meaning with the flag salute flag States okay roll call Tom Collins here Craig palano here Richard Patterson John pits here Jim gtino Margaret Gober Steven ji here Michael ruffu Andrew Campbell Michael Richmond here okay this meeting is being held in accordance with New Jersey statute requirements of the open public meetings act Sunshine Law notice of this meeting has been advertised in the press and posted on the Bolton board in the municipal building all applicants are hereby advised that if you receive board approval tonight you must come forward and sign a form outlining the procedures for obtaining building permits and mercan licenses at the conclusion of your case tonight please approach the board administrator to sign the provided information sheet okay so first thing we're going to do is approval of minutes for the meeting of May 30th 2024 I'll second all in favor I okay secondly is approval of decisions or resolutions all right number number 21 2024 109 South argar LLC number 22224 Michael and Stephanie scalini and number 23 2024 morgie Berger LLC I'll make all in favor okay all right our first case tonight is oh yeah just just a couple of announcements uh couple changes to the agenda the application of uh Janet McCaron 215 North dear Avenue block 425 clot 140 um is not going to be heard tonight that's going to be postponed to July 25th 2024 uh 6:30 p.m. in this room the applicant will not be required to Ren notice or read vertise and then also the Miller application at 16 South thurlo Avenue block 121 lot 18 uh that's also if anyone's got a notice in the mail for that and is here that's also going to be carried to July 25th 2024 6:30 p.m. in this room the applicant will not be required to republish or Reen notice so I don't want anyone to sit around and just to find that out um so that leaves two two matters on our agenda and I can get uh Mr McLaren sworn in Mr McLaren please raise your right hand you swear from the testimony you'll give throughout this evening it'll be the truth you do thank you all right okay the first case is Keith feain and Maria lenti Fain okay 406 North Delan Avenue block 64.3 lot 16 located in the s 40 zoning District seeking SE variant relief for front setb back building front setback porch and potentially others in order to construct a new single family home current on taxes Water and Sewer payments proof of advertising and notifications provided represented by Kevin J Dixon that would be me Mr chairman right shall I proceed sure uh thank you actually I'm gon I'll off sorry real quick yeah Mr Dixon he'll do a a quick overview and then we get you sworn in thank thank you Mr chairman board members the report is based on the the application of Keith ban and Maria LED F at 406 North Delan Avenue block 60 4.03 lot 18 S40 zoning District Fone AE elevation 8 again we have the option of the minimum floor elevation of 8 plus three or finish grade up 9 ft off from grade but parking below background is follows the applicant is seeking relief from the ordinances of the city in Margate in order to construct a new single family dring that needs front yard setback relief for principal building and Fortune setbacks deem complete and it's a hard C1 and C2 criteria must be met Zing chart is on page two continued on page three I just want to go over a couple things real quick the use is permitted minimum lot area 4,000 square ft is being met by the lot having 4550 Square ft lot width is being 50 ft required 70 ft is proposed and existing lot depth is not a requirement but it is 65 ft so I just want to point out that the lot is wider than it is he continue on page three is the continuation of the zoning chart and all other requirements are being met besides the other than the front yard setback to the house and the porch again the documents reviewed on section two on page four plans reviewed two plans a a survey and a variance plan prepared by Mr Dixon so the variance is required as follow as front yard set back to the building whereas prevailing front yard setback is 24.9 fet 15.9 Ft 991 ft exists on a house that was now demoed and 24.5 feet is proposed again it's they're seeking relief of 4/10 of a foot front yard set back to the deck whereas prevailing front yard set back is 20.8 ft and 16.5 feet is proposed again so the the front yard setback to the deck is actually less than the front yard setback to the house that was Prior there before and all the non-conformities that existed in the house before being eradicated and removed so I I really have no nothing the substance to report to the board other than this is a another function of the prevailing front yard set pack requirements and here they are so turn all right Mr Dixon just give us uh your name and business address and I'll get you sworn in Kevin Dixon uh Dixon Associates 313 Jimmy Le Road in Galloway Township New Jersey okay please raise your right hand you swear airm the testimony you'll give this evening will be the truth I do and you're an engineering planner in the state of New Jersey licensed since 1984 engineering 1986 planning have performed uh numerous countless really uh Land Development projects in in and around County K May areas satisfied to accept his credentials okay thank you uh good evening chairman board members professionals administrator U thank you for hearing us tonight I am uh here to make a presentation of a variance request as you heard from Mr McLaren for a front yard setback for principal structure as well as front yard setback requirement or variant for for the porch now I have with me tonight the applicant Keith Fain and his wife Maria ledy Fain they are here as along with some neighbors Mr bustler is beside them he is their Builder here to answer any questions um please feel free to uh ask them any specifics but I think what we have before you tonight is fairly straightforward it is a a variance under your ordinance requiring a