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Commission delays vote on allowing grandfathered duplexes to be rebuilt
Summary
Staff presented TA-2602 to permit certain grandfathered duplexes and triplexes in single-family zones to be rebuilt on the same site, subject to setback and other non-density rules. Commissioners raised wording concerns that could negate the allowance and deferred the item for 60 days for clarification.
The Brookhaven Planning Commission on Wednesday deferred TA-2602, an ordinance intended to amend nonconforming-use rules so existing grandfathered duplexes in single-family zoning could be rebuilt or renovated while maintaining their multiunit use.
Staff explained the draft would allow grandfathered duplexes and triplexes to be rebuilt on the same site and maintain multiunit use but still meet other zoning conditions such as setbacks. "It has been recommended that we revise the nonconforming sections to at least allow those grandfathered duplexes to be allowed to rebuild, on that existing site and maintain the use as a duplex or a triplex," a staff member said.
Commissioners questioned a sentence in the draft that referred to replacement structures complying with district regulations; several commissioners warned the second sentence could be read to undo the first by preventing a full replacement. Commissioner Kevin Court suggested adding a clarifying phrase such as "replacement structures shall comply with all other regulations of the zoning district" to preserve intent, while Commissioner Matt Osucha and others said the sentence might be removed or reworded. Staff recommended deferring so attorneys and planners could "wordsmith" the language to preserve the ability to rebuild while ensuring finished replacement structures still fit within setback and other requirements.
Commissioner Kevin Court moved to defer consideration of TA-2602 for 60 days; Commissioner Matt Osucha seconded and the motion passed by voice vote. The commission directed staff to refine the language so the allowance to rebuild is clear and does not get nullified by a conflicting replacement-structure clause.
