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Zoning board tables Foote Street boarding-house request; applicant told to consult city attorney
Summary
An Auburn homeowner seeking boarding-house permission for 16–18 Foote Street was advised to consult the city attorney and the board tabled the application to allow the applicant to provide legal and hardship documentation.
Patrick Jenkins, owner of 16–18 Foote Street in Auburn, asked the Auburn Zoning Board of Appeals on Feb. 24 to clarify whether a boarding- or lodging-house permit was required for four men currently renting one side of his duplex.
The board advised Jenkins to consult the city attorney and tabled his request without prejudice so he could return with legal guidance and documentation addressing the use-variance standards. A member of the board explicitly recommended tabling the matter and seeking legal advice before the board considers whether the property meets the criteria for relief.
The board said applicants seeking a use variance must demonstrate a financial hardship that prevents a reasonable return under current zoning and that the hardship is not self-created. Jenkins said he bought the property in 2023 and that the tenants “were already there,” and he was not aware the arrangement did not conform to local regulations. Jenkins also said he was unsure whether a formal boarding-house designation is required.
A board member summarized the procedural threshold for the board: applicants must explain how they satisfy the use-variance standards in the packet provided to them, including whether they are deprived of all economic use of the property and whether the hardship is self-created. The board recommended Jenkins “talk to a lawyer, get the answers to those questions, come back in March” and offered that the applicant could be placed on the April agenda if more members will be present.
No formal vote on the variance criteria was taken; the application was tabled with no prejudice. The board instructed Jenkins to contact the city attorney and to notify staff by March 3 if he wishes to be scheduled for the March meeting.
