Commission approves reduced setbacks for accessory building at 1105 South 8th Street after neighbor raises flooding concerns

The Goshen City Planning Commission on June 24 approved amended developmental variances to allow an accessory building and driveway encroachments at 1105 South 8th Street (Item 26-10), after hearing staff analysis, the petitioner’s presentation and a neighbor’s stormwater concerns.

Staff said the applicants requested a 5-foot front building setback along Cottage Avenue where the code requires 25 feet for the through-lot frontage, and sought a zero-foot south side setback for a parking/drive aisle where 5 feet is required. Because the lot is constrained and the applicants wished to save an existing backyard tree, staff recommended amended approval that would allow a 5-foot front setback for the accessory building and a three-foot south setback for the driveway, with the driveway reduced to 10 feet in width and other standard conditions.

Nathan Mirle, speaking on behalf of the property owners, told the commission the plans were adjusted to preserve a backyard poplar and to accommodate a driveway; he said the applicants were agreeable to the staff-proposed three-foot setback for the driveway.

Neighbor Matt Scott of 1022 South 7th Street said Cottage Avenue has no storm sewer and that his property is the low point on the block. He said heavy rain has repeatedly flooded his driveway and garage, and that he has had to rent a submersible pump to remove water. He warned that moving the accessory structure closer to the shared area could increase runoff into his yard and asked whether the structure would be occupied, saying "they're going to be living in there" raised concerns because the accessory building currently has no running water.

The petitioner said homeowners plan to install rain barrels and direct overflow to a rain-garden area east of the property to reduce added runoff. Staff and commissioners noted that requirements for stormwater management and any right-of-way or driveway work would be reviewed by the city’s engineering and stormwater departments as part of required permits.

A motion to approve the variances with staff-recommended amendments and conditions (including the three-foot south setback and reduced driveway width) was made, seconded and carried by voice vote. The transcript does not record mover/second names or a roll-call tally.

The approval allows the accessory building and modified driveway encroachments as described in Item 26-10 and is subject to the conditions outlined by staff; engineering review and permits remain required for driveway work and any measures affecting stormwater.