front yard setback that is known a prevailing front yard setback and that is uh arrived at by mathematically by comparing the front setbacks to the properties within 200 feet and the spirit of that seems to me to be very reasonable in that it is intended to be uh promote construction of a structure that is consistent with the neighborhood because you're comparing the structure to the surrounding proper and that and you are trying to stay within that uh that range of of values what we have with respect to the present situation is a home that has been demoed uh the home was expansive in the sense that it was pushing the limits of it was a number of existing non-conformities and it also was dilapidated and it was an i and really needed to come down I think we may hear from some of the neighbors tonight uh that they were they were pleased to see it Go apparently there's a very nice gentleman living in there but the house itself needs to go and so if I could just run through that very quickly Mr McLaren did a his usual thorough job I'm going to try to be very concise but very thorough and laying down the proof for you tonight uh the existing condition was a 15.7 fo front yard setback where 24.9 uh was required both the proposed front yard front face of the dwelling unit as well as front face of the porch both exceed that setback although we need relief for both of those the existing condition with regard to uh the sidey setbacks was 10.8 ft and 2T on the side where of 22 and 10t is required uh we meet that we have a 10 foot set back on one side and a 12T set back on on the other side we meet the minimum on one side and we have the meet the minimum total for both sides the rear yard setback the requirement is 13 ft previous structure was 0.9 ft off the rear property line uh this proposes 13 ft uh finally building coverage previous uh property uh configuration was 36 well requirement is 32.25 previous property was 36.7 again an existing nonconformity and uh the proposal is for 29% 29% is interesting because what I've just laid out for you is a set of uh dimensions of this building the proposed building the setbacks they're they're at the setbacks on the sides that in the RO and so the only setback that is non-conforming in this proposal is the front if you if you built this building within the existing setback requirements you could not meet the coverage requirement we're at 29% right now we we couldn't add uh enough building area to meet the coverage in other words if we would be over the coverage reement if we stay within the limits of the setx we we cannot even meet the coverage requirements and that forms the basis for the argument the first argument and that's the C1 argument as you know C1 variance is a hardship variance C2 variance is a what they call a flexible C where where we're going to hopefully convince you that the benefits outweigh the detriments so by way of orientation to the site um make sure you're picking me up on the on the recording the microphone good it's not working that one works one right in front of you as you can see the uh this is the same plan what I'm looking at right now is sheet one of one called variance plan lot 16 block 60403 this is the same plan that was submitted to the board for your review and you should have that plan right in front of you at the moment uh what we show on that is we thought the best way to show that would be an aerial view because the front setback is based on the prevailing setback and as you can see visually uh the setbacks for both the home and the porch are very consistent with the streets that are on the Block and there's no it's not excessive reach uh for the non-conformity that's being proposed and it's less than what was there the drawing um you're showing the porch at 16.5 ft back the white the white drawing there right for 16.5 now lot 15 to the left it's showing the house at 25 ft so if the house is 25 ft back that show to PCH back further than the house is that right that's a great question we we pulled that off the survey this is these are the survey numbers that were given to us by the surve when he see that I do see that as well and and I don't know I was just looking at the schedule of all those setbacks of the houses and your house there on that picture is out further than the POR at 16.5 you're right I see it okay all right and I and I no answer for it I don't okay but I do want to point out that the if you see you can see it visually that they are consistent even even a little bit maybe even further back house our our Dimensions we were very careful and double and triple check those Dimensions so we know that that's been F uh so where we are is that Mr Mrs Fain would like to build this house next door to their daughter Jess who lives at 408 North Delan and Miss Fain is uh is here today and uh and supportive of the application so their goal is to build their retirement home they both retired and would like to become residents of Market uh so to do so they worked very diligently with their Builder modular company and try to fit an appropriate home for their lifestyle and their needs it's a very mod home very reasonable home they will be uh parking under the home so they will be able to meet the Finish floor requirement should they be forunate enough to so you have no you have no proposed drawings for the shows right the home for the house itself yes we do not I do no we are we are strictly U the problem you have is that when you come to this board and you were saying your first premise was that you want to keep the neighborhood the same but you're asking us to approve something and we have no idea what you're putting in you could put in a monster of a house that doesn't even fit the neighborhood so you're basically saying oh well let's just approve the land but what are we approve you're not really giving us a lot of information and if I might I know he's not sworn