Peru board approves parking variance for five apartments at 52–54 South Broadway despite litigation concerns

The Peru Zoning Board voted to grant a parking variance for five apartments planned at 52–54 South Broadway, resolving a recurring downtown parking question while prompting debate about legal risk.

Jeremy Bridal, the applicant, told the board the downstairs commercial spaces will remain as previously configured and that the project will keep five apartments upstairs. "It's gonna be the same commercial units, size, everything that it's always been in," Bridal said when describing the proposal and adding that no restaurant or food service is planned for the ground floor.

Board members discussed municipal parking constraints and the differing parking requirements for retail versus residential units; the ordinance calls for two parking spaces per apartment. One committee member warned that granting the variance could expose the city to civil litigation from nearby businesses that rely on on-street parking, while others noted enforcement of two-hour signs is inconsistent.

The chair and other members also reviewed competing legal interpretations about whether a building’s prior use remains 'grandfathered' after a period of vacancy. The chair said the city attorney considers the city’s position defensible and, if sued, the city attorney would defend any legal challenge.

After discussion, a motion to grant the variance for the apartments passed on roll call with one recorded 'No' vote. The chair clarified the approval applies only to the upstairs apartments; any change in the downstairs commercial use that triggers different parking requirements (for instance, a restaurant) would require a separate zoning application.