Lot too small for newly built duplex

WASHINGTON — The Washington County Conservation Board unanimously denied an easement request from the owner of a newly built duplex bordering the Kewash Nature Trail after an hour of debate.

“They built a duplex on it, it does not have the correct amount of square footage for what it is currently zoned as, for a multifamily dwelling,” Conservation Board Executive Director Zach Rozmus said. “They have to have at least 5,000 square feet on each unit … One of the solutions that was explored was the board releasing or selling that easement.”

Washington City Clerk Sally Hart said the duplex lots — at the corner of West Fifth Street and North Avenue D — would not be legally habitable without adding square footage through the easement or receiving permission for an ordinance variation from the city’s Board of Adjustment.

“Going to the board of adjustment for a variance is kind of the last option,” Hart said. “They’re approaching the neighboring property owner to see if they can get the square footage needed, and if that’s not the case, then they would seek the variance.”

While Rozmus said he backed the board’s decision, he initially recommended the easement, saying it was the path of least resistance.

“I think the city would agree to that the standard operating procedure was probably not done properly,” he said. “Some of this stuff should have been done before there was a dwelling on site. I think we’re kind of at where we’re at.”

Board members said they worried about setting a precedent for private acquisitions of nature trail property.

“I definitely don’t want to be doing this on a regular basis,” Rozmus said. “Regardless of whatever decision is made by the board, we need to make sure that we’re clear on our stance of what this will be for the future.”

Board member Stan Stoops suggested setting an easement price of $10,000 for the 2,800 square feet required, hoping the hefty expense would pressure the landowner to seek alternatives.

“That nudges them to say, ‘Well, that’s too much, we’ll go to the city for the variance,’” Stoops said. “If we go $10,000, that’s half of what they’d get for the lot.”

Board member Barb Donkersloot was unwilling to back that offer, saying the issue was not the Conservation Board’s responsibility.

“I think they’d just pay the $10,000,” she said. “The city needs to grant a variance. The house looks good, it’s there, the city wants Washington to keep getting better all the time. It’s the city’s job to grant a variance, I would expect the city to do it.”

Board members said they hoped the building would become habitable, and agreed to endorse a variation for the site in the same resolution denying the easement.

“I don’t want them to lose the house, I don’t want the contractor to have to tear half the house down for whatever reason,” board President Craig Capps said. “I’d like to see the city take care of the flub.”

Matthew Lepic, the duplex’s real estate agent, declined to comment on the cause of the mishap or plans to seek an ordinance variation from the Board of Adjustment.