York Zoning Board OKs variances to allow two apartments above neighborhood grocery at 300 East King Street

The City of York Zoning Board on a July hearing approved variances to permit two residential units on the second and third floors of a three-story building at 300 East King Street to remain as an apartment combined with a first-floor neighborhood grocery, and waived the off-street parking requirement for the property.

The applicant had withdrawn an earlier appeal of a zoning determination and proceeded only on two variance requests: (1) a variance from the parking requirement that applies when apartments are combined with commercial uses and (2) a dimensional/use variance to allow the apartment-combined-with-commercial use in the UN-2 zoning district, where that use is not otherwise permitted.

The applicant was represented by Summer Panizzo, an attorney with CGA Law, who said the building is three stories with a grocery on the first floor and similarly sized residential units on the second and third floors. Panizzo said the second- and third-floor apartments are about 1,300 square feet each, include kitchens and two bedrooms, have separate entrances and are separately assessed for utilities. Panizzo and the applicant’s witness, Araquon (identified as the applicant’s daughter), testified that there is no off-street parking at the property and that the units are already configured and occupied.

Board members asked about rental licensing and inspections. City staff and a witness said the property had been licensed as a single unit historically and that the third-floor unit came under inspection only after an unannounced inspector visited and observed occupancy. The applicants said they have been advised about licensing and are taking steps to bring the third-floor unit into compliance; one of the applicants’ attorneys said tenants are moving out to facilitate compliance.

A motion to approve a variance from the off-street parking requirement was made and seconded; roll-call votes in the record include board members saying “Aye” during the vote. Later, the board approved a dimensional/use variance that would permit the combination of a neighborhood store with two dwelling units at 300 East King Street in the UN-2 zoning district. The applicants confirmed on the record that they accepted the form of the motion allowing the special use in that district.

The board recorded the motions as approved; the transcript indicates affirmative votes from multiple board members during each roll call. The approval preserves the building’s current mixed commercial-residential configuration without requiring exterior or interior alterations, according to applicant testimony.

The board’s approvals were framed by testimony that the building had previously been used with multiple residential units and that allowing the variance would not substantially alter the character of the neighborhood. The application materials on file for the hearing included the application, deeds, photos, hand-drawn floor plans and an aerial view; the board noted all members could participate despite the hearing being a holdover from the prior month.

The board did not record a separate condition requiring additional off-street parking; the parking requirement was effectively waived for this property in the approvals recorded at the hearing.

The board’s approvals do not, in themselves, constitute a certificate of occupancy or final licensing under City of York rental inspections; applicants and owners remain responsible for obtaining any required rental licensing and passing inspections before any change in occupancy status is implemented.