Zoning board denies conversion of 27 South Fifth Street to additional dwelling unit

The Columbia Borough Zoning Hearing Board voted to deny an applicant's request to convert the first-floor commercial space at 27 South Fifth Street into a residential dwelling unit, finding the applicant failed to present sufficient evidence of compliance with zoning requirements, particularly off-street parking and other applicable standards.

Applicant John Reel testified he planned to convert the downstairs space, formerly a tattoo parlor, into a one-bedroom unit with a kitchen and bathroom. "So the First Floor, we would like to turn it into 1 bedroom, kitchen, and a bathroom," Reel said when describing the proposed layout. He said the property currently has street parking only and estimated perhaps one on-street space directly outside the door; he told the board his preference would be a 1-bedroom unit if the board required a definitive choice.

Borough staff advised the board that converting the property to an additional rental unit would increase the borough's off-street parking requirement to four spaces (two off-street spaces per rental unit), and that 27 South Fifth Street lacks those off-street spaces. "The zoning code for a rental property requires you to have 2 off-street parking spaces per rental unit... In this case, you would be having 2 rental units. Therefore, the zoning requires you to have 4 off-street parking spaces required," the borough manager explained.

Board members repeatedly pressed the applicant for specific evidence about the upstairs and downstairs floor plans, the number of bedrooms, square footage and the presence of adequate egress and escape windows. The applicant acknowledged some details were uncertain and said he would likely proceed with a one-bedroom layout if required. The borough emphasized that the applicant had the burden of proof to present testimony demonstrating compliance; the board found the evidence presented insufficient.

After testimony closed, a motion was made to deny the application for failure to present required evidence, including compliance with section 220-30(a)(14) (as cited in the motion). The motion was seconded, a roll call vote was taken, and the chair announced, "Motion carries to deny." The written motion recorded that the application of John Reel for a special exception to convert the first floor into a dwelling unit was denied for failure to present evidence of compliance with applicable requirements.

The solicitor noted the board will issue a written decision consistent with the municipality's procedures and that parties retain appeal rights under state law. The denial applies solely to the application for 27 South Fifth Street as presented at this hearing.