Board approves variance to legalize fourth unit at 442–446 North Pershing Avenue

York City zoning board · January 16, 2026

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Summary

The York City board granted variances to allow a three-to-four unit conversion and to waive parking requirements at 442–446 North Pershing Avenue after the owner, Charles Martin of Prime Properties, presented evidence that the building had functioned as four units.

The York City board unanimously approved variances allowing the conversion of a property at 442–446 North Pershing Avenue from three units to four and waived the off-street parking requirement.

Charles Martin of Prime Properties told the board he purchased the property in 2023 believing it to be a four-unit building and said the structure already has four mailing addresses, meters and hot-water service consistent with four units. Martin said the building is fully leased and that his request is intended to bring the property into legal compliance with the zoning code.

The meeting record shows the Planning Commission considered the case by unanimous vote on Jan. 12 and recommended approval of the requested variances. After a brief exchange of questions about tenants and the unit configuration, a board member moved to approve the dimensional variance to permit four units and to waive parking requirements; the motion was seconded and the board voted unanimously: Lester yes; Adam yes; Nick yes; Cena yes.

The variance legalizes the property’s use as four dwelling units according to the board’s action; any building- or occupancy-related permits remain subject to city inspections and subsequent approvals.