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Marshall council approves duplex permit in 4-3 vote

MARSHALL — A request to build a duplex on a lot next to single-family homes was approved by the Marshall City Council this week — but by a narrow margin.

Council members voted 4-3 in favor of granting a conditional use permit for the duplex, which would be built on Jaguar Court.

In discussion of the proposal, council members considered objections from neighboring property owners, but they said the duplex could still be built to comply with city ordinances.

Council members discussed the conditional use permit request on Tuesday. The proposal was to build a duplex on a lot at the corner of Jaguar Court and Windstar Street. The area is an R-1 zone for single-family residences, so a CUP would be required in order to build the duplex.

City staff were recommending to approve the permit request. Conditions in the permit included that the duplex building have finishes similar to single-family houses in the neighborhood. They also required the property owner to disguise the fact there were two dwellings in the building by giving each unit a two-car garage, and having the two units face different streets.

However, the Marshall Planning Commission recommended the council deny the permit, because it was not compatible with the neighborhood. Earlier this month, the Planning Commission had heard from neighboring property owners who opposed the duplex being built.

“The people who live there now, the built there homes, they moved there, they invested in this neighborhood that was going to be single-family homes, and they were concerned about that,” said council member Amanda Schroeder. “That’s where the Planning Commission was, I think, tied up. We didn’t have the plans of the house, we didn’t know what it looked like, they didn’t know if it would be suitable. They were struggling with that.”

Plans for the duplex were included in the council agenda packet on Tuesday. The plans showed one duplex unit with a driveway facing Jaguar Court, and one unit facing Windstar Street. Assistant planning and zoning administrator Ilya Gutman said the site plan didn’t comply with city requirements for rear yard size, but the placement of the duplex on the lot could be adjusted.

Marshall City Attorney Pam Whitmore cautioned the council that their decision would need to be based on reasonable findings, including whether the proposal would meet city ordinances. It would be appropriate to consider neighbors’ objections, but that couldn’t be the only reason to deny the permit, she said.

“I think that we don’t have grounds to deny this,” said council member Craig Schafer.

Council member James Lozinski moved to approve the conditional use permit, on the condition that the site plan was modified to meet city ordinances.

“We can allow duplexes in R-1 zones with a conditional use permit. We don’t really have a reason to deny it,” Lozinski said.

The motion to grant the permit passed 4-3, with Mayor Bob Byrnes and council members Schroeder and John Alcorn casting the votes against.

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