Board allows commercial use at 24 Edwardsport Road with deed covenant to revert zoning if business stops

The municipal board approved a stipulation to allow limited commercial use at 24 Edwardsport Road, with a recorded covenant that will revert the parcel back to S-1 zoning if the business ceases or the property is sold.

The Chair introduced the case (B-1-25 / S-3-25) and explained that enlarging building footprints for commercial use can trigger the higher standard of a developmental variance under state law as discussed: "the strict application of zoning ordinance will result in practical difficulties for the use of the property by the owner," and that the board must ensure any variance meets criteria in the cited statute as spoken. Staff described the proposed addition as roughly 864 square feet and said it would extend toward Saint John's Road.

The applicant said she currently operates a pediatric clinic and preschool from rented space and needs to expand: "we're hoping to start in August," the applicant said, adding that the businesses have outgrown their current site. The board discussed alternatives including using existing facilities with a conditional use permit or granting a developmental variance with a recorded deed restriction that would prevent permanent spot zoning.

The Chair moved for a stipulation that "the developmental standards, will revert back to s 1 if the property is sold or the business has ceased to exist." A Committee member seconded the motion; the board called for voice votes and the motion carried. Staff advised that the applicant must record the covenant at the recorder's office before a building permit is issued and offered to prepare the recorded wording.