Man’s request to bring property up to code prompts broader rezoning

Published 12:00 am Wednesday, February 26, 2020

By Liz Moomey

SALISBURY — When returning to a rezoning for a residence on West Marsh Street Tuesday, the city’s planning board on Tuesday also chose to clean up zoning for a neighboring block. 

Silverio Confesor requested a rezoning from general residential to urban residential to bring a property at 506 W. Marsh St. into compliance. The property was built as a single-family home and later converted to a multifamily home. Confesor, who just closed on the property this month, wants to be able to rent out the two upstairs apartments.

In looking at Confesor’s property, city planning staff also looked at surrounding parcels, 524 and 526 S. Ellis St., which are duplexes and decided they should also be rezoned because of density. Staff recommended the entire block be cleaned up by rezoning to urban residential 512 S. Ellis St., 516 S. Ellis St. and 520 S. Ellis St. 

The urban residential zoning would allow up to six people living in one dwelling.

Staff also recommended rezoning 508 S. Fulton St. and 528 S. Fulton St. from general residential to historic residential, and the matter was turned into a city-initiated rezoning, said Development Services Manager Teresa Barringer.

Neighbor Barbara Sorel said Tuesday there doesn’t need to be any apartments in the neighborhood.

But Confesor said the second floor was already divided and done without proper permits. He wanted to bring it up to code.

“I want to do it the proper way,” Confesor said.

Harrison Smith, who lives at 528 S. Fulton St., asked questions about the impact rezoning to historic residential would have on his property.

Barringer answered housing services for the elderly would be the only service he wouldn’t have anymore. He would also have to request a special use permit or a conditional overlay if he wanted a second dwelling on his property, she said.

According to the land development ordinance, on one single parcel — no matter the district — there can only be one single family residential property.

The planning board unanimously recommended the eight-parcel rezoning. It will go up for approval at the March 17 city council meeting.

Other business:

• The board of adjustment waived a conflict of interest and allowed City Attorney Graham Corriher to appeal a variance.

At the Jan. 28 meeting, the board agreed to allow a variance for three homes, 923 N. Jackson St., 927 N. Jackson St., and 929 N. Jackson St., that were built on a flood plain.

Corriher was later notified by the state that the flood maps are being updated and the three homes would no longer be in a flood plain. He had two options for the city: to appeal the variance, which is a 30 day process, or wait for the maps to be updated in three to nine months.

Corriher had a conflict because he was in attendance at the board of adjustment meeting.