in yet but I'd like to ask Michael buser a question if you want all right um Mr bustler just give us your name and address please uh Michael bustler 209 North Harvard Avenue andar and Mr bustler please raise your right hand you swear affirm the testimony you're about to give will be the truth I do thanks Michael just a quick question and maybe I just got the answer already but I was thinking this before has any attempt been made to eliminate the building variance for five to 10 or four10 of a foot about inches I'm when he said it's a modular building I'm wondering if that's restricting you if that's the reason you are well the the boxes are a certain uh width and you know there's two of them that that go together so that that I'm not sure how but has anybody even looked it why I mean 410 of a foot is nothing then you then you're down to just a front porch variant which is not a you could do that it sort of throws things off with the modular you know boxes are 13 fo I think we're good throw thank you am I going a mik like is it two stories or two and a half stories uh it's one story and then there's a second story that's not as big as the first store so no third floor no no no third floor no elevators none of that so uh as I typically do these houses I build the garage on grade set the Moder on top so it's got um a full the second story is a little bit smaller than the first story and there is no third Story how many bedrooms is there uh four bedrooms oh three bedrooms I'm sorry three bedrooms and how many um there's two in the garage and two in front okay and is it is the style going to be more of like a um what are you use for the exterior siding vinyl vinyl actually we do have some pictures there's a rendering yeah well I didn't get it it's a lot more important for us to see you know visual I mean we can read plans real easy but we like have plan series we're just looking at a survey I I'll note the uh A1 is the the rendering I guess we'll call it I'll call that A1 your plan that's part of the pack and then then I'll call A2 this uh modu rendering it's being passed around de if when he brought up that the house next door really isn't 25 ft if that was if that was correct if the number was correct would that alter your prevailing setback it would favorably yes that's what I mean I mean have 25t there what do you what do you say the house next survey not survey shows of so it's really only about 15t right well that throws off the 200 yeah you can see it right on the I mean it's yeah something's weird something's not right Michael right that's what I mean basically this is above the parking that's the story and a half above the par obvious oh yeah 25 the next it's your unless 25 either way getting back to what um Tom said and I I I agree with you is there can can everybody uh listen to me um but I I think that first of all it's a small house and I think that the rendering at least gives you a better idea what we talk it's only what is it three bedrooms you have four parking spots it's back on man you know it's got the poring underneath dis is my opinion I think I think that this rendering definitely helps yeah may I say something I said there was no elevator there is an elevator that's I just want to make everybody I have just a few more Pro to lay down sir yes that's all right shall proceed go ahead just want to go through the the criteria as Mr McLaren indicated the C1 C2 criteria on the hardship we wanted to we basically want to say that uh by reason of uh exceptional narrowness shallowness or shape of a specific piece of property uh this project would qualify for a part of variance as Mr McLaren indicated it's actually wider than it is deep uh the house as you had just seen is a very reasonable as I said modest house that is fits right to the setbacks and the sides and the rear and uh uh you know it's basically porch or no porch barely fits within the front yard set back and then there would be no porch I think the porch would be an attractive feature obviously would be consistent with uh the neighborhood and attractive upgrade to what was there what was there was a dilapidated house what is there now is C vacan lot so in either case that would be good Civic design Creative Design that would enhance the neighborhood by uh bringing a a new home into the neighborhood so we have both the C1 and the C2 criteria there the hardship and the benefits outweighing uh the uh the detriment I really don't see a detriment uh to building the home here it's not as if this will be precedent setting it's not as if it is inconsistent with the neighborhood so I I believe the C2 in my opinion is is I also want to go through very quickly the purposes of the act that would be Advanced uh the neighbor purpose a is to encourage Municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote the public health safety morals and general we as I just said it's U the neighborhood's well served by by bringing in the a new dwelling to to fill in a vacant lot uh to provide adequate an open space is purpose C uh the project obviously will reduce the non-conforming uh setbacks uh it's certainly going to be less light air in open space than a vacant lot but when we combine that the benefit of having a home uh that's rather than a vacant lot of the home proposed is certainly an improvement over uh what was there before and the the demolition of that home was certainly a service to the neighbors they were um as I've Been Told by them they were pleased that it was removed uh and also the pro uh purpose e promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of person's neighborhoods communities and regions and preservation of the environment of course the site is zoned it's appropriate use is permitted and it's appropriately located in this in this region so um we believe the benefits currently any detriment and that uh the project would Advance the purposes of zoning we