Denison council approves conditional use permit for accessory dwelling at 816 West Shepherd Street

The Denison City Council voted unanimously to approve a conditional use permit allowing an accessory dwelling unit at 816 West Shepherd Street after a staff presentation and council questions about setbacks, building height and emergency egress.

City staff member Ms. York summarized the application and zoning requirements. She told the council the accessory structure currently exceeds the 18-foot height limit for dwellings (about 25 feet) and sits roughly 4 feet from the east property line where a 5-foot setback would be required if it becomes a dwelling; staff and the Planning & Zoning Commission recommended approval with conditions, including required permitting steps and a predevelopment meeting with the fire marshal and building official. "Given the affordable housing opportunity...staff is supportive of the request," Ms. York said.

Council members pressed for specifics about square footage, parking, and safety. One council member asked whether the structure had two forms of egress required for bedrooms, saying, "If I'm building an apartment, I've gotta have 2 forms of egress for a bedroom." Ms. York said those items are reviewed during permitting and that a Knox Box and gate-access arrangement may be required so emergency personnel can access the rear ADU. She also confirmed utilities would be separate and that the conversion would be subject to applicable impact and utility fees.

The property owner’s representative, Mario Pacheco, told the council the plan is to repair and use the existing front driveway for ADU tenants and to use the garage/driveway access where possible. "I think we'll probably have the tenants of the accessory dwelling unit access the driveway, and then the people in the main structure access the parking on the street," Pacheco said. He added the ADU includes a two-car garage and that the team intends to improve driveway access.

After questions and a closed public-hearing period with no speakers in opposition, Councilman Massey moved to approve the ordinance granting the conditional use permit; the motion was seconded (recorded as by Councilman Redwine) and the council voted "aye." The mayor announced the motion carried unanimously. The transcript does not record an individual roll-call tally.

The approval is conditioned on the usual permitting requirements: addressing the nonconforming height/setback as listed in the CUP, completing required fire- and building-code reviews, and adherence to impact-fee and utility requirements. A council member who identified himself as a landlord recommended including a clear lease/management line item about parking and trash handling to reduce potential tenant disputes; the council asked staff to consider that clarification as part of implementation.

Next steps: staff will complete the required permitting and inspections and ensure conditions set out in the CUP and by the fire marshal are satisfied before occupancy of the ADU is allowed. The transcript does not specify a timeline for those permits or the number of council members voting in the unanimous decision.