Zoning board grants variance for single‑family home at 148 Cumberland Avenue after rezoning dispute

The Zoning Board of Appeals of the City of Portland voted unanimously June 5 to grant a hardship variance permitting construction of a single‑family dwelling at 148 Cumberland Avenue for applicant and property owner Doug Fulton, despite the lot having been rezoned to a B1 mixed‑use category under the city's recent recode.

Fulton told the board he bought the lot in spring 2023, spent substantial time and money on surveys, design and pre‑application work with city staff, and relied on earlier guidance before the recode map was finalized. "I believe the conditions of the hardship variance have been met," Fulton said during his presentation, noting hundreds of hours and significant cost already committed to the project.

The zoning change came as part of a citywide recode that altered the zoning map; Fulton said he received no notice that would have changed the project's viability and that converting the lot to other higher‑density uses was neither feasible for him nor consistent with his intended use. The board considered whether the property would yield a reasonable return absent the variance, whether the hardship arose from unique circumstances of the lot rather than general neighborhood conditions, and whether the hardship resulted from the applicant's own actions.

Planning staff and board members discussed alternative uses that the rezoning opened (including two‑family or accessory dwelling units) and life‑safety and building‑code implications. Board members noted the legal standard is fact‑specific and referenced case law discussed in the record; several members said the combination of the applicant's financial expenditures, the duration of the project's pre‑application work and the unique rezoning pattern of the parcel supported granting the variance.

The board's roll call on the final decision was recorded as: Todd/Rob Morris — yes; Andrew Weaver — yes; Thomas Larero — yes; Laura Burton — yes; Nancy English — yes. The motion granted the hardship variance finding the lot's rezoning and the applicant's invested reliance constituted unique circumstances and that denial would result in a practical loss of the use the owner sought.

The variance is subject to standard conditions, including permitting and compliance with building code requirements; board members discussed a typical two‑year time‑to‑act for the approved variance. Fulton was instructed to pursue required building permits and any further reviews necessary to complete construction.