The Board of Zoning Appeals on July 2 approved an application to continue a nonconforming warehouse use at 4680 Caprice Drive, citing the site’s design and the applicant’s planned repairs.

Planning staff member Miss Savage said the property had an issued certificate of zoning compliance recognizing a legal nonconforming warehouse use, most recently on Feb. 13, 2024. Savage told the board that Middletown Development Code chapter 12.24.05 states that if a nonconforming use is discontinued for more than 12 consecutive months, it may not be resumed, but the board may determine whether continuance is permitted in a particular case.

The applicant (2 AM Management LLC) provided a written summary of recent and proposed work: a new 60-mil TPO roof with R-25 insulation, removal of abandoned rooftop HVAC, tuckpointing and masonry repairs, exterior caulking, removal of some pole lights in the parking lot, asphalt patching, repainting exterior and interior walls, restroom installation and a plan to add one pit dock leveler to the existing loading dock. Savage told the board the building had been vacant for approximately 15 months.

A representative of the owner told the board the intended use is to support cross-country shipping operations as a docking station for semi-trailers; the owner did not propose new loading docks but did propose adding one interior dock leveler to the existing loading dock. No members of the public spoke in opposition.

Board members discussed prior zoning activity at the site, including earlier variances and administrative reviews related to screening and loading improvements. One board member noted the property previously held certificates as a warehouse dating back to at least 2016. After deliberation, the board voted to allow the continuance of the nonconforming warehouse use, citing that warehousing is consistent with the property’s design and location in the B-3 General Business District and that the owner’s proposed repairs mitigate potential neighborhood impacts.

The motion passed by roll call; members voted unanimously in favor. The board recorded the owner’s planned building repairs and improvements as part of the file.

Why it matters: Allowing the resumption of warehousing at this site will permit use that the owner says aligns with the building’s highest and best use and supports freight and logistics activity in a district intended for such uses.

What’s next: The owner may proceed with the indicated repairs and, when ready, resume warehousing operations; staff will monitor compliance with any conditions and building permits for the listed improvements.