Zoning board approves conversion of 335 West Philadelphia Street to multi-family use

The City of York Zoning Board approved a special exception and related variances to permit the conversion of 335 West Philadelphia Street to a multi-family dwelling during a July meeting, following testimony from the property owner and a letter of support from the city’s Redevelopment Authority (RDA).

Devin Myers of CGA Law, representing owner SPG Capital LLC, said the applicant sought a special exception under sections of the zoning ordinance that regulate conversion of commercial, industrial or institutional buildings to multiple-family dwellings, and related variances from several conversion requirements. John Shaffer, managing partner of SPG Capital, testified that he purchased the property on Oct. 11, 2021; that the building previously functioned as a two-unit structure and that utilities are separately metered though the owner currently pays them. Shaffer described the unit layouts and said the RDA submitted a letter recommending approval of the conversion.

The conversion criteria discussed include a requirement (in the ordinance) that a building be vacant for at least two years before conversion, submission of a redevelopment authority recommendation, preparation of a land development plan and a traffic study. The applicant requested variances from some of those requirements and supplied an RDA letter stating the request was consistent with surrounding multi-family uses and would not materially impact parking, according to testimony.

On the parking requirement, zoning staff and the applicant said the property provides four off-street parking spaces, which the applicant said satisfies the ordinance’s 1.5-spaces-per-dwelling-unit standard. The applicant also testified that the units meet minimum habitable floor-area requirements and that utilities and hot-water heaters are separate for the units.

Board members questioned whether prior owners knew of the unauthorized two-unit status; Shaffer said he did not know and that public tax records and utility splits led him to believe the property had been a two-unit operation when he purchased it. Shaffer said his company performs the renovation work and maintains a field team overseeing property upgrades.

The board voted to approve: (1) a definition/interpretation allowing a multifamily dwelling conversion at the property, (2) a variance to waive the requirement that the building be vacant for two years, and (3) the special exception to allow multi-family use under the cited ordinance sections. Motions were moved and seconded (record shows Homan and Jenkins as frequent mover/second for these items) and the roll-call votes in the transcript include multiple board members recording “Aye.” The transcript shows the planning staff had recommended denial of variances but recommended approval of the special exception if variances were granted; the City of York Planning Commission had recommended approval of the variances and special exception.

SPG Capital’s testimony included details of unit sizes and interiors, and the owner said the company’s properties are renovated to a consistent standard. The board’s approvals allow the conversion to proceed subject to any separate land-development or licensing steps required by the city’s codes and by the RDA’s recommendations.