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Staff recommends affirming grandfather rights at 5110 Cherokee Ave.; applicants testify to multigenerational occupancy
Summary
Borough staff recommended affirming legal nonconforming status for a single-family dwelling at 5110 Cherokee Ave. in a light industrial zone after reviewing assessor imagery and occupancy history; an applicant testified the house has been in the family since the late 1970s. The department will issue a written determination within 15 days.
At the Sept. 18 administrative hearing, Melissa Kellner introduced agenda item GR2026-027, a request by Abigail Sanborn and Bridal Foster to recognize legal nonconforming status for an existing single-family residence located at 5110 Cherokee Avenue in the Smith's Ranch subdivision, currently in a light industrial zone.
Sarah Bingham, the staff contact, presented aerial imagery and assessor field-card notes indicating the house appears in 1967 imagery and assessor records estimate a 1962 build year. Bingham said all three lots were created in 1952 and that zoning changes in 1970 made dwelling units not permitted, with a 1971 regulatory change later permitting dwelling units only as accessory uses. Staff mailed 266 notice letters to nearby properties and received no comments.
Explicitly stating her recommendation, Bingham told the hearing: "I am recommending that grandfather rights for the single family residence is affirmed since there is clear evidence of it being a a single family residence before it was zoned Air Industrial Park in 1970, and there's no evidence of the residence being discontinued." An applicant who spoke on behalf of the owners said, "This house has been in my family since the late seventies," and described multigenerational occupancy and recent repair work following a small fire about 10 years ago.
Hearing Officer Kellner asked whether any commercial or industrial operations had taken place on the property; the applicant said no. Kellner closed testimony after confirming there were no additional interested persons and reiterated that the department will issue a written administrative determination within 15 days and that appeal instructions will accompany the mailing.
No final, on-the-record determination was issued during the hearing; the borough’s written decision will be mailed to the parties and may be appealed to the Planning Commission within 15 days after mailing.
