Stephen Jenss presented his application to the Zoning Board, emphasizing the physical constraints imposed by his irregularly shaped property. Jenss’s existing home is grandfathered into the zoning ordinance due to its placement 14 feet from the neighbor’s property line. The proposed pavilion would extend two feet closer to the property line than the current structure, leading to the request for a variance. Jenss argued that the variance is necessary to create a safe and functional outdoor space for his family, as the current patio presents safety risks due to a makeshift step. The proposed changes aim to enhance the usability of the backyard while respecting the neighborhood’s character.

Board members questioned Jenss about the specifics of the pavilion’s placement and the surrounding conditions. They verified that the setback would indeed be 12 feet from the property line, with a significant distance remaining between the proposed structure and the neighbor’s house. The board found the applicant’s justifications reasonable, given the constraints of the lot and the location of the septic system.

Neighbor Robert Johnson, residing on Old Trenton Road, expressed support for the project during the public comment period. He confirmed that there is ample space between his property and Jenss’s, and he raised no objections to the proposed pavilion.

After considering the practical difficulties and the minor nature of the setback intrusion, the board concluded that the variance could be granted without detriment to the public good or impairment of the zoning plan. The approval was unanimous, and Jenss was given the go-ahead to proceed with his plans.