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Zoning board delays decision on variance for 1025 West Main after municipal exhibits introduced
Summary
The board agreed to use its allowed transcript-review period and deferred a decision on the variance request for 1025 West Main, where the municipality introduced archival occupancy records. The case will be on the March agenda for decision.
The Norristown Zoning Hearing Board voted to defer a decision on a contested variance application for 1025 West Main Street after the municipality introduced archival documents indicating the property had been listed as a duplex since 2005.
Applicant counsel Charles Campbell argued the property had been marketed, configured and used as a triplex when his client purchased it and that denying the variance would cause significant economic hardship. Municipal building and code department manager (speaker 5) testified the municipality’s archives list a certificate of occupancy from 2005 and a 2022 annual rental-license application identifying the property as a duplex. The municipality filed the documents as M1 and M2 and the board admitted them into evidence.
The applicant's owner (speaker 15) testified he purchased the property believing it was a triplex and described three gas and electrical meters and multiple boilers; he said tenants had corroborated long-term triplex use. Municipal counsel argued the applicant had not met all five legal elements required for a variance and emphasized that an economic hardship alone may be insufficient.
After counsels’ summations, a board member moved to take the board’s allowed 45 days to review the prior transcript and the additional evidence before issuing a decision. The motion passed; the matter is scheduled on the March 24 agenda for decision.
The board did not render a final vote at the hearing and will decide after reviewing the record.