want to touch upon the touch upon the negative criteria and we need to show that this variance can be granted without substantial detriment to the public good nor substantial impairment to the intent and purpose of the Zone plan own I would Point directly to the master plan the master plan the latest 2016 Master Plan update talks about the S40 District the S40 district is is identified um in there specifically and I would say that there are there are no um no changes recommended to this District in that Master Plan uh but the zoning in the master plan has a minimum setback of five feet now the the front yard said that now we're dealing with a prevailing yard set back but we recognize that the zoning allows something as close to the property line as 5T so I think it's safe to say that if the board were to Grant those variants it it does fall within the U within the four corners of the intent and purpose of the Zone plan and zoning ordinance given the language of the ordinance and the reflection in the master plan that they they did not that Master Plan update did not recommend changing that understand it's intended to be changed uh in the near future or whenever that may occur but for that matter it's not it's not a matter of whether or not this particular application Falls within the four corners of that uh the Zone plan and Zone ordinance it clearly does so with that in mind I would uh and and with regard to the public building the neighbors are in support they're here you're going to hear from them uh so typically that is a criteria that you're looking for noise light pollution litter traffic uh fumes that kind of thing and none of that is taking place this is a single family home just like all the single family homes on the lot and the neighbors are welcoming it with open arms so I would say that there's no detriment to the public that meets the intent and purpose of own plan and Zing orans the benefits outweigh the detriment and clearly exists based on the lot size and and the dimensions of the setbacks that are in the that's all I have any questions that the board I've got a quick question I think you stated already but just reiterate the the drawing you have behind you there it's drawn to scale right it is yes thank you anybody else from the board anyone from the public like to speak yeah just give us your name and address and I won't make you raise your right hand okay very good uh David McGinley at 407 North Delan 407 we're directly across the street David McGinley Mr McGinley do you swear affirm the testimony you're about to give will be the truth I do thank you um no all we'd like to say is we're looking forward to it actually looking forward to having uh Keith Murray in the neighborhood but uh as you guys stated ear that the property across the street I had been there 20 years and I recognized a gentleman who lived there Mr Camp had you know was elderly and didn't have the means to really um take care of the property properly we did as much as we could to help him ourselves but I recognized that it was in a state of dis repair and they needed a lot of work so um after he had passed and they purchased the property it was good that it was it was taken down so it wouldn't fall in any more disrepair or have issues um in the neighborhood and again I I also think that what they have proposed is is really uh in line with the other properties of the neighborhood it's not like small house small house monster house you know it's h it's going to fit right in I think the offsets are probably uh as you said I think almost every property along that Street's 15 16 feet back with their porches Etc so it's right in L so we're actually looking forward to it and I think it's going to be good addition toks anyone else Jessica feain 408 North Delan all right Miss F you swear to tell the truth I do thank you uh I'm pretty sure my parents would murder me if I didn't speak since I asked them to move next door um uh going off of what Dave said the homes in the neighborhood to include mine um mine uh 40 404 and 407 are actually all uh have a second story so again it would be uh right in line um it does seem that on our block uh there are some more homes slowly popping up that are uh a little bit bigger than the original Cape Cod um but it is nice to see um so I I think it would be really beneficial to have something there other than what's currently there is a lot that I mow weekly um but uh no ser seriously it would it would be really nice to have everything because if not we're going high low high low would actually kind of uh blend everything together so I appreciate your time thank you I didn't prepare anything but Willie jacovini 403 North Delan Avenue uh raised your right hand oh sorry Jack do you swear from the testimony you're about to give be the truth I swear I'm going on presumption that they're not going to out overshadow the daughter's house right next door uh they're going to be great addition in the neighborhood so I have no objections that's all I got anybody else okay public portion is closed oh I'm sorry go ahead be have the board I was I was before this board 34 years ago I just by myself what's your what's your name sir benley and no objection swear to tell the truth okay good yes no objection okay anybody else uh anything else from the board okay yeah if there's nothing else it's a c variance application there's two two variances I'll uh summarize them then we'll need a motion in a second there's a front yard set back to the building they're proposing 24.5 ft and that average prop prevailing number they came to was 24.9 ft and then there's the front yard set back to the porch or the the front deck which is 16 .5 ft is proposed and 20.8 ft is the prevailing requirement in terms of conditions we'll just not the standard ones that anything in Mr mcclaren's report unless otherwise addressed any outside approvals that may be necessary