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Board denies request to recognize 1317 Dartmouth as grandfathered four‑unit; applicants told court may resolve dispute
Summary
The board voted 3‑0 to deny a zoning interpretation that would recognize 1317 Dartmouth as a grandfathered four‑unit building. Owners and neighbors disputed whether the structure was legally converted decades ago; the board said the question may need to be decided in court.
The Zoning Hearing Board denied an interpretation request from Sean Bingham and other parties seeking recognition of 1317 Dartmouth as a grandfathered four‑unit residential property.
The property’s status drew heated testimony. Opponents and neighborhood representatives said the building had been converted or used as multi‑family in the past, produced refuse bills for multiple units, and appeared in county records as a multi‑unit property. City staff said there were no clear city records (building permits or occupancy certificates) confirming four‑unit status; the board cited the city ordinance’s abandonment presumption and the need to review intent to abandon.
Attorney John Novak, speaking for neighbors, provided a letter asserting the building was converted to four units prior to 1982 without required approvals and that a 2021 variance request to recognize four units had been denied. The applicant disputed that history and asserted they had performed due diligence at purchase, including checking tax and refuse records and a 2019 rental registration listing four units.
Board members said there were arguments on both sides and that the technical legal question of whether the nonconforming use had been abandoned or preserved was likely for the courts. The board voted 3‑0 to deny the interpretation; the record indicates the contestants may pursue judicial resolution.
