Middletown Zoning Board Denies Use Variance for 137 Linden Avenue

At its September 2024 meeting, the Middletown Zoning Board denied an application to allow a non-owner-occupied two-family residence at 137 Linden Avenue, voting 3-0.

The applicant, who owns the former church at 137 Linden Avenue, told the board he has marketed the building for rent, provided advertising printouts to staff, and lacks the funds needed to make required improvements. "I almost spent 7 years," the applicant said of the time and money invested in the property as he described a tight budget and inability to complete repairs that prospective tenants requested.

Board Counsel reviewed the four criteria the applicant must meet to obtain a use variance and told the board the record showed the hardship appeared to be self-created because the owner purchased property in an OR2 zone and thus knew the permitted uses. Counsel also said the board must consider whether the variance would alter the neighborhood's essential character and whether competent financial evidence showed a substantial lack of reasonable return. "The alleged hardship has been self created," Board Counsel said during the review of those criteria.

After closing the public hearing, the board proceeded to a roll-call vote. Keith Hollick voted no, Mark Woody voted no, and Chair Jim Burdes voted no; the motion failed and the application was denied. The board recorded that the applicant had provided some evidence of rental income shortfall but that the financials did not fully account for alternative uses or the other portion of the property not being rented.

The applicant thanked the board after the ruling. With this decision the proposed conversion to a non-owner-occupied two-family dwelling will not proceed under the variance requested; the record does not show any further conditional approvals or remands to staff. The board moved on to other agenda items after the denial.