Spring Break
City denies Phi Psi, sides with neighbors
Issue date: 4/19/07
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Phi Kappa Psi Maryland Alpha lost an appeal to continue use of their house at 3906 Canterbury Rd. as a fraternity on Tuesday, in which the Board of Municipal and Zoning Appeals unanimously ruled that the house was effectively abandoned and was not compatible with the neighborhood.
Representatives for the fraternity, which has owned the house for over 30 years, expressed deep dissatisfaction with the results of their appeal.
"I'm disappointed. I thought the fraternity presented a clear case," said Herbert Burgunder III, the legal representative for the holding company that owns the house and property. He presented the case in a two-hour debate before the board that pitted representatives of the fraternity, commonly known as Phi Psi, against several community members and neighbors to the property.
Under current zoning regulations, fraternity buildings are not allowed in the zone in which the Tuscany-Canterbury neighborhood is located. The Phi Psi house was exempt from the code because it has existed as a fraternity residence since 1961, before the restriction was enacted. According to Baltimore zoning code, the classification of the house as a "nonconforming structure" was dependent upon "existing use of a structure or of land that does not conform to the applicable use regulations of the district in which it is located."
Since the board ruled that the house was abandoned, it lost its status as a nonconforming property. The board was legally able to grant extended time during which repairs could be made and occupancy could be resumed, but ruled that incompatibility with the neighborhood did not merit reinstating it.
Neighbors testified that they had not seen evidence of anyone residing in the building since early July 2005. Ralph Kurtz, who lives across from the house, testified that he was told on July 2, 2005, by the fraternity president that the fraternity was vacating the property.
Hopkins graduate Benjamin Gibbs, president of the alumni-run holding company responsible for the property, stated that the building was "used for fraternity purposes," such as basketball games or as a meeting place before philanthropic events, up until Oct. 10, 2005.
Representatives for the fraternity, which has owned the house for over 30 years, expressed deep dissatisfaction with the results of their appeal.
"I'm disappointed. I thought the fraternity presented a clear case," said Herbert Burgunder III, the legal representative for the holding company that owns the house and property. He presented the case in a two-hour debate before the board that pitted representatives of the fraternity, commonly known as Phi Psi, against several community members and neighbors to the property.
Under current zoning regulations, fraternity buildings are not allowed in the zone in which the Tuscany-Canterbury neighborhood is located. The Phi Psi house was exempt from the code because it has existed as a fraternity residence since 1961, before the restriction was enacted. According to Baltimore zoning code, the classification of the house as a "nonconforming structure" was dependent upon "existing use of a structure or of land that does not conform to the applicable use regulations of the district in which it is located."
Since the board ruled that the house was abandoned, it lost its status as a nonconforming property. The board was legally able to grant extended time during which repairs could be made and occupancy could be resumed, but ruled that incompatibility with the neighborhood did not merit reinstating it.
Neighbors testified that they had not seen evidence of anyone residing in the building since early July 2005. Ralph Kurtz, who lives across from the house, testified that he was told on July 2, 2005, by the fraternity president that the fraternity was vacating the property.
Hopkins graduate Benjamin Gibbs, president of the alumni-run holding company responsible for the property, stated that the building was "used for fraternity purposes," such as basketball games or as a meeting place before philanthropic events, up until Oct. 10, 2005.
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