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Staff to issue determination on legal nonconforming status for fourplex on Kit Boulevard
Summary
At a May 1, 2025 administrative hearing, borough staff reviewed evidence that a four-unit multifamily dwelling predates a 1977 zoning change to rural residential and recommended recognition of legal nonconforming status; the department will issue a written administrative determination within 15 days.
Acting as hearing officer for the second case, George Stephan and Community Planning staff heard testimony May 1, 2025, on a request to recognize legal nonconforming status for a four-unit multifamily dwelling on Kit Boulevard.
Planner Jimmy Dixon summarized the historical record: the lot was created in 1961; an assessing field card shows a multifamily dwelling under construction in 1974; an approved zoning permit for a fourplex (zoning permit no. 2643) is dated March 3, 1975; and zoning changed to rural residential in 1977, at which point multiple-family uses became prohibited. Dixon told the hearing the multiple-family use has never been discontinued and there are no code enforcement complaints on file.
Dixon said staff sent 232 “dear property owner” letters to notify nearby property owners and received no comments. Staff recommended approval: Dixon said staff’s recommendation was to “approve grandfather rights.”
No members of the public signed up to testify. Stephan said the Department of Community Planning “shall issue an administrative determination within 15 days of this hearing.” He and staff noted that the determination may be appealed to the planning commission by filing a notice of appeal and paying the appeal fee with the borough clerk no later than 15 days after the date the determination is mailed.
Miss Tallent appeared at the hearing to represent the applicant, Jacob Hammond, who was out of the country. The hearing was adjourned at 10:20 a.m.
