The Concord Zoning Board of Adjustment unanimously approved a variance to allow William Young Properties LLC to convert a nonresidential building at 37 Washington Street in Penacook into three apartment units, permitting 80 feet of frontage where 100 feet is required.

Attorney John Arnold, representing the applicant, argued the lot is a preexisting, nonconforming lot and that Section 28-8-3(c)(2) of the zoning ordinance allows development of a nonconforming lot for permitted uses if five conditions are met. Arnold contended the lot satisfies those conditions and that the conversion is a reasonable reuse that adds housing stock. Staff advised the board that because the building encroaches in the side-yard setback and the use would change from commercial to residential, the city interprets the ordinance to require a variance for frontage in this circumstance.

Board members debated whether accepting the applicant’s threshold interpretation would change long-standing practice. Several members said the conversion is a compatible reuse that advances housing goals and poses no evident harm to surrounding property values. Citing RSA 674:33 and the record, the board moved to require a variance, then considered the variance criteria and voted unanimously to grant the requested frontage relief and adopt the applicant’s proposed findings.

The variance allows conversion of the existing structure to residential use while preserving the building in its current location; staff and the board noted that the building and lot predate the current ordinance.