MIDDLETOWN — The Board of Zoning Appeals voted unanimously on Jan. 7 to grant a use variance allowing a detached garage at 1116 South Main Street to be used as a separate primary dwelling unit, provided the owner obtains required habitability approvals.

Mister Fox, presenting staff analysis, told the board that city records show the main house is permitted as a three-family dwelling but that there are no permits on file authorizing the garage as a residential unit. Fox said the applicant supplied tax records and a letter asserting long-term rental use.

The applicant, who identified himself during sworn testimony as Ogden s Hamilton, said he purchased the property in 1988 and that the garage had already been converted to an apartment. "When we purchased this property in 1988, the garage was an apartment then," Hamilton said, recounting that he and his wife had lived in the house in the 1990s and that the unit has been rented at times since.

Board members pressed staff and the applicant on technical details. Stefan Wanamaker asked whether utilities were billed separately; Hamilton said there are separate electric meters and trash accounts indicating four separate taps — three for the main house and one for the rear building. The board also discussed lot lines and setbacks along the rear of the property that abuts conservancy land; staff said exact setback distances would require a survey and are not central to the variance determination.

AJ Mantel, who moved the approval, framed the request in the context of the city's housing needs: "I'm a very big proponent of additional dwelling units," Mantel said, adding that he wanted any approval to ensure habitability and safety. John Roach, counsel for the city, advised that the board could condition the variance on obtaining any permits required by the city and that the building department would determine whether a certificate of occupancy or other documentation was appropriate.

The motion that passed requires the applicant to obtain applicable habitability standards and any necessary occupancy certification before the use is considered authorized. Mister Fox said the building inspector could perform an inspection and issue an occupancy document if the unit meets livability, safety and health standards; the board specifically avoided conditioning approval on meeting modern construction codes that would be inappropriate to apply retroactively.

The application had come to light when a buyer's loan company reviewed title and loan documents during a pending sale, Fox and Hamilton said. Fox also noted that the city's historical records for some periods were not accessible due to a recent cyber incident, so staff relied on the documents provided by the applicant and the tax records included in the file.

The roll call on the variance recorded affirmative votes from AJ Mantel, Stefan Wanamaker, David Cash (chair), Gary Gross, Tom Evans and Jerry Heinrich. The board also elected to retain its current officers and approved minutes from its Dec. 3, 2025 meeting earlier in the session.

Next steps: the applicant indicated he intends to move quickly to complete any necessary paperwork and a sale is being pursued; the board's approval is conditioned on the city’s habitability/occupancy checks and any required certificates being issued before the garage may be used as a separate primary dwelling unit.