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Grandfather status sought for two residences on Charles Street; staff recommends recognition for one, decision due within 15 days
Summary
Applicants Jeffrey Mann and Alyssa Springer sought affirmative recognition of legal nonconforming status for two residences at 125 Charles Street. Staff recommended recognition for Lot 12 based on assessor records dating to 1966 but recommended denial for Lot 11 because the residential conversion occurred after ordinance 76‑10; the borough will issue a written determination within 15 days.
Planning staff presented a detailed property and structure history for Lots 9C, 11 and 12 in the Charles Slater Subdivision at 125 Charles Street and recommended split outcomes for the two residences.
Staff told the hearing that Lot 12 contains a dwelling first recorded by the FNSB assessor in 1966 and estimated to have been built in 1947; that pre‑dates the adoption of ordinance 76‑10, and staff recommended affirmative recognition of legal nonconforming use for Lot 12. By contrast, the structure on Lot 11 was first recorded in 1972 as a garage used as an accessory to a plumbing and heating business; staff found the conversion to residential use occurred in or around 2015, after the zoning changed to Light Industrial and after the relevant ordinance, and recommended that Lot 11 not receive affirmative recognition of legal nonconforming status.
Applicant Jeffrey Mann confirmed staff’s history as accurate, noted he found an original permit during realtor research and that the property is under contract for sale, and asked whether future rezoning of the block would affect subsequent owners’ rights. The hearing officer said the borough is having conversations about rezoning the block under a downtown plan but that the administrative grandfather determination itself would be issued within 15 days and could be appealed.
Why it matters: affirmative recognition of legal nonconforming use affects whether a residential use may continue despite current zoning prohibitions, and it can influence marketability and permitted future uses of the properties. Staff’s split recommendation means Lot 12 is likely to remain recognized as a preexisting residential use while Lot 11 may need to come into conformance if the staff determination is adopted.
Next steps: The borough will issue an administrative determination within 15 days of the hearing; the determination may be appealed to the clerk’s office (appeal procedures explained at the hearing).
