Cluster wins zoning variances
Unanimous vote to convert former mansion into offices, classrooms comes at end of late-night hearing
With two unanimous votes, the borough zoning hearing board approved both variances that will allow the Cluster of Religious Communities to use a former mansion on North Franklin Street as offices and classrooms.
Zoning board member Jay Harp confirmed the vote took place late Tuesday night after the second round of testimony in the case.
“The board felt the Cluster showed sufficient evidence for why the variances should be approved,” Harp told The Mercury on Wednesday.
The Cluster is a non-profit charitable organization that provides free food and clothing to the needy at its outreach center — located in the former American Legion hall at the corner of King and North Franklin streets.
In July 2015, the Cluster purchased the former Wainman mansion, built in 1887 at 61 N. Franklin St., for $105,000.
The Cluster said its intent in purchasing the building was to provide administrative offices, classroom space for the Bridges out of Poverty and UP3 programs, office space for the Housing Resource Center program, meeting space for the board and other staff and community meetings needed for the Cluster programs.
The building was removed from the tax rolls in late 2015 as the result of a decision by the Montgomery County Board of Assessment Appeals.
The Cluster’s offer to pay 25 percent of its borough tax bill did not convince the members of borough council to support the variances the Cluster sought from the zoning board to permit the group to use the building the way they envisioned.
In fact council voted to send a letter to the zoning board opposing the variance requests.
The Cluster found similar results when it also offered to pay a portion of its school tax bill and the school board also sent a letter to the zoning board, opposing the variance requests.
The most important of those variances was the “use variance,” given that the Traditional Neighborhood Zone in which both Cluster properties are located allows office uses, but specifically prohibits office uses for “client-based social service providers.”
In the first of the two zoning hearings last month, Cluster attorney Kenn Picardi attempted, unsuccessfully, to convince the zoning board that the Cluster’s proposed use for the building does not meet the ordinance’s definition of “client-based social service providers.”
At the subsequent hearing, the Cluster instead had to argue that a variance was needed because denying their request would create a financial hardship — one of the touchstones required for a variance.
Harp said the board agreed with the Cluster’s argument that no other use for the building was financially feasible, given its condition and location.
“I personally can’t think of a better use for it,” said Harp. “If (the Cluster) didn’t take it over, it just would have deteriorated further.”