Cape May Zoning Board Upholds Zoning Officer’s Decision on Garage Conversion

The Cape May Zoning Board upheld a zoning officer’s decision regarding a property on Maryland Avenue, which involved the contentious conversion of a detached garage into an outbuilding. The board determined that modifications to the structure, including insulation and drywall installation, implied an intent for human occupancy, thus classifying it as habitable space under local zoning regulations.

The primary focus of the meeting was the appeal against the zoning officer’s decision to classify the modified structure as intended for human habitation. The property owner argued that the removal of the garage door and the installation of a regular door did not constitute a change in use, asserting that the building was never intended to serve as a habitable space. The owner emphasized that the structure lacked essential facilities such as plumbing or cooking amenities and maintained that it was merely a space for storage and workshop activities.

The board heard testimony from an architect who confirmed that the modifications did not include creating a living area. The architect stated, “It lacks all of those key elements that would make it suitable for habitation or for living accommodations.” The property’s defender also noted that the structure had always been insulated, and the changes were primarily cosmetic, such as replacing roof shingles and updating siding.

Despite these arguments, the zoning officer’s report highlighted that the interior modifications, including the addition of partition walls and insulation, contributed to the perception that the space was intended for human occupancy. This classification was central to the board’s deliberations, as it influenced whether the structure required a variance.

The meeting included a review of submitted plans and photographs detailing the building’s layout, with discussions focusing on the zoning ordinance’s definitions of habitable space and human occupancy. The board grappled with the differences between a garage and an outbuilding, debating whether the removal of the garage door, alongside other changes, disqualified the building from its original classification as a detached garage.

Concerns were raised about the implications of allowing such conversions, with community members voicing fears that it would set a precedent for similar modifications that could lead to unsuitable uses of accessory structures. One participant warned, “They can put bars back there… they can put a bed in there,” encapsulating the apprehension surrounding the potential for non-compliant uses of such spaces.

The board also discussed the necessity of adhering to setback requirements, which differ between garages and outbuildings. The conversion’s impact on parking standards was a point of contention, as the garage space was originally counted towards the parking requirements for the property.

The decision to uphold the zoning officer’s ruling was influenced by the interpretation of the ordinance, which defines habitable areas as enclosed spaces intended for human occupancy. The board concluded that the changes made to the structure fell within this definition, necessitating a variance for its continued use.

The ruling highlights the ongoing challenges faced by zoning boards in balancing property owners’ intentions with community standards and regulatory frameworks.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Zachary Mullock
Zoning Board Officials:
Norman Ledwin, Mary Notch, Stacy Sheehan, Sam Venuto, Timothy Walsh, Theresa Werner, Marvin Zektzer, Michael Yeager, Sarah Stevenson, Karen Keenan (Secretary)

Receive debriefs about local meetings in your inbox weekly:

Trending meetings
across the country:

