Asbury Park Zoning Board Grapples with Driveway Encroachment and Property Improvement Variances
- Meeting Overview:
The Asbury Park Zoning Board meeting focused on a series of complex property issues, including a significant driveway encroachment concern and various improvement variances for residential properties. Members scrutinized applications that addressed both the practical needs of residents and adherence to zoning regulations, highlighting the balance between personal property enhancements and community standards.
A prominent discussion revolved around a driveway encroachment issue affecting a property owner and their neighbor. The board expressed concerns that approving the application could inadvertently validate the encroachment, which crosses into neighboring property without permission. The board emphasized that without an easement, the property owner could not legally utilize the neighboring land for the driveway. Members suggested reviewing a survey to clarify boundaries, noting the existing fence might straddle the property line.
The driveway was described as a new installation, with a concrete apron and a gravel surface extending into the neighboring property. Board members stressed the importance of resolving the encroachment before granting any approvals, warning that failure to do so could expose both the property owner and the city to potential legal disputes. It was suggested that the property owner engage with the neighbor to clarify ownership of the fence and acquire necessary permissions or easements to retain the driveway as it currently stood.
The board discussed potential resolutions, such as moving the fence or removing the gravel from the encroached area, though the practicality of these solutions was debated. The board highlighted that even if the driveway were technically usable, it would not comply with parking space regulations unless the encroachment was rectified.
In another significant agenda item, the board evaluated proposed renovations for a property on Summerfield Avenue. The owner sought approval for an extension to accommodate an elderly family member. The plan included creating a bedroom with direct access to a deck, which raised concerns about the unusual access arrangement. The board deliberated on the potential implications, including the risk of the property being converted into a single-room occupancy situation, which had been problematic in the past.
The owner clarified that the renovations were necessary due to their mother’s limited mobility and their need to relocate closer to work. They explained that the house had been rented out and was previously occupied by a Section 8 tenant. The board discussed the existing basement, noting that it was unsuitable for habitation due to its low ceiling height. Recommendations were made to improve the home’s livability, including considering central air conditioning.
The board also addressed the property’s driveway, which reportedly extended into an adjacent lot. This encroachment required attention to comply with zoning regulations. Members emphasized the importance of adhering to property lines and ensuring all modifications met zoning requirements.
Additionally, the meeting covered a property improvement application involving a three-story home, which included a patio and pool equipment requiring variances. The board deliberated on the layout, which proposed relocating HVAC equipment to comply with setback requirements. Concerns were raised regarding the potential impact on neighboring properties, with stormwater management being a key consideration.
The planner for this application testified that the improvements would enhance the property’s form and function. The variances sought included setbacks for the patio and HVAC equipment. Public comments supported the application, with neighbors noting minimal disturbance from the existing pool equipment. The board ultimately approved the application, acknowledging the applicant’s efforts to address raised concerns.
John Moor
Zoning Board Officials:
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
10/08/2024
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Recording Published:
10/09/2024
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Duration:
99 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Monmouth County
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Towns:
Asbury Park
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