Middletown ZBA denies use variance for non-owner-occupied two-family at 42 Prince Street

The City of Middletown Zoning Board of Appeals voted to deny a use variance that would have allowed a non-owner-occupied two-family dwelling at 42 Prince Street, concluding the applicant did not demonstrate the required legal hardship or provide competent financial evidence.

The applicant, Steven Fernando Figueroa, told the board he purchased the property about five to six months earlier and planned to rent both floors. “I bought it so I would be able to rent out both floors,” Figueroa said. He told the board the first floor is already rented and he was seeking permission to rent the second floor.

Neighbors raised concerns about parking. Mark Barone, a nearby property owner on Bridal Street, said, “My concern is just parking. You know, if he's gonna make it two family, where is he gonna park the cars?”

Board counsel reviewed the legal standard for a use variance and said the applicant had not provided competent financial evidence showing that a permitted, owner-occupied use would be infeasible. Counsel also noted that claimed hardships must be unique to the property and not commonly applicable across the OR2 district; because OR2 zoning permits owner-occupied two-family dwellings, that weighs against a use variance. Counsel further characterized the situation as self-created because the applicant bought the house after the zoning status was in effect.

Based on the application and discussion, the board adopted a resolution denying the use variance for a non-owner-occupied multifamily dwelling at 42 Prince Street. The motion to deny was made and seconded and carried unanimously, with all present board members voting in favor of the denial. The board closed the public hearing prior to deliberation.

Next steps: The applicant was denied the requested use variance. The board noted the applicant may pursue other lawful options consistent with OR2 zoning and can provide additional evidence if he seeks relief in the future.