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Board denies use variance for five-unit conversion at 2927 West Washington Street
Summary
The board denied a use variance seeking to legalize a 4-unit building plus a fifth detached unit at 2927 West Washington Street, finding the multifamily use conflicted with C4 zoning, parcel size and parking limitations.
Petitioner Douglas Ficardo asked the Metropolitan Board of Zoning Appeals Division 1 to grant a use variance to legalize a multiunit rental configuration at 2927 West Washington Street: a four-unit multifamily building plus a fifth detached dwelling unit. The property sits in a C4 zoning district.
Staff presented historical research and a site analysis showing the primary house likely dated to about 1915 and that earlier zoning changes made certain residential uses legally nonconforming. Staff concluded the on-site conversion to multiple units appears to have occurred without the necessary permits and that the small 0.23-acre parcel could not adequately provide parking and spacing for five families. Staff recommended denial, saying the property could still be used as a single-family residence and that the evidence did not show the required hardship to justify a use variance.
Petitioner said he purchased the property as an investment and described the building as having been used as a rental for decades; he said renters were present when he bought it. He explained the units’ layouts and argued that denying the variance would cause financial hardship because converting the property to a compliant use or redeveloping it would be costly. Board members and staff discussed the property history, prior cases and the difficulty of determining when interior divisions occurred; staff noted the lack of permits for interior work and described the layout as more akin to boarding-house conditions than a typical multifamily structure.
After discussion, the board voted 5-0 to deny the use variance (case 2024-UV-1-030). The vote record shows Jennifer Witt, David Duncan, Peter Nelson, Andrew Catona and Erin McBride voting no; the variance was not granted.
Why it matters: The denial preserves the zoning district’s intended use (C4 commercial/regional business type uses) and draws attention to the risks of conversions done without permits, the constraints of small lots for multifamily uses, and the statutory requirement to demonstrate hardship for a use variance.