and uh any representations made by the applicant during the course of the hearing just the standard conditions we put in every resolution I'll make that motion Tom Collins um after going through the presentation uh I really don't feel that this meets a C1 hardship there in uh however I do feel that it does meet the C2 uh I think you're promoting a neighborhood pattern I think you're improving the neighborhood um and you're going to have the best protected house on the second best protected house on the Block not the first second so I vot Michael Richmond yeah I mean looking at the um uh house on the lot it just seems like it's a small house it just I know it's it's tight on the setbacks but it doesn't look that way you got a 24 and 1/2 foot setback to the house and then you got the small porch which is only 16 but there's really a lot of space in the front a lot lot of light and open air uh you got big set on the side yard 13 ft it is a little tight in the back but it meets the uh requirement um and like I said after seeing the uh rendering I think it's a good project that I'm going to vote for Stephen ji I like the project I think it meet everything thing and I think that there's a u I think there's a flaw on some of this math that's up in that one corner but it seems you're building a a not a giant house in a small neighborhood I I think it's just perfect for it I really like it I think it's a good idea so I approve John pittz uh yeah really nothing to add based on what everyone else has said so I approve Craig Pano yeah going to be a nice Improvement to the neighborhood and fit right in with everybody there and I approve Richard Patterson I agree with chairman uh Richmond's comments I approve the application is approved with six in favor and zero oppos made the case will yeah it's right here okay was a clean all right our next case is Mark Rust and chrisy Reed Russ 312 North Lancaster Avenue block 5 13.01 lot 15 located in the S40 zoning District seeking a c variance relief for shed size P accessory structure a lot Landscaping setback potentially others in order to rebuild and existing shed Kent on taxes wter and Sewer payments proof of AD advertising and notifications provid thank you Mr chairman uh the report is basic it's the application of Mark Rusk and Christy R 312 North Lancaster Avenue block 5 13.01 L 15 located in the S40 zoning District to conceive errant is a hardship and substantial benefit mainly substantial benefit so there are four variances identified one is accessory structured for the height whereas a maximum permitted height is 9 fet and 12 heat is proposed also the setback accessory structure where as minimum side and re setback is 1 fet and zero feet is proposed one ft is required one foot accessory structure for area whereas the maximum permitted area for said shed is 80 square feet and 128 sare F feet is proposed also for landscape coverage obviously you have a larger shed than what was there before landscape coverage goes down so they need 35% and the final will be around 30.5% that's a round number I'm not sure of the exact number but it is less than 35% so that's uh that's all my report good evening so this you you're Mr Rusk I am okay I'm just G to get you sworn in just uh Your Mark Ross 3 312 North Lon Caster uh please raise your right hand you swear from the testimony you'll give this evening it'll be the truth I do okay great thank you so gentlemen this was not when we actually purchased it and what I understand from my neighbors that lived there a long time the house that's directly behind it 856 Fremont was actually part of that property and someone at some point in life thought it'd be a great idea to destroy the garage that was really there and make two homes so both those lots unfortunately are not conforming so it kind of is what it is and then uh in our wisdom to uh make the shed better and increase it to put all the craft to your family in um I got a little over zealous man down it was U the existing footing that were there 6X sixes I reutilized those and C down the fence but um I was unaware that it had to be the setback had to be there in a size requirement but to be honest when I did a simple Google search and wrote a script there was about 63% of the sheds in Margate including for City Margate sheds like the pickle ball shed that they put up are all non-conforming now I'm wrong I know I'm wrong but I I believe it's in character with the rest of Margate now the ordinance I mean I would suggest the board recommend that the legislature look at the ordinance and maybe the ordinance either be increased a little bit or or not but a significant amount of Margate that's what all the pictures on the back are and I have pictures of the actual pickle ball shed that was you know just put in recently that also violates everything that I violate um we're not right none of us are right the ordinances are done for a reason Mr McLaren I mean sure sits there for years to try to figure out what the right thing to do is but maybe someone needs to revisit that I believe the shed I have is in character if being know too close my neighbor Patty right behind me she's G she going to tell you herself it's too close but I thought about the water problem I added a six inch Gutter and I think I realized what caused it but if I I think I have a plan to move the shed over I believe I can get it over with the right piece of equipment I I col some other people that would do it and what even Patty mentioned was why didn't you put it in front of the driveway strips being a guy I guess I didn't think about that or see that it probably would have been aesthetically better um so moving it over I believe to me accomplished Jay my neighbor I have a letter from him he would prefer that the back step back isn't move because he kind of likes holding all his rocks in and you know giv his more privacy um I'm open to either way if