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Torrington ZBA grants variance to allow 27 Pearl Street to return to two-family use
Summary
The Torrington Zoning Board of Appeals approved variances allowing owner Eric Ortiz to convert 27 Pearl Street back to a two-family dwelling, easing front-yard setback, lot-width, lot-size and impervious-coverage requirements; staff and neighbors discussed parking, an illegal basement unit and enforcement steps.
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The Torrington Zoning Board of Appeals voted Dec. 8 to grant variances that will permit the owner of 27 Pearl Street to convert the property back to two-family use.
Applicant Eric Ortiz told the board he purchased the house last year and did not know it had previously been used as a multiunit property. Staff read a legal notice stating the variances sought: front-yard setback from 25 feet to 13.8 feet, lot width from 75 feet to 68.6 feet, lot area from 7,500 square feet to 6,623 square feet and impervious coverage from 0.5 to 0.73. The land-use memo recommended approval and indicated that, if the variances were granted, staff could administratively permit conversion under the Torrington zoning regulations.
Neighbors raised parking and safety concerns during public comment. Michael Magistrale, the owner of the adjoining building at 400 Prospect Street, said the property has been a neighborhood problem for some time and reported at least three occupied units and off-street parking conflicts; he also said there is a strong suspicion that the basement occupant has been involved in illegal activity. Ortiz said he is cooperating with staff and will follow the city’s enforcement timeline to remove any illegal units and comply with permit requirements.
During technical discussion staff and board members clarified that the zoning regulations require larger setbacks and different bulk standards for two-family uses versus single-family, and that minimum parking for a permitted two-family would be two spaces per dwelling unit. Staff also confirmed an enforcement action and a notice of violation are on file; the board noted the third basement unit would have to be removed in any case to meet code.
A motion to approve the variances passed on a roll-call vote. The board recorded affirmative votes from members present, and staff told Ortiz he should follow up with the Land Use Office on next steps and permitting.
The decision allows Ortiz to apply for the administrative permit required to return the house to two-family use; the enforcement process to bring the property fully into compliance will continue.