Meeting Date
Filter by bodytypes
Agricultural Advisory Committee
Airport Advisory Board
Art and Culture Board
Beach Committee
Bike and Pedestrian Advisory Committee
Board of Elections
Board of Health
Building Committee
Cannabis Control Board
Cemetery Commission
Charter Revision Commission
Child and Family Services Board
City Council
City Identity Committee
Code Enforcement Board
College Board of Trustees
Community Appearance Board
Community Preservation Committee
Community Redevelopment Agency
Congressional Committee
County Council
Disability Advisory Committee
Economic Development Board
Elderly Affairs Board
Electric Advisory Board
Environmental Commission
Financial Oversight Board
Historic Preservation Commission
Housing Authority
Human Relations Committee
Human Resources Committee
Insurance Fund
Land Use Board
Library Board
Licensing Board
Mental Health Commission
Municipal Alliance
Open Space Commission
Oversight and Review Committee
Parent Advisory Board
Parking Authority
Parks and Gardens Commission
Parks Commission
Pension Board
Planning Board
Police Review Board
Port Authority
Property Assessment Board
Public Safety Committee
Recreation Commission
Redevelopment Agency
Rent Control Board
Rent Leveling Board
School Board
Sewerage Authority
Shade Tree Commission
Special Magistrate
State Legislative Committee
State School Board
Taxation & Revenue Advisory Committee
Tourism Board
Trails Committee
Transportation Board
Utility Board
Value Adjustment Board
Veterans Committee
Water Control Board
Women's Advisory Committee
Youth Advisory Committee
Zoning Board
Filter by County
AZ
Maricopa County
CA
Alameda County
Los Angeles County
Orange County
San Bernardino County
San Francisco County
CO
Adams County
Arapahoe County
Boulder County
Denver County
Douglas County
El Paso County
Elbert County
Garfield County
Jefferson County
Larimer County
Mesa County
Montezuma County
Montrose County
Pueblo County
Teller County
Weld County
FL
Bay County
Bradford County
Brevard County
Broward County
Clay County
Duval County
Escambia County
Gulf County
Hendry County
Highlands County
Hillsborough County
Indian River County
Lake County
Lee County
Leon County
Levy County
Liberty County
Manatee County
Marion County
Martin County
Miami-Dade County
Monroe County
Okaloosa County
Orange County
Osceola County
Palm Beach County
Pasco County
Pinellas County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St. Johns County
Taylor County
Volusia County
Walton County
IL
Cook County
Kane
Kane County
Mchenry
IN
Elkhart County
Gibson County
Hamilton County
Hendricks County
Johnson County
Marion County
Marshall County
Miami County
Porter County
St Joseph County
KS
Wyandotte County
MA
Barnstable County
Berkshire County
Bristol County
Essex County
Franklin County
Hampden County
Hampshire County
Middlesex County
Norfolk County
Plymouth County
Suffolk County
Worcester County
MD
Montgomery County
MI
Berrien County
Genesee County
Grand Traverse County
Ingham County
Kent County
Macomb County
Oakland County
Washtenaw County
Wayne County
MN
Anoka County
Becker County
Beltrami County
Benton County
Blue Earth County
Brown County
Carver County
Cass County
Chippewa County
Chisago County
Clay County
Cook County
Crow Wing County
Dakota County
Dodge County
Fillmore County
Freeborn County
Goodhue County
Grant County
Hennepin County
Isanti County
Itasca County
Kanabec County
Kandiyohi County
Koochiching County
Lac Qui Parle County
Lyon County
Mcleod County
Morrison County
Mower County
Nicollet County
Norman County
Olmsted County
Pine County
Pipestone County
Polk County
Ramsey County
Rice County
Scott County
Sherburne County
Sibley County
St Louis County
Stearns County
Steele County
Wabasha County
Waseca County
Washington County
Winona County
Wright County
MO
Jackson County
nan
Collin
Dallas
Denton
Ellis
Erath
Hood
Hunt
Johnson
Kaufman
Navarro
PaloPinto
Parker
Rockwall
Somervell
Tarrant
Wise County
NJ
Atlantic County
Bergen County
Burlington County
Camden County
Cape May County
Cumberland County
Essex County
Gloucester County
Hudson County
Hunterdon County
Mercer County
Middlesex County
Monmouth County
Morris County
Ocean County
Passaic County
Somerset County
Sussex County
Union County
Warren County
NY
Bronx County
Kings County
New York County
Queens County
Richmond County
PA
Allegheny County
Philadelphia City County
TN
Madison County
Montgomery County
Rutherford County
Shelby County
Williamson County
TX
Collin
Dallas
Dallas County
Denton
Ellis
Erath
Harris County
Hood
Hunt
Johnson
Kaufman
Navarro
PaloPinto
Parker
Rockwall
Somervell
Tarrant
Tarrant County
Wise County
VA
Albemarle County
Fairfax County
Loudoun County
Filter by sourcetypes
Minutes
Recording