uh if the board finds that you know approval of this works that with you got to move it over it's not any kind of livable space on top you can possibly have it just accommodates bicycles surfboards and anything else that you know I don't want stolen from our yard um board has any questions i' more than happy to try to respond to them so you're do you have a survey I have a survey the original survey of the property I didn't get an updated survey because I gotta tell you this to put one of these packages together is kind of a pretty unique it's uh so I I had the original survey then I had a modified survey attached to it but it's not stamped by a licensed surveyor the house didn't move gentlemen the fence before didn't move you can see Mr McLaren's last picture of the report that's put in the the structure literally is in the same place but moved forward it I used the existing you know 6X sixes that were underneath on the original shed and took down the fence U scooting it over like I said is possible it's a little bit of a challenge but it's not that nothing not in regard to all the pictures say then first of all marate municipalities don't aren't Bound by the rules so there's no there's no absolutely but you would think the governor would governorship or the city would actually set the Ben Mar s the city's not subject to these rules second of all I just look through quickly and some of those places have variances the other ones aren't before the board so I can't answer for them absolutely and like I said I'm not I'm not saying that I'm not wrong sir in any in any way it's built too big I should have been far enough to double check that stuff but what I'm saying is it's it's within character of marget I don't really agree with that as a character with Mor I mean we you know some of those sheds could have existed before the U the new ordinance some of them maybe they got variances for um most sheds that I see at on builder in morgate are 8 by1 um yeah so yeah I I don't 9 high huh and 9 ft tall and NT tall right so for starters we you we don't even know what the overhang is actually um going on to the other neighbor's property correct going but the Gutter The Gutter is not it's one in off off with the gutter but you would have to get that ver you said you you don't have an updated survey right there's a pin when the gentleman bought the house behind there's a pin proper going off of that pin visible right so I would go 12 in off of that that's right except you need a survey to make sure it's corre i' go 13 in right but if I do meas that is correct off the surve did you build it yourself or did somebody build it for you his friends build okay is he a builder well you know Carpenters or Andor right so they're not licensed contractors they are not liced contractors I don't I don't believe and at some point there was a red sticker put on the building so this red sticker sir I talked to different people I what I hear is once you slap that sucker on it doesn't come off so when the gentleman came up to me we were putting a lock on for the door that's the second I'm and I'm like I'm putting a lock on it's already buil what are my options it's not like I was in the midst of the building you know what forget about it I'm not I'm going to ignore you what I've Been Told put those stickers on Tak a jack work stop work no I understand but I'm saying it takes a jack camera it off I don't I didn't see a STI it wasn't apparent anywhere in there where it said don't when the gentleman actually pulled up and stops we're putting a lock on if it took a jackhammer to get off the city would be sued by everybody who gets a red sticker so you used a you didn't use a license Builder you didn't get a permit you didn't get the approvals and you were told twice stop work sir I don't I didn't believe it twice only once gentleman pulled up and we stopped at that point and I went and did everything I was told to do ex we can only go by what the record twice so let me also show you that when you sent the ordin or the sent the citation it was sent to the wrong name and the wrong address twice yet I received my tax bill my water bill fine but you should have taking the steps to do it the proper way can't say that because we didn't notify you the right way because you were doing it the wrong way that we're at fault I'm not saying you're at fault what I'm saying sir there's errors what I saying is there's errors and there's no licensed Builder that builds shedu by from long from Home Depot or from there they're they're pre-built they're not licensed in the state they actually come from that so was yours preab or was it buil on it is not it was built on site then you need a licensed Builder am I correct I don't believe that's the case here in New Jersey you're allowed to build your own home not for less than 200 not for less than 200 square feet is there a garage on your property not g behind when they need this nonconforming lot to theage down I had the G I would shut so let's get back to me I I don't understand are you saying that the shed and and this will be this would be verified from surveyor are you saying that the shed is 12 in off the property line is not it's be moved to right now with the overhang it's a 6 in C I got I think an inch exactly inch or maybe an inch and a from where the pin is in a laser level measure that right so the shed so in in order to be at least with it in accordance with the setback you got to move the shut I would have to move the shut right right right because right now that gutter is actually protruding into your it's not prior it's one in Prior I so but the but the building itself is less than 12 in I believe n nine right okay are they anchored I don't believe maybe the originales were tied shed I contacted a shed that's how's like we can probably move it over that's how I anybody else from North so go ahead if he's successful tonight you