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Zoning board denies Victory Homes’ variance request for 304 N. Perry Street
Summary
The Johnstown Zoning Board of Appeals voted 3-0 to deny Victory Homes USA’s request to convert a two-family home at 304 N. Perry Street into four dwelling units, citing no demonstrated hardship, incomplete architectural plans, inadequate parking, and life-safety concerns; applicant may return with revised plans.
The Johnstown Zoning Board of Appeals voted 3-0 on July 16 to deny a use variance requested by Victory Homes USA to convert 304 N. Perry Street from a two-family residence into a four-family dwelling. Board Member Robert Salamack moved to deny the variance; Board Member Robert Gallt seconded the motion, which carried with Board Members Salamack, Gallt and Rocco Semprivio voting aye and Board Member Judy Swatt recorded as absent.
Board members said the application failed to demonstrate the statutory hardship required for a use variance. They also noted the applicant did not submit a complete set of architectural and construction plans: the drawings provided referenced additional pages that were not included, preventing staff and the Board from fully evaluating layout, fire separations, means of egress, and overall life-safety compliance. The Code Enforcement representative, James McCredie, advised that complete plans are necessary to determine whether the proposed conversion would meet applicable building and fire codes and that, if a variance were granted, the project would require subsequent Planning Board site-plan review.
The Board cited parking as a separate and decisive factor. Under City Code, the Board said, parking requirements approximate 1.5 spaces per dwelling unit, which would require six spaces for four units; the submitted site plan showed four parking spaces. Members expressed concern that expanding parking into the front yard to reach the required number would harm the residential character of the neighborhood. Board members also raised questions about electrical and plumbing upgrades, fire separation and possible sprinkler requirements, emergency egress for each unit, and accessibility obligations including a handicapped-accessible parking space and an accessible first-floor unit.
After the vote, the applicant asked whether permits could still be obtained to renovate the existing two-family dwelling, including adding additional bathrooms. McCredie said the City requires complete plans for the entire project before issuing permits and explained that comprehensive plans help ensure code compliance and reduce the risk of costly revisions during construction. The applicant indicated he would review the project and consider returning with revised, complete plans.
The board also approved the May 21, 2026 meeting minutes earlier in the session by a 3-0 vote. The Zoning Board adjourned at 4:02 p.m.
