns, noting the impervious surface area was below the maximum allowable percentage.

The meeting also touched on potential flooding concerns, with a board member expressing skepticism about the property’s resilience to such events. Despite no recent flooding incidents, the area’s history suggested the possibility of future issues.

The applicant highlighted efforts to navigate regulatory challenges, emphasizing the project’s potential to increase affordable housing and bring the property into compliance. Public comments during the meeting supported the project, emphasizing Leonard’s reputation and community contributions.

Ultimately, the CRA board voted unanimously to approve the resolution with attached conditions from the staff’s recommendation. This decision allows Leonard’s project to advance, despite the complexities surrounding zoning regulations and permit processes.