would have to get a permit based on the variances including construction Municipal permit and you're going to be required to Anchor that to the ground so it doesn't float away and yeah I should be able to do that find drill well you will have to do that that's no no I understand what I'm saying that's all possible that's possible anything's possible time and money your landsc land service house is fairly nicely landscaped but it's already been a nonperforming lot one that the city did so I'm kind of like living within the bounds of that three more feet of grass I mean I have underwater drainage everywhere I haven't thought about the neighbor drainage you know to take that into account who puts gutters on a shed right the person is worried about the property next to them or water management right so they recommended and I'm like yeah okay it was an additional cost it was you know digging it underneath putting a pipe putting a popups and you know so it goes into flower beds was all extra mentioned earlier that um maybe we should be consider at the landscape coverage and no no no sir what I what I was trying to tell you Recons about shed size because when I looked I wrote a simple script that we use Google Earth there was a lot of them that were nonconforming so it was like okay well it's in within character of of the town because they all a lot of people have it that way and it doesn't hurt anything whether that's an opinion that doesn't mean it's not violating the ordinance in any way s the size absolutely um okay anybody else from the for okay we're going to open it up to the public yeah letter you you said what he said I'm okay with that but we can't accept any written comments seriously um you can come up and state your name and address and I'll just swear you in patri Perry and I live at 312 than right next door M Perry please raise your hand you swear airm the testimony you're about to give would be the truth yes I do thank you so I want to keep an amicable relationship with my neighbor um but at the Excuse me yes it says that he lives at 312 no I'm 310 you go 31 oh did I say 312 I'm sorry if I did okay 310 so you don't live you don't live 310 North okay yeah directly like just south all right so um it is a beautiful shed I'm okay with the heke I'm okay with the rear setback that's doesn't affect me but the side setback absolutely does it encroaching my property um the overhang does it does overhang onto my property um I pointed out the mark and and you know that's why we're here we we need to rectify that and I'll be happy um he's got at least a foot and a half to go over towards his deck he can move it over um and and other than that I'm fine with it as for the survey I was hoping to see A current survey I have a survey with me for my property um um and I know you guys have one own file I raised it in 2017 18 so I have that surveys there um but if you want mine I can um and also I took a picture of the pin because the neighbor on on H Fremont bought so I have a picture of the pin and you can kind of see where it overhangs um and there's a couple now greatest pictures but there you can there's another good picture that you can see where pin in the flag is um it's close enough that we would have to S have a survey I mean I I it looked to me like it was over but it can't be well I think it's within an inch it doesn't mean anything it has to be by license survey yes and I think if he moves it over to his deck we're good from my standpoint okay y anyone else okay public is closed uh okay so sure so if there is electricity in there um obviously there's going to be a permit to make sure that safe and what not right right good and Miss Parry if it meets the one foot you want it to meet the one foot side yard that's your is that the building or the wall it could be up to zero so the gutter can be to zero yes okay cool I just want to confirm that her set pack is three according to the survey is 3.0 ft so anyway um for number one the shed's got to get moved I mean regard you know I don't know I don't know how we're going well I I I I think a condition if the board approves it we' be approving the height and the area in the rear yard at is zero with the condition would be get a survey and show that it complies with the one foot side yard setback I I assume that would the and get a get get permits so you'd have to get some type of engineering or something to you know right ready go ahead one other comment is there's a water meter a Mark I think the last time I was out there like five years ago the water meter that's in front of your house serves the house behind you microphone what I realiz thing it's really weird um like I said it was non-performing the meter there and what I believe what I thought was your sprinker line is actually their water line it goes in and I got pictures it cuts a 45 right the parking strips goes into your yard I mean I don't know what that is it's two in right so does that I'll show you a picture I don't know what that could be I thought it served the house on Fremont I believe it served the house on Fremont and the reason I'm bringing this up is when you're anchoring kind of make sure we don't hit that water well you got to get a dick right right it would out you got to get a dick so yeah the one I mean I I I ran into a situation pen and they had the they house had the W meter on the corner so but anyway um so getting back to you're G to do the yeah U you say yes do we want put Roger or the board some sort of time parameters on this I we could put a condition but then it's like 30 days waiting a while be heard 30 days from the resolution 30 days from the resolution that's okay all right so the motion's going to be a c variance application for the shed it needs uh the size of its it's too high uh 12 feets they're at 12 feet 9 FTS the maximum permitted the area it's about 128 square feet 80 Square feets permitted and