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Board unanimously approves accessory residential unit at 2 Blackbird Lane to house elderly relative
Summary
The York Board of Appeals granted a special exception under section 7.9 to allow an accessory residential unit (ARU) of 725 sq ft at 2 Blackbird Lane to accommodate the applicant’s 90‑year‑old father‑in‑law; the vote was 5‑0 and the board directed recording of the approval and annual occupancy certification.
The York Board of Appeals on June 24 unanimously approved a special exception under section 7.9 to permit an accessory residential unit (ARU) at 2 Blackbird Lane.
Property owner Andrew Beal described the request as a family‑care measure: the ARU would convert the conditioned first‑floor space of an existing two‑story building (previously a garage) to house his 90‑year‑old father‑in‑law. Beal said the first‑floor area in question is 725 square feet and that the unit meets the ordinance criteria for family occupancy under section 7.9.
Harry Norton, director of code enforcement, reviewed the section 7.9 requirements and confirmed ARU and ADU provisions are distinct in the ordinance and that the application fits the family‑care purpose of the ARU rules. Norton explained post‑approval safeguards: the board’s written approval must be recorded in the York County Registry of Deeds to ensure the duration limit is noted in the chain of title, and the code officer may require annual certification to confirm continued compliance with occupancy conditions.
No members of the public spoke on the application. After brief board discussion and confirmation of square footage, a motion to grant the special exception was made, seconded and approved by a 5‑0 vote. The board instructed staff to prepare the written certification for recording at the registry of deeds and noted that the ARU must be removed or reapproved if the specified occupant no longer resides there, consistent with the ordinance.
Next steps: staff will prepare the approval document for recording; the applicant will proceed with any necessary permits and must provide annual certification of occupancy to the code enforcement officer per the approval conditions.
