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Board grants use variance converting 49 Christie St. from two-family to three-family over owner hardship claims
Summary
The board approved a use variance (PLZBA 20250015) allowing 49 Christie St. to become a three-family building in a 2-family zone, 5–0. Applicants said they purchased the building expecting rental income from a basement unit but encountered post-closing safety and repair issues that reduced rental capacity.
The Troy Planning/Zoning Board approved a use variance allowing the conversion of 49 Christie Street from a two-family to a three-family dwelling (PLZBA 20250015), voting 5–0 to grant relief after hearing testimony from the owners and contractor.
Applicant contractor Anthony Delorenzo and owner Everett Levbetter told the board the basement was already partially finished and that they expected at purchase to rent the basement as an additional unit. They described post-closing, material problems — including electrical sharing between units, mold, water infiltration and multiple gas leaks — that required unanticipated repair costs and limited the property’s rental configuration.
The applicants described a financial hardship: renovation and code issues meant the building did not yield the expected rental income, reducing the property’s ability to provide a reasonable return under current zoning. Board members discussed whether the hardship was self-imposed; several members cited the owners’ documented inspection results and repair bills in support of a finding that the hardship was not self-created.
After deliberation the board moved that the hardship was unique to the property, would not alter the essential character of the neighborhood if the variance were granted and that denial would prevent reasonable use of the property. The motion passed unanimously.
Outcome and next steps: The board’s approval allows the owners to proceed with converting the basement into a legal dwelling unit subject to building-code inspections, and the owners must secure applicable building permits and pass code requirements (including any required fire/safety upgrades) before occupancy.
