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Board agrees to six‑month continuance for 1108 Harlem Ave unit‑conversion proposal while council bill proceeds
Summary
Owner Dr. Vicky Mabry Hite requested a variance to add a basement studio as a third unit at 1108 Harlem Ave; planning recommended denial for lack of peculiarity, and the board granted a six‑month continuance to allow pending city legislation (council bill 25‑0064) to proceed and for the applicant to pursue remedies.
Dr. Vicky Mabry Hite asked the Board of Municipal and Zoning Appeals on Oct. 21 for a variance to allow a basement studio so the house at 1108 Harlem Avenue could legally operate as three dwelling units. Planning recommended disapproval, saying the lot shape and topography were consistent with the block and that a 39% lot‑area variance (for three units) would be large. The applicant said the building historically functioned as two units, has been vacant for years, and that a third unit is necessary to secure financing for comprehensive rehabilitation.
Board members questioned why the applicant had not made more progress since a prior confirmation of two units in 2024 and whether financial considerations can constitute a basis for a variance (board members noted personal financial hardship is not a valid legal criterion). The board also discussed pending city council legislation (Council Bill 25‑0064), the Housing Opportunity and Options Act, which would change density calculations from lot area to interior floor area and could materially affect this application. Given that bill’s progress on second reader and the applicant’s need for time to pursue remediation and financing, the board granted a six‑month continuance and encouraged the applicant to work with staff and council offices.