then terms of the setbacks one one foot's required on the rear they're at about zero that's going to stay but the condition will be and then the landscape coverage also they're 35% required they're below that Roger oximated about 30 and a half% I believe um and the condition's going to be that the applicant's going to have to get permits for the shed anchor it and move it over to comply with the sidey yard setback of one foot uh confirmed by a survey and do so within 30 days of adoption of the memorializing resolution if approved which will be about 60 days from today third 60 days 30 days we'll adopt the resolution which will give you 30 days to get the work done that makes made sense and then the standard conditions we put in every resolution I'll make that motion Tom Collins um so a lot of pictures of Margate here but most of them really don't pertain to what we're doing um I just think this was handled all wrong from the GetGo and I don't think any attempt was made to do it in the proper right way uh there's no reason that we should Grant variances to cover the mistakes of somebody that should have known better uh I just think this is wrong I don't think it's good for the neighborhood I don't think it's good for Margate and I think it sets a precedent that we really don't want so I I have to vote now Michael Richmond okay so I think I got to agree with Tom I mean it's it's grossly look everybody makes mistakes I'm a builder things happen here and there but this is like way over what's allowed and and you know I I maybe when we have our um you know what you thing re new master plan we should we should look into that a little bit with with you know the sheds I mean you know but at this point that's that's the the rule that's the ordinance so um I just wish that it would have been you know when when um the homeowner realized there was an issue wish that would have been talked about before he just ahead and finished it so I'm going to bet Stephen ji yes been it's been handled wrong um and we can't continue I have to agree with the other board members I I I don't approve John pitz um yeah under the rules for approving a variance it's fairly clear if the granting the request benefits only the owner and it's not allowed so I do not approve Craig palano I agree with JN it benefits the owner only and um too many mistakes were made I went forward either too fast or not careful enough so I'm going to agree with the other board members on this and I'm aside with the code enforcement officer I vote now Richard Patterson I agree with Mr Collins I the application is denied with zero in favor and six opposed beir to my neighbors can you give me at least till September to you know or wait let me start in September so I don't ruin the block we're not like an enforcement board that's more in the discretion of Code Enforcement I believe correct because if I can't move it you know it's got to be torn down I have to bring in a dumpster anything else it's a little just would be really crappy to the rest of Myers say September 15th is that fair yeah I think if I start in September I me I didn't things calm down it's not crazy I thought he's asking for right now the board does not have that jurisdiction right I think but for me from the administrative part of it we can work with you on that yeah got right just don't want to another her Roose de right okay all right anything else um we did have our first get together about the below and open it and Rich and Tom were there I think we we made a little bit of Headway about how we're going to address that and yes we're throwing around you know percentages versus numbers versus location and I think we have a start so I have to draft something up and provide to the boards in essence that's what we pretty much decide on the how the numbers work out so I'll have to compare all zoning zones to see what it would be and again keeping in mind that our building coverage requirements might be changing too instead of that sliding scale which really gives an F of too high in my opinion keep that down and we can go from that % and we're trying to get this even if we make mistakes for now because going to the master plan get Bas right TR do what now % right but we're we're GNA we're going to go we're going to go over all this stuff right Roger yeah yeah now Mike we're not yeah I'm not gonna come in one day it's p one meaning I miss so when Roger gets enough time to get all this information again and Flor they sh a bedroom all dressers and mirrors yeah I know I know but you know I he bu a few of them no I'm just kidding no but but what I'm saying is you know just so you know I'm a builder when you build a house or raise a house if it if even if the house doesn't have the parking underneath if it's above six feet and P knows this you have to get a um you got to go to the county and you have to register you have to sign this thing and not conversion agreement and it's not like you know you're just I mean just gets registered with the county it's a legal thing okay and everybody ignored well well that's not I mean maybe in Margate there's not enforcement but there's enforcement in law Court uh I I probably yeah well I know for sure because after um we built a house recently in Longport you know this they called me and they said you know can you get me get a s because the home owners weren't there you know so it there is enforcement um so yeah I just be c i you know for one thing I would think is that how like let's say how many feet do you need for a park 20 feet right should be in 10 by 20's idea right so theoretically that parking area shouldn't be any type of storage or anything anyway you know it should be parking but it's not it's more right that's what I'm saying but but is it 50% or is it like I like you're saying maybe it's a sliding scale maybe if um no he said we're getting rid of sliding scales 50% of the floor area